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Home My WebLink AboutP & Z Packet September 13, 2006 (2) City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE SEPTEMBER 13, 2006 7:30 P.M. Call to Order Roll Call NEW BUSINESS -1 Approval of ~v1eeting ~v'1inutes: August 23, 2006~ I. 2. Review and Recommendation to City Council Re: Final Replat of Beachside Townhomes - 2nd Addition, Replat of Lot 13, Block 5, Avon by the Sea Subdivision - John Johanson, Applicant. 3. Review and Recommendation to City Council Re: Proposed Ordinance Repealing Storage of Liquefied Petroleum Products - Section 110-354 (c) (6) of the Cape Canaveral Code of Ordinances - Anthony Garganese, City Attorney. 4. Review and Recommendation to City Council Re: Proposed Ordinance Clarifying Non-Conforming Uses and Structures - Section 191-201 of the Cape Canaveral Code of Ordinances - Anthony Garganese, City Attorney. 5. Discussion Re: Chapter 2006-88, Amending Florida Statute 166.033 - Written Notice Requirements for Denial of a Development Permit - Anthony Garganese, City Attorney. 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 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. 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. 105 Polk Avenue · Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 · SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape · e-mail: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES AUGUST 23, 2006 A Regular Meeting of the Planning & Zoning Board was held on August 23, 2006, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate OTHERS PRESENT Susan Chapman Secretary Todd Peetz City Planner Anthony Garganese City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro T em T odd Morley Building Official Jeffrey Ratliff Public Works David Sargeant Fire Chief Thomas Young Sheriff's Department John Johanson declared a conflict of interest on the last two agenda items. Chairperson McNeely advised the audience of the rules of the meeting. She announced that the meeting will adjourn no later than 10:00 p.m. NEW BUSINESS: 1. Approval of Meetinq Minutes: July 12, 2006. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of July 12, 2006. Vote on the motion carried unanimously. 2. Discussion Re: Storaqe of Liquefied Petroleum Products. Todd Peetz, City Planner, gave an overview of the agenda item. He explained that the agenda item was a result of an application submitted for an expansion of an existing use allowed under city code Section 10-354 (C) (6). He advised that buffering and setbacks are considered in reviewing this type of request. He noted that fire districts and liquid petroleum products are not defined in the City code. Anthony Garganese, City Attorney, explained that this agenda item is an open discussion. He advised that it was within the Board's purview to make recommendations regarding the zoning code to City Council. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 2 Todd Morley, Building Official, reminded the Board that the City Council asked the Board to consider changing the code. He advised that there was currently no application. He suggested that the Board may want to explore adding a definition of liquefied petroleum products. Chief David Sargeant, CCVFD, advised that the city should clarify and define liquefied petroleum products, which he noted are propane and butane as stated in the City code. He noted that if the City so desires to create a fire district, then buffer zones will need to be established that are not covered by the National Fire Protection Association (NFPA) when it comes to distances. He explained that the fire codes work with the zoning and building codes. He advised that the definitions needed to be clarified. He explained that a liquefied petroleum product is made into liquid only when under pressure, it is not gasoline, diesel, or asphalt and that is what is being stored. He recalled that back in 1991 there were no condominiums abutting this property. He noted that this community has changed since the tank farm was constructed, and the population has increased. He commented that the publics concerns should be addressed. He reported that there are currently security plans in place from the Brevard County's Sheriff's office and there are plans in place from the Canaveral Fire department. He reviewed the existing plans for evacuation. He explained that tanks typically burn for long periods of time and they can release toxic and noxious fumes. He noted that tanks do not typically explode, and they are vented, and every tank out there is currently protected with a foam system with the exception of the asphalt tank. He commented that terrorists can attack any where at any time. He questioned if the City wants to add more hazard to this community. He commented that adding gasoline or diesel is a hazard or it would not be regulated by a code. Lt. Thomas Young, Sheriff's Office Representative, advised that Coastal Fuels has gone over and above what is required and is moving forward with added security measures. He noted that safety issues can always be improved. Jeffrey Ratliff, Public Works Representative, advised that there is soil and ground water contamination at the site, the latest sampling revealed that it is contained on the site. He explained that a remedial action plan has been approved by Brevard County and the County is expecting the remediation to begin within a year. Lamar Russell, Vice Chairperson, advised that he was on the Board in 1991, when the Board created the language in the code. He noted that at that time the Board was advised by the Building Official that LP products were being stored on the site, however the Board knew they were liquid. The Board was also advised in 1991 that a fire district was established and defined at that time. He commented that these issues will be addressed, at a future time, if they need to be. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 3 Ruth Anders, representative and resident of Solana Lakes, advised that the City received 439 petitions from residents against the special exception. She asked the Board to consider recommending an immediate moratorium. John Bond, representative and resident of Solana Lakes, requested that any type of liquefied petroleum product storage be eliminated. He spoke of adverse impacts to the citizens and requested the Board recommend an immediate moratorium. Mr. Bond read the City's Mission Statement. Mark Morrison, representative and resident of Solana Lakes, spoke of security concerns. He advised that any proposal to add more capacity has the potential to adversely affect the City. He explained that Coastal Fuels threats and security problems came into existence before terrorism changed the world on 911. He advised that no mitigation exists to remove the inherent threats of the tank farm's physical layout. Mr. Morrison gave an overview of his expert credentials. He showed a slide of the physical layout of the Coastal Fuels take farm which he explained showed inadequate security from a deliberate terrorist attack. He showed another slide showing a diagram of the tank farm's most dangerous vulnerabilities and access points. He explained that adjacent to George King Boulevard on the tank farm's north side, there are no adequate standoff space exists between live pipelines and active storage tanks to prevent a penetration. He showed other slides of photographs he took on July 4th from outside the facility, and highlighted various security concerns. In closing, Mr. Morrison commented that the facility was built to minimize cost, not to maximize security. He further commented that times have changed, and the City cannot afford to put security second to any other consideration. Rick Evans, representative and resident of Solana Lakes, spoke of fire safety issues. Mr. Evans gave an overview of his expert credentials. He advised that Florida Statute, Section 187.201, requires the City to protect lives and property by preventing activities which could cause natural and manmade disasters. He pointed-out that Section 38.4 of the City code applies prohibitions to gasoline storage in residential areas of the City. He read the definition of a special exception which states that "a use that would not be appropriate generally, or without restriction, throughout the zoning division or district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare". Mr. Evans showed slides of various tank farm fires. He pointed-out that each of the facilities at the time of the fire was determined to be in compliance with state and federal requirements. He commented that regulations avoid controllable risks, but some risks are not controllable. In closing, Mr. Evans stated that fire and explosion are devastating, fire and explosion are possible, and a sufficient boundary of safety must exist. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 4 Mary Ann Brokus, representative and resident of Solana Lakes, read a speech for Gail Duncan, another resident of Solana Lakes, regarding aesthetics. Ms. Brokus gave an overview of Mrs. Duncan's expert credentials. She advised that their homes have a buffer of approximately 800 feet from the existing tanks. If the current special exception allowing liquefied petroleum tanks in the M-1 zoning district is allowed to continue, the likely placement of tanks would be even closer and would change everything about their quiet, peaceful, view property. She commented that what was now a group of neighborhoods with a predominant high value of between $300K and $700K would become property blighted with external obsolescence, which would dramatically affect the current value. She advised that according to a local property appraiser, there is no place where fuel tanks are next to residential properties in the entire county of Brevard, and probably the whole state. She pointed-out that Section 110-39 of the City code, says that it must be considered whether a special exception would have an adverse impact on views and vistas, prices, neighborhood quality, traffic-generating characteristics, compatibility, and harmony with adjacent land uses. Additionally, it further states that a special exception should not adversely impact land use activities in the immediate vicinity. She then gave examples of numerous negative impacts. She advised that the present tank farm was first built in the early 1950's, before there was any residential development there. She explained that in 1990, two additional tanks were approved by special exception. At that time, there were approximately 100 acres of vacant land to the east, south, and north of the property. Ms. Brokus showed a schematic of Coastal Fuels and surrounding existing properties and gave examples of how Coastal Fuels was negatively impacting the residential properties. In closing, she asked that the City maintain the integrity of the neighborhood and your constituents' property values by repealing the special exception for M-1 zoning. She voiced the concern that more tanks would not fit in with the profile of a residential, resort neighborhood and would constitute an illogical and incompatible adjacency. Evelyn "Annie" Tennenbaum, representative and resident of Solana Lakes, spoke regarding environmental concerns. She spoke as a concerned resident who has a strong interest in her community. She advised that for many years she taught in an area in New York where a statistically significant number of children suffer from asthma, and one of her co-workers died from emphysema which she did not this was a coincidence. She explained how the air quality index is monitored. She advised that the air increasinalv reeks with the stench of Dollutants from the vaoors that ::IrA r1isr.h::lrrlArI - - - ....;.; - - - - - - --- - -- i- - ------..-- -- ---- --.- ---i --- ------ --.- -'--.'-"v-- when the storage tanks are filling. She explained that small amounts of gasoline vapors affect the nervous system and can cause breathing difficulties. She further explained that the noxious odors which emanate from the storage of asphalt acts as a respiratory irritant that can trigger asthma attacks. She pointed-out that there are currently 2,150 residences within a one-mile radius of the current tank farm. She voiced her opinion that the increasing activity and growth of Coastal Fuels will surely affect the health and quality of life of everyone within that one mile radius and the surrounding community. She explained that with approximately 23% if Brevard's population age 60 and older and that percentage expected to increase during the next five to ten years, social service agencies and local governments will be challenged to address a broad range of age related issues. She advised that trees provide a natural barrier; they act as a filter for pollutants, and are a principal source of oxygen. She explained how destroying trees and other vegetation would affect the environment, and how ground water contamination affects the environment. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 5 In closing, Ms. Tennenbaum suggested that the City should consider creating a conservation easement in this area to protect the environment and property values. This will be more cost effective in the long run since taxpayer dollars account for 74% of the cost to clean up the site, and Coastal Fuels only 26%. Ruth Anders, representative and resident of Solana Lakes, gave an overview of her expert credentials. She requested that Section 110-354 (C) (6) of the City code allowing a special exception for liquefied petroleum tanks be repealed. She advised that she has written petitions from many residents in the City to support the request. She stated the reasons for their appeal request. She stated that the first reason was the serious safety hazards, health hazards, and property damages new tanks would create; second reason was that this special exception does not promote the public health, safety, welfare, comfort, convenience, appearance, or prosperity but instead does just the opposite; the third reason is that it would provide a permanent solution as no company, including Coastal Terminals LLC, could come back in two or three years and put the residents through this again; the fourth reason was that in the residents view, the present requirements are virtually standard less and are thus arbitrary and capricious and constitute the creation of a public nuisance. She explained that the special exception allows the storage of liquefied petroleum products without any distance requirement from residents or standards for safety, environmental, aesthetic, air, light, view, and noise or pollution purposes. She noted that there are no special standards to be met other than the fire prevention code; petroleum products in excess of 3,000 gallons should be in an established fire district. The city is far too developed to allow this situation to continue. She pointed-out that the existing tank farm was first implemented about 50 years ago and the last request for a special exception to construct more tanks was granted in 1991. At that time, Coastal Fuels was told no further expansion would be allowed. However, the City did not address this issue in its zoning code in the interim 16 years. She noted that none of the condominiums, townhomes, the Cape Caribe Resort, or other residential homes was in existence in 1990. She questioned how the City could allow these high rise density residential uses be developed so close to existing tanks. She commented about the notification process that was sent to the residents regarding the special exception request. In closing, she stated that the residents ask that the City repeal the special exception for liquid petroleum tanks in light industrial zones; and the citizens request that the City put a rnoratoriurn on any new tank special exception requests in the interim. She advised that the residents would appreciate notice of the City's decision as soon as they have the opportunity to consider it. John Grandlich, Representative for Cape Caribe Resort, commended the City's efforts for listening to the residents' issues and concerns. He believed the code does need clarification, at a minimum, and a repeal of the special exception would be preferred. He agreed that in the past the location of the storage tanks were okay, however, now it just does not fit into the City's plans. He advised that Cape Caribe Resort supports the efforts of the City and the public that is at this meeting in trying to repeal the special exception. Shannon Roberts, resident of Solana Shores, recognized and acknowledge the number of residents present at the meeting from Solana Shores who are at the meeting to support the issues that have been represented at this meeting. Planning & Zoning Board Meeting Minutes August 26, 2006 Page 6 Lee Ann Mann, resident of Port Canaveral Trailer Park, advised that she has seen suspicious things going on and has called the police. She voiced her concern for her health due to the outside and inside of her mobile home is covered with black soot. Anthony Garganese, City Attorney, explained to the Board their options to proceed. He