HomeMy WebLinkAboutP & Z Board Packet October 25, 2006
City of Cape Canaveral
PLANNING & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
OCTOBER 25, 2006
7:30 P.M.
Call to Order
Roll Call
NEW BUSINESS
1. Discussion Re: Staff Report on Existing Liquefied Petroleum within the
City.
2. Review and Recommendation to City Council Re: Proposed Ordinance
for Proportionate Fair-Share Mitigation of Development Impacts on
Transportation Corridors.
3. Discussion Re: Creating a Checklist or Matrix for Special Exception
Reviews.
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
('r\llnr-il Qf"\,,::)r"f-l Af llrlillC"fmont ("nrln t=nfr\l"'r-oY'Y'\ont r"nrllr\l'" ("r\yy"'n"Y'\llnif" ^ nnr'v..')"'""I'"'\......r\ O_,,"",i"'rI
'-'VUIIVII, L-IVUIU VI /\,UJUQUllvlll., \JU\...,n:, L-IIIVlvV"IIICiIIl. GlIIU/UI \JUIIIIIIUIIILY f\tJt-'vQIClllv'G UUClIU
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) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247
www.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com
Meeting Type: Planning & Zoning
rv1eeting Date: 10/25/06
AGENDA
Heading Proposed Ordinance
Item #1
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Discussion - Building Department's Report on Liquefied Petroleum
DEPT./DIVISION: Building Department
Requested Action:
Review the Report on Liquefied Petroleum and provide further direction to staff
I
Summary Explanation & Background:
As a result of a series of meetings regarding Coastal Fuels and the difference between liquid and liquefied petroleum. The staff was
directed on September 13th to evaluate the existing condition of Liquefied petroleum within the City. The report was to include
location, approximate size and separation from surrounding uses. The report is now available for discussion.
Exhibits Attached:
1) Report on Liquefied Petroleum, 2) minutes directing staff to prepare.
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Planning Official's Office Department
,
\
Memo
Date: October 17; 2Q06
To: Todd Morley, Building Official
From: Duree Alexander, Code Enforcement Officer
RE: Liquefied Petroleum Storage Tanks
In accordance with the Planning and Zoning Boards request I am providing this inventory.
The purpose of this inventory is to give a broad picture of how liquefied petroleum gas is currently stored in
the City.
The methodology used for this research included the following:
~ Personal site visits
);> Interviews with property' owners
~ !nterview'vvith Jeff Roberts, City of Cape Canaveral Fire Inspector
);> Interviews with on-site supervisory personnel
~ Correspondence with the following LP suppliers:
. AmeriGas 4190 S Highway 1, Rockledge
. Discount Propane, 100 S Hopkins Av, Titusville
. Suburban Propane, 1351 N Hwy 1, Titusville
. Tru Gas, 206 E. New Haven Av, Melbourne
PROPANE STORAGE TANKS PER CITY OF CAPE
CANA VERAL CODE OF ORDIANCES
C-1 Low Density Commercial District
Sec. 110-334. Special exceptions permissible by board of
adjustment.
(c) Special exceptions may be permitted for the following:
(3) Automotive service stations, subject to the following:
b. Underground storage is required for all receptacles for combustible
materials in excess of 55 gallons. Such storage shall comply with all
Environmental Protection Agency standards.
C-2 Commercial Manufacturing District
Sec. 110-383. Special exceptions permissible by the board of
adjustment.
(c) Special exceptions may be permitted for the following:
(6) Sales of new and used automobiles, major recreational equipment and
mobile homes with accessory services, subject to the following:
c. All servicing and repair activities, except gasoline pumps, shall be
located in an enclosed structure.
M-1 Light Industrial and Research and Development District
Sec. 110-354. Special exceptions permissible by board of
adjustment.
(c) Special exceptions may be granted for the following:
(6) Storage of liquefied petroleum products, provided that all such uses
comply with the standards set out in the National Fire Protection
Association, Fire Prevention Code. Above ground storage of liquefied
petroleum products in excess of 3,000 gallons shall be in an established
fire district.
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PROPANE STORAGE TANKS
BUSINESS: Spaceport BP
AlJDJ.<bSS: 8000 Astronaut Blvd.
ZONING DISTRICT: C-I Zoning District
NUl\tlBER OF PROPA1~R STOR-AJiF. T~ANKS: One
ABOVEGROUND XX BELOW
STORAGE CAPACITY: 1000 Gallon
LOCATIOl'.J Ol'.J PROPERTY: t~olih West side of property
DISTANCE FROM NEIGHBORING PROPERTY:
168' from the North side of property
55' from the West side of property (side walk at AlA)
TYPE OF BUFFERING: None
DA TE: 09/29/06
PHOTOS TAKE}{: 09/29/06
Attachments: Photos, Aerial View, Brevard County
District Map
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PROPANE STORAGE TANKS
BUSINESS: ACE Hardware
ADDRESS: 8300 Astronaut Blvd
ZONING DISTRICT: C-l Zoning District
:t~U~fBER OF PR_OPANF, srrOF~A~GE T.LA1~JKS: One
ABOVE GROUND XXX BELOW
STORAGE CAPACITY: 1000 Gallon
LOCATION ON PROPERTY: South East side of property
DIS'l'ANCE FROM NEIGHBORING PROPERTY:
60' to F:ast side propeIi'j line
39" to dumpster fencing
TYPE OF BUFFERING: None
DA TE: 09/29/06
PHOTOS TAKEt~: 09/29/06
Attachments: Photos, Aerial View, Brevard County
District Map
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PROPANE STORAGE TANKS
BUSINESS: AJT, LTD
ADDRESS: 8910 Astronaut Blvd
ZONING DISTRICT: C-2 Zoning District
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ABOVEGROUND BELOW XXX
STOR_AGE rAPACITY: 1000 Gallon
LOCATION ON PROPERTY: North East side of property
DISTANCE FROM NEIGHBORING PROPERTY:
40' to East side of building
20' North East ofA/C fence
90' from East neighboring property
TYPE OF BUFFERING: None
DATE: 10/12/06
PHOTOS TAKEN: 10/12/06
Attachments: Photos.. Aerial View.. Brevard County
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PROPANE STORAGE TANKS
BUSINESS: Purcell's Distributors, Inc.
