HomeMy WebLinkAboutP & Z Packet July 12, 2006
PLANNING & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
July 12, 2006
7:30 P.M.
Call to Order
Roll Call
NEW BUSINESS
1. Approval of Meeting Minutes: June 14, 2006.
2. Recommendation to the Board of Adjustment: Special Exception Request No.
06-05 to Allow Storage of Liquefied Petroleum Products in the M-1 Zoning
District, Section 11 and14, Township 24 South, Range 37 East, Parcel 15 and
271 (8817 N Atlantic Avenue) - Craig E. Smith, Designated Agent for Coastal
Terminals LLC, Petitioner.
3. Recommendation to the Board of Adjustment Re: Special Exception Request
No. 06-04 to Allow Outside Storage of Recreational Vehicles, Trailers and
Trailerable Items in the C-2 Zoning District, Section 15, Township 24 South,
Range 37 East, West Portion of Parcel 760, (200 W. Central Boulevard) - Ahmad
and Abuighasem Nasajpour, Petitioners.
4. Recommendation to the City Council Re: Site Plan Approval for an Office
Building and Mini-Storage Building, 400 Imperial Blvd - Arthur Berger, Applicant
5. Recommendation to City Council Re: Final Replat of Villagio Townhomes -
Replat of Lots 1, 2, and 3, Block 1, Avon by the Sea Subdivision - (Washington
Avenue) - Ron Wallen, Applicant.
6. Recommendation to City Council Re: Preliminary Replat of Laws TO'vvnhomes, -
Lot 5, Block 69, ,to,von by the Sea, (Lincoln Avenue) - James E. Morgan,
Applicant.
OPEN DISCUSSION
ADJOURN
Pursuant to Section 286.1015, F.S" the City hereby advises the public that: If a person decides to appeal any decision
made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person wi!! need a
record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law, This meeting may include
the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement
and/or Community Appearance Board who mayor may not participate in Board discussions held at this public meeting.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's
office at 868-1221, 48 hours in advance of the meeting.
PLANNING & ZONING BOARD
MEETING MINUTES
JUNE 14, 2006
A Regular Meeting of the Planning & Zoning Board was held on June 14, 2006, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea
McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll.
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
MEMBERS PRESENT
Bea McNeely Chairperson
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson 1 st Alternate
MEMBERS ABSENT
Lamar Russell Vice Chairperson
OTHERS PRESENT
Susan Chapman Secretary
T odd Peetz City Planner
Kate Latorre Assistant City Attorney
Robert Hoog Mayor Pro T em
Leo Nicholas Council Member
NEW BUSINESS:
1. Approval of Meetinq Minutes: May 24, 2006.
Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of
May 24, 2006. Discussion followed. Motion by Donald Dunn, seconded by Harry
Pearson, to approve the meeting minutes of May 24, 2006, as corrected. Vote on the
amendment carried unanimously. Vote on the main motion, as amended, carried
unanimously.
ry Recommendation to Board of Adjustment Re: Special Exception Request No.
....
06-04 to Allow Outside Storaqe of Recreational Vehicles, Trailers and Trailerable
Items in the C-2 Zoninq District, Section 15, Township 24SQl1th, Ranqe 37 East,
West Portion of Parcel 760, (200 W. Central Boulevard) - Ahmad and
Abulqhasem Nasajpour, Petitioners.
Todd Peetz, City Planner, advised that the property was located on the north side of
Central Boulevard, east of the canal, and west of a lumber yard. He noted that the
property to the west of the canal has an existing special exception for outside storage.
Mr. Peetz reviewed and read comments from the City staft He suggested that
appropriate landscape be placed as a condition in the Board's recommendation. He
noted that the fire department requests a minimum 20 ft. of unobstructed access, and an
additional fire hydrant. Mr. Peetz reviewed the special exception worksheet.
Planning & Zoning Board
Meeting Minutes
June 14, 2006
Page 2
Jess Cooley, owner of TowBoat US Port Canaveral, testified that he and John Potts,
owner of East Coast Marine, needed to expand their existing boat storage facilities that
are located in the Port. He explained that this area is a heavy boating community and
there is no additional vacant property available in the Port that allows this type of use.
He noted that most condominiums in the area do not allow parking and storage of boats
and RVs. He verified that his request included the storage of boats, boat trailers, and
RVs.
Mr. Cooley further testified that there is an existing fire hydrant across the street from the
gate on the South side of Central Boulevard. He submitted an updated site plan. The
Board members reviewed and compared the original site plan with the updated plan.
Discussion followed. Mr. Cooley advised that he would be happy to add screening; the
average boat size would be 40 ft; the spaces would be marked, and the fenced area
would comply with the 20 ft. of unobstructed roadway access; there could be some traffic
impact on days of fishing tournaments; security lighting would be added; there would be
no office; the boat owners would have a key or swipe pad, and have 24 hour access; the
perimeter fence is chain link and 6 ft. high, a white mesh screen would be added the
entire width of the fence along Canaveral Boulevard; some of the boats may be on jack
stands and strapped to meet all OSHA requirements, and he owns a hydraulic trailer that
can move any equipment if needed. Ahmad Nasajpour, property owner, agreed to move
the fence back from the right-of-way and plant heavy landscaping on the outside of the
fence. Mr. Cooley noted that there would be no hazmat or big jobs, just minor general
maintenance. He advised that the outside storage area would be limited to 55 spaces.
He noted that the area would remain grassed. Todd Peetz read City code Section 110-
551 (2) (E) and (F) regarding property maintenance. Mr. Cooley agreed to keep the
area maintained.
John Fredrickson voiced his opinion that he did not think this request would be an asset
to the city unless it is heavily screened from view on the South and West sides.
John Johanson explained that the property should have a dumpster to avoid boaters
from piling trash bags along the road. Mr. Nasajpour agreed to place a dumpster on the
property.
Bill Barnes, property owner to the West of this property, stated that he did not have a
problem with this request.
The Board members held discussion regarding the submitted site plans not accurately
reflecting what was planned, such as: type of fence screening, type of landscape
screening, the entrance, the 20 ft. of unobstructed access, the existing fire hydrant, the
placement of proposed lighting, the placement of the dumpster, the maximum number of
parking spaces, or an explanation of how the spaces would be marked. Discussion
followed regarding some of the Board members not having enough information to make
a recommendation.
Planning & Zoning Board
Meeting Minutes
June 14, 2006
Page 3
Motion by Bea McNeely, seconded by John Fredrickson, to table this request until the
next meeting. Vote on the motion carried by a (3) to (2) majority vote, with members
voting as follows: Donald Dunn, against; John Fredrickson, for; John Johanson, against;
Bea McNeely, for; and Harry Pearson, for.
Todd Peetz advised that he would need the information submitted no later than next
Wednesday for this item to be scheduled on the next agenda.
John Johanson voiced his opinion that the Board could have made recommendation to
the Board of Adjustment with a written list of requested additional information.
OPEN DISCUSSION
The Board Secretary reminded the Board members to submit their Financial Disclosure
Statements to the City Clerk's office as soon as possible.
There being no further business the meeting was adjourned at 8:20 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
AGENDA
Heading Special Exception 06-05
Item #2
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANA VERAL
SUBJECT: Special Exception request 06-05 to allow Storage of Liquefied Petroleum Products in the
M -1 Zoning District.
DEPT./DIVrSrON: Building Department
Requested Action:
Con, ide, and make a WCOmmeodation to the BOMd of Adjlliltmcnt fOt appmval/denial of Slomge of liqnefied petmleum pmdue".
Summary Explanation & Background:
The applicaut is Coostal Tennin.l, LLC, the owne, of the existing petmleum iank fann. They have 'eque,1ed a 'pecial exception 10
expand the existing petroleum tank farm use in the industrial zoning district. The property where the expansion is to occur is
currently undeveloped. Howev", the expansion wiU be towacds exiSling multif.unily development. The pmjcet is located north of
Shorewood Drive and east of North Atlantic A venue.
I
Exhibits Attached, #1 Application, #2 Legal de,cciptiou and OWue, telatoo infonnation, #3 Applicant information tegMding the
special exception, #4 Notification to Surrounding Property Owners, #5 Staff Report on the Special Exception, #6 Letters from
I Surrounding property owners, #7 Minutes from an earlier expansion request. I
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City Planner's Office Department: Building Department I
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DATE FILED 5-15-C~? FEE PAID'IbaSO, 00 DEPOSIT11) cq d5<'-L5B {
RECV'D BY: S;\C ($250.00 Filing Fee is non-refundable)
NATURE OF REQUEST
Special Exception is for what purpose (Brief Description) 6d /~c9t.< r c:/"c
g:CJL-/7i't:'JLLW/P! /ffA//f'J
Address of request (if applicable) P:1..s-~ /l/. /9-/ ,(-/J,v-;F/'t!.- AVer ~$&~/t? R. :? :2-92D
Legal Description: Lot_Block_Parcel Subdv
Section 1'7' +IITownship .;z '/ .J' Range X'7'.6: .pNi\c.1.<;; c;tf:3 r-4rcl. k 1'f'"'~Z:1\
.
STATEMENT OF FACT: State of Florida, County of Brevard; I
C';-p~/c5 L'::: ,r:~,; n,c:. . being duly sworn, depose and say that
_ r am the property owner.
l//r am the owner(s) designated agent. (notarized authorization required)
Owner(s) Name(s): ~;":-+tC7dL"/ c~~/A//PLI L/ (;_
Address: P9S-,;z. A~ .r?'/Lft/l///C- /77//: f"?/JrE (?.8-/t/A-/~~).?//~rL, S.2{:Y2D
Home Phone Work Phone ~?~ -3.3 ') 3 E-Mail c?Jh/7;// e 7...cAt..v.t'/jo-;'?>V)",??-/c'w.c_"': e'c;"'r-(
Applicant(s) Names(s): (/~A{17~L 7;;)e/o//NdLf ~L [;
Address: ~~?o A<7/;-?O/1/JUJr-j-'V ciT/7 .3/00
Home Phone '-"- Work Phone - E-Mail __ __
All information, sketches and data contain~d 'lnd made part of this ~l1lilffl_bF FLORIDA
and ~u,::,e.-p to, me be"st o~, ~y knO~, d b~ije.f--7, '~' Susa~ ,1. ,Chapm,an
C-t:-ih, ~~. :~s:;:! - Com,,"~S1on #DD384306
/' . , , ExpIres. MAR. 23, 2009
Signa htfc:....Q.LAppli ,t Bonded Thru Atlantic Bonding Co., Inc.
S, ;;; and_pubsc ibe1, efore me on this 15 day of mCJJa .20 Ob,
. ~~~'L-
tate of Florida
The completed request form and the $250 filing fee must be filed as follows: Requests for
Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a
minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board
Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior
to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after
the request is heard by the Planning & Zoning Board. (A deposit may be required per Section
110-92 )
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This application must be legibly completed and returned, with all endosUl"es
referred to therein, to the Building Department, a minimum of Thirty (30) days
(sixty (60) days for Telecommunications Towers) prior to the next regularly
scheduled meeting in order to be processed for consideration by the Planning &
Zoning Board for study and recommendation to the Board of Adjustment The
owner Or a owner representative are required to attend the meetings and will be
notified by the board secretary of the date and lime of the meetings. The
Planning & Zoning Board holds regular meetings On the 2nd and 4"' Wednesdays
of every month at 7:30 p.m. in the City Hall Annex, 111 Polk A venue, Cape
Canaverat Florida. ALL OF THE FOLLOWING INFORMATION MUST BE
SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any
questions, please contact the Building Department at (321) 868-1222.
[PATE: ~-2 9~L7h ~J
1. NAME OF APPLICANT(S) ~"?r&//jLL /CP/if/,A//9-t...r..!...~ e.-
ADDRESS (if assigned)..GY9.5;;?2 A/ /P'l:C/hu'FJc /7'0:- C!/J~E e/f/'f./ ~d .2920
PHONE # ?J"d.';J-:Y~? --,-FAX. #2'P-':?J>Y7c:' - E-MAIL_ --------
2. COMPLETE LEGAL DESCRIPTION OF PROPERTY:
LOT: BLOCK: - SUBDIVISION: -
PARCEL:
SIZE OF SUBJECT PROPERTY IN AC~S: ~S:9
.(
SECTION:J' 4/' TOWNSHIP ';<9'"..sr RANGE 3;7 ~c
DESCRIPTION: -
3. ORDINANCES SECTION UNDER WHIGl SPEGAL EXCEPTION IS
SOUGHT
(EXAMPLE, ARTICLE X, SEcrION 2) ",Fe'7t?-L; Nt> -..1.'-1'_0) -
4. COMPLETE THE AITAGlED WORKSHEET IN FULL. (INCOMPLETE
APPLICATIONS MA Y REsU1~T IN DENIAL OF REQUEST)
. ...--......
5. PREsENT ZONING CLASSIFICATION: (EXAMPLE C-l, C-2, R-l, R-26)
ETe.) /
6. PROVIDE THIRTEEN (13) COPIES OF SITE PLA_N OR APPROPRIATE
DRA WING(S) SHOWING THE FOLLOWING WHERE APPLICABLE:
(a) Adequate ingress and egress may be obtained to and from the property,
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and emergency access in case of fire
or medical emergency.
4 (]
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. - ... , 05-31-200508:44 am
CFN:2005189956 / 6227
OR Book/Page: 5474
This Instrument Prepared by:
Robert P. Wright, Esq.
Baker Botts L.L.P.
910 Louisiana Street Scott Ellis
Houston, Texas 77002-4995 Clerk Of Courts, Brevard County
#Pgs: 6 #Names: 2
Trust: 3.50 Rec: 49.00 Serv: 0.00
Folio Nos. Deed: 0.70 Excise: 0.00
- Mtg: 0.00
Int Tax: 0.00
-
-
DEED AND ASSIGNMENT
. BO~D~
COASTAL FUELS MARKETING, INC., a claware corporation ('~rantor"), whose
address is 1670 Broadway, Suite 3100, Denver, Colorado 80202, for and in consideration of the
sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to the
Grantor in hand paid by COASTAL TERMINALS L.L.C., a Delaware limited liability Company
("Grante,"), whose address is 1670 Broadway, Suite 3100, Denver, .Colorado 80202, the
RECEIPT and sufficiency of which. are acknowledged and confessed, has GRANTED,
BARGAlNlJD, ASSIGNED, SOLD, and CONVEYED, and by these presentS hereby does
GRANT, BARGAIN, ASSIGN, SELL, and CONVEY, unto Grantee all of Grantor's right, title
and interest in and to the following described property located in Brevard County, Florida
("PropertY"), to-wit
1. Those certain parcels of, or interests or estates in, real property which are
described in &xhibit A attached hereto and incorporated by reference herein for all purposes.