advised that the Board should consider compelling testimony, and decide if the use should continue to be allowed in the M-1 zoning district, and should it be allowed any where near a residential area. He suggested that at a minimum, the City should impose more safeguards. He advised that the Board can make a recommendation at this meeting to the City Council. He explained that they can use the moratorium rule to give the City additional time to study the issue. Chairperson McNeely asked for the Board members comments at this time. Harry Pearson commented that the issue is liquefied petroleum products. If the Board repeals that section of the code, someone may want to store propane tanks, and there is nothing in the code that prevents that. He asked if special exception should be repealed. Donald Dunn commented that the issue is distance and compatibility during an extensive population growth period of residential. He questioned if the existing tank farm or expansion is compatible with residential. John Johanson commented that a tank farm is an extreme use in the M-1 zoning district and the City may need a transitional use between the existing tank farm and the residential areas. He further commented that the special exception request is not a public or city request, it is a private request. John Fredrickson commented that he would like the Board to hear a response from Coastal Fuels. Lamar Russell commented that the City Council should repeal the special exception use from the code. He advised that if the use is not allowed, then it is prohibited. Brief discussion was held regarding requesting the City Attorney to draft a proposed ordinance for the next agenda repealing the special exception. Alan Galbreath, resident of Solana Lakes, questioned if the existing tank farm would be affected. Anthony Garganese, City Attorney, responded that the existing use would become non-conforming. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to request that the City Attorney draft an ordinance to repeal the special exception for review and make recommendation at the next meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 7 There being no further business the meeting was adjourned at 9:30 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary 3v::1eeting Type: Planning & Zoning :Meeting Date: 9/13/06 AGENDA Heading Final Replat Item #d- No. ( AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Beachside Townhomes Second Addition Final Replat DEPT./DNISION: Building Department Requested Action: R-eview and recommend to City Council the proposed final replat for Beachside Townhomes second additions. Summary Explanation & Background: This request is for a final replat of lot 13, Block 5 of Avon-by- the-sea on the north side of Adams Avenue. Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The Final Replat drawing Building Official's Office Department ...-l:::- --7 ~ Y'L <15 ~~v -~ ~ r7'1 ~ ; . - APPLICA TION FOR PLAT REVIEW - DATE OF SUBlVIITTAL: {; (NOTE: SUB;\IITTAL iYruST BE SUBl\1ITTED A rvIIi'lThIUM OF 30 DAYS PRIOR TO TIIE PLA..l'11'ilNG & ZONlN"G iYIEETING; PLAT rvruST rvIEET THE REQl.TIRElYIENTS OF SECTION 98-41 THROUGH 98-62). Pi .,:l ,.~ I r) I IS THIS A PRELTIvDNARY PLAT, RE-PLAT, OR FlNAL PLAT? J . 4..f ! u.<(. A:."\1013NT OF FILJ:l\"G FEE PAID: $ 21150 kvl0UNT OF EKGL',TEERJNG DEPOSIT PAID: S 1001 00 DID BREVARD COtJriTY, GEOGRAPHIC RESEARCH DIVISION APPROVE mE REQUEST FOR STREET NAJ.vIE, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DO~"E PRIOR TO SUB~llTTAL).YES _ NO ~ N.A. />( . <or? PROJECT NAivIE: JYe PROJECT ADDRESS: 5 [):2./ f; i{ d"""iN'J nv~. (.c::tJ) e ' <#,..., LEGAL DESCRIPTION: ltd-/3 i,U<. ::? /fh.?p.l.. J3y r 1 .~ (' c-. L,...f- "2'3 T"c)!) ...->.' ~ vie- ;:) e"., .~C' r , I<v r ;L'f a<<,~ E I i / {) L-L..1..- ~-lA O\V~""ER(S) NA..v!E: .-1 0 .. a, ",1 S',:; 4/... OlV~"'ER(S) ADDRESS: '] i () It do '::'7 pi..! 5 9 ')'" t .. {' ( ;::/'7-'-'c>" Cc I t,.... ~'_ ~ ~""",,'}r-, C ~" 3.e-~ (,r" riY,:-,,-"'- _....-" ~_ I ;.i;... iI',,_, ~ ."-. [/ '.- "./~---4.<<''''',t m ~ ~ ~ r PROJECT ARCmTECT/E.t~GI:."."'EER: C L.tte G- J- ~ ,,- .. v PHO~""E NO. OF ARCffiTECTIE."GTh"EER: 4- 53 - '3 ~.) 6 5~ 4' OJ /1/i .1 APPLICk'iT(S) SIGNATURE: (t<.tell/' . Ii ()~/L/L'-~-'-./ ; ." f9~VvN"ERJ~' . I ._ ,_, ~7" '? . f.~;, . PHON"'E 1'tmT1BER OF O\V!''i""ERJh6Bff: (~ J- ,1-, .... -), I "l/ -./0 . . . . .., ". ~~ ( 7/) ~/ Lll'X UF CAPe; CANA VERAL PRELIMINARY PLAT, REPLAT t:. FINAL ;~~~'RECEIPT ''----.~""-". ."~, ._=~~' .'J f21/CJ./"t ,l <).1.t, " _ Project Name: / t:;';':.~.,-'">-''.''''\''' ,,;,'1'2 e")' J, ~-" ,.., j, L' i, < RESIDENTIAL: --~'-"'''.-''~'-'"''''';'', ""'. / 1; 2 & 3 Residential Units .............................................TOTAi;.. $37.50 J " ~ . \ \ '-....... Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit $ Total: $ C> COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOT AL:...............$ SITE PLAN EXTENSION:...... ................. ....................... .... TOTAL: ............. ..,$150.00 SITE PLAN RESUBMISSION: 50% of original fee.........TOTAL:..............$ ----------------------------------------------------------- ----------------------------------------------------------- DEPOSIT TO\.^1.ta..RDS REVIEW FEES: .....""".-_....-::1:~;~ .- '<; RESIDENTIAL: 1 - 4 Units ...................(. $700.QQ~) ~~..""."~.>>...".~~'''',.~.~. . Over 4 Units.................. $1,500.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres.....$2,000.00 Over 8 Acres..................$3,OOO.OO Total Acres: Office Use Only: Escrow Account # 1-202.2400 ===================================================~===~=== TOTAL REVIEW DEPOSIT RECEIVED: $ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ PAID RECEIPT NO. DATE RECV'D ~ - \ j:; ) l i:;; / ~ 01 OB04706 10: 00648 PLU PLU 2 $?:37c50 \(* -Z \0\ \ _ . / l, City of Cape Canaveral Site Plan Beachside Townhomes Second Addition Applicant: John Johanson Location: Range: 37 Township: 24 Section: 23 Proposed Amendment Acreage: 0.14 +1- Acres Permitted 15 DU per acre: 2 Residential Units Proposed Number of Units: 2 Residential Units Proposed Density: 14.28 DUlAC Current Future Land Use: R-2 Residential Current Zoning: R-2 Residential Description: The applicant proposes to build two (2), townhome units on a 0.14 acre lot. The subject site is located north of Adams Avenue and east of Rosi1and Avenue. North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Multi Family Single and Multi Multi Family Single Family Conditions Residential Family Residential Residential Residential Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,034. This is still adequate park space available. ~~, / , ;') l_y AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AlA :from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate I or 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the proj ect could generate is 600 gallons. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount the project could generate is 600 gallons. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston-Urban land complex (GA) soil type. The soils in this complex are well-drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be between 4-5 persons. ~~ I ,..r ) 0/ Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: August 10, 2006 Re: Beachside Townhomes Final Replat I have reviewed the Beachside Townhomes Second Addition Site Plan and don't have any comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. --~ (t> ) Ufl/ 09/05/2005 02:15 321-783-7055 STOTTLER PAGE 02 August 14,2006 Mr. Todd Peetz Miller-Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review - Beachside Townhomes Second Addition - Review #1 SSA Job No. 05-0025. Task 034-1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, SI~1Q:(~PAV~ ~O~~> tLoJ~SlO:t.L lZ.. 