ADDRESS: 9010 Astronaut Blvd
ZONING DISTRICT: C-1 Zoning District
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ABOVE GROUND XX BELOW
ST()R_A(jE Ci\PACITY: 100 Pound Cylinder
(2) Tanks for Forklifts *see attached photo
LOCATION ON PROPERTY: Cylinders stored inside
building near bay door.
DISTANCE FROM NEIGHBORING PROPERTY: N/A
TYPE OF BUFFERING: None
DATE: 10/13/06
PHOTOS TAKEN: 10/13/06
Attachments: Photos, Aerial View, Brevard County
District Map
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PROPANE STORAGE TANKS
BUSINESS: United Space Alliance
ADDRESS: 250 West Central Blvd
ZONING DISTRICT: C-2 Zoning District
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ABOVE GROUND XX BELOW
STORAGE CAPACITY: 100 Pound Cylinder Tanks for
Forklifts
LOCATION ON PROPERTY: Cylinders stored in rack
abutting Ease side property line
DISTANrE FROM NEIGHBORING PROPERTY: none
TYPE OF BUFFERING: Chain link fence and vegetation
DA TE: 09/29/06
PHOTOS TAKEN: 09/29/06
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PROPANE STORAGE TANKS
BtJSINESS: Arthur Jonathan
ADDRESS: 8700 Commerce Street
ZONING DISTRICT: M-1 Zoning District
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STOP'-.LA..GE C.1.,\Pi\CITY: 120 Gallon
LOCATION ON PROPERTY: North West corner of
building.
DISTAt~CE FROrvl }~EIGHBORll~G PROPERTY: 15'
from north property line
TYPE OF BUFFERING: Chain link fence and vegetation
DATE: 09/30/06
PHOTOS TAKEN: 09/30/06
Attachments: Photos, Aerial View, Brevard County
District Man
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PROPANE STORAGE TANKS
BBSINESS: . Marshall Manufacturing
ADDRESS: 200 Imperial Blvd.
ZONING DISTRICT: M-l Zoning District
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STOFAGE C.i\PACITY: 500 Gallon
LOCATION ON PROPERTY: North West section of
property
DIST.lA.'1..1~CE FRO}v11'-JEIGHBORIl'~G PROPERTY:
90' from the North side of property
100' from the West side of property
TYPE OF BUFFERING: Chain link fence and vegetation
surrounding property
DA TE: 09/29/06
PHOTOS TAKEN: 09/29/06
Attachments: Photos, Aerial View, Brevard County
District Map
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PROPANE STORAGE TANKS
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... ..BBSINESS:i\meriean-Europearr-Ba[ery ....m ...m..m.._ --------------------
ADDRESS: 407 Imperial Blvd. Unit D-3
ZONING DISTRICT: M-1 Zoning District
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ABOVEGROUND XX BELOW
STOF'-Lt\GE Ci\P.lL\CITY: 120 Gallon
LOCATION ON PRUPER'fY: North East comer of
building
DISTA~~CE FRON! ~~EIGHBORll~G PROPERTY:
25' from the East side of property
30' from the North side of property
TYPE OF BUFFERING: None
DATE: 10/13/06
PHOTOS TAKEN: 10/16/06
Attachments: Photos5 Aerial Vie,v, Brevard County ~
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PROPANE STORAGE TANKS FOR MOBILE
HOME PARKS
Cocoa Palms Trailer Park 6815 N Atlantic A venue
84 Mobile Home Sites
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I V nave rropane 1 anKS
Hitching Post Trailer Park 7521 N Atlantic A venue
100 Mobile Home Sites
75 Have Propane Tanks
1tfango lVlanor Trailer Park 8507 N Atlantic Avenue
*lncludes Kings Lane
46 Mobile Home Sites
36 Have Propane Tanks
Southgate Mobile Home Park 8817 N Atlantic A venue
110 Mobile Home Sites
19 Propane Tanks
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Mobile Home
-------- - --- -- ------ - - -- -- - -- ------- - --- -- ---- ---- - ----------- --- ------- ----------------
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Propane Tanks
Port Canaveral Trailer Park 8911 N Atlantic Avenue
66 Mobile Home Sites
4 Propane Tanks
Oak Manor Trailer Park 8705 N Atlantic Avenue
71 Mobile Home Sites
11 Have Propane Tanks
All propane tanks in the nlobile hOl1le parks abut the rnobile
home.