2. In the case of the leasehold interests, easements, rights of way or other non-fee
interests in real property Conveyed pursuant to parab'faph 1. above, all of Grantor's rights, titles
and interests in and under the leases, easements or other documents creating same (the "JntcreeJ
Creation Instmmen~") referred to in Exhibit .A.
3. All improvements (the "Improvementi") located on or in the tracts of land
referred to in ~ (the "Larill").
4. AU appurtenances to the Land.
The conveyance of the Property is made by Grantor and accepted by Grantee subject to
all recorded and unrecorded liens, encumbrances, agreements, defects, restrictions, adverse
claims and all laws, rules, regulations, ordinances, judgments and orders of governmental
authorities or tribunals haVing or asserting jUrisdiction OVer the Property and operations
conducted thereon or in connection therewith, in each case to the extent the same are valid,
enforceable and affect the Property, inclUding all matters that a current surveYor visual
HOU03:1024107.1 -1- Cape Canaveral Terminal
Brevard COUUiy, Florida
G)
/
inspection of the property would reflect; provided, however, that nothing contained in this
paragraph shaH operate to impose or re-impose any of the foregoing.
TO HAVE AND TO HOLD Grantor's right, title and ipterest in and to the Property,
together with all and singular the rights and appurtenances thereto in any wise belonging, Wlto
Grantee, its successors and assigns FOREVER, including, but not limited to, (a) all riparian
rights in any way belonging to the Property, (b) all rights of way, rights of ingress and egress,
rights of reverter, tenements, bereditaments, privileges, and appurtenances in any way belonging
to tbe Property, (c) any land lying in the bed of any alley, highway, street, road or avenue, open
or proposed, in front of or abutting or adjoining the Property, (d) any strips or gores of real estate
adjacent to the Property, and (e) the use of any and all walks, alleys, and rights of way, if any,
abutting, adjacent, contiguous to or adjoining the Property.
Grantee hereby accepts this conveyance and assumes and agrees to be bound by and to
perform and observe all of the covenants and obligations of Grantor contained in the Interest
Creation Instruments which are to be performed or observed on or subsequent to the date hereof
GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE,
DOES NOT MAKE, AND SPEClFICALL Y NEGATES AND DISCLATh1S, ANY
REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR
GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS,
IMPLIED OR STATIJTORY, ORAL OR WRlTTEN, PAST OR PRESENT, REGARDING
(A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY
(INCLUDING, WITHOUT LIMITATION, THE IMPROVEMENTS) OR LAND, INCLUDING
THE WATER, SOIL, GEOLOGY OR ENVIRONMENTAL CONDITION OF THE
PROPERTY GENERALLY OR THE PRESENCE OR LACK OF HAZARDOUS
SUBSTANCES OR OTHER MATTERS ON THE PROPERTY OR LAND, (B) THE INCOME
TO BE DERNED FROM THE PROPERTY OR LAND, (C) THE SUITABILITY OF THE
PROPERTY OR LAND FOR ANY AND ALL ACTNITIES AND USES THAT MAY BE
CONDUCTED THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR LAND
OR THEIR OPERATION WITH Al-N LAWS (INCLUDING ANY 20Nll'-IG,
ENVIRONLvfENT AL PROTECTION, POLLUTION OR LA'-L~ID USE LA WS, RULES,
R FGULA TIONS, ORDERS OR REQUIREMENTS), OR (E) TIfE HABITABILITY,
MERCHANTABILITY, !vlARKET ABILITY, PROFITABILITY OR FITNESS FOR A
P ARTICULAR PURPOSE OF THE PROPERTY OR LAND. GRANTEE ACKNOWLEDGES
AND AGREES THAT IT HAS HAD THE OPPORTUNITY TO INSPECT THE PROPERTY
AND LAND AND IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE
PROPERTY AND LAND AND NOT ON ANY INFORMATION PROVIDED OR TO BE
PROVIDED BY GRANTOR. GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER
BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR
INFORMATION PERTAINING TO THE PROPERTY OR LAND FURNISHED BY ANY
AGENT, EtviPLOYEE, REPRESENTATIVE, SERVANT OR THIRD PARTY. GRANTOR
ACKNOWLEDGES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS
IS", "WHERE IS" BASIS WITH ALL FAULTS, AND THE PROPERTY IS CONVEYED
HOU03:1024107.1 -2- Cape Canaveral Tenninal
Brevard County, Florida
(j)
SUBJECT TO ALL OF THE MATTERS CONTAINED IN THIS PARAGRAPH. THIS
PARAGRAPH SHALL SURVIVE SUCH CONVEYANCE. THE PROVISIONS OF THIS
PARAGRAPH HAVE BEEN NEGOTIATED BY GRANTOR AND GRANTEE AFTER DUE
CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND
NEGATION OF ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS,
lMPLIED OR STATUTORY, WITH RESPECT TO THE PROPERTY TIlAT MAy ARISE
PURSUANT TO ANy LAW NOW OR HEREAFTER IN EFFECT, OR OTHER WISE.
This instrument maybe executed in separate or multip Ie counterparts, each 0 f which shall
be deemed an original and all of which taken together shall constitute one and the same
instrument.
[Signature pages to follow]
HOU03:1024107.1 -3- Cape Canaveral Terminal
Brevard County, Florida
@
WITNESS THE EXECUTION HEREOF, effective as of May 27,2005.
Signed, sealed and delivered GRANTOR:
in the presence of:
COASTAL FUELS MARKETING, INC.,
~L~a.iO"~
a c a',vare corporation
By; kl/c/;rf' aL___
Donald H. Anderson
frM Chief Executive Officer
e: Cr~'\j f 1-1 ( ( GRANTEE:
COASTAL TERMINALS L.L.C.,
a Delaware limited liabi~ -
By: /tUcI ~ ~
.
Donald H. Anderson
t4JV Chief Executive Officer
e' . f f-I~/{
. CrL\~
HOU03:1024107.1 Cape Canaveral Terminal
Brevard County, Florida @)
STATE OF COLORADO )
) to wit:
COUNTy OF DENVER )
I HEREBY CERTIFY that on this&~~ay of May, 2005, before me, a Notary
Public in and for the State and County aforesaid, personally appeared Donald H. Anderson,
known to me (or salisfact lilx!"oven) to be the Cbief Executive Officer of COASTAL FUELS
MARKETING, INC., a COrporation, and that such entity, being authorized to do so,
executed the foregoing and annexed instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~ OJ~~
Notary ub c :>:"." "-.::<:;0 i '. '"
My Commission Expires: :',,~~, " ';1i f:~~~~'~:;~~;~~)
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STATE OF COLORADO )
) to wit:
COUNTY OF DENVER )
I HEREBY CERTIFY that on this ~day of May, 2005, before me, a Notary
Public in and for the State and County aforesaid, personally appeared Donald H. Anderson,
known to me (or satisfactorily proven) to be the Chief Executive Officer of COASTAL
TERMINALS L.L.c., a Delaware limited liability company, and that such entity, being
authorized to do so, executed the foregoing and annexed instrument for the purposes therein
contained,
D\[ WITNESS WHEREOF, I hereunto set 1l1Y hand and official seal.
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Notary Pu II '.- .". "" -- J.:, ''., ~.-.__.C; I
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My Commission Expires: '_, i
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HOU03,1024107.1 Cape Can"e,,) Tenninal
Brevard COlUlty, Florida
0~
EXHmIT A
DESCRIPTION OF PROPERTY
Parcell:
A portion of fractional Section 14, Township 24 South, Range 37 East, Brevard County, Florida,
the same being more particularly described as follows:
COmmence at the Northwest comer of said Section 14, thence run South 89 degrees 28 minutes
37 seconds East, along the North line of said Section 14 for 1,632.56 feet to a point on the East
right of way line of State Road 401, said point being the Point of Beginning of the following
described parcel of land:
Thence run South 09 degrees 40 minutes 00 seconds West along said East right of way line for
1,357.18 feet; thence run South 07 degrees 39 minutes 25 seconds West along said East right of
way line for 147.43 feet; thence South 89 degrees 32 minutes 41 seconds East for 1274.14 feet;
thence run South 00 degress 47 minutes 11 seconds East for a dsitance of 134.55 feet; thence run
North 89 degrees 53 minutes 44 seconds East along the Northerly line ofthe Villages of Seaport
as described in Official Records Book 2598, Page 135 of said county for 256.06 feet; thence run
North 00 degrees 47 minutes 09 seconds West for 1118.76 feet; thence run North 89 degrees 31
minutes 31 seconds West for 251.22 feet; thence run North 00 degrees 00 minutes 00 seconds
East for 205.84 feet to a point on said North line of Section 14; thence run North 89 degrees 28
minutes 37 seconds West along said North line of Section 14 for 1017.93 feet to the Point of
Beginning.
Parcel 2:
That certain 35 foot easement lying in that portion of Sections II and 14, Township 24 South,
Range 37 East, more particularly described as follows:
COmmence at the Southwest comer of Section 11, Township 24 South, Range 37 East; thence
Easterly along the South line of said See ti on 11 a distance of 1464.75 to the Point of Beginning;
thence North 32 degrees 52 minutes 30 seconds West a distance of 636.00 feet; thence North 33
degrees 27 minutes 16 seconds West a distance of 426.24 feet; thence South 00 degrees 17
minutes East a distance of 63.99 feet; thence South 33 degrees 27 minutes 16 seconds East a
distance of372.50 feet; thence South 32 degrees 32 minutes 30 seconds East a distance of748.96
feet; thence South 82 degrees 24 minutes 20 degrees East a distance of 43.19 feet to the West
ri gh t 0 f way of A 1 A; thence North 09 degrees 16 minutes 00 degrees East along said Wester! y
right of way a distance of 35.01 feet; thence North 82 degrees 24 minutes 20 seconds West a
distance of 28.06 feet; th ence North 32 degrees 52 minutes 30 seconds West a dis tance of 89.00
feet to the Point of Begirming; all lying and being in Brevard County, Florida.
Being the same premises which Canaveral Port Authority originally granted to The Canaveral
Co rporati on h y unrecorded Con tract d at ed S ep tern ber 28, 1951, 1 ast am ended by Six tll
Amendment to Contract Dated September 28,1951 dated December 1,1980.
HOUOJ:I024!07.1 Cape Canaveral Terminal
Brevard County, Florida
~
Coastal Terminals LLC
Erik B. Carlson
Senior Vice President
April 3, 2006
City of Cape Canaveral
Building Department
l05 Polk Avenue
Cape Canaveral, Florida 32920
Re: Application of Coastal Terminals LLC for Special Exception Request for BuiIdout
of Petroleum Tanks at 8952 N. Atlantic Avenue, Cape Canaveral, Florida (the
"Property")
To Whom It May Concern:
Please be advised that Craig E. Smith is employed by Coastal Terminals LLC ("Coastal") and his
title is Area Manager with responsibility for managing Coastal's petroleum storage terminal
facility located on the Property. In such capacity, Mr. Smith represents Coastal and has all the
necessary authority required to submit, execute, respond to, and carry out the subject application
on behalf of Coastal.
Please feel free to contact either Craig Hall or myself at the number indicated below if you have
any questions with regard to this letter. Thank you.
SL~~T0 ~
Erik B. Carlson
Senior Vice President
My commission expires: r;;/~1/0g
1670 Broadway, Suite 3100 Phone:
Denver, CO 80202 Fax:
@
--........-
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/*Paid receipt from Finance Department for $250.00 Application Fee.
V · Paid receipt from Finance Department for Deposit, if applicable.
(Make checks payable to the "City of Cape Canaveral")
v' A listing of legal descriptions of all properties within a 500 ft radius of the
-
boundaries of the property contained in the request, together with the
names and mailing addresses (including zip codes) of all respective
property owners within the above referenced area. Include three (3)
complete sets of mailing labels of all property Owners within a 500 It
radius. (This can be obtained from the Tax Assessor's Office.) The list
shall be legible and the Source of the information submitted stated here:
This information was obtained from:/JA}.-l/A,{'A ('['U'fl-J,,,,. - -/
;t/"UJ.rJ/v,/t/tt <?-2t;J/..)iNo-
r.,/< A property map showing properties within the 500 ft radius, clearly
outlining the subject property. .- lUIT71 7/11-' 41761t-'LJ P~CK{;<F
'v/ The Location map showing adjacent properties uses, zoning, streets,
-
driveways, canals and utilities. ~- (J. , CJ(" /1.'1
f(O'( Co ? d,-,,'{) _.." ,. ,
/7. Where Property is not owned by the applicant, a Power of Attorney must be
attached giving the Notarized consent of the property owner to the applicant
to request the Special Exception. DrJ.v<:f
viI' 8. Copy of recorded deed to subject prop~rty.
. , .
"
/q Completed worksheet.
v ~.
110. If applicable, elevation drawing(s) or photograph(s) of proposed Structure(s)
are encouraged,
. NOTE: Application fee of $250.00 is non-refundable upon payment to the
City.
. NOTE: Any balance from required deposit will be returned to the
applicant upon written request minus ali associated costs.
6 (j)
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
WORKSHEET-ANSWERS
1) NO-Any M-I use would have had the need for lighting, storm water runoff,
utilities needs and traffic requirements. All lighting will be in compliance with
existing City ordinances and Homeland Security directives.
2) No--with our current utilization of the product the additional infra-structure heing
built will not create any new needs
3) Yes, according to the governing codes either by the City or the NACE.
4) Yes, as the ingress and egress to the site improvement area will be consistent with
the existing infra-structure.
5) Yes as there are no off-street parking issues and loading areas in this project.
6) Yes as the existing utilities will be sufficient to service the power and the water
protection system will modified to service the additional tanks.
7) Yes-on the east side of the property we will maintain a 10-20 ft tree buffer
between our projects footprint and the adjoining property. On the North side of
the property we will maintain a I 0-20 ft buffer as well.
8) Yes-lights will be in compliance with existing City ordinances and Homeland
Security directives.
9) Yes.
10) Yes as noted on the submitted plans.
11) The proposed use is compatible with the already existing use of the property.
12) Yes-the City's comprehensive plan is funneled through the existing land use
designations and Special Exceptions criteria.
13) Yes-This is an M-l zoning which allows for commercial entities.
14) Yes-through the plans submitted.
15) Not in my opinion.
16) It should run concurrently with the property.