'T\.40lM,p.so,v 'iff! JD~ .David Roy Jones, PLS Chief Surveyor DRJ:jls Co: Susan L. Chapman ,r City Engineer's Review Fee For Review #1 - $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. \ /~ \ LV u;~oan sottDrWa'eMl\projel;ts'J;~pe\j..beachsrdE! fO\!.'11h::mes set;oiid add nn;j! pia! reviEW l.d~e Page 1 of 1 T odd Peetz From: John Cunningham Ocunningham@ccvfd.org] Sent: Monday, August 14, 200610:11 AM To: Todd Peetz Subject: Re: Beachside Townhomes Todd, We have reviewed the plans and have no comment at this time. \ (rt) 9/6/2006 ~ MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: September 1, 2006 RE: Beachside Townhomes Second Addition Re-Plat, Lot 13 Block 5 Avon by the Sea The Public Works Department has reviewed the Re-Plat of the above stated project and all previous comments and concerns have been satisfied. There are not any existing easement(s) that this re-plat will vacate. The Public Works Department does not have any further comments or concerns. - ~ C_V Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA Heading Proposed Ordinance Item # ~ No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Review and Recommend Proposed Ordinance for Repealing Section llO-354(c)(6) which provides for Special Exceptions for the Storage of Liquefied Petroleum Products within the M-l District DEPT./DIVISION: Building Department Requested Action: Review and Recommend to City Council proposed ordinance to repeal Section llO-354(c)(6), which provides for special exceptions for the storage ofliquefied petroleum products within the M-l District. Summary Explanation & Background: At the August 23rd Planning and Zoning Board Meeting, the proposed special exceptions for liquefied petroleum products was discussed. There was a large turn out of residents who provided information about the hazards and concerns of allowing a special exception for liquefied petroleum products in the M-l District. The Planning and Zoning Board Directed the City Attorney to develop language that would repeal the special exception for storage ofliquefied petroleum products. The attached ordinance is what has been provided by the City Attorney for your reVIew. Exhibits Attached: 1) Proposed Ordnance. I Planning Official's Office I Department I I I I I , /7 ~Z' ~~~ ....~ - r'"""'\ "-L\ ( ) ORDINANCE NO. 15-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 110- 354(c)(6) OF THE CITY CODE WHICH PROVIDES FOR SPECIAL EXCEPTIONS FOR THE STORAGE OF LIQUEFIED PETROLEUM PRODUCTS WITHIN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT ZONING DISTRICT; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under S 2(b), Art. VITI of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section llO-354(c)(6) of the City Code currently allows by special exception storage of liquefied petroleum products in the M -1 Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City has serious concerns regarding the storage of liquefied petroleum in the City's M -1 zoning district given its close proximity to dense residential development, as well as to Port Canaveral and the Kennedy Space Center; and WHEREAS, special exceptions for the storage of liquified petroleum may be creating incompatible land uses within the City; and WHEREAS, at its August 15, 2006 meeting, the City Council directed the Planning and Zoning Board to conduct a discussion at the Board's next meeting to hear the input and concerns of all interested parties with regard to the special exception for the storage of liquified petroleum and to consider the City's options regarding the special exception; and WHEREAS, the Planning and Zoning Board discussed the special exception at length at its i\ugust 23,2006 meeting and considered extensive input from numerous interested parties; and WHEREAS, the Planning and Zoning Board directed that an ordinance repealing the special exception be prepared; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape City of Cape Canaveral Ordinance No. 15-2006 Page 1 of 4 " 0) lY' Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stiikcout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE VII. DISTRICTS *** DIVISION 6. M-I LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT *** Sec. 110-354. Special exceptions permissible by board of adjustment. * * * (c) Special exceptions may be granted for the following: *** (G) Stolage ofliqud~cd PCtiokUlll plOducts, plovidcd that all such uses comply \1v ith the standatds set Ortt in thc Ndt~ollal r~lc; Ilotcction Association, P~iC Picvcl1tion Code. Abo\t g,lOUlJd stolafSc of liqu"fi"d pctlOkulil 1-'lVdu"b iil c;xcc;"" vf 3,000 gallant> t>hall be ill an established filc dist1ict. City of Cape Canaveral Ordinance No. 15-2006 Page 2 of 4 -... \ ~ (27-) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. (2&) Radio and TV studios. (.8.9) Shopping centers, provided the shopping center is on a minimum ten-acre plot and has a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the building code adopted in section 82-31. (2tB ) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (11) RCSGi VGd. (10W) Permanent security living facilities, subject to an annual review and the following: *** (llB) Restaurants. (121:-4) Public buildings. CU+5) Telecommunications towers, subject to the provisions of section 110-482. (14+6) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in contlict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Ordinance No. 15-2006 Page 3 of4 (dl \Z/ jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of ,2006. ROCKY RANDELS, Mayor ATTEST: For Against Burt Bruns Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 15-2006 Page 4 of 4 ~'. (5) ~ Meeting Type: Planning & Zoning Meeting Date: 9/13/06 AGENDA Heading Proposed Ordinance Item No. AGENDA REPORT f PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Review and Recommend Proposed Ordinance for Nonconforming Uses and Structures DEPT .lDIVISION: Building Department Requested Action: Review and recommend to City Council proposed ordinance to amend Chapter 110-191 through 110-201, zoning of nonconforming structures. Summary Explanation & Background: Proposed Ordinance is based upon joint workshops with the Planning and Zoning Board and City Council. The City Attorney has prepared the proposed changes to Chapter 110-191 through 110-201. These proposed changes reflect the discussion at the joint workshops. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department ;t!: J j - - ._~( ;r;+-{.,rI~ (l\ Ii j .J DRAFf August 16, 2006 ORDINANCE NO. _-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LA WFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NON CONFORMITIES THAT WOULD OTHERWISE BE TERL'\1INA TED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COJ\J:MUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article Vill, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council and Planning and Zoning Board, as part ofa comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Article V, regarding nonconformities, and determined on March 7 and 2 I, 2006, that revisions are required to clarify this article; and WHEREAS, the City recognizes the interests of property owners in the continuation of otherwise lawful uses and structures prior to the adoption of the City Code or lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or subsequent amendments thereto; and WHEREAS, the City desires a clear, concise and uniform regulation regarding the continuation of la\vful nonCOnf0TI11ing uses and structures unless otherwise more specifically regulated under the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City uf Cap~ Canaveral Ordinance No. - -2006 Page 1 of 15 \ ..\ ~. \ lV <' -../ DRAFT August 16, 2006 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative fmdings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent; rules of interpretation; buildin2 and fire codes; definitions. (a) Intent. This article is intended to permit the continuation of those lots. structures. uses, characteristics of use, or combinations thereot~ which were lawful before the passage of the City Code or which at one time had been lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or future amendments thereto. This article is designed to provide standards and guidelines for the control and rnanaeement of nonconfonning uses and non-complying buildings and structures, especially in regulating changes in the use ofland or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy. accessory and incidental uses, ex tension, enlargement, replacement, or any other change in characteristic. It is the intent of this article to pennit these nonconformities and non-compliances to continue until they are removed through discontinuance, abandonment or amortization, but not to encourage their continuation unless otherwise authorized under this article either expressly or by special permit. Such nonconforming uses and structures are declared by this article to be incompa tible with permi tted uses in the zoning districts involved unless the City Council issues a special permit based upon evidence that special circumstances exist in accordance with the standards set forth in this article. It is further the intent of this article that nonconfonning uses and stmctures shall not be enlarged upon, expanded, increased or extended, nor be used as L::t'Ounds for adding other structures or uses prohibited elsewhere in the same zoning district unless otherwise provided by special permit under this article. CIty of c,'pc Canaveral Ordinance 1'.,[0. -2006 Page of 15 -~ (~ ) \.....:./ DRAFf August 16,2006 :~Ti~n the distliets established by lhi5 ,-haptel 01 subsequent amclldlhCllts t11(lC cxist lots, stwetul(,s, plaecll101t of StluctlilC5, llSCS of land and stltlctwcs <1l1d ChataGtel;stics of tlse which woe la~ful prior to Enactment ofth(, ordinance nom which this scction i5 deli.cd or al11C1ldtw_nt, but which would GC prohibited, Iegulated OllcStl;ctcd undel the teltus ofth.l6 ~~~:~~ ~l ~~~scquellt amcndmcnt. It is the, intcnt of this chapter to pClnut thct.e ~0l1~O~[OI111itics to cUllllliUe, Gut not to el1COUlage thell eOlltilluall,-C. Stich nonconfolln1tles a:~c dc~la~ cd ihcOIHp,tiLk w itl~ pcuHit'.cd 10", '" ~c tuJ I', pldw~cll' of ," "dill '-'>, ;~' ;: ~::~~:~l:~tl~~ of ~c 11l applIcable dlstllCtS. It IS fUlthel thc mtcnt of thIb "h.