They very in size and location, some are located in the
front, side and rear of the mobile home.
Attached are photos of the different size tanks and
locations.
***ALL VISIBLE TANKS APPEAR TO BE UNDER 120
GALLOl~S
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Meeting Minutes
September 27,2006
Page 3
planned future land uses; criteria for measuring compatibility; differences in land
use functions; harmony between adjoining properties, including appearance,
size, buffering/screening, setbacks and noise; consideration toward glare, odor,
hours of operation; relationship to land values; risk factors and environmental
conditions. ------ -----------
-- ----- - --- --
There was a brief discussion by the board regarding Mr. Russell's suggestion to
revise the current special exception requirements. The board directed staff to
incorporate these thoughts on compatibility into a check list.
Ruth Sanders, 8931 Lake Drive, Cape Canaveral stated her concern that the City
is not repealing the special exception that allows liquefied petroleum in the M-1
zoning district. She stated her opposition regarding the petroleum tanks being
allowed in the M-1 zoning district abutting a residential zoning district.
r~"ar Rlisse::, Vice Chairperson explained that starr has been directed to
conduct a City-wide inventory of all liquefied petroleum tanks and upon receiving
staff's report the appropriate action will be taken.
There being no further business, the meeting was adjourned at 9:40 p.m,
Bea McNeely, Chairperson
----
Duree Alexander, Acting Secretary
Meeting Type: Planning & Zoning
Meeting Date: 10/25/06
AGENDA
Heading Proposed Ordinance
Item # Z/
No.
AGENDA REPORT .-
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Review and Recommend proposed Ordinance for Proportionate Fair-Share Mitigation of
Development Impacts on Transportation Corridors
DEPT.lDIVISION: Building Department
I Requested Action: I
Review and recommend to City Council proposed ordinance for proportionate Fair-Share Mitigation of Development Impacts on
Transportation Corridors.
I Summary Explanation & Background: I
All City and County governments have a statutory deadline of December 1, 2006 to enter into an interlocal agreement by ordinance that
addresses fair-share mitigation impacts on transportation corridors. Basically the ordinance will require property owners who impact
transportation corridors that are failing and are in the state's capital improvement plan to pay their fair share of the impact to the road.
This process is already required for developments of regional impact (DRI) and now is being extended to non-DRI projects.
It is not anticipated that this new requirement will directly impact proposed developments in the City at this time; our level of service is
not in a level of service "F" condition presently.
The P&Z Board directed on ! O/! ! /06, to have the City Attorney prepare the ordinance for their review before sending to the City I
I Council. I
Exhibits Attached:
I) Proposed Ordinance
Planning Official's Office Department
WORKING DRAFT October 18,2006
ORDINANCE NO. - -2006
_____________ Al\L 0 RDINAN CE_QE_THE_CIIY_OE__CAER_CANA-YERAL,________________ _____
FLORIDA,; AMENDING CHAPTER 86, CONCURRENCY
MANAGEMENT SYSTEM, OF THE CODE OF
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86, IMPLEMENTING A PROPORTIONATE FAIR SHARE
MITIGA TION PROGRAM RELATED TO
TRANSPORT A TION FACILITY IMP ACTS PURSUANT TO
THE REQUIREMENTS OF FLORIDA LAW; MAKING
CONFORMING AND MISCELLANEOUS AMENDMENTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
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DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Legislature adopted Chapter Law 2005-290, Laws of Florida,
amending section 163.3180, Florida Statutes, to require all local governments to adopt by ordinance
a methodology for assessing proportionate fair-share mitigation options related to impacts to the
City's transportation facilities caused by development by December 1, 2006; and
WHEREAS, the City Council of the City of Cape Canaveral finds and determines that
transportation capacity is a commodity that has a value to both the public and private sectors; and
WHEREAS, a proportionate fair-share mitigation program provides a method by which the
impacts of development on transportation facilities can be mitigated by the cooperative efforts of the
public and private sectors; and
WHEREAS, a proportionate fair-share mitigation program would allow developers to
proceed under certain conditions, notwithstanding the faiiure of transportation concurrency, by
contributing their proportionate fair-share of the cost of a transportation facility; and
WHEREAS, such program would contribute to the provision of adequate public facilities
for future growth and promote a strong commitment to comprehensive facilities planning, thereby
reducing the potential for moratoria or unacceptable levels of traffic congestion; and
WHEREAS, a proportionate fair-share mitigation program would maximize the use of
public funds for adequate transportation facilities to serve future growth, and may, in certain
City of Cape Canaveral
Ordinance No. - - 2006
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WORKING DRAFT October 18, 2006
circumstances, allow the City to expedite transportation improvements by supplementing funds
currently allocated for transportation improvements in the Capital Improvements Element of the
_5=:ape ~~~Y_~!~Lc::omR-rehe~iy~J>la!l; and___ ____ _ _____________ _ ____ ___ _ __ _______ _ _ ___ _
WHEREAS, the City Council finds this ordinance to be consistent with section
163.3180(16), Florida Statutes, and the City's Comprehensive Plan; 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.
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 86, Concurrency Management System, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type
indicates additions and stilkeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 86. It is intended that the text in Chapter 86 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 86. CONCURRENCY MANAGEMENT SYSTEM
ARTICLE I. GENERAL
***
Sees. 86-14 - 86-2\}. Reserved.