0Y
June 9, 2006
NOTICE OF PUBLIC HEARING
TO THE ADJACENT PROPERTY OWNER(S}: FIUg I~
r:i~D
Special Exception Request No. 06-05 ' ILt iJ{ Y
Notice is hereby given by the City of Cape Canaveral, that Craig E. Smith representing Coastal Terminals
LLC, 8952 N, Atlantic Ave" Cape Canaveral, FL 32920 has requested a Special Exception To Allow
Stora e of Li uefied Petroleum Products in the M-1 Li ht Industrial and Research and
Development District. pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations,
Section 110-354(c)(6) for the property described as follows:
Legal Description: Township 24S, Range 37E, Sections 14 and 11,
Portions of Parcels 15 & 271
(8954 N. Atlantic Ave., Cape Canaveral, FL 32920)
In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will
be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted
above, The meeting will be held on Wednesday, July 12, 2006, at 7:30 P.M. in the City Hall Annex,
111 Polk Avenue, Cape Canaveral, Fl.
The Planning & Zoning Board is advisory in nature and will make a recommendation to the
Cape Canaveral Board of Adjustment with respect to the above-named property. The final
administrative approval or denial will come before the Board of Adjustment at a subsequent
scheduled meeting. Since your property may be located within 500-feet of this property
comments can be made in person or may be submitted in writing at the Planning and Zoning
Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920.
If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting,
that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law, Persons with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk's office (868-1221), 48 hours in advance of the meeting.
Susan Stills, CMC
City Clerk
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Brevard County Property Appraiser: Jim Ford BUFFER DlSTANCJI; 500 FEEl'
APPLICANT NAME(S)j ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS 1:6000 (one inch 500 feet)
SMITH, CRAIG !
This map was compiled from recorded documents and does not reflect LEGEND:
an actUlll survey. The BrMrd County Board of Commisswners, Notifir,ation buffer
OWNER NAME(S)jADDRESS: Property AppraISer. ami Ceogra.phif Infl1T'IT'.lJtum Serv,[,(;s do not assume ,
responsibillty for errors or ommissions r.tl1ltain~d hereon. PaiCelJlot buundaries
Produced by: Brevard County Planning & Zoning Office - G1S, March 28, 2D06 Numbers on map correspond to mailing list
1,6102 - SMlT500 IaliBOO-I.cmp
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'--'11 I VI' ,-,f\..L~ LA.l\lA. V ~KAL
SPECIAL EXCEPTION
WORKSHEET
The purpose of this worksheet are two-fold: (1) to assist the Planning and
Zoning Board and the Board of Adjustment in the evaluation of all
criteria relevant to the application; and (2) to educate the applicant as to
the criteria which must be addressed and satisfied prior to beginning the
special exception consideration process. If the applicant can not
satisfactorily address one or more of the following, this should serve as a
preliminary indication that the request for special exception may be
rejected or that the application may not be acceptable for processing.
CRITERIA (Building Official or Designee to Verify)
1) Does the Special Exception create any adverse impact to adjacent
property through the creation of noise, light, vibration, traffic, utility
requirements, or stormwater runoff that would not have been created
had the property been developed as a principle use in the applicable
zoning district.
The applicant is proposing to construct two 160' in diameter and 42feet
in height gasoline storage tanks. These tanks are proposed to be
constructed within 323' of the closest multifamily residential building.
It should be noted that there are existing storage tanks on the same
property as the area for proposed construction. However, the proposed
tanks require that 4.4 acres of trees and vegetation, which currently act
as a buffer between the residential and proposed development, be
removed for construction.
2) Will the Special Exception create any unusual police, fire or
emergency services?
Additional attention is being required by the fire department as a result
of constructing two gasoline storage tanks.
3) Will the Special Exception meet all the requirements of the zoning
district In which the request IS to be located, such as: lot
requirements, building setbacks requirements, lot coverage, height,
buffers, off-street parking, signs, storage, landscaping, etc.?
The proposed tanks have the potential to meet the requirements of the
M-1 Zoning District.
4) Is there adequate ingress and egress, with particular reference to auto
and pedestrian safety and convenience, traffic flow and control, and
emergency access in case of fire or medical emergency?
The submitted concept plan proposes to construct an access road
around the east and north perimeter of the subject site. Additional
@
'.HA_VIILIlLUUlue; e;fuergency venzCles.
5) Is there adequate off-street parking and loading areas available
without creating undue noise, glare, odor or other detrimental effects
upon adjoining property owners?
Adequate loading areas for additional storage tanks will need to be
evaluated further during the site plan review process. Noise, glare and
odor are comments received from the public and should also be
evaluated in depth during site plan.
6) Is there adequate and properly located utilities available or may be
reasonably provided to serve the proposed development (if applicable)?
There are a full set of utilities available to serve the subject property.
The proposed (Special Exception' does not require further development
of utilities and adheres to the capacity and service levels required by
Code.
7) Is there adequate screening and/ or buffering provided to protect and
provide compatibility to adjoining properties?
The (Special Exception J for the construction of two gasoline storage
tanks may require additional screening and/or buffering to protect and
provide compatibility to adjoining properties.
8) Are signs and exterior lighting, if any, designed and arranged so as to
promote traffic safety and to eliminate or minimize any undue glare,
incompatibility, and disharmony with adjoining properties?
With regard to signs and exterior lighting the (Special Exception' for the
construction of two gasoline storage tanks do not appear to worsen the
existing conditions or create disharmonies to adjoining property owners.
9) Is there adequate refuse and service areas?
There is adequate refuse capacity.
10) Do the setbacks, landscaping, and open space meet the
requirements of the zoning district?
As an M-] Industrial site, the project meets setbacks and open space
requirements.
11) Is the proposed use compatible with surrounding uses in its
function, its hours of operation, the p.fpe amount of traffic generated,
structure size and setbacks, its relationship to land values and any
other facts that may be used to measure or determine compatibility?
2
~
~ -- ............ ......., t..t-/L
-J -..~ 'L.....U.t <::;;'::>L l/LUlclfamUy residential building} which lies to the
east of the proposed development. It should be noted that there are
existing storage tanks on the same property as the area for proposed
construction. However} the proposed tanks require that 4.4 acres of
trees and vegetation} which currently act as a buffer between the
residential and proposed development} be removed for construction. If
adequate screening and buffering is achieved} than the visual impact to
the adjacent resident may be minimized.
12) Is the Special Exception consistent with the goals, objectives and
policies of the Comprehensive Plan?
The proposed development lies within the M-] Future Land Use.
Therefore} this 'Special Exception' request is consistent with the goals,
objectives and policies of the Comprehensive Plan.
13) Is the Special Exception consistent with the intent of the zoning
district with which the Special Exception is sought?
This special exception request can meet the requirements for the M-]
zoning district found in the land development code.
14) Has the petitioner met the mInImum requiremen ts for the
requested Special Exception and demonstrated entitlement to the
Special Exception which will not adversely affect the public interest?
To be recommended by the Planning and Zoning Board and determined
by the Board of Adjustment.
15) Should the Special Exception be gran ted with any noted
limitations, restrictions and/ or conditions?
To be recommended by the Planning and Zoning Board and determined
by the Board of Adjustment.
3
,
0)
L-"J.L.L.I.1.J.l.lH-' \J.l'.l'.l~lnL VK Ut,i::)lUl'J'/:!';'/:!'; KH;VIH;W
l. _ Zoning Amendment
2. - Variance Contiguous Zoning
3. X Special Exception North South East West
4. _ Administrative Appeal M-l M-l R-3 Cl; R-2
CONSIDERATIONS
SETBACKS: Yes MEETS CODE - CODE VIOLATION
(Describe)
COVERAGE: Yes MEETS CODE - CODE VIOLATION
(Describe)
LOT SIZE: Yes MEETS CODE - CODE VIOLATION
(Describe)
DENSITY: Yes MEETS CODE - CODE VIOLATION
(Describe)
HEIGHT: Yes MEETS CODE - CODE VIOLATION
(Describe)
ADDITIONAL REFERENCES
Code Sect.
Applicability
Yes No
PARKING 110-491 X
LOADING ZONE NA - X
SETBACKS (A lA Ridgewoodj Astronaut) NA - X
LANDSCAPING 110-566-567 X
NON-CONFORMITIES NA -
STRUCTURES NA
LAND USES NA -
The Planning & Zoning Board should also review Section 110-47
COMMENTS: No additional comments
4
@
--"-:;? ................
Signature:~~~---
5
@J
MEMORANDUM
TO: Ed Gardulski
Public Works Director
FROM: Jeff Ratliff
Stormwater Administrator
City of Cape Canaveral
868-1240
DATE: 06/29/06
RE: Coastal Fuels Cape Canaveral Terminal
Below is a summary of environmental conditions/cleanup efforts conducted at the
Coastal Fuels Cape Canaveral Terminal:
Historical Releases:
. The release of hydrocarbon compounds (gasoline compounds) was first
documented in 1988.
. Numerous subsequent hydrocarbon releases have been detected and documented.
Recent Investigations:
. A dissolved hydrocarbon plume (gasoline compounds) is present in the
groundwater beneath a majority of the site.
. The dissolved plume has migrated northward under George King Boulevard.
. The estimated area of groundwater impacts is 300,000 square feet.
. The estimated area of soil impacts is 15,000 square feet.
. No municipal or private potable wells are located within ~-mile of the sity.
Cleanup Activities:
. A Remedial Action Plan (RAP) to cleanup the soil and groundwater has been
approved by Brevard County.
. Pilot testing has been performed of an air-sparging/soil vapor extraction system.
. The facility is enrolled in the Pre-approved Advance Cleanup Program (PAC) _
public/private funds have been allocated to cleanup hydrocarbon contamination
beneath the site.
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-1.0-ug/l.
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-1.000 - "9/L FIGURE 7
,? fR:rr PRoI~H)CT BENZENE CONTOUR MAP
"" ;~OT Dtrttlm AeOVE LABOAATORY ocn:Cl1~ WIT CAPE CANAVERAl TERMiNAl
~lf5 COLt fCTED tl'/cni COASTAl FUELS MARKETING. INC.
<AANSUOHTNGNE PRODUCT SElMCES INC. "''''-=J'!W1'"llCll' l.'":~
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MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: June 1,2006
RE. CUIjLal Fuel 8pt:l;ial E.AXt:pLiull 06-05
Additional Storage Tanks
The Public Works Department has reviewed the submittal of the site plan review
for the above referenced project. The only concern is the buffer area between the tank
area and the neighboring residential areas may be too small. More so, would like to see
more landscaping. Understand that utility worker such as Public Works may agree that
tank are pretty, but residents may not agree with us. Recommend relocating the tanks to a
north south configuration to allow a wider buffer area to the east.
@
Sent: Tuesday, June 13, 2006 10:28 AM
To: Todd Peetz
Subject: Re: Special Exception 06-05
We have reviewed the special exception and have the following comments:
1. Do to the proximity of the tanks to the surrounding properties; the fire department is requiring a hazard
analysis done by our fire protection engineer. Any recommendations made shall be reviewed by the fire
department and may become mandatory to comply with prior to site plan approval.
7/5/2006 C0
MEMORANDUM
TO: Todd Morley,
Building Official
FROM: Todd Peetz
City Planner
DATE: June 30, 2006
RE: Special Exception for Petroleum Storage 06-05
I have reviewed the submittal of the special exception review for the above referenced
project. My commentsiconcems are addressed in the special exception worksheet
attached to this item.
If you have any questions, please feel free to contact me at 407-629-8880.
@
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.June 7,2006
NOTICE OF PUBUC HEARiNG
A.DJACENT PROPERTY OWNER(S);
Special Exception Request No. 06-05
Notice is hereby given by the City of Cape Canaverat, that Craig E. Smith representing Coastal Terminals
[[C;-8952N:"'AtlanticAVe~;'capeCi:in~ivefarF["32920'hasUrequestecra'SpecTar'&cepfionTo'--AUOW'
Storae of U uefied Petroleum Products in the M-1 U ot fndustriafand Research and
Development District pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations,
Section 1-10-354(c)(6) for the property described as follows:
Legal Description: Township 24S, Range 37E, Sections 14 and 11,
Portions of Parcets 15 & 271
(8954 N. Atlantic Ave., Cape Canaveral, FL 32920)
In accordance with the City Code of Ordinance No. 18-2002, this fetter shall serve as notice that there will
be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted
above. The meeting will be held on Wednesday, July 12, 2006, at 7:30 P.M. in the City Hall Annex,
111 Polk Avenue, Cape Canaveral, FL
The Planning & Zoning Board is advisory in nature and wHf make a recommendation to the
Cape Canaveral Board of Adjustment with respect to the above-named property. The final
administrative approval or denial will come before the Board of Adjustment at a subsequent
scheduled meeting. Since your property may be located within 500-feet of this property
comments can be made in person or may be submitted in writing at the Planning and Zoning
Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920.
rf a person GecrGes to appeal any decision made by the Pfanning and Zoning Board with respect to any matter CDnsidered at tIlts meeting,
that person will need a record of tile PITY'..-ee(}ings, and for such purpose thai person may need to ensure that a veIbatim record of the
{1frx;eedirlfJs.fsmade.viliJk:fuecord includes the testiIIrcJnll andeviderlce u.oon which the appeaUsto be OOsed..This f1Diice does not
constitute consent by the City for the introduction or admission into evidence- of athe/wise inadmissible or irrelevant evidence" nor does it
Cluttwrize challenges or appeals nolotheIWise allowed by law. Persons with dfs--c:bifi/ies .~. . in any of these
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Idephooe: (321) 868-1220 . SUNCOr-A: 982-1220 . FAX: (321) 868-1248
Ww\v.myflorida.com/cape .. e-mail; ccapecanavera]@cfLrr.com ~
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... A day after an
ExplorerPipeIine tank
... catches fire, officials
) praise the work done to
contain the blaze.
By MICHAEL 8Mr'H
World Staff Writer
GLENPObL - Explorer Pipe-.
line resumed normal operations
Tuesday at its, Glenpool tank
farm wqUe also initiating a
lengthy cleanupefforta' day after
the community wasJocked by a
gasoline. tank flre started bya
lightning boll .
. . Many residents of souther~
Tulsa County on Monday morn-
ingviewed fireballs and a mas-
sive . plume of black smoke just
east of U.S. 75 while driving to
work, and saw the same on their
way back home.
eet to But the only residual evidence
dsof of the inferno to be seen on
liams Tuesday was deep_ within the
1 July large site's acreage: a ma'ssive
moat of firefighting goop.
,larg- It consisted of foam powder
oma," and water that had blanketed ilie
crippled tank the night before,
lIT A-4 smothering the fire.
That concoction, pooled in a
- dike built for just such an emer- I
gencYi was being sucked into
eight large tank contaioers on
Tuesday for storage.
Th. charred remaIns of a lahk that contaIned more than 5 million gallons of 87-octane unleaded gesDllna are vlslbla from The product will remain at the
r the air on Tuesday. Explorer PIpeline lost more than 800,000 gallons of fuel efter the tank caught lIra and burned all day on SEE TANK A-4
Mon.day.