\ t ~~~~~~~~~litl;~~CS sh~llll~t b.e lJ.sed as gIoullds [01 aJdlllg 01hel stwctrues 01 us"s p10111bltcJ elscwhele 111 thc 5e1111e dlstuct. (b) Rules or inter retation. Nothin in this article shall be inte reted as authorization for, or approval of, the continuation of any illegal use of a building, structure or land or illegal structure or building that was in violation of any ordinance in effect at the time of the assa e of this article or an amendments thereto. The casual intermitten( tem_o . or illegal use of land, building or structure or construction of an unlawful structure shall not be a basis to establish the existence of a nonconforming use or structure. A lawful buildin~ ermit issued for an buildin or structure rior to the enactment of this article the construction of which is in conformity with approved site plans, if applicable, and buildin~ plans shall be deemed nonconforming under this article if the buildin~ or structure is built in full compliance with the City Code as it existed at the time of the issuance of the building ermit. In the event there is a contlict with the rovisions of this article and a s ecific amortization provision requiring the removal or modification of a nonconformin~ structure or discontinuance of a nonconforming use of land, the provision which requires the nonconformit: to come into compliance with the current City Code the earliest shall apply. AllY building which is llldde-nonconfol1uing by v.lltue of this chapte1 shall be, aUovv"d t~ be replaced, if ;t is destroyed, to the .same standards that it was plioI to the adoption of this chaptcr (SCptClIIGCl G, 19&3). This shall also include rhos,- plojcets ~hi"h Ale. yet to be completed, but for II' hi-ch--zlppticntiou [01 sitc plan applO v~l has Gcw lllade Pl;Ol to adoption 0[thi5 "haptcr and for whidla-buitding pClmit \'vas obtained berore l'cb1tlMY 28, 1984. Ifa rcbuadillg is 1 cq u;l cd;-atf-cfforts-shatl bc madc, w hCl e plact;e,tbk, to (,o11fo1111 to the C^iS~ll~ zoning oldiusnce-:- (c) Buihfi!J.g and fire codes. No provision contained in this article, or elsewhere in the City Code, shall nul Ii fy, void. i1hrngatc or supercede any requirement contained in a building or fire code that is du Iy enacted by law. All nonCOl1fOlll1ing lots of lC(,Old as of S".I!tc,mb~l 6, 1983, shedl be allowed to Lc. used ill COl1stl uct;llg stlUdul es that have beel! destloy,-d. The rebuilt stI ucturc-witl be 1 cbtti-ft"1trC~s 1'1 aetieablc to the 01 ;ginal building and shall lhake '."li dfolt to confoll11 tv thc-cx1st1ng-zonilig oJdinall'-c. (d) Definitions. As..llsecl in this article, the following words shall have the meaning ascribed unless the context clearly indicates otherwise: Cily of C:'1)C Canavcral nce No. -2006 l'ape 3 of 15 ... /\ (j) , DRAFf August 16, 2006 ill Destroved or destruction shall mean damage by any means, except by vandalism or other criminal or tortious act by someone other than the property owner, such that the cost to repair or reconstruct the structure exceeds fifty percent (50%) of the fair market value of the structure at the time of destruction, as established by the Brevard County Property Appraiser or by a licensed appraiser, whichever is greater. (2) Lot of record shall mean a lot which is part of a subdivision recorded in the official record books of Brevard County, Florida, or a parcel of land described by metes and bounds legal description, the description of which has been recorded in the official record books of Brevard County, Florida, and complies with the subdivision ofland regulations of the City. ill Nonconforminr; or Nonconformity shaH mean any lot, structure, use ofland or structure, or characteristic of any use or structure which was lawful at the time of subdivision, construction, or commencement, as the case may be, which over time no longer complies with the City Code or other applicable law due to a subsequent change of the City Code or other law. This cha}Jtc! shall not be. consuLted to allow fa! the c.dcus;on 01 cJ!Lugclncnt of a liOneO!UOlllling, lot 01 buiIdillg, but is nlcrcly intended to aHowih", rebuilding of stwctules .'iftc1 tIle lCsult of a eatast10phe in as neal a simiIal [ashiol! as f>J aGlieabIc. (4) Stntctural materials shall mean any part, material or assembly of a building or structure which nffects the safety of such building or structure and/or which Supports any dead or designed live load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail. Sec. 110-192. Mobile home parks and single-family mobile home districts. (a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975, shall be pemlitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in :!ccordance with state law. (b) Removal and instal!:llioll of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. Sec. 110-193. Continuance of Nonconforming structures. The lawful use of a Ilollcon[onl1ing structure may be continued subiect to the following proVISIOns: City of Cape Canaveral Ordinance No. - .2006 Page 4 of 15 ~\ (9 .J , DRAFT August 16, 2006 ill No such structure may be enlarged or altered in a way which increases its nonconformity; ili2 Any structure or portion thereof may be altered to decrease its nonconformity; if} Should such structure be destroyed, it shall not be repaired or reconstructed except in conformity with the provisions of the City Code; and @ Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regu lations of the zoning district in which it is located after it is moved. Vlhcrc a lawful stmctule exists at the effGcti'Vc date of adoption or amendment of the ordinall('c .Gum wh~ch tL~;:, section is derived that could not be huilt ulldcI tIllS chapter beeausc of Iest.l~ctioh5 011 area, lot cOvelage, hc~ght, sctback 01 othCi characteli5tic5 of thG 6LIuetule 01 ~ts 10(;<'I.ti011on thc lot, wch stwctwe may be contlliued, so long as ittemains othcI wisc1awfully MtbjCGt to thG folIo I'i' iug. (1) Such StlUCtwc may not be enlarged or altcled ill a way whiGh ~ncIcascs its nOllconfollllity, but dll) stlLlctUIG 01 pOItion thCIGOf 1l1a:y be altGIcd to JG(,ceasc Hs nonconfolmity. ~-:? r ~hould wch st! uctuJ ~?C dcstlvycd by ~ll)' u:cans to an cxtcnt ormore than 50 pelce~t ~~ l;S ~d:r m~lket.value at lime of elestlUctlOl1, It shall not be. Icconstll::.ctcd, exccpt m confOImlty wIth thIS chaptel. (J) Should such structurc be moved fOf an} Ieason for any distancc whatcYel, it shall theleaftl.l cOllfoIm to the IcgLJ1ations or tile disLI;ct ill which it is located after it is mOved. (4) \'/hCl(' a lawful dwdling struetmc, located 011 a single. lot of ICCOld, exists at the effceti ~ e date of adoption 01 ,1lllGIldmcHt of the oIdihallGe L. om w hiGh tLi5 5eGl~01l i5 del; yed that GOuld not be built undcl-this chaptcI, such stll1etmc Ilia] bc lcpaired, enlarged, extended, rebuilt, 1 CCOHStl uGled 01 ;:, tlu'Ctnmlly alte! cd, pIO v ided that sctbal..,k dimcnsiollS, maximum lot cOYClagc, build~!!g setbaCK hnc5 dnd othLl Icql1~lel1lellts of the additional ~tll1ctuIe confolUl to the 1 cgulatiOll$ for the di:;trict in ,y hiGh SUGh lotis 10Gated. Any additional eonstl uetioll to an cxii>liHg stlL[([ua.; that CIIUOdGhes all 5ctbaek IcquilClllClltS hlliSt GOIl101Ill to the setback requirements of the zonilJg-distl iet. AllY legally established el1CIoachment on betbaGk rcquil ClllClltS lllay be IcpaiJ ed^0cLuilt, 1 GCOllS(! uc(cd or stl ucturally altel cd, but not enlarged or cxteIldcd, plO, idcd the c:n~aching pOL tio!! of the stl uettllG is an integral pal t of the St1tiCtuIC. Sec. 110-194. Continuance of NOIh'(lflforming uses of land. City of Cap~ Canaveral Ordinance No. ~2006 Page50f 15 I~\, ~\ ) ti . .