HomeMy WebLinkAboutResolution 2007-13RESOLUTION NO. 2007 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
REQUESTING THAT THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION RECOGNIZE LOCAL
ZONING LAWS AS PART OF ITS PERMIT PROCESSING
REQUIREMENTS; OPPOSING THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION'S
ISSUANCE OF A CONSTRUCTION PERMIT TO COASTAL
TERMINALS, LLC. FOR THE CONSTRUCTION OF TWO
150,360 BARREL PETROLEUM STORAGE TANKS
WITHOUT CONSIDERING COMPLIANCE WITH LOCAL
ZONING REGULATIONS; PROVIDING FOR THE
DISTRIBUTION OF THIS RESOLUTION TO STATE AND
LOCAL OFFICIALS; REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
BATE.
WHEREAS, the Cit y Council finds that the Florida Department of Environmental Protection
( the "FDEP") has processed and granted numerous permits affecting real property located within the
City of Cape Canaveral; and
WHEREAS, the City Council recognizes the importance of the FDEP, and the fact that it
is instrumental in p ermittin and monitoring a wide variety of complex facilities that pose a potential
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environmental threat to the community; and
WHEREAS, the p ermitting of these facilities is also of significant public concern to local
zoning jurisdictions like Cape Canaveral; and
WHEREAS, p articularly and most recently, the City Council became aware that the FDEP
issued a construction permit ( #0090029 - 008 -AC) to Coastal Terminals, LLC, aka TransMontalgne,
Inc. "Coastal Terminals" on May 15, 2006 for the proposed construction of two large petroleum
storage tanks with a capacity of 150,360 barrels each; and
WHEREAS, the Cit y Council finds that based on petroleum industry standards, 150,360
barrels of q
etroleum is equivalent to approximately 6,315,120 U.S. gallons of petroleum; and
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WHEREAS, based on Coastal Terminals' application to the FDEP for the two tanks,
submitted on February 28, 2006, each of these proposed tanks, if constructed, would exceed the
capacity of existing petroleum storage tank at Coastal Terminal's facility by at least 28,560
p y any gp
barrels or 1,199,520 U.S. gallons; and
City of Cape Canaveral
Resolution No. 2007 -13
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WHEREAS, also based on Coastal Terminals' February 28, 2006 application, Coastal
Terminals' current facility has a petroleum storage capacity of approximately 415, 560 barrels and
if Coastal Terminals constructs the two additional tanks, the gasoline storage capacity of the facility
will increase by over seventy -two percent (72.36 %); and
WHEREAS, the City Council finds that these proposed two additional tanks, if constructed,
would have a substantial impact on the Cape Canaveral Community including, but not limited to,
an impact on the environment, life safety and fire prevention; and
WHEREAS, the City Council further finds that despite this substantial impact, at no time
did the FDEP notify the City regarding Coastal Terminals' request to construct these two additional
large petroleum storage tanks; and
WHEREAS, the two additional large petroleum storage tanks are proposed to be located less
than three hundred fifty (350) feet away from a large residential condominium project located within
the City of Cape Canaveral; and
WHEREAS, pursuant to police powers granted the City in accordance with the Florida
Municipal Home Rule Powers Act and the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, and recognized many years ago by the United States Supreme
Court in Euclid v. Ambler Realty Co., 272 U.S. 365 (1926), the City has local zoning authority over
land use decisions within the City; and
WHEREAS, pursuant to the City of Cape Canaveral Comprehensive Plan, Land Use Policy
3.2 all development must be compatible with adjacent land uses; and
WHEREAS, while it is recognized under applicable law that the City has local zoning
authority, the FDEP takes the position that they are not required or authorized to consider local
zoning authority when processing and issuing permits under the jurisdiction of the FDEP and that
FDEP only issues permits based on an applicant's ability to meet the State's environmental statutes
and regulations; and
WHEREAS, the FDEP's position ignores the authority that is vested in local elected officials
to make zoning and land use decisions; and
WHEREAS, this position will also result in frequent conflicts between the administrative
permit decisions made by the FDEP and the land use and zoning decisions made by local elected
officials; and
WHEREAS, in this instance, the City Council recognizes the fact that the FDEP issued a
construction permit for the two large petroleum storage tanks prior to the City's Building official
City of Cape Canaveral
Resolution No. 2007 -13
Page 2 of 5
having an opportunity to review the application for consistency with the City's zoning code; and
WHEREAS, the City Council also recognizes the fact that the Building official has
determined that the proposed tanks are not allowed under the current City of Cape Canaveral zoning
code which was adopted by the elected officials of the City of Cape Canaveral; and
WHEREAS, when FDEP decisions are inconsistent with local zoning laws, the FDEP's
current position of not considering local zoning regulations will result in the FDEP wasting valuable
personnel hours reviewing applications for projects that can not be constructed and will also put