ARTICLE II. TRANSPORTATION FACILITY PROPORTIONATE FAIR-SHARE
MITIGA TION PROGRAM
Sec. 86-21. Purpose and intent.
The purpose of this ordinance is to establish a method whereby the impacts of development
on transportation facilities can be mitigated by the cooperative efforts of the public an private
sectors, to be kno'wn as "the Proportionate Fair-Share Program" as required by and in the manner
consistent with section 163.3180(6), Florida Statutes.
City of Cape Canaveral
Ordinance No. - -2006
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Sec. 86-22. Applicability.
The Proportionate Fair-Share ProgramshalLapp~ to alLd~\'elopments iu-the-Ci1-y--that-ha~-e----n-
been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility
in the City's Concurrency Management System ("CMS"), including transportation facilities
maintained bv FDOT or another iurisdiction that are relied upon for concurrency deterrninations'l
pursuant to the requirements of section 86-23. The Proportionate Fair-Share Program does not apply
to developments of regional impact (DRls) using proportionate fair-share under section
163.3180(2). Florida Statutes. or to developments that may be exempted from concurrency as
provided in the City Code. Comprehensive Plan or any other applicable law.
Sec. 86-23. General reQuirements.
(!:I \ An <;lnnl1f't;Jnt lTI,=,':r r-hf"\r\C'tlo tA c<.-:at~C"f',,(1 tho t'r"'I"l.,~r.Y"+....d-~.n....... .......n............,..~.......,.......T ....,..............:.....n.~,.,.......f.-..... ,-,.-C
"'-""-'- ... .......... ......t'l-'......--.............I,.. ....u.~ r .........I.................LJV \..'-" '.H...U,~""...L 'Y ....J.J.v \..J.u..u:Jt:-'vJ.l-Ul..lvJ.J. vV11\",<U.LJ.v.ll\".1Y .lvYUll"..dl1L-l1l~ VI-
the City by making a proportionate fair-share contribution. pursuant to the followinl]:
requirements:
ill.. The proposed development is consistent with the comprehensive plan and
applicable land development regulations.
(2) The five-year schedule or capital improvements in the Capital Improvement
Element ("eIE") of the Citv's Comprehensive Plan or the long-term schedule of
capital improvements for an adopted long-term CMS includes a transportation
improvement( s) that. upon completion, will satisfy the requirements of the City
transportation CMS. The provisions of section 86-23(b) may apply if a proiect or
proiects needed to satisfy concurrency are not presently contained within the local
government Clli or an adopted long-term schedule of capital improvements.
ilil The CitYrnay choose to allow an applicant to satisfv transportation concurrency
through the Proportionate Fair-Share Program by contributing to an improvement that. upon
completion. will satisfy the requirements of the City transportation CMS. but is not
contained in the five-year schedule of capital improvements in the eIE or a long-term
schedule of capital improvements for an adopted long-term CMS, where the following apply:
ill.. The City adopts. by resolution or ordinance. a commitment to add the
improvement to the five-year schedule of capital improvements in the CIE or long-
term schedule of capital improvements for an adopted long-term CMS no later than
the next regularly scheduled update. To qualify for consideration under this section.
the proposed improvement must be reviewed by the City Council and determined to
be financially feasible pursuant to section 163 .3180(16)(b) L Florida Statutes.
consistent with the comprehensive plan. and in compliance with the provisions of this
ordinance. Financial feasibility for this section means that additional contributions.
City of Cape Canaveral
Ordinance No. - -2006
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payments or funding sources are reasonably anticipated during: a period not to exceed
10 years to fully mitigate impacts on the transportation facilities.
----------
-----
ill.. If the funds allocated for the five-year schedule of capital improvements in
the City CIE are insufficient to fully fund construction of a transportation
improvement required bv the Ctv1S~ the City illay still enter into a binding
proportionate fair-share agreement with the applicant authorizing construction of that
amount of development on which the proportionate fair-share is calculated if the
proportionate fair-share amount in such agreement is sufficient to pay for one or
more improvements which wilt in the opinion of the governmental entity or entities
maintaining the transportation facilities. significantly benefit the impacted
transportation system.
Thp ;mnrrY1T~'t'Ylpnt nr;mnrrY'l.TPrYlOntCl f"l"Jnrlnrl h""'7 tho. T'!......r..........r.......1-~...........o-tc. +....~_ ,-,1-............... "....................................................+
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must be ado~ted into the five-year capital improvements schedule of the
comprehensive plan or the long-term schedule of capital improvements for an
adopted long-term concurrency management system at the next annual capital
improvements element update.
ill Any improvement proiect proposed to meet the developer's fair-share
obligation must meet design standards of the City for locally maintained roadways
and those of the FOOT for the state highway svstem.
Sec. 86-24. Intenwvernmental coordination.
Pursuant to policies in the Intergovernmental Coordination Element of the City's
comprehensive plan and applicable policies in frererel1Ceadoptedfegi611alpJanT. the City shall
coordinate with affected iurisdictions. includingFDOT. regarding mitigation to impacted facilities
not under the iurisdictionof the local government receiving the application for proportinn::lte fair-
share mitigation. An interlocal agreement may be established with other affected jurisdictions for
this purpose.