- 1 DRAFf August 16, 2006 A nonconforming use lawfully existing at the time of the enactment of the City Code or any subsequent amendment thereto may be continued subject to the following provisions: ill No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area ofIand than was occupied at the adoption or subsequent amendment of the City Code: unless such use is changed to a use permitted in the district in which such use is located; ili1 No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the adoption or subsequent amendment of the City Code; if) No additional struchlfes which do not conform to the requirements of the City Code shall be erected in connection with such nonconfonning use ofland. In an} zoning dishict, at thv effective date of adoption 01 amendment o[tlle. Oldinallce. from ::h~e.h ~is s;~tiollis dC1ive.d, t'\>hcte lawful use orland e.xists that is made. no longe.l pC1ll1~~siblc mide.1 t1" oiJiual1CC flom which tIllS section is d(,1i v cJ, as "naeted 01 am.e.nded, illld whele. sth.,h use involvGS liO individual stIUctwe with a leplacement cost cxcec,dillg $2,500.00, such use may be continued, 50 long as it lemai.us otl:rcrnise lawful, subject to the rollow';"lg. ~~ ~~(') sn;h llonconfolluillg use shall be (,ulalgcd, ine.lcased or extended to oecttpy a gIe.atG1 alca of LInd tLan waS-OCvupicd at the effectve date. of adoption 01 ame.ndme.lit of the ordillilIlccfrom ...hich this section is delived, unless such use is e.hange.d to a use PCllllitted in the disiI~d in whi"h sueL use is located. (2) No sndl nonconrolming Lise shall be moved in whole 01 in part to illl)' othel portion of the lot 01 pal eel occupied by slIdl use at the cff"cti \le date of adoption or ame.ll.1ilCnt of the. oldinancc fIom which tLis-scction is dCl~v(,d. (3) If any suchnollGonf0lJllillg use oflalld e.eascs fOl any IGMOn fOl a pCl~odofllivlG than 90 c01l5ecuti v e d,\ys, any sub:qtlcl!t use of SLleh land shall eonfonn to the sections specified by thif> clldptel 1'01 the, distlict-iwwhich such LnJ is lo"ated. (4) No additional shueturc-which docs not confo1111 to this chapter shall be elected in conncct;on witi! such nonconfOlIl1ing use ofland. Sec. 110-195. Noncon forming uses 0 f s ructu res or of structures and premises in combinatioDi chan2e of use. If a lawful use involving indi\'iJJJ:1Lstrucrurcs. Of of struchlres and premises in combination, exists at the adoption lH subsequent ~.. lcndmcnt of the City Code, that would not be allowed in the Cily of Cape Canaveral Ordinance ~'Jo. -- .2006 Page 6 of 15 /~ (j) ~ / 1 DRAFT August 16, 2006 zoning district under the terms of the City Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: W No existing structure devoted to a use not permitted by the City Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located; (Ill Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this article but no such use shall be extended to occupy any land outside such building; ill Any structure, or stmchlre and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; and fill Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the stmcture shall eliminate the nonconforming status of the land. If a law ful use i11,ol vill~ i11di~yjdual stl uetUlcs 01 of stlueturcs and p1Gmi.'K5 in GOmbination, with a 1"jJlacem('llt cost of$2,500.00 01 w01" 1-'(,1 illdi ~ idualst:L uctmc, e,xists at t1e, cfreai ~c date. of adojJtiOH 01 ame11drl1ellt of the, oH.lilldllec fi01U ~hich tLis section is dC1i,cd that would Hot be allowed ill thv distl~d WIeld this c]J11pLr, the lawfullbc may be cOIltinued, so lon~ a5 it IGlhains otheB,isc lawfLI!, ",ubjcGt to the follQnr1rrg:-- (1) No CXiSUllg stluctUH_ J..vote,d to a use not pClll~tted by this ..hapt"l ~n the d)5tlkt ill which it is located shall bc-cnLdg",d, c\.tcnded, COllstlUetcd, 1ceonstt uded, 1110 ve,d 01 st:LnctUlally altCled, except in-c],anging the use of the stIuetUle to a use PCllliittcd in the district ill whiclJ ~t isloeated, (2) AllY nOlleonfolJning use 111dy be extended tmoughout any parts of a buildill~ w hi"h wele 111al,j[cstly Zlllilnged olcksigned fo! $U..h use at tIle tiLue of adoption 01 amcndment of the 01 dillanee-fro111 I'i hich th;~:,t:;.:tioI1 is deli v cd, but no such Ui>C shall be GxtGlldcd to oecup)' any lalld outside :,uch building:-- (3) Al l]Struct II I e 01 stllTctmc-al1J laud in combination, in 01 on ~hich a nonconful1uing use is sUjJerseded by a pelllljttcd USG, ",lwll thereaftel conform to the legulatiolls 001 the disU~ct ill \vhidJ such stluctt:rC is located, and 1lonconfo1millg use may not th(,leaftel Le rCSU1iIed. (4) \1.'1!\:.T!7M!OnCOllfollllj'.~;CLe of a "ttlllturc-or-stntctule and l-'lc1{li~",s in combination is discuntilIned o~b,1lldondl~:)r $iK C0115ccuti v c months 01 hlr 18 months duLing any tm(,c- City of Cape Canaveral Ordinance t-lo. --- -2006 Page 7 of 15 )---~ li) , ~ i v j DRAFT August 16, 2006 )leal puiod, except when guvGwlllCllt adiOll impedes access to the plemlscs, the stluGlule or Si1 ueture and pI emises ill eombillatioli 5h<11111Ot thereafter bc used, except in G01l.rounance with the legulations of the distl~et~! which ~t is located. (5) \Vhelc noncunforming use status applics to a so uetme and pI Gmis,s in combination, remo v al 01 dcstI uct~Oll vf the, 5b uctl11 e shall clim~nate the nOlleonfoIUuuo status of the land. The tew! "dc5tllletion," fOl thc pLupOSG of this stibsect;on, meal15 damage tv an v",kIlt of mon th(1n50 peleent oftlle fairlmukct value at time. of dcsuuetion. (6) The following schedule shall be followed ill twuuiating nonconforming use of stlUetulcs 01 of ~tI uetu1es alId pI cmisG.5, c",cept [ollesidcntial uscs, such tGlulillat.iol1 pCliod shall eOlwllClleG August 4, 1971. TADLI: INSET. +ime Assessed '." uluution Allowance ofhnplovCniCl1ts Termination in Y cars $ 1,000.00 $ 2,499.00 &- 2,500.00 1,999.00- .w-. 5,000.00 9,999.00 :6Q- 10,000.00 24,999.00 J{}-. 25,000.00 19,99~ 4Q-. 50,000.00 oycr W- (7) AllY 11e IV or additiond-mc wh~eh is llol1eonfi:mning shall not be. PCll1.1.ittcd. illf&] Notwithstanding subparagraphs (a) through (d) of this section ffl, the board of adjustmcnt may grant a change of use (used in conjunction with a nonconforming structure and premiscs) from onc nonconfomung use to another nonconforming use which is equally or more restrictive, equally or less intensive, and equaily or more compatible with the surrounding area. A petition [O! .1 change 1>ha11 be 6ublllitted to the building offiGlal and shall ,auta;1lo1 bc subject to the follo\\,ing. (11 A 11 application for a change of use shall be submitted to the building offlcial -'-'-' and shall include the l;')jlowing: a. The property owner's name and addrcss, a recorded deed indicating Cily of Cape Canaveral Ordinance No. -- -2006 Page 8 of 15 /'''\ \ tv <- DRAFT August 16, 2006 ownership and the legal description of the property. b. An affidavit executed before a notary public under penalty of peljury attesting to the existing use and the date the use was established. c. A sealed, as-built surveyor a scaled drawing of the site along with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square footage of all structures, setback of all structures, and distances between structures. d. An application fee as established by the city council to be set forth in appendix B to the zoning code. e. Clear and convincing evidence that demonstrates that the proposed nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area than the present nonconforming use. ill The due process and notice provisions set forth in section 1 10-28 shall apply to all applications for change ofuse. Q}f:: All proposed applications for change of use shall be submitted to the planning and zoning board for its study and written recommendation to the board of adjustment. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. i1}g:- Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall issue a written order certifying whether or not the proposed nonconforming use is equally or more restrictive, equally or less intensive, and equally or more compatible than the present nonconforming use. The board of adjustment shall consider the written recommendation of the planning and zoning board as part of the official record when hearing an application for change of use. ill All change of us!.' recommendations and final orders shall be based on the following relevant factor;, including, but not iimited to, whether the requested use: a. uses less ;,Dace; b has fewer ..'mplovees; c. requirc:;ll'C;s rarking; City of Cape Canaveral (I.Jinancc No. -2006 Page 9 of J 5 f" _ (Jj . ~ .,. DRAFT August 16, 2006 d. creates less traffic; e. has fewer deliveries; f creates less noise; g. creates a better benefit to the surrounding area than the previous use; h. is more acceptable with the existing and future use or make up of the area; I. is more normally found in a similar neighborhood; or ]. crea tes less of an impact than the present nonconforming use. h. Notice shall be given at least 15 days in advallGe o[the publie hearing. The OWllC1 cftLG p1vj!c;;rtrf01 ",hieh applOval is sought 01 his agent shall be uotificd by celtif'lGd mail. Notice of such he,u1ng shall be posted 011 the plOpelty fOl whic.h the chang.: of nonconfollu1"lg use 16 .sought and at the city hall. I. A courtesy notice may be mailed to the pIOpGlty OwnelS oflceOId within a radIu6 0[500 feet, j!royided, hOl'I'CvCl, failule to mail orlGeci~" such comics, notice 5halll1ot affect all)' aeC011 01 piOeeedIugs taken undOl this altkh J. Any pal t.