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HomeMy WebLinkAbout10-25-2006 Regular MeetingCity 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 Council, Board of Adjustment, Code Enforcement and /or Community Appearance Board who may or 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 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Planning & Zoning Meeting Date: 10/25/06 AGENDA AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL Heading Proposed Ordinance Item No. #1 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. 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. Planning Official's Office Department Meeting Type: Planning & Zoning Meeting Date: 10/25/06 AGENDA AGENDA REPORT Heading Proposed Ordinance Item No. 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./DIVISION: Building Department Requested Action: Review and recommend to City Council proposed ordinance for proportionate Fair -Share Mitigation of Development Impacts on Transportation Corridors. Summary Explanation & Background: 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 10/11/06, to have the City Attorney prepare the ordinance for their review before sending to the City Council. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department -rtev4,- t_to CITY OF CAPE CANAVERAL BUILDING DEPARTMENT Memo Date: October 17; 200R 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 ➢ Interview with 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 CANAVERAL 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. PROPANE STORAGE TANKS BUSINESS: Spaceport BP ADDRESS: 8000 Astronaut Blvd. ZONING DISTRICT: C-1 Zoning District NUMBER OF PROPANE STOP AGF TANKS: On ABOVE GROUND XX BELOW STORAGE CAPACITY: 1000 Gallon LOCATION ON PROPERTY: North 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 A 1 A) TYPE OF BUFFERING: None DATE: 09/29/06 PHOTOS TAKEN: 09/29/06 Attachments: Photos, Aerial View, Brevard County District Map Page 1 of 1 41m Fq' s QV*. Wei( CoAtixt ixo a t* Aperatvt.' - a Se . ch if se* http://www. brevardpropertyapprai ser. com/scripts/esrimap. dll?name=Brevard 1 &i d=2006 1... 10/17/2006 Page 1 of 1 06 z G •�i;11I Ford, CFA: 13revard County Property Appraise 255 262 G' �ti'T,1N S11 299.2 298 67891 297 .2 5 9 1 59 258 G F1OINT RD C-1 26P8 285 cif s% 4 11sRN I ZONAL DER 304.2 295.2 n 294 291 24-37-23-00-00287.0-0000.0 26'4.1 0 z fag. Search iL I i7111441WInGT i L 1 2 1 2 124 9' 11 1 2 1 2 567 8 21 14 C-1 1 Crj 1+.0 9.01 11 13 14 �'76 'Ld�1 G-1 1 12345 6 crb 78 9i011 21314 7 9 12 13 15 9 ri- http://brevardpropertyappraiser. com/scripts/esrimap. dll?name=Brevard 1 &id=200610171... 10/17/2006 PROPANE STORAGE TANKS BUSINESS: ACE Hardware ADDRESS: 8300 Astronaut Blvd ZONING DISTRICT: C-1 Zoning District NUMBER OF PROPANE S TOR A rGF T A NTI S : One ABOVE GROUND XXX BELOW STORAGE CAPACITY: 1000 Gallon LOCATION ON PROPERTY: South East side of property p rty DISTANCE FROM NEIGHBORING PROPERTY: 60' to East side property line 39" to dumpster fencing TYPE OF BUFFERING: None DATE: 09/29/06 PHOTOS TAKEN: 09/29/06 Attachments: Photos, Aerial View, Brevard County District Map Page 1 of 1 Jini Fordl CFA B.reuarcd County; Property Appraiser Map. Search 830 n 834 .01 2.012 L ABTA OR 65 1.01 24-37-14-00-00549.0-0000.0 512 514.1 515 516 530.1 Annul -re GARDENI r C.-1 548 520 C- 1 250 c-I I I z 5. V 1 http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2006 1 0 1 71 ... 10/17/2006 Page 1 of 1 Jiin. Ford, CFA Brevarct County Property Appraiser Map Search Il -4,44 • (_p http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl &id=2006 101 71 ... 10/1 7/2006 PROPANE STORAGE TANKS BUSINESS: AJT, LTD ADDRESS: 8910 Astronaut Blvd ZONING DISTRICT: C-2 Zoning District NITMR_F.R OF PROPANE RTCAGE TANKS: One ABOVE GROUND BELOW XXX STORAGE CAPACITY: 1000 Gallon LOCATION ON PROPERTY: North East side of property DISTANCE FROM NEIGHBORING PROPERTY: 40' to East side of building 20' North East of A/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 District Map Page 1 of 1 Jim Ford, CFA Br'evard; County Property Appraiser • Map Search http://brevardproperryapprai ser. com/scripts/esrimap.dll?name=Brevard 1 &id=200610171... 10/17/2006 Page 1 of 1 Jim Ford, CFA Etrevard County Property Appraiser - Map. Search 4 , 4., http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl &id=2006 1 0171 ... 10/1 7/2006 GUJO PROPANE STORAGE TANKS BUSINESS: Purcell's Distributors, Inc. ADDRESS: 9010 Astronaut Blvd ZONING DISTRICT: C-1 Zoning District NT vTiMR+.�FiR OF PROPANE SwJTOvR AGViJ TANKS: ThreV small ABOVE GROUND XX BELOW STORAGE CAPACITY: 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 Page 1 of 1 Om Ford,.. CFA Brevard county; Property Apprais.er• -Map Search http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2006 1 01 8 1 ... 