Sec. 26-25. Application process.
tu.. Upon notification of a lack of capacity to satisfy transportation concurrency. the
applicant shall also be notified in writing of the opportunity to satisfy transportation
concurrency through the Proportionate Fair-Share Program pursuant to the requirements of
section 86-23.
(b) Prior to submitting an application for a proportionate fair-share agreement a pre-
application meeting shall be held to discuss eligibility. application submittal requirements.
potential mitigation options. and related issues. If the impacted facility is on the Strategic
City of Cape Canaveral
Ordinance No. - -2006
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Intermodal System, then the FDOT will be notified and invited to participate in the pre-
application meeting.
------ - --------
-- ----- -- ---- - --------------------
----------- --
- ------- - --- -- ---- - --- ---
ifl Eligible applicants shall submit an application to the City that includes an application
fee as established by Resolution of the City Council and which includes the following:
ill N arne, address and phone number of property owner( s ), developer and agent;
m Property location, including parcel identification numbers:
ill Legal description and survey of property:
(4) Proiect description. including type, intensity and amount of development:
(5) Phasing schedule, if applicable:
lliL Description of requested proportionate fair-share mitigation methode s ): and
ill Copy of concurrency application.
@ The concurrency manager shall review the application and certify that the application
is sufficient and complete withinJO business days. If an apolication is determinerl to he
insufficient, incomplete or inconsistent with the general requirements of the Proportionate
Fair-Share Program as indicated in section 86-23, then the applicant will be notified in
writing of the reasons for such deficiencies within 10 business days of submittal of the
application. If such deficiencies are not remedied by the applicant within 30 days of receipt
of the written notification, then the application will be deemed abandoned. The City Council
may, in its discretion, grant an. extension of time not to exceed 60 days to cure sllch
deficiencies, provided that the applicant has shown good cause for the extension and has
taken reasonable steps to effect a cure.
I~, Pursuant to section 163.3180(6)(e), Florida Statutes, proposed proportionate fair-
Ie}
share mitigation for development impacts to facilities on the Strategic Intermodal System
requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement
between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.
ill When an application is deemed sufficient, complete, and eligible, the applicant shall
be advised in writing and a proposed proportionate fair-share obligation and binding
agreement will be prepared by the City or the applicant with direction from the City and
delivered to the appronriate parties for review, including a copy to the FDOT for any
proposed proportionate fair-share mitigation on a Strategic Intermodal System facility, no
later than 60 days from the date at \vhich the applicant received the notification of a sufficient
City of Cape Canaveral
Ordinance No. - - 2006
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application and no fewer than 14 days prior to the City Council meeting when the agreement
will be considered.
-- ---- ---- --- -------
-------------- - --- -- ------ ---- - --- - - - ------ -- - --
-------- - --
--- -- -- - - ---- - ---- - ---- - -
ill The City shall notify the applicant regarding the date of the Council meeting when
the agreement will be considered for final approval. No proportionate fair-share agreement
will be effective until approved by the City Council.
Sec. 86-26. Determining proportionate fair-share oblil!ation.
1.ill... Proportionate fair-share mitigation for concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and construction
and contribution of facilities.
(1-,\ ^ ...-1Ct.,(1~1r...........-v"lroo._'" "hr.l1 ................. 1-...... _.........-.......:_..........1....".... ~........-~ ..-......___ 4-t..~...... ~4-.... _~~~_~__4-~____4-_ .f:_~_~ ....,1_____
~ .1":1. u-\....'V\w-.lVlJll1\...dlL 0.')11<<1.1 HUL U\..r ~\...-y'Ull\.....U tV vay IllVIC;; ll1aUll;') f?lUjJUIUUlJalC Idll-;'jllCllC.
The fair market value of the proportionate fair-share mitigation for the impacted facilities
shall not differ regardless of the method of mitigation.
@ The methodologv used to calculate an applicant's proportionate fair-share obligation
shall be, as provided for in section 163.3180(12), Florida Statutes, as follows: The
cumulative number of trips from the proposed development expected to reach roadways
during: peak hours from the complete build out of a stage or phase being approved, divided
bv the chaol!e in the peak hour maximum service volume (MSV) of roadways resulting from
construction of an improvement necessary to maintain the adopted LOS, multiplied by the
construction cost, at the time of developer payment, of the improvement necessary to
maintain the adopted LOS, or
Proportionate Fair-Share = L[rmevelopment Tripsj) / (SV Increasej)l x CostJ
Where:
Develooment Trios = Those trios from the stage or pha"e of development under
review that are assigned to roadway segment "i" and have triggered a deficiency per
the CMS:
SV Increasej = Service volume increase provided by the eligible improvement to
roadway segment "i" per section E:
Costj = Adjusted cost of the improvement to segment "i". Cost shall include all
improvements and associated costs, such as design, right-of-way acquisition,
planning, engineering, inspection, and physical development costs directly associated
with construction at the anticipated cost in the year it will be incurred.