$' 11ld; dj!pCaI ~u pC,H,on 01 be Ieplcsentcd by an "ttOlIley at the public hearing. k. The Lvald vf ddjustment shall make ~1ittcll findings GGltifying cOwpliance in the sal11e maIlller tLat ~s pI 0 ~ ided f01 in sectio11 110-47 of this chaptGr. In addition to the elitCl ia containcd III section 110-47, the board of adjustrucnt shall also detClllliHe i[the plopos-cd 1l011confoll11ing use is mOle 1(,st1;"tive, kss intensive d.ud mOle eompi1tibk 01 .lj1i_Jl(jpliate than the pleSel1t noncol1[onni.ng use and in it5 dcteIlll~lJ.tion the bO':lTCI of <IJj Llstmc;;l1t may collsidel, including, but hot lirllitcd to, the follovving. 'Nill the lequested use (i) use less space, (ii) have. fewel cmplojiees, (iii) 1 (quire less j!a1Lng, (i v ) eI cate less [,affic, (~ ) ha \ G fe\~ 01 dd~ Vel~es, (9 i) GH.atG kss-nois~, ( \ i;) '"" '::dt::~rh..tt(.l bClief:tt-ttr;)UITOUl1ding area than pIC v iou5 USG, (~i~~) be mOle d((CjJ[able ''Iitb-tLe existiIlg dnd futLlIG use 01 make up oftlle alGa, (ix) be male l101l1lally-found in a simihrrncighborhood, 01 (A) Le of ales!> illipact than the plG5Gnt nOllcol1ful111i11g use? Sec. 110-196. Nonconforming lots of record. In any zoning district in which single-family dwellings or dUR!exes are permitted, a single- (tty 0 f Cape Cana vcra] rdinancc No. -2006 f':lgc 10 of 15 - r;:~) ~ '" DRAFT August 16, 2006 family dwelling or duplex, and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the applicable zoning district. Sec. 110-197. RepaiI 5 Aud fuaiutLmmce; Abandonment. fi1 A nonconforming use of a building or prerrilses which has been abandoned shall not thereafter be retumed to such nonconforming use. A nonconforming use shall be considered abandoned: ill When the intent of the owner to discontinue the use is apparent; or ill When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within OLe hundred eighty (180) days, unless other facts show intention to resume the nonconforming use; or ill When it has been replaced by a conforming use; or ill Where the use is discontinued or abandoned for a period of more than one hundred eighty (I 80) consecutive days or for eighteen (I 8) months (545 days) during any three-year period. (b) The city council mav grant extensions of time for a nonconforming use ofa building orprerrilses, which would othcl'A'ise be considered abandoned pursuant to subsection (a), to continue if the abandonment was directly caused by an act of God or other emergency situation outside of the contr.cl) of the property owner. if) In the event a more specific abandonment, discontinuance, or amortization provision is stated elsewhere in this Cil\'Codc for a specitic nonconfonning structure, land use, or land area, the abandonment, discuIltinuance, and amortization provision which requires the nonconformity [0 come into compliance with the current City Code the earliest shall apply. @ No proVIsion contai!,.,1 in this artick1 Or elsewhere in the City Code regarding the abandonment. discontinuanCl or amortizat ion o fnonconfonning structures or land uses shall nullify, void, or abrogate a/ similar provision contained in a duly executed binding development aQrecl11ent aPfY vcd bv the City Council. (a) Oll ,mybtlildin~ok=hrrwlrok O! ill pJrt to ally IlO!lCOllfOlming use, wOlk may be dOlle ;U ,Ill lPcrion of 12-con:;;utrv'C1110n th,,-c n--ordilld!) I '_pdil~ 01 all! cpail ollCplaGcJllcnt of nonbeciJ i ng-'YCiHs;-fiduI e:-:;-'Yll-tng-orpittmbiTl'sto all txtent hot tKcccding tell pClccnt of City of Care Canaveral OrdinJ!lcc P:lgC i 1 of \ ((1') ~ . ,- DRAFT August 16,2006 the leplacement ..aIUG oftLe bullding, provided that the cubic content o[t11e building as ~t existed at thc tim" of pass.1Q,c 01 amendmel!t of the oldinance from which this section ~s deli ved shall not be iuel cased and, plO v idcd [UltLo, that such lepail olleplaGement shall Hot a[[\,;et the assessed valuation-tinle allowance befole tel111~.uatioH setting the time limit ful confolmity, set forth in section 110-195(G). (b) Nothing in this (hapk! ~hall be Jccmed to plcvent the sbengthcnillg 01 lcstOling to a safe condition of an)' buil,:ing 01 pM t theleof declalcd to be unsafe by an offiGial ehalged with protecting the public 5:lfcty, upon O!JCl of "ueh vfficial. Sec. 110-198. Tempol al ~ Repairs and maintenance. ~ Reasonable routine repair and maintenance of nonconforming structures is permitted and is not a change which would terminate a nonconforming status, provided the work is necessary to keep the structure in a state of good repair. The work may include the replacement of existing materials with like materials. However, repairs and maintenance may only be authorized by the city council pursuant to section 110-200 or by the building official provided that the building official detennines compliance with the following: ill The repairs and maintenance comply with applicable building and fIre codes. ill No violation of Sections 110-193, 110-194, 110-195, 110-197 exists. ill The permittee shalL~e in compliance with all other applicable provisions of this "rticIe. ill There are no pending code en forcement actions or liens existing on the subject properly. (2} Ifrep!acemerJ materials are invo Ived, such replacement may not exceed fifty percent (50'%) of the fair market value of the struchlre, as established by the Brevard County Prof1crty Apfraiser or by a licen~ed appraiser, whichever is greater. @ Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of l);j~ building or part thereof declared to be unsafe by any official charged with protectiflg the rllJ)! ic safelv, upon order of S1 'ch official. J-Jowever, this subsection shall not be cOIlslr~It,'d :1; a means of circumventi','2 Ihe intent of this article calling for the elimination of nonconforming struchues by allowing a nonconforming structure to be substantialIy rebuilt_50 as I) extend the ordinary and natural life of a nonconforming structure. ill The buildin:: oilicial )authorized to p_cri'lit structural alterations to nonconforming structures in instances where I he Occupalional Safety and Health Administration ("OSHA") City orc.'l'c C,lILl ,d Clrdin:1I1cc No_ -:'1:1'6 ]:2 () [ 1 0~\ r ~ ) ~ ~ ,. DRAFT August 16, 2006 requirements necessitate alterations, provided the alterations shall not be authorized primarily to replace deteriorated materials. Pemlittees shall be required to produce verification that said alterations are required by OSHA including, but not limited to, a citation to all applicable OSHA regulations and any OSHA notifications requiring the alterations. (d) This section does not apply to structures used for single-family dwelling or two- family dwelling purposes which structures may be renovated, repaired, or replaced in accordance with a lawfully issued building permit. The casual, intc.rulittcnt, tCllipOlary 01 illegal use ofland 01 sb Dchues shall not be sufficient to c.stablish the cxj~ tcnccvf-a-norrconfolll1i.rlg Lese. S LId, Lise shall not be validated by tIle adoption of the. old~.uClllce Lom V\ bich-1his section is dCI i,'-cd;tmk.ss 1t eOlll1-'I~\..." \'i 1t11 this chaptGl. Sec. 110-199. Reserved-; Temporary Uses. The casual, interl11 ittent, temporary or illegal use ofland or structures, or construction of an unlawful structure, shall not be sufficient to establish the existence of a nonconforming use or structure. Such use or structure shall not be validated by the adoption of this article or amendments hereto, unless it complies with the terms of the City Code. Sec. 110-200. Resel \w-:- Lrcdal permit. ~ The intent andpurpose of this section is to recognize that there are limited and special circumstances where overall comnlilliifY and pub15c.Jlolicy obi~(;tives of the City encourage, and shall be served by, the continuation of some nonconforming uses and structures provided said uses and str~i.l::UJres are not detrimental to the surrounding neighborhood and to the community v;';:lCs'st:lblished in the City's Comprehensive Plan and City Codes. The City Council desires to establish specific standards for this category of special permit in order to allow the continu:ltion of some nonconforminr..: uses and structures notwithstanding any contrary provisions.