10/ 18/2006 Page 1 of 1 Ford, CFA, Brevard County: Property Appra.,iser • Map Search 30 25 24-37-15-00-00005.0-0000.0 YYY.Y YYYY.Y http://brevardpropertyappraiser. com/scripts/esrimap. dll?name=Brevard 1 &id=200610171... 10/17/2006 PROPANE STORAGE TANKS BUSINESS: United Space Alliance ADDRESS: 250 West Central Blvd ZONING DISTRICT: C-2 Zoning District 1iTT TA ID D D !lD DD (1D A ATD C T(1D A !'! E T A ATTI Q • Several 1 small 11 i. VlY1LL1\ Vl J. 1\V1 r-ll'I1� IJ 1 Vl\AIJL' 1 L71r111J. ►J�..V V1ai J111CLi1 Containers in a storage rack ABOVE GROUND XX BELOW STORAGE CAPACITY: 100 Pound Cylinder Tanks for Forklifts LOCATION ON PROPERTY: Cylinders stored in rack abutting Ease side property line DISTANCE FROM NEIGHBORING PROPERTY: none TYPE OF BUFFERING: Chain link fence and vegetation DATE: 09/29/06 PHOTOS TAKEN: 09/29/06 Attachments: Photos, Aerial View, Brevard County District Map Page 1 of 1 Jim; For.d,. CFA. Bre_ vard County Property, Appraiser: Map Search 8 http ://brevardpropertyappraiser.com/scripts/esrimap. dll?name=Brevard 1 &id=2006 1 01 81 ... 10/ 18/2006 Page 1 of 1 itint Ford, CFA Bre.var4 County Property, App,rsi.s:e.r,.. Map Sear:e.h http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=200610181... 10/18/2006 USG- PROPANE STORAGE TANKS BUSINESS: Arthur _Jonathan__ ADDRESS: 8700 Commerce Street ZONING DISTRICT: M-1 Zoning District 'Tr nMER OF Pu nP A K11 S Tnu ,r-E TANKS: One ABOVE GROUND XX BELOW STORAGE CAPACITY: 120 Gallon LOCATION ON PROPERTY: North West corner of building. DISTANCE FROM NEIGHBORING 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 Map Page 1 of 1 Jim Ford, CFA Brevard County Property Appraiser - Map, Search 24-37-15-00-00751.0-0000.0 g LA II ENTR L EL VD W http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl&id=20061 01 81 ... 1 0/18/2006 Page 1 of 1 J em. Ford, CFA. Srevar4 County Property A►p;p,ra ae - 6.4ap Saa.rc..h http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=20061 01 81 ... 10/18/2006 PROPANE STORAGE TANKS BUSINESS: Marshal Manufacturing ADDRESS: 200 Imperial Blvd. ZONING DISTRICT: M-1 Zoning District 'MTTR BE f1F PP"PAN\TF STOP A(1 TAN C. " e 1 \ V 1Y11.JL1\ V1 1 1\V1 1 11 \.L ►J 1 VltL 1VL 11 11' J' L7 • 11V ABOVE GROUND XX BELOW STORAGE CAPACITY: 500 Gallon LOCATION ON PROPERTY: North West section of property DISTANCE FROM NEIGHBORING 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 DATE: 09/29/06 PHOTOS TAKEN: 09/29/06 Attachments: Photos, Aerial View, Brevard County District Map Page 1 of 1 Jim Ford, CFA Brevard County Property Appraiser Map Search http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl &id=2006 1 01 81... 10/18/2006 Page 1 of 1 Jim Ford,,. f ;FA Propgxty, A ra a< Map S ar:c.h ,„„n LY' http://brevardproperryappraiser. com/scripts/esrimap. dl l?name=Brevard 1 &id=200610181... 10/18/2006 --2-mr lrq-c_, A3L.,LUD 01co Quo PROPANE STORAGE TANKS BUSES S : *nTerrca European Bakery ADDRESS: 407 Imperial Blvd. Unit D-3 ZONING DISTRICT: M-1 Zoning District NT TMRFR nF PR n_p e ter- c rrnn A n L' T A ,.n7 n ..1 1 1\V1 l �l \L 1 uj�l GE 11-,1NKS: V11e ABOVE GROUND XX BELOW STORAGE CAPACITY: 120 Gallon LOCATION ON PROPERTY: North East corner of building DISTANCE FROM NEIGHBORING 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: Photos, Aerial View, Brevard County District Map Page 1 of 1 .rim Ford, CFA, Brevard County Property Appraiser• - Map Search http://brevardpropertyappraiser.com/seripts/esrimap.dll?name=Brevard 1 &ic1=2006 1 018 1 ... 10/1 8/2006 Page 1 of 1 Jint Fora,. CFA:; Etreyarck County- Property Appraiser -. k Search http://brevardpropertyappraiser.com/scripts/esrimap. dll?name=Brevard 1 & id=200610181... 10/ 18/2006 PROPANE STORAGE TANKS FOR MOBILE HOME PARKS Cocoa Palms Trailer Park 6815 N Atlantic Avenue 84 Mobile Home Sites 70 Have Propane Tanks Hitching Post Trailer Park 7521 N Atlantic Avenue 100 Mobile Home Sites 75 Have Propane Tanks Mango Manor Trailer Park 8507 N Atlantic Avenue *Includes Kings Lane 46 Mobile Home Sites 36 Have Propane Tanks Southgate Mobile Home Park 8817 N Atlantic Avenue 110 Mobile Home Sites 19 Propane Tanks Page 2 Mobile Home 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 mobile home parks abut the mobile 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 GALLONS 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. (Tmar Russell, Vice Chairperson son explained that staff has been directed to conduct a City-wide inventory of all liquefied petroleum tanks and upon receiving staffs 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 iscfr 1 WORKING DRAFT October 18, 2006 ORDINANCE NO. -2006 AN