HomeMy WebLinkAboutPacket 09-20-2005 Regularr of Cape Canaveral
REGULAR MEETING
IALL ANNEX
Cape Canaveral, Florida
JESDAY
nber 20, 2005
':00 PM
REVISED AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA -
1 .
GENDA:1. City Council Regular Meeting Minutes of September 6, 2005.
2. Resolution No. 2005-27; Reappointing Members to the Board of Adjustment
(M. Rigerman, E. McMillin).
3. Resolution No. 2005-28; Reappointing Members to the Code Enforcement
Board (C. Biederman and J. Hale).
4. Resolution No. 2005-29; Reappointing a Member to the Library Board (J.
Deck).
5. Resolution No. 2005-30; Reappointing a Member to the Planning and
Zoning Board (L. Nicholas).
6. Outdoor Entertainment Permit for the Brevard County Traveling Skate Park.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 2of3
CONSIDERATIONS:
7. Motion to Approve: Ranking of RFP 05-03, Continuing Landscaping and
Maintenance Services.
8. Motion to Approve: Brown and Caldwell Proposal to Provide Engineering
and Services for a Facility Equipment Evaluation of the Water Reclamation
Facilities in the Amount of $24,910.
9. Motion to Approve: Brown and Caldwell Proposal to Provide Engineering
and Construction Services for a New Maintenance Building, in the Amount of
$26,727.
ORDINANCES:
10. Motion to Rescind: Ordinance No. 09-2005, Amending the Comprehensive
Plan, Future Land Use Element to Allow for Mixed -Use Development.
ORDINANCES: Second Public Hearing:
11. Motion to Adopt: Ordinance No. 15-2005; Amending Zoning Setback
Encroachment Exceptions; Providing for Emergency Pad Mounted
Generators, at Second Reading.
ORDINANCES: First Public Hearing:
12. Motion to Approve: Ordinance No. 12-2005; Amending Chapter 82,
Providing for Updates to the Florida Building Code, at first reading.
13. Motion to Approve: Ordinance No. 18-2005; Amending Chapter 82,
Buildings and Buildings Regulations, Adopting the 2003 International
Property Maintenance Code, Repealing Article III of Chapter 82, Relating to
the Unsafe Building Abatement Code, at first reading.
DISCUSSION:
14. Code Section 110-334(10) R-2 Residential Use by Special Exception in the
C-1 Commercial Zoning Districts.
ORDINANCES: First Public Hearing:
15. Motion to Approve: Ordinance No. 16-2005; Amending Chapter 110, Article
VII, Section 110-534, Relating to Special Exceptions in the M-1 Light
Industrial and Research and Development District; Providing for Special
Exception Criteria for Conveyor Systems; Amending Article IX, Section 110-
;ape Canaveral, Florida
incil Regular Meeting
ber 20, 2005
of 3
538 Relating to Encroachments; Allowing Conveyor Belts within Setbacks in
the M-1 Light Industrial and Research and Development District By Special
Exception, at first reading.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the "Audience To Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them in
the future.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
Meeting Type: Regular
Meeting Date: 09-06-05
AGENDA
Heading
Ordinances -V Reading
Item
15
No.
being constructed in the port and ending up in the City's M-1, industrial area.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 16-2005, AMENDING CHAPTER 110, ALLOWING CONVEYOR
BELTS WITHIN SETBACKS IN THE M-1 LIGHT INDUSTRIAL DISTRICT BY
SPECIAL EXCEPTION
DEPT/DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider at first reading, Ordinance No. 16-2005, amending Chapter 110, allowing conveyor belts
within setbacks in the M-1 light industrial district by special exception, as recommended by the Planning & Zoning
Board.
Summary Explanation & Background:
The Planning & Zoning Board has recommended this ordinance due to the unusual circumstances of a conveyor belt
being constructed in the port and ending up in the City's M-1, industrial area.
I recommend approval at first reading.