()J' this :lrticle or City Code. f1U The City Council, at a duly held public hearing, may grant a special permit to allow the continuation (,f.;lDilflconfonlling use or structure provided the following terms and conditions are strictlv satisfied: :.c'.Llcr oftl}~J)IOr_crt.'i.0JllVhich the nonconfonnin i? usc or structure exists 'I pcrmit aprlication rrovidcd by the City; and ill ILc ;1iml iC::!H demonstrates that tile continuation of the nonconforming use or structurc' a. is C_:1p:1 bIe of contl'ihuti nc;j 'l:1Rg~iJi.'ie way to the character and serves tlll~:.~~':stJhc community includinQ re-occupancy for the accommodation City ofCapc Can:]' ('ral o ru i Will C t' -- p" I of I ........ \ (11) ~ ~ " ,.. DRAFT August 16,2006 of neighborhood walk-to-service uses, walk-to-work opportunities, and live- work spaces; reuse of buildings with architectural or historic value; and reuse of buildings that generate a significant economic benefit to the community; and b. IS compatible with, and not detrimental to, the surrounding neighborhood in terms of traffic, noise, parking, odor, light, intensity and land uses, hours of operation, landscaping, aesthetics, structural design, and density; and c. is consistent with the community values, objectives, and policies esta_blished in the City's Comprehensive Plan and City Code. if} The City CouncjJ may impose conditions and safeguards as a condition of approval of any special permit granted under this section. Sees. 110-f99201-110-220. Reserved. Section 3. Repeal of l)rior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in contlict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorpor:, ion Into Code. This ()rdinance shall be incorporated intQ the Cape Canaveral City Code ~iiici any seCtion or paragraph, number or letter, and any heading may be changed or modified as nccessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinanc ~lrd tbe City Code may be freely made. Section 5. Severa b il i t y. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for :ubslantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and indpendent provision, and such holding shall not affect the validity of the remaining portions ofthi:; Ordinance. Section 6. Effective Da Ie. This Ordinance shall become efrective immediately upon adoption by the City Council of the City o~-Cape Canaveral, Floric!J. ADOPTED by the City Cound of the City of Cape Canaveral, Florida, this _ day of ,2006. -- ROCKY RANDELS, Mayor ATTEST: For Against City orCapc Cal1J\'Cf:i1 Ordin,lnce No. -,," -lOUh Pagcl4ofl5 ~) U/ , ~y'". ,.' DRAFT August 16, 2006 Burt Bruns __ Bob Hoog Leo Nicholas __ SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canavwi; only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _ -2006 Page 15 of 15 ~ (/ Iv) ~ Heeting Type: Planning & Zoning Meeting Date: 9113/06 AGENDA Heading Discussion Item # 6: No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANA VERAL SUBJECT: Discussion Chapter 2006-88 - New Law that creates Section 166.033 F.S. DBPT.lDIVISION: Building Department Requested Action: Discussion regarding new law in the Florida Statutes that requires written notices to applicants that cites applicable sections of the ordinances, rules, statutes or other legal authority. This item is to be discussed for informational purposes. Summary Explanation & Background: This new change to the Florida Statutes will affect how denied applications are processed. The City Attorney will provide a brief overview of the changes to the Florida Statutes. Exhibits Attached: 1) Letter from the City of Attorney with proposed change in the Florida Statutes. Planning Official's Office Department .-r vv\ BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attornrys at Law Debra S. Babb-Nutcher' Offices in Orlando, Kissimmee, Cocoa, Scott J. Dornstein Joseph E. Blitch Ft. Lauderdale & Tampa Andrew M. Fisher Usher L. Brown - Mitchell B. Haller Suzanne D'AgrestaD Katherine W. Latorre Anthony A. Garganese" Amy J. Pitsch J.W. Taylor - Jeffrey S. Weiss - Erin J. O'Leary Catherine D. Reischrnann Williarn E. Reischmann, Jr. -Board Certified Civil Trial Lawyer Of Counsel "Board Certified City, County & Local Government Law .'." June 16, 2006 Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape t.ana\leral, F'lorida 32920 Re: Chapter 2006-88 Dear Bennett: The Governor recently signed into law Chapter 2006-88 regarding the issuance of development permits by municipalities. This new law creates Section 166.033 Florida Statutes which provides: When a municipality denies an application. for a development permit;. the r:;unic!~a.litj shaH give' v'..r;t~a;i r.ctioe to U'it~. s'ppiicanL Tt,8 notice rnust include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. As used in this section, the term "development permit" has the same meaning as in s. 163.3164. Section 163.3164 defines a development permit to mean any building permit, zoning permit, subdivision approval, re-zoning certification, special exception, variance, or any other official action of local government having the effecti\!e permitting the development of land. The new law is effective October 1, 200(3 Given the breath of the definition of development permit, this small change to Chapter '166 will have a very significant impact on the manner in which a municipality denies a development permit. As written, this new law will apply not only to the City Council in their role of reviewing development permits, 225 East Robinson Street, Suite 660 . PO. Box 2873' Orlando. Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (B56) 425-9566. r-t Lauderdale (954) 670-1979 Website: vlWWorlanaolaw.net. Emarl: finm@cr/anjclavvnet Boucher, B. June 16, 2006 Page 2 but the law will also apply to other quasi-judicial boards and administrative personnel (e.g. building official) that have final decision making authority regarding development permits. I recommend that this letter be provided to the members of the City Council, quasi- judicial board members, and other City personnel who have authority to deny a development permit. I also suggest that this letter be provided to advisory boards who make recommendations regarding development permits, like the P & Z Board/LPA. These boards should ensure that they clearly articulate the reasons for their recommendations, (;spcc'ia';;~: rec.C:0-;~;~Gnjat~0sS t(~. .de-r:y. ~"'~'='4e.!-oprr~'e'_~l~ p'errn.;t .....$.;:. :,...,-...... Please feel free to contact me should you wish to discuss this further. Enclosure AAG/slb CHAPTER 2006-88 Committee Substitute for Committee Substitute for Senate Bill No. 1112 An act relating to the denial of development permits; creating s. 125.022, F.S.; requiring a county to give written notice of its decision to deny a development permit; specifying information that the notice must include; defining the term "development permit"; creating s. 166.033, F.S.; requiring a municipality to give written notice of its decision to deny a development permit; specifying information that the notice must include; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 125.022, Florida Statutes, is created to read: 125.022 Development nermits.-When a county denies an application for a development permit. the county shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance. rule. statute. or other leg'al authority for the denial of the permit. As used in this section. the term "development permit" has the same meaning' as in s. 163.3164. Section 2. Section 166.033, Florida Statutes, is created to read: 166.033 Development permits.-When a municipality denies an applica- tion for a development permit. the municipality shall give written notice to " the ap-plicant. '!'he notice must include a citation to the applicable portions of an ordinance. rule. statute. or other leg'al authority for the denial of the permit. As used in this section. the term "development permit" has the same meaning' as in s. 163.3164. Section 3. This act shall take effect October 1, 2006. Approved by the Governor June 7, 2006. Filed in Office Secretary of State June 7, 2006. .. 1 CODING: Words strickon are deletions; words underlined are additions. CV