ORDINANCE QFHE_.CITY OF CAPE CANeVERAL, FLORIDA,; AMENDING CHAPTER 86, CONCURRENCY MANAGEMENT SYSTEM, OF THE CODE OF ORDINANCES; ESTABLISHING ARTICLE II. OF CHAPTER 86, IMPLEMENTING A PROPORTIONATE FAIR SHARE MITIGATION PROGRAM RELATED TO TRANSPORTATION FACILITY IMPACTS PURSUANT TO THE REQUIREMENTS OF FLORIDA LAW; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION TNTO THE CODE; S VER A nIT TTY; ANTI A N EFFECTIVE , �✓tJ 1 1JL�L1L iLi i 1 , L11 \L !il \ i:Ji' i' L' V i i � 1J 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 failure 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 Page 1 of 12 C{ j 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 Cape Canaveral Comprehensive Plan; 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 stiill,vut 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 *** Secs. 86-14 — 86--20. Reserved. ARTICLE II. TRANSPORTATION FACILITY PROPORTIONATE FAIR -SHARE MITIGATION 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 he mitigated by the cooperative efforts of the public an private sectors, to be known as "the Proportionate Fair -Share Program" as required by and in the manner consistent with section 163.3180(16), Florida Statutes. City of Cape Canaveral Ordinance No. -2006 Page 2 of 12 WORKING DRAFT October 18, 2006 Sec. 86-22. Applicability. The Proportionate Fair -Share Program shalLappIy to all developments in th_ P City hat have 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 by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of section 86-23. The Proportionate Fair -Share Program does not apply to developments of regional impact (DRIs) using proportionate fair -share under section 163.3180(12), 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. (al An applicant may choose to satisfythe transportation r YY 7 coneurreni.y requirements o1 the City by making a proportionate fair -share contribution, pursuant to the following requirements: (1) The proposed development is consistent with the comprehensive plan and applicable land development regulations. (2. The five-year schedule of capital improvements in the Capital Improvement Element ("CIE") of the City'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 project or projects needed to satisfy concurrency are not presently contained within the local government CIE or an adopted long-term schedule of capital improvements. (b) The City may choose to allow an applicant to satisfy 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 CIE or a Iong-term schedule of capital improvements for an adopted long-term CMS, where the following apply: (1) 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)1, 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 Page 3 of 12 WORKING DRAFT October 18, 2006 payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. (2) , 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 by tie CMS, the City may 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 will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements f„nded by the pro,+ortionat:, f i. hare component au.,uvuv) Yiv�lvauviiuwiuu-Stiut�,�,v�tiYvin.ti� must be adopted 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. Any improvement project proposed to meet the developer's fair -share obligation must meet design standards of the City for locally maintained roadways and those of the FDOT for the state highway system. Sec. 86-24. Intergovernmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the City's comprehensive plan and applicable policies in rrederence adopted regional plant, the City shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair - share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose. Sec. 26-25. Application process. (a) , 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 Page 4 of 12 WORKING DRAFT October 18, 2006 Intermodal System, then the FDOT will be notified and invited to participate in the pre - application meeting. (c) 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: L Name, address and phone number of property owner(s), developer and agent; 2L Property location, including parcel identification numbers: DI Legal description and survey of property; (4_ Project description, including type, intensity and amount of development; . Phasing schedule. if applicable; Description of requested proportionate fair -share mitigation method(s): and La Copy of concurrency application. (d) The concurrency manager shall review the application and certify that the application is sufficient and complete within 10 business days. If an application is determined to be 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 such deficiencies. provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure. (e) Pursuant