Built like a tank
The tank that caught fire Monday morning was Berms: The tank is sur.
engineered for safety. From earthen berms to rounded by berms about 8
secondary ceilings, the tank was meant to be to 10 feet tall. In case of a Vapor lock: Below the cone.shaped steel
fire resistant. spill, the hermscan hold roof lies an aluminum pan, edged with a rub- Tough skin:
230,000 barrels.IOS,OOO ber~ike material meant to prevent the The tank's
The tank: 48 ft. tan, 140 ft diameter more than the tank's work- ~ escape of flammable gases. outer wall is
rs for I I Material: Steel construction, secondary vapor Ing capacity. made of steel,
judge sea; made 'of aluminum which lessens
led of CapaCity: Built to hold 125,000 barrels - or in thickness
troom more than 5 million gallons - of 87-octane as it nears
I gasoline. This is the tank's working capad!'j. the top.
Roof: The tank had a cone roof design, which
means its primary roof was steel, angled to -"'-~
allow vapors to escape, A second roof, or seal,
rested directly on the gasoline to limit the @
amount of vapor escape.
I
~ LAKE ~'ry r"u:r'l I' .f'
-' - '-........ : ~
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Ron Johnson L~uilding Off. v'
I Finance Dir,
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8911 Lake DriveA-504 J
Cape Canaveral
Florida 32920
Telephone: 321.783.9595
Cellular: 218.3933734
Minnesota: 218.721.3734
~
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City Councii Jj1
City 1""~-EJ4
<;~AJty. ! ___.~
City of Cape Canaveral U'~I.. '''r.:", '-,' i 1
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Planning and Zoning Board t#'~'-~:;;-:~-~-J
105 Polk Ave I ~G ------t7t
. , ---'
Cape Canaveral, FL 32920
Reference: Special Exception Request 06-05,your letter dated 6-07-2006
To whom it may concern:
This letter is to inform you that we are opposed to granting special exception
to allow storage of liquefied petroleum products in the M _ I light industrial
and research and development district at 8954 N Atlantic Ave. Cape
Canaveral, FL.
We are owners ofa condo at 8891 Lake Drive unit 506.
In our opinion when the city of Cape Canaveral issued building pennits for
this area, it determined that the best interest for the city and residents in the
area would be a residential area.
The area has now been developed with several large construction projects.
Now Craig A Smith representing Coastal Terminals wants a special
excevtion. NO NO NO.
J.
1 the tm;vn has by issuing several large constructionlbuilding pennits
allowed this area to become residential
2 this exception 'vvil1lower property values
3 soil contamination may become a problem
4 air contamination is already a problem
5 fire, with this storage area so close to severallarge resorts/building would
certainly be a safety issue.
Mr. Smith and Coastal Tenninals should look for another parcel in the port
area for expansion.
Sincerely ') . (l -/-: ~/~&/o~
./ 7 (>!~
Linda and Dennis Dexter ~~ &A~b
8891 Lake Drive # 506
Cape Canaveral, FL32920
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From: RRGJohnson@aol.com .. . ..-.... ". .......-........ b~:0L.u~~;i~i+~-1.
leit'i !v1p. /
Sent: Monday. July 03, 2006 7:09 PM L Cit, Attv. L
;p;:;b\j.i-::.~;... !) i r ;=t
}' ., ,>. .." ..
To: haas-cape@cfl.rr.com '1!~~i!dln;'{ o~ I
Subject: fuel tanks Finance Oir. i I
1 f<>J- ~ :
Hi, My name is Ron Johnson and I live at Solana Lake, just 100 feet from the proposed fuel tanks. I cannot
imagine putting those tanks at that location. Just for the safety factor. The value of the property would drop. It
is such a beautiful location now but with the tanks it would decrease the value of all real estate in the area. The
port is large enough to build the tanks in another location. not closer to the ocean.
Ron Johnson
/'"'\
7/5/2006 ~
. ..,-.......,.'-....'.1 j
.. ..... m ",.... ,.,.... " _._[Ba~~c::'- - - "::=ft] . '. __.
C:,/ Coune!; /
From: John Mary [wexford17@bellsouth.netl ~ ::~~~-:-._--t--:!.. .
?- L,':1 ":~.. ---1-LJ
Sent: Monday, July 03, 2006 9:28 PM ~~~:',"~-i
I PUiJ. '....V(ji':-:s Un.
~-------r I
To: haas-cape@cfl.rr.com I BUi!ch" C"f( '71
/-",--.:' " ~" +--
I Frjl,~nCe DiL f
Subject: Gasoline Tanks rf~z~-;.cJi v' j
J would like to make it known to the City of Cape Canaveral that I strongly object to ihe placing of Gasoline tanks
beside our home at Solana lakes.
We purchased this property knowing it was going to be a safe haven not being in close proximity to any hazard of
any kind.lfwe had known that this possibility existed we would not have invested our life-savings in this area.
I am only too happy to suppor! the protest to this plan for this area and will attend any meeting to make sure my
voice is heard.
I will be making sure to inform as many people as possible and will make every attempt to contact all city,county
and state officials to guarantee the safety,security and environmental protection of our chosen home.
This J believe is the promise made by the City of Cape Canaveral to all irs citizens and we ask only to be treated
according to that promise.
Sincerely,
John J.Nolan,
8961, Lake DR. # 303,
Cape Canaveral, Fl 32920
7/51200fi r~
~
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From: Bob & Marie Margadonna [gator33@cfl.rr.comj -e":~~~ ~l -
Sent: Monday, July 03, 2006 11 :57 PM J -en . "...., U'[ I;!
b:j-ii J i"~' 3Tt--- j
To: haas-cape@cfl.rr.com ~;i~D~I-l
'--:;;--~/7
Subject: Oil Tanks L -I- L..4- -1
As a resident of Solana Lakes, I would like to let you know that I am OPposed to the building of 2 additional
tanks right in my back yard. The safety factor is my main concem along with the iowering of property values
to our condominium community. The addition of these 2 tanks definitely goes against the Mission Statement
of Cape Canaveral.
I hope that our voices will be heard against the powers of the oil company.
Marie Margadonna
8941 Lake Dr. #301
Cape Canaveral
7/5/2006 0Y
---.---. hi~~~~t)Ur'Eif'+~
From: mary ann Brokus [mabrokus@webtv.netl F~ tf iXii-;:---- ~
Sent: Tuesday, July 04,20063:35 AM ICj!y,,,,(~
ff~~~ij
To: haas-cape@cfl.rr.com
~l.~{1ce Oil. , 1
~----~-----+--
Subject: Coastal Terminals Meeting July 12,2006 L v C &t,f !.,/ -1
To: The Planning & Zoning Board
My husband & I live in Solana Lake Condominiums. We have lived here five years and one of
the reasons for buying was because of the beautiful area and surrounding woods. Coastal
lermina/s is requesting a special exception to aI/ow storage of liquefied petroleum products in
1';1-1 light industrial & research district. This is a residential area and I do not believe that oil
tanks contribute any beauty. safety or welfare to OUr community. The law al/ows fireworks
sales facilities but not within lOOO feet of another property yet gas tanks can be put 25 feet
"from another property. This is very ironic.
, do strongly ask that you oppose this special exception for Coastal Tanks. Thank you for
your consideration.
Sincerely,
Mary Ann & Joe Brokus
.~
7/5/2006 @0.
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'i '" ~
' "-' y '. . ~.
I...IQV\:: LlUeral lllttera/@cfl.rr.com] J-'--~__,-__
i M. '^.o.,,, Di,. -
Sent: Tuesday, July 04, 2006 5:42 PM g~~ ~i~' ,~
To: haas-cape@cfl.rr.com
Subject: Oppisition to Special Exception 06-05 [?O;....Z-~J I .zj
As a resident of Solana Lake, r am absolutely opposed to granting Coastal Terminals
Special Exception to build any LP storage tanks beyond their current installations. As
is, they are polluting the ground waters and the air of Cape Canaveral. Any expansion
will not only further exacerbate those problems, but also, and more importantly,
significantly endanger the lives, well being, and property values of the residents of
Solana Lake. Since the City has decided to zone this area as residential, even though it
is abutted to an Ml zone with Special Exception to store LP products, the city is liable
for any damages caused by oil tank accidents. Allowing Coastal to build even nearer to
our property only increases the City's liability. Reasonable people would not only deny
the Special Exception 06-05, but also subject Coastal Terminals to a 1000 foot setback
from residential property for any further expansion.
David And Margaret Litteral
8921 Lake Dr #303
Cape Canaveral, FL 32920.
1
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y.. ~lIl1cUI ...... ..... "&~~~~~i~?3"
From: Gene & Gail Duncan [gduncan@jenacom.coml L: :,\1 . r'U-CI t./,
Sent: Wednesday, July 05, 2006 12:16 AM i ci;~ ~~N7J
ts~~~~:;t~:,' './ I
" , . 1-
To: haas-cape@cfl.rr.com t Put:, \"'/(;...~i::5 ~
Subject: Special Exception Request No. 06-05 g'~~--ofr, Ld
, i il1c.fil...e Oli. I .[
tl+-Z67;rt/j
To the Planning and Zoning Board:
We recently received notice of a Special Exception Request by Coastal Terminals LLC to allow two additional
storage tanks of gasoline products to their property which is bordered by Solana Lake Condominiums (where we
. live) and Cape Caribe Resort. We were shocked to see just how close these tanks would be to our residential
neighborhood; indeed, one of the tanks would be only 100' from our fence line and less than 400' from buildings
where families live. We have major concerns regarding security and safety along with environmental and
aesthetic concerns.
This is a beautiful, quiet neighborhood. At present there is a large buffer between the present gas tanks and our
residential property. We understand that the last tank was installed in 1991 before this area was built up. Huge
industrial tanks are no longer compatible with the tremendous growth of residential and resort properties here.
Instead of the buffer of trees, if approved, the buffer of trees we have now would be gone. Instead, we would see
huge 4 story tanks, dirt, and a barbed wire fence. This will surely bring down our property values.
We are also concerned about evacuation if there is a tank fire or security breach. There is Solana Lake, Solana
Shores, Shorewood, The Villages of Seaport, Oak Park and others that could be adversely affected.
Please, do not approve this Special Exception. It would be a step backward for our lovely community of Cape
Canaveral.
Mr. & Mrs. Eugene H. Duncan
8911 Lake Drive #203
Cape Canaveral, FL 32920
784-7996
rlDl
~
7/5/2006
From: Jan Petersen fjpetersen2@cfl.rr.com] P:,?;:,~,~~ ~
Sent: Wednesday, July 05, 20064:36 AM L_:~::.'~.':~",:o"'_'::r' ~
To: haas-cape@cfI.rr.com f"c'L"':-."~t~
Subject: Solana Lake H~:? :~,,)_!~;1C;l i . ;/1
1 ':-.:'~~l 1 q;=:. . ,__
~ I'
i Cit'! i'.~t';l. ! ./ .
I!)~;. \(~;Z:j'KS Dj~-J
I am an owner /res i d en t in Solana Lake. []; ,dd ,;-; 0"..14
! j':nance Dli.
PLEASE put our safety, quality of life, and property values first. r-'P':;::Z-{.1.<.L\t:7'1
The installation of the proposed tanks would ruin the value of our property and make our
units virtually unmarketable.
Thank your help.
Jan Petersen
Jan Petersen
Realtor Associate
Luxury Real Estate Florida, Inc.
625 Brevard Ave., Cocoa, FL 32922
Cell 321-684-1494
Office 321-639-7474 Fax 321-633-6652
1
@
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From: JoyceGresham@aol.com P:~T':;~~
Sent: Wednesday, July 05,200612:57 AM J l_:r..... ',-,f)lLiCi! /
To: haas-ca pe@cfl.rr.com r!;~, I~l~;:---t I ,
.1 J" r'.'" I'~I
~,~'''.-7f ,,'~:-:' . 1 -
Subject: Coastal Terminals, LLC Special Exception Request No. 06-05 I j'UJ). \..il....f'S Dlr'l
rei;",,,,, 0". i~
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To: Cape Canaveral Planning & Zoning Board 'L..,,- I, I
[Je';-7:7s;2J ,
Dear Board Members:
We are writing to request that the Board advise NO on the Special Exception Request No. 06-05 for Coastal
Terminals LLC, located at 8952 N. Atlantic Ave., Cape Canaveral, FL.
We are year round OWners and residents at Solana Lake Condominiums and have grave concerns about this
request, as do many residents in this area. Primary in these concerns is the fact that we live less than 400' from
the prospective very large tanks they want to construct We believe that we will be in a very dangerous situation
should a fuel fire occur, or tanks explode, by any means, to include terrorists. There appears to be no way to
escape should this occur. Almost 5 years after 9/11, Coastal Fuel Terminals DOES NOT HAVE SECURITY
CAMERAS in place (even 7 - 11 type stores have cameras).
We are very concerned about OUr personal safety; property devaluation; destruction of current views; hazardous
materials; environmental threats, to include further ground water contamination; air pol/ution; noise pol/ution;
removal of green wooded buffers, displacing native birds and Wildlife; more truck/carrier traffic, causing more
vibration, bright lights; and constant wear and tear on existing local roadways and heavier traffic on George King
Blvd.
Coastal Fuels, LlC, is not condUcive to the DENSE POPULATION now in this area, nor to Jetty Park. Ron Jon's
Cape Caribe Resorts, profeSSional offices, Seafare~s Ministry, restaurants, bank, etc. What's wrong with this
picture? It will be more of a blight to the community and Cape Canaveral.
Residents in Cape Canaveral have a right to expect a safe, clean environment and protection by police and fire
department(s) from hazardous materials and threats.
Thank you for your serious consideration in these issues.
Sincerely, Concerned Homeowners, Citizens and Constituents
Joyce and Jerry Gresham
Solana Lake
8931 Lake Dr. Unit #306
Cape Canaveral, FL 32920-4287
32-868-0210
7/5/2006 @
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r-=:~.-::-:~'::;'~
U,'-,,;;".Jr ....... .. r 41
From: Laura G. McMillan [/aurabeth@lucidthinker.comJ .'...---.-.-...j...
~ry CCU:icif ~
Sent: Tuesday, July 04, 2006 9:08 PM ~'~I,~'~
To: haas-cape@cfl.rr.com ~;j': ,:\;;~y: ~. I ..~
Subject: Special Exception Request 06-05 by Coastal Fuels, LLC l-=-~h ,Vc.,;,.U1L' r1
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I ~.. 'ne 0" I
Importance: High f! :Lla, e JI, l
fP;;rz.'l.J - I Zj
Subject: Special Exception Request 06-05 by Coastal Fuels, LLC We the undersigned,
residents and owners of BUildings 8921 Lake Drive (Unit 202) and 8891 Lake Drive (Unit
406) , Solana Lake Condominiums, strongly object to any special exceptions to zoning
regulations to allow the storage of LP products on the property referenced in the subject
request. We believe that any such exception or waiver to existing zoning regulations
further endangers our lives and well-being, threatens our quality of life, air, and water,
and negatively impacts our property values. We ask the Planning and Zoning Board to
recommend against the Exception Request and urge the Board of Adjustment to rule in our
favor.
Thank you for your time and consideration.