City of Cape Canaveral
Ordinance No. - -2006
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@.. For the purposes ,of determining proportionate fair-share obligations, the City shall
determine improvement costs based upon the actual cost of the improvement as obtained
--- ---------------- ----------- from the crn, the MPO/TIP or the FDOT WorkProgram.nWheresllchinformationi&_noL__
available, improvement cost shall be determined using one of the following methods:
(1\ li~n analysis by the City of costs bv cross section type that incorporates data
~
from recent proiects and is updated annually and approved by the City Council. In
order to accommodate increases in construction material costs, proiect costs shall be
adiusted to address inflation; or
ill The most recent issue of FDOT Transportation Costs , as adjusted based upon
the type of cross-section (urban or rural); locally available data from recent proiects
on acquisition. drainage and utility costs; and significant changes in the cost of
m~h:Jor-i~.dQ rll1P tA llnf"rpC'PP".1hL::::t. p'tTpntc f"lrH,t PC't~rY\0tA" -frvr e>t<"1tA -rr'\,<").rl ~'Y'V'\............-..uo.....v.a.......t....
.........""...---"-...-........ ---- -........ ............................,u__"""'.......IL.J......... '-'~__....l"'u. ..........'-'"u\.. '-'>...)O"'..1..l.J....."'-'-'CI ...'-'.1. ClLU\..v ..lVUU .l.LJ..lp.lVV\..t.l.l.l\...tl.ll-0
not included in the adopted FDOT Work Program shall be determined using this
method in coordination with the FDOT District.
ill If the City has accepted an improvement proiect proposed by the applicant, then the
value of the improvement shall be determined using: one of the methods provided in this
section.
ifL If the City has accepted right-of-way dedication for the tlroportionate fair-share
payment, credit for the dedication of the non-site related right-of-way shall be valued on the
date of the dedication atf liipert5el1t of the most recent assessed value by the Brevard
County Property Appraiser or, at the option of the applicant, by fair market value established
by an independent appraisal approved by the City and at no expense to the City. The
applicant shall supply a drawing and legal description of the land and a certificate of title or
title search of the land to the City at no expel1se to the City. If the estimated value of the
right-of-way dedication proposed by the applicant is less than the City estimated total
proportionate fair-share obligation for that development. then the applicant must also pay the
difference. Prior to purchase or acquisition of any real estate or acceptance of donations of
real estate intended to be used for the proportionate fair-share, public or private pmtners
should contact the FDOT for essential information about compliance with federal law and
regulations.
Sec. 86-27. Impact fee credit for proportionate fair-share mithmtion.
1& Proportionate fair-share contributions shall be applied as a credit against impact fees
to the extent that all or a portion ofthe proportionate fair-share mitigation is used to address
the same capital infrastructure improvements contemplated by the City's impact fee
regulations as set forth in Article V, Division 3 of Chapter 2 of the City Code ("impact fee
regulations").
City of Cape Canaveral
Ordinance No. - -2006
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M Impact fee credits for the proportionate fair-share contribution will be determined
when the transportation impact fee obligation is calculated for the proposed development.
Iil1pact fees owed by the applicant will be reduced per the Proportionate Eair-Share__
Agreement as they become due per the City's impact fee regulations. If the applicant's
proportionate fair-share obligation is less than the development's anticipated road impact fee
for the specific stage or phase of development under review.. then the applicant or its
successor must pay the remaining impact fee amount to the City pursuant to the requirements
of the impact fee regulations.
@ Maior proiects not included within the impact fee regulations or created under section
86-23(b)(1) and (2) which can demonstrate a significant benefit to the impacted
transportation system may be eligible at the City's discretion for impact fee credits.
(rl) The proportionate fair-share ob!i~ation is intended to mitig:ate the transportation
~ impacts of a proposed development at a specific location. As a result, any road im~act fee
credit based upon proportionate fair-share contributions for a proposed development cannot
be transferred to any other location unless provided for within the impact fee provisions as
set forth in the City's impact fee regulations.
Sec. 86-28. Proportionate fair-share a2reements.
iill... Upon execution of a proportionate fair-sh(lre agreement (Agreement) the applicant
shall receive a City certificate of concurrency approval. Should the applicant fail to apply
for a development perrnitwithin twelve (12) months then the Agreement shall be consid~red
null and void. and the applicant shall be required to reapply.
(b) Payment of the proportionate fair-share contribution is due in full prior to issuance
of the final development order or recording: of the final plat ancl shall be nQn=refundable. If
the payment is submitted more than twelve (12) months from the date of execution of the
Agreement, then the proportionate fair-share cost shall be recalculated at the time of payment
based on the best estimate of the construction cost of the required improvement at the time
of paYIUent.. pursuant to section 86-26 and adiusted accordingly.
ifl All developer improvements authorized under this article must be completed prior
to issuance of a development permit, or as otherwise established in a binding agreement that
is accompanied by a security instrument that is sufficient to ensure the completion of all
required improvements. It is the intent of this section that any required improvements be
completed before issuance of building permits or certificates of occupancy.
(QL Dedication of necessary rig:ht-of-way for facility improvements pursuant to a
proportionate fair-share agreement must be completed ~rior to issuance of the final
development order or recording of the final plat.
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Ordinance No. - -2006
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w.. Anv requested change to a development proiect subsequent to a development order
may be subiect to additional proportionate fair-share contributions to the extent the change
. ... . would ?:enerate additional traffic that would require mitigation.
ilL Applicants may submit a letter to withdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement. The application fee and any
associated advertising costs to the City will be non refundable.
{gL rOPTIONAL PROVISIONl The City may enter into proportionate fair-share
agreements for selected corridor improvements to facilitate collaboration among multiple
applicants on improvements to a shared transportation facility.