Exhibits Attached:
Ordinance No. 16-2005
City Man ffice
Department GROWTH MGMT/P&Z
-nt\kim\mydo um admin\council 005\09-06-05\16-2005.doc
City of Cape Canaveral
5, 2005
;her, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council Regarding Proposed
Ordinance to Allow Conveyor Belt Systems and
Encroachments.
--------------------------------------------------------------------------------------------
By unanimous vote the Planning & Zoning Board recommended
approval of the attached proposed ordinance.
Please schedule this item on an upcoming City Council meeting
agenda.
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 and
Zoning Board Meeting
Meeting Date: 9/14/05
AGENDA REPORT
PLANNING AN D ZONING BOARD
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Review and Recommend
Summary Explanation & Background:
Ordinance for Conveyor
to encroach in the setback via a special exception.
Belt Systems as Special
City Planner's Office
Exceptions
Item
Old Business #2
No.
SUBJECT: Allow Conveyor Belt Systems by Special Exception to Encroach into the Setback in M-1
Districts.
DEPT./DIVISION: Building Department
Requested Action:
Review and Recommend to the City Council an ordinance regarding Conveyor Belt Systems encroaching in the setback by special
exception in the M-1 District.
Summary Explanation & Background:
As part of a variance request the Planning and Zoning Board requested staff to prepare language that would allow conveyor belt systems
to encroach in the setback via a special exception.
Exhibits Attached: #1 Proposed Ordinance
City Planner's Office
Department: Building Department
ORDINANCE NO. 16-2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ARTICLE VII,
SECTION 110-534, OF THE CODE OF ORDINANCES
RELATING TO SPECIAL EXCEPTIONS IN THE M-1 LIGHT
INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT; PROVIDING FOR SPECIAL EXCEPTION
CRITERIA FOR CONVEYOR SYSTEMS; AMENDING
ARTICLE IX, SECTION 110-538, OF THE CODE OF
ORDINANCES RELATING TO ENCROACHMENTS;
ALLOWING CONVEYOR BELTS WITHIN SETBACKS IN
THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT DISTRICT BY SPECIAL EXCEPTION;
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 VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Canaveral Port Authority is a major port on the eastern seaboard and
borders the City of Cape Canaveral; and
WHEREAS, various materials and aggregate shipped to the Canaveral Port Authority must
be transported to the City of Cape Canaveral M-1 Light Industrial and Research and Development
District; and
WHEREAS, transporting the materials and aggregate through the use ofconveyorbelts may
reduce the need for heavy trucking vehicles within the City and thereby reduce the burden on City
roads; and
WHEREAS, the City desires to allow conveyor belts within setbacks by special exception
in the M-1 Light Industrial and Research and Development District only; 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:
City of Cape Canaveral
Ordinance No. 16-2005
Page 1 of 4
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 striiceou
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-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:
1L6,)_ Conveyor systems for purposes of moving aggregate and other materials,
subject to the following_
a. Conveyor systems must be connected and adjacent to Port Canaveral.
b. Conveyor systems crossing the setback must be constructed in a north -
south direction, perpendicular to Port Canaveral.
c. Conveyor systems must be completely enclosed where located within
a setback.
d. Conveyor systems shall not exceed 30 feet in height, where located
City of Cape Canaveral
Ordinance No. 16-2005
Page 2 of 4
within a setback.
e Conveyor systems in the setbacks shall not be located within 750 feet from
any other existing; or approved conveyor system sl. This measurement shall
be drawn as a straight line connecting the conveyor systems.
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 5. SETBACKS
Sec. 110-538. Encroachments.
Every part of every required setback shall be open and unobstructed from the ground to the
sky, except as follows or as otherwise permitted in this chapter:
16 Conveyor systems may be located within setbacks in the M-1 Light Industrial and
Research and Development District by special exception for purposes of moving aggregate
and other materials.
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.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
City of Cape Canaveral
Ordinance No. 16-2005
Page 3 of 4
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
.2005.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Burt Bruns
Bob Hoog
Jim Morgan
Rocky Randels
Buzz Petsos
City of Cape Canaveral
Ordinance No. 16-2005
Page 4 of 4