Laura G. McMillan, C.P.M. -and-
Robert W. McMillan IV
8891 Lake Drive, Unit 406
Cape Canaveral, FL 32920
laurabeth@lucidthinker.com
321-799-0896 Home
321-302-0732 Cell
1 @
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From: Away With Words [away1@cfl.rr.com] tf~~ ;":tv."" r'r ! J,!
Sent: Tuesday, July 04, 2006 11 :18 PM ~~>J: ,""J"'~,u!.'1 /1
~0.'.J!~C:Jng l./d. l--Y- I
To: haas-cape@cfl.rr.com ; ~l,)nce DiL '
"-+ --L-~ ,-
Subject: Not an industrial park '
! am writing to express my overwhelming concern for Coastal Fuel's pian to add new tanks to their existing tank
farm in Cape Canaveral. I moved to Cape Canaveral on June 2, 2006 and am now a resident of Solana Lake.
When we moved from our home in PA, we were expecting to live in a new community of upscale condominiums
and town houses. The beauty and serenity of Solana Lake is equivalent to any five star resort. This atmosphere
will be destroyed by the addition of larger, more dangerous tanks. With our home purchase, we bought into the
idea that Cape Canaveral was being transformed. We bought into a fie if you allow Coastal Fuel to put this
disaster waiting to happen in our back yard. We are committed to exhausted ALL legal means to prevent this
from happening. Our meager savings after years of hard work are fully invested in this Cape Canaveral dream.
Coastal Fuel has enough resources to invest elsewhere-in a place far away from people's homes. Whose side
are you on? The side of everyday, hardworking people or the side of a big oil company? Voters will observe who
is on who's side in the near future.
Thank you,
Katherine Mancuso
8891 Lake Drive # 202
Cape Canaveral
/~
7/5/2006 (gj)
v IO!:::J - oLfZ-
~----- .
v;rginiah ...... M M. -... i~~~~~~~~~~~ .. ...
From: RChris1932@aoLcom 1";1" "\[tv / i
Sent: Tuesday, July 04, 2006 7:59 PM f-':'~:,,': - I-""'-i
'''''I) '-"0',.' D'r I
' '.... . ~, " ...J I.
r8!~jiUjng Off.
To: haas-cape@cfl.rr.com rF;~-~"~:ice Oir.
Subject: Gasoline Tanks [i3-1-'Z..
As owner/resident of Solana Lake Condominium, we are aghast at the thought of having two
42 foot high (4 stories), tanks containing 6.3 million gallons of gasoline each, just 100'from
our fence line and less than 400 feet from the buildings where we live. This not only could
lower our property values, but mainly it is a safety factor - with terrorist activity at a high
point, it is not just a fantasy.
The tank farm was first implemented about 50 years ago, before the tremendous growth of
residential homes and condominiums here. We feel that the larger tanks would no longer be
compatible to the neighborhood and constitutes a danger as well as a blight to al/ of us who
live here. Firework sales must be located 1000 feet from residential neighborhoods, yet
these gasoline tanks will be much closer to densely populated neighborhoods. Seeing
huge, white tanks and chain link fencing with barbed wire does not coincide with the City of
Cape Canaveral's Mission Statement. The City's mission statement says "Welcome to the
City of Cape Canaveral: A safe, clean, residential beach-side community with tree-lined
streets. It doesn't mention gigantic gasoline tanks within 100 feet of residences filled with
families.
Sincerely, Mildred and Robert Christian
8100 Lake Drive #406
Cape Canaveral, FL 32920 (321-868-3019)
7/5/2006 @
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From: June & Erve Easton [J.E7Easton@AtlanticBB.Net] }-fit'i Atty. _"-_
J Pub. \!vo,-ks Dir.
Sent: Wednesday, July OS, 2006 8:52 AM t-----==-.-.
LJi~Jldlflg Off, '~I
To: haas-cape@cfl.rr.com Finance Die.
.L -+- Z {t,.<<. ... 2J.
Subject: Oil Tanks! Solana Lake
This email is for the Cily Clerk for the Planning & Zoning Board of Cape Canaveral. We are Mr. & Mrs. Easton,
Solana Lake owners, F205 Unit and we plan to retire there in the future.
We are absolutely irate with even the thought of having two 42 foot high tanks of 6.3 million gallons of gasoline
each. How absurd that firework sales must be located 1000 feet from residential neighborhoods and yet these
gasoline tanks will be much closer to densely populated neighborhoods. Since 9-11 and the high risk of securily,
we absolutely DO NOT want this to go through and how horrible to have these tanks so close to our highly
populated neighborhood. We no way would want to see huge, white tanks and chain link fencing along with
barbed wire. How unsightly for a retirement home and it takes away from feeling safe andsecure in our later
years of retirement. My understanding was that the City's mission statement states 'Welcome to the Cily of Cape
Canaveral: A safe, clean, residential beach-side community with tree-lined streets".
That's an inviting mission statement. But anyone who sees these tanks, including us,
would certainly think twice before purchasing a retirement home in the area. These tanks would ALSO
DEFINITEL Y LOWER OUR PROPERTY VALUE. WE ARE DEFINITEL Y AGAINST PUTTING IN THESE OIL
TANKS. Mr. and Mrs. Ervin Easton
A
7/5/2006 &Y
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Request for SPECIAL EXCEPTIONtoMl Zoning .....--....:.:.~--:: ~~~ -1
OPPOSITION TO: 1i3' ',.,;, 1-61
' l;' I ~ 1{::', .
c' '.. l
for Tank Farm expansion by Coastal Fuel. ::-_:~y f~\ t~~~-::::-:-+-_ I
I P,.h V\..,.,.,., Di' I 1
t3.~';'I~i;r,:.1 ~~~ft" ";.y" f
-:.:'.'.....1.1.., ''''''''
j Finance Dir.
The proposal calls for two new fuel tanks of 6 million plus gallons capacitJf!:~. '2- I?~C
each, on property that is zoned 1\111. The new tanks would be located within
a few hundred feet of a large 200 family Condominium Complex and other
large size recreational and residential properties.
It would have a dramatic adverse impact by creating a constantly present
fear of living next to a gasoline time bomb of 6 million gallons. Just picture
yourself and your family being forced into this kind of constantly
threatening situation. Imagine how you would personally feel about that.
The loss of the two New York Trade Center Towers, and over 3000 lives,
was caused by just the amount of fuel contained in.two airplanes.
The construction of the two tanks in the MI zoned property, if allowed by
Special Exception, would create an incompatible and unacceptable situation
within the neighboring residential area.
An existing and for many years accepted Buffer zone towards the old tank
fann would be totally eliminated.
We urge the Zoning and Planning Committee not to grant Coastal Fuels
request for a Special Exception from the existing MI Zoning.
Respectfully submitted by: Wemer Grewe, Solana Lake, Cape Canaveral
783-5245
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June 23, 2006 ;f~~=~=--i-"~_i
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Subject: Special Exception Request 06-05 Cr :.,;cZ; '::;;--;-'1
[)?i~i-i1.zrT-y~
We the undersigned, residence of Building 8911 Lake Dr, Solana Lake Condominiums,
strongly object to any special exceptions to zoning regulations to allow the storage of
Liquid Petroleum products on the properry referenced in the subject request. We think
that any such exception or wavier to existing zoning regulations further endangers our
lives and well being, !breatens our quality oflife and negatively impacts our property
values. We ask the Planning and Zoning Board to recommend against the Exception
Request and urge the Board of Adjustment to rule in our favor.
~/9 n /]a me '?/- if> I- )Je::; /ll~
Residents Residents
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June 23,2006 . Cit~ ,4. ,'t'y. lJ f
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Subject: Special Exception Request 06-05 ~'.Jilc1if)g ?ii.-tLj'
aFlni1:'lCe [J/f. :
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We the undersigned, residence of Building 8911 Lake Dr, Solana Lake Condominiums,
strongly object to any special exceptions to zoning regulations to allow the storage of
Liquid Petroleum products on the property referenced in the subject request. \Ve thin]c
that any such exception or wavier to existing zoning regulations further endangers our
lives and well being, threatens our quality oflife and negatively impacts our property
values. We ask the Planning and Zoning Board to recommend against the Exception
Request and urge the Board of Adjustment to rule in our favor.
S-cq;n '-prinT
Residents Residents
Name Unit # Name Unit #
~Tr ~ ' <-I: kk0~ lit j-{) I .lJ#1\.f L r::E/~(;~ l/t% i
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June 23, 2006 r]~~:~ :,'.:S~____J
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Subject: Special Exception Request 06-05-;2.00 b r--r.T'-L-,,-,~i
: L:!:: i....,o"& I VJ
'-- _....!..L___
We the undersigned, residence of BuHding 8941 Lake Dr,
Solana Lake Condominiums, strongly object to any special
exceptions to zoning regulations to allow the storage of LP
products on the property referenced in the subject request.
We think that any such exception or wavier to existing zoning
regulations further endangers our lives and well being,
threatens our quality of life and negatively impacts our
property values. We ask the Planning and Zoning Board to
recommend against the Exception Request and urge the Board
of Adjustment to rule in our favor.
Residents Residents
I
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J 23 2006 t:~j;, :,,'7;r. -~1-1
une , F<~;-~-':~:'c:;~g_::_t~J
Subject: Special Exception Request 06-05 f~"21"iF"ct v' i
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We the undersigned, residence of Building 8921 Lake Dr, Solana Lake Condominiums, __<_
strongly object to any special exceptions to zoning regulations to allow the storage ofLP
products on the property referenced in the subject request We think that any such
exception or wavier to existing zoning regulations further endangers our lives and well
being, threatens our quality of life and negatively impacts our property values. We ask
the Planning and Zoning Board to recommend against the Exception Request and urge
the Board of Adjustment to rule in our favor.
Residents Residents
l\faQle ~ r\ Unit # Name Unit #
bhAKcY ~~I\~ 15303
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JUL Y 3, 2006 r."c::::-'~-l J-l
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Cape Canaveral City Han Annex ~~1;~;~~:fi'll
111 Polk Avenue
Cape Canaveral, FL. 32920 ~-i--,r.~ci--Tl .l
RE: OPERATION: REQUEST FOR EXCEPTION TO Ml ZONING FOR TANK
FARM EXPANTION BY COASTAL TERMINALS FUEL
Dear Sir:
I live in Cape Canaveral off Shore wood Dr., near the port in some new Condos
called Solana on The Lake. In the back of our building on the corner of George
King Blvd. & N. Atlantic is a business with storage tanks for oil & other fuels. These
tanks have been there since1953 but then it had two less tanks. We are not sure
when the two tanks were added. We feel the City should never have approved of a
community like ours to be built so close to this pollution and dangerous facility.
This community has eight condos, a group of eight Condos called Shore wood,
group of condos called Solana Shores, and then Ron Jon's development of two very
large buildings of Time-Shares, around this very dangerous area. If BinLaden
decided to drop a bomb there and these tanks exploded it would kill us all.
Now the owner has put a proposal in to add two more 150,000 thousand-gallon
tanks, four stories high, for gasoline which are twice as large as the tanks that are
already there. Needless to say we do not approve of this addition as we feel the
entire business should be removed from this area over to the area across the river
where the army already has protection 24 hours a day.
We would like to know if you could give us some support to prevent these tanks
from being installed and have the entire business moved. There will be a meeting in
regards to this at Cape Canaveral City Hall Annex, 11lPolk Avenue on July 12, at
7:30 Pl\.f. Written comments may be mailed ahead of time to: Post Office Box 326,
Cape Canaveral, Fl. 32920. Any help or support you can give us in regards to this
matter would be greatly appreciated.
Vt;ry tr~ly Yours, ~ ~7 _
~~" ~--L/ ~&/i.k~A--e~
CaroIyn~ g Dur .. achter
8941 Lake Drive #206
Cape Canaveral, FL. 32920
tp
virginiah 01 0 ~ - ,;:),:;;1...
From: Brenda Gaw [bgaw@eharter.netl ~J]~~1~
Sent: Wednesday, July 05, 2006 9:36 AM
To: haas-cape@efl.rLeorn
Subject: Oppose # 06-05 ~;,;:,~;~;:)'t/-i
r-.,-----3~----!Jl
'wA.Je OPPOSE speciai exception request No. 06-05. LJ",,-, ~-L.,:,::-'~_;_L__j
Gasoline tanks are NO longer compatible to the neighborhoods in Cape
Canaveral.
We ask you to respect our request to DENY No. 06-05. Help to protect the
safety of ALL the families in the Cape Canaveral neighborhoods, protect our
property values, and clean environment.
Thank you!
Jerry and Brenda Gaw (Property Owners)
8951 Lake Drive E 502
Cape Canaveral, FL
931-260-6316
931-260-6123
bgaw@charter.net
7/5/2006 @
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virginiah ~~~~~:!~tj
w_._ . n....._. _. '-"'" . _'_'_'_,_, _.. ""'_'__""''''_~'' ". ._'.._ "... _ ". ..... .. .___"'._..._._....
From: Bob & Marie Margadonna [gator33@cfl.rr.comJ
Sent: Wednesday, July 05,20069:13 AM c>.. ,"",. "r I 1
; . ,. ,'J::....-.
P,~~;,:'~1~;-~_ if !
To: virginiah
Subject: Oil Tanks rt"-:z.:.-~;;-:-:::rl 1:Ll
LE::.:::___ "_
As a resident of Solana Lakes, , would like to let you know that I am opposed to the building of 2 additional
tanks right in my back yard. The safety and evironmental factors are my main concem along with the lowering 01
property values to our condominium community. The addition of these 2 tanks definitely goes against the Mission
Statement
of Cape Canaveral.
I hope that our voices will be heard against the powers of the oil company.
Robert Margadonna
8941 Lake Dr. #301
Cape Canaveral, FL 32920
~
7/5/2006 ~
vlrginiah
07(.)";-- o:;t.j
From: Len Consalvo [lenconsalvo@msn_comJ . , 8iSTB.JLL.~TiO~
Sent: Wednesday, July 05, 2006 10:01 AM !>'\2'(or _~ ~
C;ty Courfcd ~1
-:-- ;1
To: haas-cape@cfl.rr.com c:t'y' .\1.gr, i ..,/ I
Subject: Opposed to expansion of petroleum tank farm in Cape Canaveral City /\11'1,__ i ~1
) 1_ \" _' _ r- - .
/":u,. ""-'0,.(-. u'r!
. .~.. ....... '.
fi'lf::iirJ()0~rJ1
~'~~~f-----l
To: Cape Canaveral Planning and Zoning Board rF%,n~ D~__ :-f
From: Frank Leonard Consalvo, 8961 Lake Dr'l #2021 Solana Lake, Cape Canaveral [8.- 7- ;j!Zd T ,/;
Subject: Opposed to expansion of petroleum tank farm in Cape Canaveral
I am opposed to the expansion of the petroleum tank farm as I feel it is not compatible with the
surrounding residential homes. The existing facility has negatively impacted the residences in my
community of Solana Lake. Additional tanks located ever closer to the residences will have an ever
larger negative impact.