Sec. 86-29. Appropriation of fair-share revenues.
ill... Proportionate fair-share revenues shall be placed in the appropriate proiect account
for funding of scheduled improvements in the City's CIE, or as otherwise established in the
terms of the proportionate fair-share agreement. At the discretion of the City CounciL
proportionate fair-share revenues may be used for operational improvements prior to
construction of the capacity proiect from which the proportionate fair-share revenues were
derived. Proportionate fair-share revenues may also be used as the 50% local match for
funding under the FDOT TRIP.
ilil In the event a scheduled facility improvement is removed from the CIE. then the
ITYenues collected for its construction may be applied toward the construction of another
improvement within that same corridor or sector that would mitigate the impacts of
development pursuant to the requirements of section 86-23(b )(2).
Where an impacted regional facilitv has been designated asa regionallvsignificant
transportation facility in an adopted regional transportation plan as provided in section
339.155, Florida Statutes., then the City may coordinate with other impacted jurisdictions
and agencies to apply proportionate fair-share contributions and public contributions to seek
funding: for improving the impacted regional facility under the FDOT TRw. Such
coordination shall be ratified by the City Council through an interlocal agreement that
establishes a procedure for earmarking of the developer contributions for this purpose.
@ rOPTIONAL PROVISIONl Where an applicant constructs a transportation facility
that exceeds the applicant's proportionate fair-share obligation calculated under section 86-
26, the City shall reimburse the applicant for the excess contribution using one or more of
the following methods:
ill An impact fee credit account may be established for the applicant in the
amount of the excess contribution, a portion or all of which may be assigned and
City of Cape Canaveral
Ordinance No. - - 2006
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WORKING DRAFT October 18,2006
reassigned under the terms and conditions acceptable to the City.
_0.. An account may be established for the applicantJor theupurpos_eof
reimbursing the applicant for the excess contribution with proportionate fair-share
payments from future applicants on the facility.
ill The City may compensate the applicant for the excess contribution through
payment or some combination of means acceptable to the City and the applicant.
Sec. 86-30. rOPTIONAL PROVISIONl Cross iurisdictional impacts.
!2l In the interest of intergovernmental coordination and to reflect the shared
responsibilities for managing development and concurrency. thp- f'itv m::lY el1ter an agreement
,vith one or more adiacent local ~overnments to address cross iurisdictional impacts of
development on regional transportation facilities. The agreement shall provide for
application of the methodology in this section to address the cross jurisdictional
transportation impacts of development.
1QL A development application submitted to the City subject to a transportation
concurrency determination meeting all of the following criteria shall be subject to this
section:
ill All or part of the proposed development is located within Ffilliiiinl1UiTIberl
mile( s) of the area which is under the jurisdiction, for transportation concurrency, of
an adjacent local government: and
(2) Using its own concurrency analysis procedures, the City concludes that the
additional traffic from the proposed development would lJse Ftlveperc;ent6fiTIore of
theadontedpea]cl1hUr<EOSi11l<lxlmtimsefvicev6IumeI of a regjonal transportation
facility within the concurrency jurisdiction of the adjacent local government
("impacted regional facility"): and
ill Tbe impacted regional facility is projected to be operating below the level of
service standard, adopted by the adiacent local government, when the traffic from the
proposed development is included.
.crt Upon identification of an impacted regional facility pursuant to subsection (15)(1 )-(3),
the City shall notify the applicant and the affected adjacent local government in writing of
the opportunity to derive an additional proportionate fair-share contribution, based on the
projected impacts of the proposed development on the impacted adjacent facility,
ill The adjacent local government shall have up to ninety (90) days in which to
City of Cape Canaveral
Ordinance No. - -2006
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notify the City of a proposed specific proportionate fair-share obligation, and the
intended use of the funds when received. The adiacent local government must
. u. .. ..... .P!()vide reasonable iustification t~at lJ(>tl1tl1e al110unt of the payment and its intended.
use comply with the requirements of section 163 .3l80( 16), Florida Statutes. Should
the adiacent local government decline proportionate fair-share mitigation under this
.~~ction.. then the provisions of this section \vould not apply and the applicant \vould
be subiect only to the proportionate fair share requirements of the City.
ill If the subiect application is subsequently approved by the City, the approval
shall include a condition that the applicant provides, prior to the issuance of any
building permit covered by that application, evidence that the proportionate fair-share
obligation to the adiacent local government has been satisfied. The City may require
the adjacent local government to declare, in a resolution. ordinance. or equivalent
document its intent for the use of the concurrency funds to be 1)aid by the applicant.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical. typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
~,n.,n.+;",... r; Effective Date. This Ordinance shall become effecti ve immediately upon adoption
\.JeLl-IVJ.), u. 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 Haog
City of Cape Canaveral
Ordinance No. - -2006
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WORKING DRAFT October 18,2006
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
First Reading:
Legal Ad published:
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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. - -2006
Page 12 of 12
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Meeting Type: Planning & Zoning
Meeting Date: 10/25/06
AGENDA
Heading Discussion
Item #3
No.
AGENDA REPORT
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THE CITY OF CAPE CANAVERAL
SUBJECT: Discussion - Creating a new Checklist or Matrix for Special Exception Reviews.
