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Home My WebLink AboutP & Z December 13, 2006 - Amended Agenda City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE DECEMBER 13, 2006 7:30 P.M. AMENDED AGENDA Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: November 8, 2006. 2. Recommendation to City Council Re: Ace Hardware Revised Site Plan. 3. Recommendation to City Council Re: Proposed Ordinance No. 18-2006, Defining Liquefied Petroleum Gas; and Repealing the Definition of Fire District. 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, \^/hich record includes the testimony and evidence upon vv'hich 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) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 vv'W'w.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com WORKING DRAFT December 5, 2006 ORDINANCE NO. 18-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT;" PROHIBITING THE STORAGE OF LIQUEFIED PETROLEUM GAS IN EXCESS OF GALLONS IN THE R-1, R-2 A-ND R-3 ZONING DISTRICTS; PROVIDING FOR A SPECIAL EXCEPTION FOR THE STORAGE OF LIQUEFIED PETROLEUM GAS NOT TO EXCEED ONE THOUSAND (1,000) GALLONS IN THE C-1 AND C-2 ZONING DISTRICTS; REVISING THE SPECIAL EXCEPTION FOR THE STORAGE OF LIQUEFIED PETROLEUM GAS IN THE M-1 ZONING DISTRICT BY LIMITING SUCH STORAGE TO A MAXIMUM OF THREE THOUSAND (3,000) GALLONS; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under S 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the storage of liquefied petroleum gas has been the subject of several meetings of the Planning and Zoning Board in recent months during which the Planning and Zoning Board has heard and considered the input of several of the City's citizens; and WHEREAS, the City Code currently allows by special exception storage of liquefied petroleum products in the M-l Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City has certain safety concerns regarding the storage of liquefied petroleum gas throughout the City and wants to address such storage in all of the City's zoning districts; and WHEREAS, the City desires to limit the maximum amount of liquefied petroleum gas that City of Cape Canaveral Ordinance No. 18-2006 Page 10f7 WORKING DRAFT December 5, 2006 may be stored in each zoning district and require special exceptions for storage of same in the C-l, C-2 and M-l zoning districts; 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 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and 5tlikeout 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 I. IN GENERAL Sec. 110-1. Definitions. *** ;:';, t;; J;;:,lr;d ~lidud..,~ tllallc,ll~t01J 01 zuca COl15~st;llg of. (1) TwO 0111101C adjolH~ng blocks, eAclus~ve of l11tCivCl1111g skects, whue at last 50 pe1Ccl1t of tk glOulld zuca IS bullt upOll <l.1ld 11101" than 50 pelcc-llt of tilc bu~lt on zuca ~$ dc-voted to glOUP S occupancy or glOUP II OCCUpilllCy as dCC.llCd ~ll thc St<l.ildzud Du~ldl11g €ode: (2) \"11(.1'-' fvUi ....ontlguou5 blocl.5 01 mOll- Gvulfl1~SG a hll- dl~l1iGl, tlKle shall be a buffe1 LOue, as detelllllncd Ly the hl" 1ll<'t1shal, of up to 200 feet ZUOulld tk P"'I~illGtCl of such City of Cape Canaveral Ordinance No. 18-2006 Page 20f7 WORKING DRAFT December 5,2006 ~~S;~,i~~. s,t!~~tS:~ig~lts-~f- w ay Zuld otl!e! open spaces Hot subject to building COHSt! uctlon !ilay be mdttdcd 111 thc buff,-,! ZO!ie. *** Li ui ed etroleum as LPG means an material havinll a va or res sure not exceedin that allowed for commercial propane that is composed predominantly of the followinll hvdrocarbons. either by themselves or as mixtures: propane. propylene. butane (normal butane or isobutane). and butylenes. *** ARTICLE VII. DISTRICTS *** DIVISION 2. R-l LOW DENSITY RESIDENTIAL DISTRICT *** Sec. 110-275. Prohibited uses and structures. .ell Storage of liquified petroleum gas in excess of gallons is prohibited. ill.. In tk R-l low dG!lSlty !Gsldcnt.ial distJ.ia, all All other uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple-family dwellings, townhouses and mobile home parks, are prohibited. *** DIVISION 3. R-2 lVIEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-295. Prohibited uses and structures. .ell Storage of liquified petroleum gas in excess of llallons is prohibited. ill.. In the R-2 m,-,dium dGnslty !Gsidcntial district, all All other uses and structures not specifically or provisionally permitted in this division are prohibited. *** City of Cape Canaveral Ordinance No. 18-2006 Page 3 of7 WORKING DRAFT December 5, 2006 DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-315. Prohibited uses and structures. lllL Storage of liquified petroleum gas in excess of gallons is prohibited. ilil In the R-2 ll:lcdithh dGi151ty IG5~dGHt~al diMl~Gt, all All other uses and structures not specifically or provisional!y permitted in this division are prohibited. *** DIVISION 5. C-1 LOW DENSITY RESIDENTIAL DISTRICT *** Sec. 110-334. Special exceptions permissible by board of adjustment. *** (c) Special exceptions may be permitted for the following: *** illL Storage of liquified petroleum gas not to exceed one thousand (LOOO) gallons. Storage of liquefied petroleum gas shall comply with all applicable fire safety codes and any other applicable law. *** DIVISION 6. M-1 LIGHT Il"IDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT *** Sec. 110-354. Special exceptions permissible by board of adjustment. *** (c) Special exceptions may be granted for the following: *** WORKING DRAFT December 5,2006 (6) Storage of liquefied netroleum e:as not to exceed three thousand (3.000) gallons. Storage of liquefied petroleum e:as shall comply with all applicable fire safety codes and any other applicable law. Stoiage of l~qu.died petiokuill plOduGts, plo~~dGd that all SUGh uses corupls with the stalld<'uds set OM ~n the National rile :r~teGtion AssoG~ation, LIe I\\.oveut1oll Code. Abo~e. giound stolage of Equchcd petiokum pioduGtsill e",-cess of 3,000 gallons shall Lc 111 an cstablished hIe. d1stl~ct. *** DIVISION 8. C-2 C.GMMERCIALfMANUF ACTURlNG DISTRICT *** Sec. 110-383. Special exceptions permissible by board of adjustment. *** (c) Special exceptions may be permitted for the following: *** ~ Storage of liquified petroleum gas not to exceed one thousand (1.000) gallons. Storage of liquefied petroleum gas shall comply with all applicable fire safety codes and any other applicable law. Section 3. Conforming Amendments to Chapter 110, Zoning. The following conforming amendments are made to Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances (underlined type indicates additions and stiikc.out 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 5. C-l LOW DENSITY COMlVIERCL\L DISTRICT City of Cape Canaveral Ordinance No. 18-2006 Page 5 of7 WORKING DRAFT December 5, 2006 Sec. 110-331. Intent. The requirements for the C-llow density commercial district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. trli bu~ldil1gS in this distIlct shall be, COl1s~deled ill thG f~le d~Sh~ct, as pu the, dcf~11~tion ~n S-.d~ou 110-1, and shall be bn~lt il1COllfolulal!eG V'Vith the luks al1d legulatiollS of file d~Stl~ctS. *** DIVISION 6. M-l LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-351. Intent. The requirements for the M-l light industrial and research and development district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, research and development, distribution and other industrial functions. Restrictions in this division are intended to minimize adverse influences ofthe industrial activities. All principal uses peffilitted in this zone shall be contained in an enclosed structure. All bulldiugs in th~s d~sl1~Gt shall be cOus~dGIed in Hi(., .Gle d~sl1~Gt, as p'-'l the defi.u~t~ou ~u S,-,C11011 110-1, and bu~lt ill eOllfoul1allGG with the Inks and legtila~ous of file d~shkts. *** DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-380. Intent. The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing cormnercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix oflow density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in a..'1 enclosed structure. 1dt bnild~llgs in tllis disl1~Gt shall be eOuS~delGd 111 thc file d~sb.ict, as pel tllG de.Gll~tion ~u s-.etioll 110-1 and shall bc;bu~lt ~u ,-,vllfv{luauCC ~it:l.l th... luks Culd IG~tJ.lat~oll" of fhe d~sl1~d5. *** Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent City of Cape Canaveral Ordinance No. 18-2006 Page 6of7 WORKING DRAFT December 5,2006 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 5. 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 6. Severability. If aqy section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. 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 Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Buzz Pets os Rocky Randels C. Shannon Roberts 1 st Legal Ad Published: First Reading: 2nd Legal Ad published: Second Reading: Approved as to legal form and sufficiency for ui.e City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 18-2006 Page 7 of7