There is the obvious safety concern of having such highly inflammable materials stored so close to
such a large number of residences.
The existing facilities produce an obnoxious petroleum odor. This is very noticeable when the wind
is from the west or northwest or in calm air such as in the evening when people gather on their
balconies. Additional storage tanks, especially being closer to the residences, will omit more odorsl
and the smell will be more nauseating.
The four story high tanks located so close to Solana Lake property will visually overwhelm the
residential and tropical beach atmosphere that made purchasing a home in Cape Canaveral so
appealing.
Because of these and other negative impacts to the communitYI I urge you to reject the expansion
of the petroleum tank farm.
Thank you for your consideration,
Frank Leonard Consalvo
8961 lake Drive, #202
Solana Lake Condominiums
~/~/I""\^^, @
vlrgmrah
..... .. .._.........;>~. , ..y
From: Ron Minter [rminter1@cfJ.rr.com] .07 Q 2-__~)-,
Sent: Wednesday, July 05,200611:13 AM
To: haas-cape@cfJ.rr.com
Subject: URGENT - Opposition to Special Exception Request No. 06-05
Importance: High
f-fT----.-~~h17,
TO: The Planning and Zoning Board of the City of Cape Canaveral llih_ . ____'--I
We are writing as concerned citizens to oppose the Special Exception Request No. 06-05
which would allow Coastal Terminals LLC to install two additional petroleum storage tanks in
the Township 24S, Range 37E, Sections 14 and 11, Portions of Parcels 15 & 271 (8954 N.
Atlantic Avenue in Cape Canaveral. We live in Solana Lake Condominiums at 8921 Lake
Drive #401 in Cape Canaveral, and understand the proposal would involve two 42' high tanks
containing 6.3 million gallons of gasoline each being added within 100' from our fence line and
less than 400 feet from our buildings.
The tank farm was first implemented about 50 years ago, before the tremendous growth of
residential homes and condominiums were built in this area. We, and all of our neighbors, feel
that the larger tanks constitute a danger as well as a blight to all residents living here and that
the additional proposed tanks will no longer be compatible with the neighborhood. Firework
sales must be located 1000 feet from residential neighborhoods, yet these gasoline tanks will
be much closer to densely populated neighborhoods. The safety factor is huge and in
addition, we are extremely concerned that the installation of these two new tanks will lower our
property values. As home owners and tax payers, we do not feel that seeing huge, white tanks
and chain link fencing with barbed wire coincides with the City of Cape Canaveral's Mission
Statement. The City's mission statement says "Welcome to the City of Cape Canaveral: A
safe, clean, residential beach-side community with tree-lines streets. It does not mention
"gigantic gasoline tanks within 100 feet of residences filled with families.
As our elected officials, we urge you to do whatever you can to stop this Special Exception and
not allow these storage tanks to be installed in our neighborhood.
Sincerely,
Ronald D. and Anna J. Minter
8921 Lake Drive #401
Cape Canaveral, FL 32920
321-784-1710
'71::: I"'f\f\r @
11..11 L.VVO
VII~nllan 07 0,5" -o5~
From: christopher esworthy [eZZer257@yahoo.coml ... ... .......... ....... E:,tt'''~~
Sent: Wednesday, July 05, 2006 11:43 AM t l_:~~' !-our";CiI . I
[;~.~ ~I;" i\.{~;~--t71
To: haas-cape@cfl.rr.com Ir.;"..\~
Subject: Oil Tanks Hearing tl~;;:;:~.~~.! -?
, .."_.,,...I"ll 1-..CIVl
f{5~;;.z;o~W1
City of Cape Canaveral ~ Z::-P:;;:;5 I -Ll
~"""""'" ,. <;: I
Art: Virginia Haas
City Clerk
Dear Planning & Zoning Board
I am writing to sJate that I am absolutely .Ql!j)osed to the special exemption to allow two new fuel tanks
be built.
I live in building C of Solana Lakes which is the building that would be impacted greatly by the building
of these tanks.
When I bought my property 5 years ago, part of the reason I bought was because of the beautiful views
of the port and the ocean. These tanks would greatly impact this. I also would have not considered
buying if two huge tanks were out my back door.
The real issue is safety, these tanks which will contain 6.3 million gallons offuel could have a
devastating outcome if they ever blew up. Also, they would be within 1 DO' of our fence line and less
than 400' from the building I live in. The buildings and human life that would be lost is unconscionable.
I also think the environmental impact could be greater than anticipated, one concern is the air pollution
that would be generated. Also, because of the close proximity t.he smell that would occur could be very
upsetting. In addition the huge size of the structure and the fencing with barb wire would be a blight.
Also, there will be an economic impact for all that live in the area. As you know this will decrease the
value of the property do to the danger and size of the tanks.
Since this tank fann has been around for 50 years and no new tanks have been built since the huge
development of the condos in the area, the assumption was that the planning board had chosen to
develop the area with people and not light industry a') it is zoned. This also brings up the pOh'1t if there
should be such a zoning exemption for petroleum tanks at all in a light industry zoning.
I also [rod it interesting that Cape Canaveral prohibits fireworks but might be considering allowing two
6.3 million gallon tanks be built in a heavily residential area. Just think what might happen. Also, I am
concerned about an evacuation plan if anything ever did happen. As far as I can discern, there is not
one.....
The bottom line this type of project should Dot even be considered. It doesn't fit h'1 with the
residential use and is not compatible with the long tena planning that the city has shown in the past.
Please do the right thing and do not permit this exemption to pass.
7/5/2006 @
l)illcerely,
John Esworthy
8931 Lake Drive #505
Cape Canaveral, FL 32920
321-868-0862
Want to be your own boss? Learn how on Yahoo! Small Business.
7/:::'JJnnr::. @
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0705 0.057
From: Neil Suit [nrsult@hotmail.com] ~.;(~'~l~::i~~'.~'~Y
Sent: Wednesday, July 05, 2006 12:06 PM 1--_~__
I C,io; /v\;,r.
To: haas-cape@cfl.rr.com - /f
Cit-,;-: :\tt~/.
Subject: Coastal Fuels Request for a Zoning Exception G-;-~; .'.- Dr i I
! :-'\.JD. V\.'01 t.::. J. J
f:<'Jilci:f;J OiL I /!
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1Fuvince Oir. I ,
I am a fUll-time resident and owner of a condominium at Solano Lakes. r~L t~.4i I ~ I
Coastal Fuels has requested a zoning exception to allow placement of two storage tanks
containing 6.3 million barrels of oil each to be located with 300' of my front door. I
can't eVen begin to describe to you how frightening this is to me.
Current zoning laws require that the sale of fireworks OCcur no closer than 1,000 feet to
any residential area. How can the placement of these storage tanks within 300' of my home
and the homes of my friends and neighbors eVen be considered?
All of us at Solano Lakes as well as the adjoining condominiums of Solano Shores,
Shorewood, Villages of Seaport and the beautiful reSort at Cape Caribe have made sizeable
investments in our property. We chose the area because of it's location; adjacent to the
beach, quiet, safe, in a peaceful resort community. We've put down roots here. We shop
here, Work here, play here, and vote here.
All the promises in the World regarding safety precautions can not guarantee that a
catastrophe could not Occur. The only way to avoid the possibility of loss of life and
property is to deny the zoning exception request. Please do not destroy my belief that the
City of Cape Canaveral has its' major focus on the well-being of its' residents.
Neil R. SuIt
8921 Lake Drive, B506
Cape Canaveral, FL 32920
(321)783-5238
e-mail: nrsult@hotmail.com
-"
1 (i)
U::.:::-c:'-'~--- -:L_
C~ly C~uncil__::.?
City .JvJ.SL_ _~_ June 23, 2006
~ CitL.0!!L__ L_
Pub_ \!Vo,-ks Dir.
Subject: Special Exception Request 06-05 by Coastal Fuels, LLC ~~i!d~~'LQff.-= -2=
- Finance Oir. -y
-P:;Z~--e---
We the undersigned, residents of Building 8931 Lake Dr, Solana Lake Condominiums, strclrrGty-Ubje (2.,c "V eciat exceptions to zoning
regulations to allow the storage of LP products on the property referenced in the subject request. We believe that any such exception or
waiver to existing zoning regulations further endangers our lives and well-being, threatens our quality of life, air, and water, and
negatively impacts our property values. We ask the Planning and Zoning Board to recommend against the Exception Request and urge
the Board of Adjustment to rule in our favor.
Residents Residents
Unit #
C304
C304
C305
C305
C306
C306
C401
C401
C402
C402
C403
-
C403
C404
C404
- -.---
C203
CZ03
C204
--"~_.,~.^.__.,-,-- -~~" ~'---~-
1------
~---------
I
C301
C301
----
C302
002
--.,..--
C303
C303
'- --
City ,v.~
City Atty.
Pub. WO.Ks Dir.
July 5, 2006 nJ:~ff.
r-Fi~ance Die
...,..Z. fJ;!...;FI J
~- .. _.1
Opposition to: Request for SPECIAL EXCEPTION to Ml Zoning for
Tank Farm Expansion by Coastal Fuel.
The Solana Lake Association will be represented at the Planning and
Zoning Board meeting on July 12, 2006.
We have a large number of residents interested in speaking at the hearing.
In order to cut down on duplication and waste of time we think that it would
be more efficient to condense the group into six subjects with one speaker
each. We would like to ask for a time block of about 30 minutes where we
can have our six speakers address the board in uninterrupted sequence.
The following is a list of subjects and speakers as planned.
SafetylHazard Mark Morrison
Safety/Fire Rick Evans
Safety/Clean Air John Bond
Environment Annie Tennenbaum
Aesthetics Gail Duncan
Legal to be named
Thank you for your consideration
Wemer Gre\-ve, Solana Lake, 783-5245 phone & Fax /~e ft/ e /c' r;? (", . " /
'-.) C i~: /"/J
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W
CITY OF CAPE CANAVERAL
ZONING BOARD OF ADJUSTMENT
JUliE 10. 1991
A Meetino of the City of Cape Canaveral Zonina Board of Adiustment
Has held on June 10. 1991 at the; City Hall Annex. 111 Polk A'lenue.
Cape Canaver-Rl. Florida. Chainnan Lloyd called the meetina to
order at 7:30 P.H.
The Secretary called the roll.
HEl.1BERS PRESElIT:
Russell Lloyd Chairman
Harilyn Riaerman Vice Chairman
Robert Lalvs
Robert Hoaa Alternate
John Rutte Alternate
.... -'--0' _. _ ___. "__,__.n NEHBERSABSEUT:
Ronnie Farmer
Patrick Lee
OTHERS PRESENT:
David SRroeant Fire Chief
James Horaan Buildina Official
Thomas Klevina Buildina Inspector
James Hoodman City Attorney
Susan Nelson Secretary
Ns. Riaerman moved to approve the minutes of April 29. 1991 as
written. Hr. La\./s seconded the motion. t'Jotion carried
unanimously.
LI.~I-LBUSJ:NESS
1. :3P(';c ia 1 F~xc ep tiol1 . Req1,!c;;;t: Ifo:_.91- 3 . TO_Iflsi: all a 5".0 '10.:.9.99
Qallonl',bov,".. GroungTanK:1na..J::J-LZ,Qne., (;lQTal1ker_Tuxn.R.oaq }.,
.?E!c:t:L.ol114 ",'I'QwI1:;;hip. ~'lSQu1:h,. Range 37 E~st. .- Located _. on
parce.~_ 27 ~: .. {~oa ;;tCi.l FUE!l s t1arkeJ 1I1g.c__.J 11<:< ,J .. - R~ch a rd.__A,
Eckel,". p. E ,,:.Agel1 t
HI' . Eckel. Aqent for Coastal Fuels. advised that Coastal Fuels hRd
aareed to th,::; recommended conch tions placed on the special
exception request by the Plannina and '7 . Board" The Board
~onlno
members reviewed a proposed fire protection site plan. Discussion
follo>ved.
David Sctl~qean t. Fir,:' Chief. CCVFD explained possible fire breakout
situations based on the different typc;s of fucd s t(lraoc: at Coastal
Fuels. i2vacuation procedures and various response techniques. It
Has noted that (he only fire apparatus presently on-site Here hand
held fire f2xtinQuishers.
The Board member's revielled and asked various questions reqardino
mGmoranduTIls from the folloYlina: Thomas Klevinq, Buildino
Inspector. dated Apri] 17 . 1991: Vance Huber. Fire Inspector. dated
February 6. 1991 and Hay 7. 1991: Henry Cartaya. Coastal Fuels
Nanaoer or Enoineerinq Services. dated Narch 4. 1991: and a
memorandum from David Saroeant. Chief. dated Hay 7, 1991.
Discussion Ilas held r"eaardino future Department of Environmental
Reaulation (DEF'.) requirements for secondary con(ainment.
Norma TOHns2nd. a citizen. noted various concerns reoardina a
heliport Rt Port Canaveral, ships and cruise ships. submarines, and
fuel storaoe at Coastal Fuels. It was her opinion that she Ivas
Zonina Board of Adjustment
June 10. 1991
Paoe 1 of 2 (i)
trying to prevent a disaster. She asked the Fire Chief to
reiterate evacuation routes to be used in case of a disaster.
Discussion was held re~ardin~ evacuation routes; spacinq of the
tanks; site plan and permittinq procedures; DER approval
requirements for the neH tank; loading area flashinq points; and
the conditions recommended by the Planning and Zoninq Board.
Mr. Laws moved to orant Special Exception Request No. 91-3 >-lith the
followin~ conditions:
L ApplicclDt must notify the City of any reaulatory permit
requests and/or violations.
2. Applicant must notify the City of any alteration of
structures or safety systems.
3. Applicant must provide a foam delu~e system for lORding
rach:s to be completed within one year from the date of
approval by the Board of Adjustment.
4 _ Install a fire hydrant system that has been presented to
the Cape Canaveral Volunteer Fire Department (reference
letter dated I'lay 7. 1991 from David Saroeant to James
Horqan) to be completed prior to use of the new tank.
5. Provide 500 gallons of fire fiahtina foam on site in
excess of the fORm deluae systems.
Item numbers 3. 4 & 5 shall meet NFPA requirements. Item
numbers 4 & 5 shall be completed within one (1) yeRr from the
date this speciRl exception is aranted or prior to final
inspection of the new tank. whichever is a shorter period of
time. If these items Rre not completed >-lithin the specified
time frame, then this special exception shall expire and
become void.
l-1s. RiQerman s'oconded the motion. I'Jot ion carried unanimously.