DEPT.lDIVISION: Building Department
I R"qnested Aetion: Discuss the process and
Discussion regarding creating a new methodology for special exception reviews.
determine key variables based on what is in the Code and recommend possible additions to code to remove most
of the subjectivity with issues of compatibility
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Summary Explanation & Background:
During the review of several past special exceptions, there were times when review questions become debatable,
especially with compatibility. At the September 2th meeting, Board member Lamar Russell submitted to the
Planning and Zoning Board his "thoughts on compatibility and surrounding uses". The primary emphasis of the
report was establishing criteria for measuring compatibility. The City Planner has provided a DRAFT matrix to
use to work from for the discussion. If values are assigned to measure compatibility they need to be meaningful
and not arbitrary.
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Exhibits Attached:
1) Report from P&Z Board member Lamar Russell, 2) Draft Matrix for discussion.
Planning Official's Office Department
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Thoughts on Compatibility with Surrounding Uses
I. What are the minimum requirements for a Special Exception?
The Minimum Requirements for a Special Exception should be reviewed by P&Z
num~mhersbeforeeachmeetingwhichwiUc~lls-ideraSp€Gial.E*Geptton;m
The Minimum Requirements should be read in full or summarized at the
beginning of a Special Exception agenda item.
II. What are the planned Future Land Uses?
What uses are allowed by current zoning regulations? Should they be
documented into the Hearing Record?
What are the Comprehensive Plan goals, objectives and policies with respect to
this matter? Should they be documented in the Hearing Record?
III. Criteria for Measuring Compatibility
The following absolute measures of compatibility will provide the Board of
Adjustments with a set of documented findings that will aid that board to render a
decision that will withstand challenge.
A. Differences in Land Use Functions
Are there extreme differences in adjacent functions, i.e. Manufacturing vs
Residential vs Commercial?
Do extreme functional differences (i.e., resorts vs fuel storage or industrial storalZe
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vs residential) mandate maximum buffer distance?
B. Harmony Between Adjoining Properties
Appearance
Are there serious differences in structural appearances?
Industrial or Commercial communities might think their uses are attractive;
adjoining Residential residents might disagree.
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Are there serious or extreme structural size differences?
Buffering/Screening
Is screening a useful mitigation?
What types of screening might be practical?
Setbacks
Does relocating structures or orientations allow wider buffering between zoning
functions?
Noise
Does noise from one use annoy the adjoining use?
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Glare
Is there spill-over light or glare onto an adjoining use?
Odor
IsthereadocumentedhistoryofErrdol'l'eleases: . How were theydetectedmoym
documented?
Hours of Operation
Do differences in hours of operation cause annoyance?
Traffic
Are there differences in types of traffic generated? Differences in types and sizes
of vehicles? Is loading and unloading involved?
Do these activities impact adjoining uses?
C. Relationship to Land Values
Are property values impacted? What does the City's Mission Statement say in
regard to property values?
D. Risk Factors
Does potential energy storage pose risk to surrounding area? If so, what is
the radius of safety?
Is the Fire Departments hazard analysis complete and adequate? What
recommendations are made by the Fire Department? What are the hazards that
may contribute to fire, detonation or toxic release?
\Vhat type and capacity of materials are allowed?
What is the present on-site fire fighting capability?
E. Environmental Conditions
Is there a documented history of environmental violations? lIow \vere they
detected or documented?
Are there any recent investigations regarding environmental violations?
Are there any current on-going remedial or cleanup activities required by any
state environmental agency?
Have mitigation funds been allocated?
F. Other Considerations
Who was there first?
How long have any present buffer areas existed?
Does the Special Exception seriously reduce buffer area that produces beauty or
increases safety?
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Memorandum
To: Planning and Zoning Board
....... From: Todd Peetz, GityPlanner ...
Date: October 18, 2006
Subj: Matrix for Compatibility
I wanted us to get started on discussing the report that Lamar submitted. I would agree
that we need more definable standards to assist each of us when it comes to compatibility.
I supplied a draft matrix to work from, but standards will be forthcoming. I intend to
present a very open discussion at our meeting on the 25th. When it comes to our
standards they need to be based on data and be quantifiable. We can not have arbitrary
standards, but presently are standards are mostly subjective which is why we have had
some interesting discussions recently.
The report Lamar has presented is a very proactive and performance based approach to
address compatibility. However, we may also need some flexibility or bonus/incentive
alternatives \vhen an applicant can provide in excess of the code to provide for
compatibility.
I look forward to this discussion and I think we have an opportunity to do some
innovative things with it.
If you have any questions, please do not hesitate to call me at 407-629-8880 or by email
tpeetz@millerlegg.com.
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Project Yes No n/a Separation/Width Height Value/number
Land Use
Residential
Commercial
. mlndustrial
Building
Distances
from adjacent
properties?
Buffers
provided?
Setbacks
Appearance
and
Structural
difference
Height
Size
Buffering and
Screening
Noise
Glare
Utilization
Hours of
Operation
Timing of
Deliveries
T raffie
Issues I I
Specific to I I
the type of
use
Need for Real
Estate
Evaluation
Hazardous
Storage or
Sale of
Materials
Distance to
other
Alcoholic
Establishments
Distance from
6Y
schools
churches and
playgrounds
Distance from
other - ------- ------------ ---------------------- ------ --------- ------------------
- ------------------
- ----------- -
recreational
vehicle
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Distance from
other conveyor
belts.
* Note: There will need to be a series of notes to define the criteria for each topic item.
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