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HomeMy WebLinkAbout08-23-2006 Regular MeetingPLANNING & 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 1st Alternate OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Rocky Randels Robert Hoog Todd Morley Jeffrey Ratliff David Sargeant Thomas Young Secretary City Planner City Attorney Mayor Mayor Pro Tem Building Official Public Works Fire Chief Sheriffs Department 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 Meeting Minutes: July 12, 2006. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of July 12, 7006. Vote on the motion carried unanimously. 2. Discussion Re: Storage 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 Boa. 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, 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 stated that these issues will be addressed, in the future, 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, and view of the 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 believe that this was a coincidence. She explained how the air quality index is monitored. She advised that the air increasingly reeks with the stench of pollutants from the vapors that are discharged 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 to repeal the special exception for liquid petroleum tanks in light industrial zones; and the citizens request that the City put a moratorium 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 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 23, 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 Boa: Meeting Minutes August 23, 2006 Page 7 a There being no further business the meeting was adjourned at 9:30 p.m. edin l Bea McNeely, Chairperson an n, Se retary