to section 1 63.3180(16)(e), Florida Statutes, proposed proportionate fair - 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. (f) 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 appropriate 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 which the applicant received the notification of a sufficient City of Cape Canaveral Ordinance No. _-2006 Page 5 of 12 WORKING DRAFT October 18, 2006 application and no fewer than 14 da s prior to the City Council meeting when the agreement will be considered. (g) 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 obligation. (a) , 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. fh\ A development ent 1,..11 ♦ 1,.. -.....,.•....d t. L..� fair -share. _ tub i ueve1opmcn� Saiuia not uC required W pay more than 1W jiiupul Uuu4tC ItUt-JIIdIG. The fair market value of the proportionate fair -share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. LI The methodology 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 by the change 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 Where: Proportionate Fair -Share = E{{(Development Trips) / (SV Increase)1 x Cost; J. Development Trios4 = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS: SV Increase; = Service volume increase provided by the eligible improvement to roadway segment "i" per section E; Cost. = 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 Page 6 of 12 QA, WORKING DRAFT October 18, 2006 (d) 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 CIE, the MPO/TIP or the FDOT Work Program .here_ such_info matio-n_is_not, available, improvement cost shall be determined using one of the following methods: !I An analysis by the City of costs by Vaa section type that incorporates data from recent projects and is updated annually and approved by the City Council. In order to accommodate increases in construction material costs, project costs shall be adjusted to address inflation; or (2) 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 projects on acquisition, drainage and utility costs; and significant changes in the cost of rnaterials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District. If the City has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section. a If the City has accepted right-of-way dedication for the proportionate fair -share payment, credit for the dedication of the non -site related right-of-way shall be valued on the date of the dedicatio v 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 expense 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 partners should contact the FDOT for essential information about compliance with federal law and regulations. Sec. 86-27. Impact fee credit for proportionate fair -share mitigation. Lai Proportionate fair -share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the 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 Page 7 of 12 WORKING DRAFT October 18, 2006 (b) Impact fee credits for the proportionate fair -share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Im • act fees owed by the applicant will be reduced per the Proportionate_.EaimShare 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 under development d r review, then the applicant or its v successor must pay the remaining impact fee amount to the City pursuant to the requirements of the impact fee regulations. (c) Major projects 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. (rll The proportionate fair -chore nhtirratinn is intended to mitig to the trap port ti , LL x-•'r `-`-�••-"• ++++Lt sUiv L++li L+ULJ�.JVILUL1Vtl impacts of a proposed development at a specific location. As a result, any road impact 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 agreements. (a) Upon execution of a proportionate fair -share agreement (Agreement) the applicant shall receive a City certificate of concurrency approval. Should the applicant fail to apply for a development permit within twelve (12) months then the Agreement shall be considered 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 and shall be non-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 payment, pursuant to section 86-26 and adjusted accordingly. 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. Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair -share agreement must be completed prior to issuance of the final development order or recording of the final plat. City of Cape Canaveral Ordinance No. -2006 Page 8 of 12 WORKING DRAFT October 18, 2006 LL Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair -share contributions to the extent the change would generate additional traffic that would require mitigation— (f) Applicants may submit a letter to withdraw from the proportionate fair -share agreement t to the Th application fee at any e prior the execution of the agreement. The appilt,atlOn tee and any associated advertising costs to the City will be non refundable. (g) [OPTIONAL PROVISION1 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. Lgi. Proportionate fair -share revenues shall be placed in the appropriate project 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 project 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. (b) In the event a scheduled facility improvement is removed from the CIE, then the revenues 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 facility has been designated as a regionally significant 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 TRIP. 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. (c) [OPTIONAL PROVISION1 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: (1) 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 Page 9 of 12 WORKING DRAFT October 18, 2006 reassigned under the terms and conditions acceptable to the City. La An account may be established for the applicant___forthe purpose oL reimbursing the applicant for the excess contribution with proportionate fair -share payments from future applicants on the facility. (3) 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. [OPTIONAL PROVISION] Cross jurisdictional impacts. In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the City may enter an agreement with one nr more adjacent !oral governments to address jurisdictionalimpacts f 3».-...•- .)vv.. cross �ultuuiV L1 V11L31 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. (b) 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: (1) All or part of the proposed development is located within tilitIAMIAll 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 use ff ve percent or moire "Of the adopted peak hour fog maxfTh service voiuii el of a regional transportation facility within the concurrency jurisdiction of the adjacent local government ("impacted regional facility"): and La The impacted regional facility is projected to be operating below the level of service standard, adopted by the adjacent local government, when the traffic from the proposed development is included. &. Upon identification of an impacted regional facility pursuant to subsection (b)(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. La The adjacent local government shall have up to ninety (90) days in which to City of Cape Canaveral Ordinance No. _-2006 Page 10 of 12 WORKING DRAFT October 18, 2006 notify the City of a proposed specific proportionate fair -share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of section 163.3180(16), Florida Statutes. Should the adjacent local government decline proportionate fair -share mitigation under this section, then the provisions of this section would not apply and the applicant would be subject only to the proportionate fair share requirements of the City. (2) If the subject 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 adjacent local government has been satisfied. The City may require the adjacent local government to declare, in a resolution. ordinance, or equivalent document, itc intent for the use of the ronrnrrency funds to be „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. Section 6. 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. ATTEST: ROCKY RANDELS, Mayor Burt Bruns Bob Hoog City of Cape Canaveral Ordinance No. _-2006 Page 11 of 12 For Against SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney WORKING DRAFT October 18, 2006 Leo Nicholas Rocky Randels B.uzzPetsos City of Cape Canaveral Ordinance No. _-2006 Page 12 of 12 Meeting Type: Planning & Zoning Meeting Date: I0/25/06 AGENDA AGENDA REPORT LANNING-&-ZONING-BOARD Heading Discussion Ilem No. #3 THE CITY OF CAPE CANAVERAL SUBJECT: Discussion — Creating a new Checklist or Matrix for Special Exception Reviews. DEPT./DIVISION: Building Department Requested Action: Discussion regarding creating a new methodology for special exception reviews. Discuss the process and 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 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 27`h 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. Exhibits Attached: 1) Report from P&Z Board member Lamar Russell, 2) Draft Matrix for discussion. Planning Official's Office Department 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 memnhers before each meeting_which_will-consider a Spe-cial- Exception. 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 storage 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. Size 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?