cities and counties in conflict with the FDEP permit holders who may claim they have a right to
proceed in violation of City zoning laws; and
WHEREAS, in the spirit of intergovernmental cooperation, efficiency, and common sense,
the FDEP should be required to consult with local zoning jurisdictions to determine zoning
compliance before issuing a final permit for the construction of any facility that is also subject to the
FDEP's jurisdiction; and
WHEREAS, by way of example, the City Council desires to draw to the attention of the
FDEP and the State House of Representatives and Senate, that the Florida Division of Alcoholic
Beverages and Tobacco have promulgated a license application which requires local zoning
authorities to verify that the proposed activity to be permitted by the State complies with local
zoning requirements before a state license is issued. See page 7 of the Application for Alcoholic
Beverage License and Tobacco Permit attached hereto as EXHIBIT "A;" and
WHEREAS, if the Florida Division of Alcoholic Beverages and Tobacco can do it, why
can't the FDEP do the same in processing its permit applications; and
WHEREAS, the City Council ofthe City of Cape Canaveral respectfully requests that FDEP
amend its rules to require local zoning approval before issuing any permit for the construction of any
facility having an environmental impact under the FDEP's jurisdiction; and
WHEREAS, the City Council of Cape Canaveral also respectfully requests that the Florida
Legislature amend Chapter 403, Florida Statutes, to require that the FDEP consult with local
jurisdictions for purposes of verifying zoning authorization before issuing permits for the
construction of any facility having an environmental impact under the FDEP's jurisdiction; and
WHEREAS, City Council deems that this Resolution is in the best interests of the public
health, safety, and welfare of the citizens of Cape Canaveral and an issue of paramount public
importance to cities and counties throughout the State of Florida.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT:
City of Cape Canaveral
Resolution No. 2007 -13
Page 3 of 5
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. FDEP Permittin2 Process in General. The City Council hereby respectfully
requests that the Florida Department of Environmental Protection recognize local zoning laws as p art
of its permit processing requirements. In furtherance of this request, the City Council also requests
that the Florida Department of Environmental Protection amend its rules, and the Florida Legislature
amend the law, to expressly require the Florida Department of Environmental Protection to verif
with local zoning authorities that a proposed facility complies with local zoning laws prior to issuing g
any department permit authorizing the construction of the facility.
Section 3. FDEP Permittine of Coastal Terminals LLC. The City Council hereby
e i
states s is opposition to the Florida Department of Environmental Protection's issuance of a
construction permit for the expansion of the Coastal Terminals' facility without consulting with Cit
officials for purposes of determining whether the expansion complies with applicable City zoning
regulations.
Section 4. Distribution of Resolution. The City Council hereby directs the Cit
Manager to promptly distribute this Resolution to Governor Crist, Secretary Michael W. Sole of the
Department of Environmental Protection, Director Vivian Garfein of the Central District of the
Department of Environmental Protection, members of the Brevard County Legislature Delegation,
and other state local officials as needed.
Section 5. Severabi If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent
j urisdiction, whether for substantive or procedural reasons, 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 Resolution.
Section 5. Reveal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 7. Effective Date This Resolution shall become effective immediately upon
its adoption by the City Council of the City of Cape Canaveral, Florida.
[SIGNATURE PAGE FOLLOWS]
City of Cape Canaveral
Resolution No. 2007 -13
Page 4 of 5
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 10th day of April, 2007.
'-� 0 C CR-,04_"
ROCKY RANDELS, Mayor
ATTESt 1-...1*-iA L For Against
Bob bog Motion
Leo Nicholas _Absent
SUSAN TILL ,City Clerk Rocky Randels X
CrFa Shannon C.Roberts Second
Buzz Petsos X
Approves .s to leg., form and sufficiency for
the i • ape •I averal only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No. 2007-13
Page 5 of 5
EXHIBIT
it
C
o V P -0a _.._.w�9.. E.K.4.."
Trade Name(D/B/A)
Street Address
City County State Zip Code
FL
Are there outside areas which are contiguous to the premises which are to be part of the premises sought to
be licensed?" ❑Yes ❑ No
If this application is for issuance of an alcoholic beverage license where zoning approval is required,the
zoning authority must complete"A"and"B." If zoning is not required, the applicant must complete section
"B."
A. The location complies with zoning requirements for the sale of alcoholic beverages or wholesale
tobacco products pursuant to this application for a Series 1APS license.
Signed Date
Title
B. Is the location within the limits of an incorporated City or Town?" ❑Yes ❑ No
(sie If yes, enter the name of the city or town:
Cue
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