') Administrative AppeaL F:eqllest)J':J, 91-4_.9n BuUdin~L
Decision. R.=gElrging Deflia App1ifEltton_t()
Re p ai,r__F ir e. D B!TlCi9 e_:_S ec,_~,3 .,.. T\-lp.,---?4l.?_-'_f',g<2,__n.!':,____L9LJLJlJ()CJ~
72,: A vOfl::-By -'I'he:~S ~ a: _ .i 692 9_.__ Ric19~Vloo(L__AY",l)t1eJ. _ _ __I!.ati,9n\-'1i,de
Hutual Fir e Ins urafj<: eCompany.f.or Jgl1n_Clncl_ IVY J391 an()lol:,;).:i
James Hooclrnan, City ]:.. t torney . advised that lJationwide Hutual Fire
Insurance Company had requested a continuance of the administrative
appeal request: to a later clate. He hEld been advised by Nationwide
that settlement neootiations may be entered \-lith the BolanoHskiis
and if the case had been settled. there may not be a need to appeal
the Buildina Offici.al's decision. He requested chat the Board
table this cast? until the ne:--:t meetino.
Hs. R i oerrncln moved to table Administrative Appeal Request No.
91-4. until the nezt meetina. Hr. La>-ls seconded the motion.
!-lotion carried unanimously.
There beina no further business the meetino \-Ias adiourned at 10:15
P.H.
Approved this j,sr___ ____ day of 1991.
I! ~ ~~
~ (Vl.~i.{A....{f/t/. "?F )-----
I, GJJ~(J Chalrman i-
Lj
Secret:ary
Zoninq BORrd of Ad ius tment '",,-
June 10. 1991
Paae .) of '; r\
(fi}
Mr Berger moved to approve the prellmlnary plat provlded that the
changes are made In the dlmenslons to lncrease the length of the
lot to 100 feet Mr Thurm seconded the motlon Motlon carrled
unanlmously
2 Speclal E'{ceptlon Request No 91-3 To Install a 5,040,000
Gallon Above Ground Tank In a M-1 Zone, Parcel 271, Sectlon
1 /I TownshlP 24 South n~__~ ......, East (10 Tanker Turn Roadi -
...L-=C, r\.al1yt:: oJ I
Coastal Fuels Marketlnq, Inc , Rlchard A Eckel, P E Aqent
Mr Rlchard Eckel representlng Coastal Fuel Management
Incorporatlon stated that Coastal Fuel deslred to bUlld thlS new
large storage tank In order to reduce the number of ocean
del1ver1es of the1r asphalt and bunker fuels handled at the
eXlst1ng faclllty He noted that some of the1r eXlstlng dlesel
fuel had been put lnto the asphalt and #6 011 serVlce and they
needed add1tlonal d1esel fuel storage The tank wlll be bUllt
accord1ng to all API codes lncludlng the DER codes for the State of
Florlda He noted that dur1ng d1Scusslon on the construct1on of
thls tank wlth C1ty off1c1als the F1re Marshall brought up the
fact that there was no flre hydrants on the slte He explalned
that Coastal Fuels had been work1ng on arrangements to extend the
water Ilne and prov1de flre hydrants on the property
Mr Everett commented that a tank had been removed a few months ago
and that the bunkers had been ralsed Mr DWlght Fender Termlnal
Manager Coastal Marketlng Inc expla1ned that per1od1c
malntenance of the d1ke area was necessary to meet the NFPA
requ1rements for the conta1nment area He noted that there were no
restrlctlons on locatlng gasol1ne tanks wlth dlesel fuel tanks
wlth1n the bunker but there were d1stanre requ1rements on spac1ng
the tanks from the bunkers and the other tanks
Mr Everett s asked what safety precaut10ns were taken to prevent
an overf1ll Mr Fender stated that there were overf1ll lndlcators
on the tanks the gasol1ne tanks have a float1ng roof and the tanks
are manned at all tlmes whlle recelv1ng the products
--
Ms ~vheeler 1nqu1red 1f the property was always ln an M-1 area an~
were the eX1st1ng tanks allowed by Spec1al Exceptlon? D1Scuss1on ,
followed It was determ>ned that bulk petroleum storage had been \
a permltted use In an M-2 Zone the last tank was lnstalled In
1974 1nformatlon was not avallable as to the date the 20n1ng was
changed to M-l and whether a speclal except10n had been granted for-----,
the placement of the tank //
Davld Sargeant Flre Chlef Cape Canaveral Volunteer Flre
Department expressed hlS concerns and outllned slte lmprovements
WhlCh were needed on the premlses D1Scusslon ensued on the flre
system and other safety measures WhlCh should be made a condlt1on
of the speclal exceptlon
Mr Thurm moved to postpone Speclal Exceptlon Request No 91-3
untll the next scheduled meetlng Ms Wheeler seconded the rnotlon
Motlon carrled unanlmously
DISCUSSION
1 D1SCuss1on Re June Clean Up Month
Mr Fred D1Stas1o Alternate Member Plamnng and ZonIng Board
outllned the plans for a clty-w1de clean up program to be held
durlng the month of June He noted that volunteers would be needed
to assure the success of the program D1Scusslon followed Ms
Wheeler and Mr Washburn volunteered to asslst 1n the program
Plannlng & Zonlng Board ~
Regular MeetIng &J)
Apr11 24 1991
Page 2 of ') Pages
J
option gas tax revenue. Discussion followed. Vote on the motion
was unanimous.
6. Motion Re: Nomination for E. Harris Drew AWard
Mr. Porter moved to nominate ~1ayor Joy Salamone and Council
Member Rocky Randels for the E. Harris Drew Award. Mr.
Kedzierski seconded motion. Motion car-ried unanimously. Mr.
Porter will work with the City rIanager on preparing the
applications.
7. Motion Re: A ointment of Re resentatives to Brevard Count
Beach Erosion Committee
Mayor- Salamone moved to nominate City Manager, Edward Spenik,
and Council Member, Ann Thurm to the Committee. Mr. Porter
seconded motion. Discussion followed. 110tion carried
unanimously.
DISCUSSION
Mr. Scott Spooner, Consulting Engineer with Briley, Wild, and
Associates, addressed Council on the deterioration of sewer
gravity main #3A, from the Port. He advised that the Canaveral
Port Authority had authorized $40,000 for the repair of the line
at their meeting on September 19, 1990. Mr. Spooner further
noted that the City would be going out for bid shortly on Phase
IV of the sewerage system improvements, which would include the
rehabilitation of the gravity main, and rehabilitation of four
li ft stations.
In response from a question by Mrs. Thurm, Mr. Spooner also
noted that the City would soon be advertising for bids for the
construction of Tower Boulevard. He explained they were also
preparing the Reuse StUdy/Treatment Plant Expansion Report and
on a proposed interceptor ordinance.
Mr. Randels presented the classroom book on Local Government,
prepared by the Florida League of Cities, to Mayor Salamone. He
also reported on the recent Brevard County Commission Meeting.
Mr. Porter inquired as to the status of the mitigation with
Randy Mays on the improper land clearing and requested that this
item be placed on the next workshop agenda.
Mr. Porter suggested that the City consider amending the
Comprehensive Plan to address high speed rails and requested
this item be discussed at a future workshop meeting.
Mayor Salamone advised that a person was ticketed for parking on
a concrete slab at the end of h'ashington Avenue. She requested
that a clarification on the no parking area be discussed at the
next workshop meeting, along with parking problems at beach end
streets in general. 4
.? \
Mayor Salamone reported that she and City Manager Spenik had \
traveled to Miami to meet with representatives of Coastal \
Fuels who had a petition before the Planning and Zoning Board to
install a five-million gallon diesel fuel storage tank on their
property at the north end of the City. She advised that the
Coastal Fuel representatives stated this was their only planned
replacement in the City at this time. ~1ayor Salamone suggested
Plan regarding ,.;hat type, and capacity, of fuel storage tanks
L should be allowed.
---~----'..
City Council &9~
Regular Meeting I~
Hay 7, 1991 to')
Page 4 of 5
CAPE CANAVERAL
PLANNING & ZONING BOARD
REGULAR MEETING
MAY 8 1991
A Reat.lar Meetlna of the Plannlnq & ZOnlnq Board of tre Clty of
Cape Canaveral Florlda was held on May 8 1991 at the Clty Hall
Annex 111 Polk Avenue Cape Canaveral Florlda The meetlna "as
called to order at 7 30 P M by Chalrman Russell The Secretary
cal12d the roll
MEMBERS PRESENT
Lamar Russell Chalr:rnan
Arthur Beraer Vlce Chalrman
Rlchard Thurm
Wayne Washburn
Marv Wheeler
Cecll Everett Alternate
Fred DlStaslO Alternate
OTHERS PRESENT
Joy Salamone Mayor
Ann Thur:rr Councll Member
Edward Spenlk Clty Manaaer
James Morqan Bu~ldlna Offlclal
Tl-tomas Klevlna BUlldlna Inspector
Kohn Bennet\: CltV Attorney
Susan Nelson Secretary
Ms Wheeler moved to approve the "l\1.nutes of Apr1.1 24 1991 as
submltted Mr Beraer seconded the '"llotlon D1.scuss1.on was held
reaardlna the Prel1.Il1lnary Plat Aporoval for Cape V1.ew Townhomes
heard at the preVlOUS 'lleetlna Mr Moraan BUlld1.na Offlclal
advlsed that the Orel1.'"lllnary plat had met the requ1.rements of
Sectlon 639 03 Townhouse Area and D1.lJ1ens1.on Requlatlons of tre
Cape Canaveral Zonl.na Reaulatlons Chal.rman Russell pOl.nted out
that the appll.cant had aareed to the l.ncreased lot Sl.ze condl.tl.on
Motl.on to aporove the r'1.nutes of Aprl.l 24 1991 carrl.ed
unanlmously
UNFINISHED BUSINESS
1 Speclal Exeeptlon Request No 91-3 To Install a ~~i2~1Q~CLQ~Q
Gallons Above Ground Tank ln a M--l Zone (10 TanJ:::er Turn
Road) , Sectl.on 14, TownshlQ~_So~th Ranqe 37 East Located
on Parcel 271 (Coastal Fuels Marketl.nq Ine ) - Rlchard A
Eckel P E Aaent
ChalrITlan Russell su-nJ1larlzed the reasons thls lteJ'1 had been tabled
at the preVlOUS l"eetlna
Mr Eekel Aaent for Coastal Fuels advlsed the Board tl1at the
concerns expressed at the preVlOUS -neetlna had been addressed at
a -Peetlna held on May 2 1991 wlth the James Moraan BUl.ldlna
OfflClal ThoJ1las Klevlnq BUlldl.ng Inspector Vance Huber Flre
Inspector Dav_d Saraeant Flre Chl.ef Henry Cartaya Manaqer of
Enclneerlna SerVlces for Coastal Fuels and DWlaht Fender Termlnal
Manaaer for Coastal Fuels He explalned that at that meetlna
Coastal Fuels had aqreed \:0 provlde a foam deluae system for the
current loadlna racks wh:lch would be lnstalled wlthln one year of
Plannlnq & Zonlnq
Reaular Meetlna ---~
Hay 8 1991 C0J
Paqe 1 of 3
the date the Spec~al Except~on was granted ~nstall a f~re hydrant
system as specl.f~ed l.n the subml.tted drawl.ngs prl.or to the use of
the new tank and provlde 500 gallons of f~re f~qht~nq foam on slte
pr~or to the use of the new tank He noted that the foam l.n the
deluqe syste~ would not count as part of the 500 qallons
The Board members revlewed a memorandum dated Aprll 17 1991 from
Thomas Klev1.ng BUl.ldlng Inspector reQ-ard1.ng var1.0US govern1.nQ
aqenCl.es requl.rements for bulk storage faClll. tl.es D~scussl.on
followed Mr Klevlng recomJT1ended that no alteratl.ons to any
structure storage tank and l.ts relat~nq systems be made untll the
Clty recelved and approved the chanqes He further recommended
tha t the new tank be dl.ked separately and have an ul tra-vlol e t
plastlc llner to prevent seepaqe lnto ground water Mr Eckel
noted that the llner would not be a Department of Envl.ronmental
Regulatlon requlrement untl.l 1999 He advlsed that the new tank
would have a secondary contal.nment underneath the new tank would
be monltored anytlIDe lt recelved product the new tank would have
a hlqh level alarm and that the tank placement would be revl.ewed
durlng the s~ te plan reVlew process to lnsure that l. t met the
property llne setback requl.rements
The Board meMbers revl.ewed the Cl. ty of Cape Canaveral Zonl.nq
Requlatlons Sectlon 632 01 Zonl.nq Defl.nltlons pertalnl.nq to Flre
Dlstrl.ct D1Scusslon followed _~
Mayor Salamone reported that she had vlslted Coastal Fuels 'I
Cooperate Headquarters wlth the Clty Manaqer and a member from the ,
Port Authorl.ty to dlSCUSS future expanSl.on plans She had asked \
Coastal Fuels to conslder other sltes better equl.pped to handle \
larqer quantltles of fuel storaqe and that there be no expanSlons J'
South of Eberweln Road She advlsed that CoastaL Fuels had been
conslderlnq leaslng property on the North end of the Port She
asked that lf the Plannl.nq & Zonlng Board recommended approval for
thlS type of specl.al exceptlon that lt be the last one Dl.SCUSslon/
followed ('
Mr Thurm moved to recommend approval of Speclal Exceptl.on Request
No 91-3 wlth the followlnq condltlons Appllcant must notl.fy the
Clty of any Department of Envlronmental Requlatlon perml.t requests
notlfy the Clty of any alteratlon of structure or safety system
provlde a foam deluge system for the current loadl.nq racks to be
completed wlthl.n one year from the date that the Board of
AdJustments approved the specl.al exceptl.on l.nstall the fl.re
hydrant system that had been presented to the Cape Canaveral
Volunteer Flre Department to be completed prlor to the use of the
new tank and provlde 500 gallons of fl.re flohtl.na foam on slte
The ~oa~ ln the delu~e systeID shall not count as part of the 500
qallon requlrement and would be provlded prlor to the use of the
new tank In addl.tlon Coastal Fuels shall provlde addltlonal foam
In case of e~erqency Mr Berger seconded the motlon Vote on the
motlon was as follows ln favor Mr Beraer Mr Russell Mr
Thurm and Mr Washburn opposed Ms Wheeler Motl.on carrled
Mr Berger revl.ewed that several cltlzens at the prevl.OUS meetlnq
had asked Coastal Fuels to route thel.r trucks down George Klng
Boulevard rather than N Atlantlc Avenue
ADD ON ITEM
Ms Wheeler moved to add the followl.ng l.tem to the agenda Mr
Berqer seconded the motl.on Motl.on carrl.ed unanlmously
1 DlScusslon Re Generdl Growth Factors
The Cl.ty Manager explal.ned that the Clty sewer system was utlll.zed
by both Cape Canaveral and Port Canaveral and that Port Canaveral
Plannlna & Zonl.na
~:;1!~ar 1 ~~~tlnq ~~)
Page 2 of 3 ~
use their breaks for: smoking. Mrs. Thurm seconded Illotion.
Discussion followed. Vote on the Illotion was as follows: In
fa vo r: , Me. Randels and Mrs. Thurm; opposed, Mr. Kedzier-ski, Mr.
Portee and Mayor Salamone. Motion failed.
Mrs. Thurm noted that Mr. Spenik had made a decision a few
months ago not to allow smoking 1n City Hall and inquired if he
planned to make any cl1anges to the present policy. Mr. Spenik
stated tl1a t l1e had no comment at tl1at time. f1rs. Thurm
requested that the record reElect that it 'Nas her opinion that
something W'iS going on that had nothing to do with t11e smoking
policy.
9. Motion Re: City Employee's Request for Training
Mayor Sa la mone moved to approve the tr''lining request of the Code
Enforcement Officer/Sui IdincJ Inspector, in tl1e amount of $25.00.
Mrs. Thurm seconded motion. Discussion fallowed. Motion
carried unanimously.
10. Motion Re: Waiving Shuffleboard Fees for Brevard County
Spec1al Olymp1CS
Mr. Porter so moved. Mrs. Thurm seconded motiOll. t10tion
cdrried unanimoUSly.
11. Motion Re: Authorization to Bid for WWTP Laboratory
Consult1ng ServIces
Mr. Randels so moved. Mr. Porte r seconded motion. Discussion
followed. Motion carried unanimously.
12. Motion Re: Recertification as Tree City USA
Mr. Sali'Lllone moved to apply to recertification as ." Tree City.
J'1r s. Thunn seconded motion. r10tion c<"lrried unanimoUSly.
13. Motion Re: Employee Birthday Exchange for 1991
Mr. Ramie Is 'noved to accept the City employees petition to
switch their birthday holiday for 1992 to December 23, 1991.
Hr. Porter seconded motion. Discussion followed. Vote on the
motion was unanimous.
14. Motion Re: Florida's Space Coast Film Commission Request
Mayor Sa lamone moved to authorize the City Manager to approve
fi Iming in tne City, if there is no co.st involved. Mr. Po r t e r
seconded motion. Discussion fo 110we<1. Vote on the motion was
unanimous.
--......
1.5. Discussion Re: DER Permit to be Granted Regarding Coastal \
Fuels MarketIng )
It was noted that a legal ael had b'3en published regarding
CO'3.stal Fuel's request to construct an incinerator for the
purpose of heating asphalt ,'l.nd fuel oi 1- Mr. Woodman explained I
some of the p'irt1.culaLS ,) f the request and noted this item would i
be reviewed by the Planning and Zoning Board during the s i tle j
plan review process. It was pointed out that CO<3.S ta 1 fuels may I
I
be in violation of the Special Exception that was granted by the I
City.. Discussion fo llowed. 1
r1ayor Sala:none moved to file a petition for Clr1 administrative i
hearing possible regarding CO'3.stal Fuel's request, ,
as soon as i
and. authorizing the expenditure of up to $3,000.00 for i
en'Jineering services. ~'Ir . Randels seconded motion. Discussion J
continued. I
City Council ) /~'\
Regular r1eet i ng / ~
November: 19, 1991
Page 4 of 5
r-
Mr. Porter moved to amend the motion to authoriz~ the
expendi ture of up to $2,999.00. Mr. Kedzierski seconded motion.
Vote on the amendment W,3.S unanimous.
Vote on the main motion on the floor was unanimous. Mr. Woodman
was directed to take the appropriate steps to file a request for
an administrative hearing.
\./16. City Attorney's Report
Mr. Woodman advised that he had renliered a written opinion
regarding the Consultant's Competitive Negoti.'itionsA.ct. He
further reported on the status of the Royal t1ansions and Cape
wi nds Lawsui ts.
DISCUSSION
Mr. Randels reported on a meeting he had recently attended
regarding DNR's proposed rules on marine turtles and beach
nourishment i)rojects. He also reported on the Florida League of
Cities Pre-legislative Conference.
r1s. Mary Whee ler extended her thanks to the Mayor and Counci 1
Members Eor serving the community.
Mr. Kedzierski extended a compliment he had received from his
boss regarding the profession.'il manner 1n which t-1rs. Nancy
Hanson, Recreation Director, had conducted the recent
r,'l.c<luetball t::>uroament.
There being no f.urther business, the meeting was adjourned at
9;50 P.M.
Approved this --1.E.s.L day of December , 1991-
i ?
/ } \" /,
'. -. ',.k" ( ,-Joe,,- J./ .'L/t"L'.,~~'7'.~,<,:""",,--
Mayor. /
I ..
g~'1i) ,,(~-v
. 1 ty Clerk
City Council, ~ ~
Reqular Meetincr (0)
No;:'ember 19, 1991 J~";(
Page 5 0 f 5 19
PLANNING & ZONING BOARD
MEETING MINUTES
JULY 12, 2006
A Regular Meeting of the Planning & Zoning Board was held on July 12, 2006, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea
McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll.
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
MEMBERS PRESENT
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson 1 st Alternate
OTHERS PRESENT
Susan Chapman Secretary
T odd Peetz City Planner
Kate Latorre Assistant City Attorney
Rocky Randels Mayor
Robert Hoog Mayor Pro T em
T odd Morley Building Official
John Johanson declared a conflict of interest on the last two agenda items.
NEW BUSINESS:
1. Approval of Meetinq Minutes: June 14, 2006.
Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting
minutes of June 14, 2006. Vote on the motion carried unanimously.
2. Recommendation to the Board of Adiustment Re: Special Exception Request No.
06-05 to Allow Storaqe of Liquefied Petroleum Products in the M-1 Zoninq
District, Sections 11 & 14, Township 24 South, Ranqe 37 East, Parcels 15 & 271,
(8817 N. Atlantic Avenue) - Craiq E. Smith, Desiqnated Aqent for Coastal
Terminals, LLC, Petitioner.
Chairperson McNeely read the agenda item for the record. Todd Peetz, City Planner,
advised that the applicant withdrew the request from the agenda. Chairperson McNeely
voiced her opinion that the property owners should be re-notified. Brief discussion
followed.
Motion by John Fredrickson, seconded by Donald Dunn, to require the applicant to re-
notify the property owners. Discussion followed. Kate Latorre, Assistant City Attorney,
advised that she needed to research whether the Board has a legal authority to require
the applicant to re-notify the property owners. Motion by Donald Dunn, seconded by
Lamar Russell, to withdraw the motion. By consensus, the Board members agreed.
Discussion followed. Todd Peetz, City Planner, explained the notification process.
Planning & Zoning Board
Meeting Minutes
July 12, 2006
Page 2
Lamar Russell questioned if the applicant gave a good reason to postpone the request.
He voiced his opinion that it may be a tactic played by the applicant to confuse the
residents. City staff advised that there was no reason received by the applicant. Kate
Latorre, Assistant City Attorney, advised that technically a motion to postpone is not
required. She advised that she will research the notification requirement and report back
to staff. Discussion continued.
Mark Morris, resident of Solana Lakes, advised that over half of the Solana Lakes
residents are not in the area this time of year. He advised that the proposed expansion
would be within 150 feet of his front door. He advised that only owners within 300 feet
received notification. Todd Morley, Building Official, advised that the notification
requirement is 500 feet. Discussion followed. Todd Peetz, City Planner, advised that
the names and addresses were provided by the Brevard County Property Appraiser's
office. The Board members reviewed the submitted map of properties and verified that
the map included all property owners within 500 feet. Discussion continued. Kate
Latorre, Assistant City Attorney, advised that the City can only make the applicant pay
for what the code requires, unless the applicant voluntarily agrees. She verified that the
public has the right to speak at any public meeting. Discussion continued regarding the
notification process and requirements. The Honorable Mayor Randels advised that the
City staff notified over 100 people that this agenda item was withdrawn from the agenda.
Motion by Lamar Russell, seconded by Donald Dunn, that item #2 be removed from the
agenda; and the applicant be required to re-apply and re-notify all the adjacent property
owners, including all owners of common properties. Discussion followed. By
consensus, the Board agreed that the motion be withdrawn. Discussion followed.
Motion by Lamar Russell, seconded by Harry Pearson, to place a discussion item on the
next agenda on how to proceed on the legal points of notification and re-application for
this item. Discussion followed. Todd Morley, Building Official, advised that he spoke
with Craig Smith last Friday and he said that he is willing to re-notify the property
owners. A citizen voiced his opinion that if the applicant did not follow protocol, then he
should be required to start the process over. Vote on the motion carried unanimously.
After all the other agenda items were heard and acted on Kate Latorre, Assistant City
Attorney, advised that additional information was provided to her by staff and she had
the opportunity to research the notification requirements. Since it was 10:00, by
consensus, the Board members agreed to extend the meeting time until 10: 15. Kate
Latorre, Assistant City Attorney explained that the notification to the property owners is a
courtesy notice by code, and the City can not require the applicant to re-notify the
owners. She further explained that the applicant can willingly re-notify the property
owners and pay for the legal advertisement. Susan Chapman, Board Secretary, advised
that in an effort to notify the property owners of the applicant's request, notices were
placed in the City Hall lobby, City Hal! Annex, on the City web-site, and a lega! ad posted
in the newspaper, that was published this meeting date, advising the public that this item
was withdrawn from the agenda by the applicant and rescheduled for August 9th.
Discussion followed. Kate Latorre, Assistant City Attorney, requested that the Board
agree to allow staff to continue encouraging the applicant to re-notify the property
owners and hear the request on August 9th.
Planning & Zoning Board
Meeting Minutes
July 12, 2006
Page 3
Motion by Lamar Russell, seconded by Donald Dunn, to withdraw the previous motion
and remove the discussion item from the next meeting agenda. Vote on the motion
carried by a (4) to (1) majority vote, with members voting as follows: Donald Dunn, for;
John Fredrickson, against; Bea McNeely, for; Harry Pearson, for; and Lamar Russell,
for.
3. Recommendation to the Board of Adjustment Re: Special Exception Request
No. 06-04 to Allow Outside Storaqe of Recreational Vehicles, Trailers and
Trailerable Items in the C-2 Zoninq District, Section 15, Township 24 South,
Ranqe 37 East, West Portion of Parcel 760, (200 W. Central Boulevard) - Ahmad
and Abulqhasem Nasajpour, Petitioners.
Todd Peetz, City Planner, advised that this agenda item was postponed at the last
meeting, for additional information. He described the property location, and verified that
the additional information requested by the Board was received. He read the checklist
for the record. The Board members reviewed the submitted landscape and screening
plan.
Chairperson McNeely commented that some of the existing outside storage facilities in
the City were unsightly. She requested the applicant provide a list of how many plants
would be planted, what kind of plants, and how many. John Fredrickson questioned if
the City planned to install sidewalks along the property. The Honorable Mayor Randels
responded that the area was not part of the planned sidewalks. He commented that the
boat storage facility would not be placed in the setback anyhow. Vice Chairperson
Russell pointed out that outside storage facilities have buffering requirements all the way
around the area (on all sides). Todd Peetz, City Planner, read the buffering
requirements for the record, and noted that the fence along the road right of way could
not exceed 4 ft. in height. Mr. Nasajpour, the Petitioner, commented that there is a
need for boat storage. He advised that a 6 ft. high chain link fence will be installed on
the east side, and a 4 ft. high chain link fence on the road frontage and along the sides
that are within the 25 ft. setback; and two drive thru gates would also be installed. The
Board members reviewed and discussed the placernent of the two proposed gates. Mr.
Botts, the potential lessee, outlined from a resubmitted drawing, the various areas where
Oak and Palm Trees would be planted; the lighting plan; placement of the gates and
fencing; number of parking spaces and how they would be marked; and access points.
Mr. Botts verified that there would be 54 or 55 parking spaces, no on site maintenance,
and no fish cleaning. Discussion followed. Kate Latorre, Assistant City Attorney, verified
that there is sufficient representation of the property area for this request.
Planning & Zoning Board
Meeting Minutes
July 12, 2006
Page 4
Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of the
Special Exception Request No. 06-04 to the Board of Adjustment, with the following
conditions:
. Security fence on all sides.
. Screening on all sides composed of greenery on the outside of the fence.
. All boats shall be on licensed movable trailers.
. Lighting shall meet all code requirements.
. All parking places shall be designated with lasting markers.
. The number of parking spaces is limited to 54 and must meet all code
requirements.
. Maintenance and repair is prohibited.
Discussion followed. By consensus, the Board members agreed to all the
recommended conditions. Discussion followed. Vote on the motion carried
unanimously.
Vice Chairperson Russell reiterated the conditions to the applicant, and explained that if
any of the conditions are violated the special exception may be revoked.
4. Recommendation to City Council Re: Site Plan Approval for an Office Buildinq
and Mini-Storaqe Buildinq, 400 Imperial Blvd - Arthur Berqer, Applicant.
Todd Peetz, City Planner, gave an overview of the proposed site plan. He advised that
staff reviewed the site plan and recommended approval. The Board members reviewed
the site plan and landscape plan. Arthur Berger, applicant, advised that he would meet
all code requirements. Discussion was held regarding the types of trees selected and
the City code requirements. Discussion was held regarding stormwater retention and
run off. ,l!.,rthur Berger advised that the property owner has agreed to work with the City
on stormwater improvements along the Canaveral River which abuts the property. Mr.
Berger noted that the site plan approval included a future building footprint and stated
that the property owner is aware that he will need to come in with a new site plan for the
future building and site.
Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the site
plan. Vote on the motion carried unanimously,
Planning & Zoning Board
Meeting Minutes
July 12, 2006
Page 5
5. Recommendation to City Council Re: Final Replat of Villaqio Townhomes -
Replat of Lots 1 , 2 and 3, Block 1 , Avon by the Sea Subdivision - (Washinqton
Avenue) - Ron Wallen, Applicant.
Todd Peetz, City Planner, advised that the project was previously named Cas a Bonita.
Mr. Peetz gave an overview of the final replat, and noted that the project was almost
completed. He advised that staff had reviewed the final replat and had no comments.
David Welsch, property owner, answered the Board members various questions.
Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the
final replat. Vote on the motion carried unanimously.
6. Recommendation to City Council Re: Preliminary Replat of Laws Townhomes, -
Lot 5, Block 69, Avon by the Sea, (Lincoln Avenue) - James E. Morqan,
Applicant.
Todd Peetz, City Planner, gave an overview of the preliminary replat. He advised that
Todd Morley, Building Official, spoke with the applicant about the project prior to the
moratorium, and since the project is considered a work in progress, the applicant can go
forward with the project without being effected by the moratorium. He noted that the
property has been utilized as residential. Discussion was held regarding the comment
from the Public Works Director regarding easements. T odd Peetz verified that all the
easements are shown on the preliminary replat.
Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the
preliminary replat. Vote on the motion carried unanimously.
There being no further business the meeting was adjourned at 10: 12 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary