HomeMy WebLinkAboutResolution No. 2014-10RESOLUTION NO. 2014-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, OPPOSING SENATE BILL 1070 AND HOUSE
BILL 947 FILED IN THE 2014 LEGISLATIVE SESSION REGARDING
FUEL TERMINALS; SPECIFICALLY URGING THE FLORIDA
LEGISLATURE TO PRESERVE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND ZONING POWER TO REGULATE
THE USE OF LAND BY FUEL TERMINALS WITHIN LOCAL
COMMUNITIES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, local comprehensive planning and zoning have a tremendous impact on the
quality of life and property interests of all Floridians; and
WHEREAS, for almost a century, municipalities around the country (including within
Florida) have exercised police powers to adopt comprehensive zoning regulations to protect the
public health, safety, morals and general welfare of local communities. See e.g., Building Zone
Ordinance, City of New York (1916); Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); and
WHEREAS, in Florida, municipalities are also required to adopt comprehensive plans
for purposes of guiding and accomplishing coordinated, compatible, and harmonious land
development and providing efficient and effective local services that will promote the general
welfare for a particular local community. See §163.3164 et. seq. (Community Planning Act);
and
WHEREAS, in exercising its zoning and comprehensive plan powers, a municipality
must inherently and frequently consider many factors and land use issues that are peculiar to the
municipality's jurisdiction and a municipality must remain flexible to alternative approaches in
order to craft effective and innovative solutions to very specific local land use and service
concerns; and
WHEREAS, from the City of Cape Canaveral's experience and perspective,
comprehensive planning and zoning is not an "all -or- nothing" approach when it comes to
regulating the use of land and that promoting compatible land uses and addressing land use
conflicts within a particular jurisdiction requires municipalities to adopt and implement different
and sometimes unique solutions; and
WHEREAS, in reality, the City of Cape Canaveral has found that every city is different
and what works for one city may not work for another city when it comes to promoting and
preserving land use compatibility, balancing competing local interests, and providing municipal
services for the betterment of the entire community; and
City of Cape Canaveral
Resolution No. 2014 -10
Page 1 of 3
WHEREAS, City Council also recognizes, however, that it is essential that fuel terminal
infrastructure be considered and maintained in various locations in order to ensure the efficient
and reliable transportation and delivery of an adequate supply of fuel throughout the state; and
WHEREAS, the City of Cape Canaveral currently has one fuel terminal facility within
its jurisdictional limits that has been designated a non - conforming use for many years due to
local zoning regulations; and
WHEREAS, this fuel terminal facility is not currently permitted to expand under the
City's current zoning regulations and is also located within the City's newly created
Redevelopment Area that was established pursuant to the Community Redevelopment Act of
1969; and
WHEREAS, this fuel terminal facility is generally surrounded on three sides by several
large residential projects and a large beach side vacation resort that is one of the City's largest
tourist attractions; and
WHEREAS, the fuel terminal facility site within the City also consists of undeveloped
property, consisting of numerous trees along the outer perimeter of a portion of the site, that
serves as a natural buffer between the fuel tanks and other infrastructure on the site and the
adjacent residential projects and vacation resort; and
WHEREAS, any future expansion of the existing nonconforming fuel terminal facility
within the City could have a detrimental and adverse effect on numerous adjacent residents of
the City and could also have a detrimental economic effect on tourism within the City; and
WHEREAS, the Florida Legislature is considering Senate Bill 1070 and House Bill 947
( "Fuel Terminal Bill ") that would preempt local government comprehensive plans, land use
maps, zoning standards, and land development regulations by declaring fuel terminals existing as
of July 1, 2014, a permitted and allowable use in any land use or zoning category; and
WHEREAS, if the Fuel Terminal Bill is adopted in such a manner that it would preempt
the current nonconforming status of the existing fuel terminal within the City and allow the said
fuel terminal to expand or be reconstructed, the City Council finds the Fuel Terminal Bill will
conflict with the City's current comprehensive planning and zoning plan within the City and
likely have serious adverse consequences on the City and its residents and local tourist industry;
WHEREAS, the City Council hereby respectfully requests that the Florida Legislature
not preempt local government authority to adopt local comprehensive planning and zoning
regulations which may apply to fuel terminal facilities in order to preserve local government's
ability to protect its residents and businesses from incompatible land uses.
City of Cape Canaveral
Resolution No. 2014 -10
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated
by reference herein.
Section 2: The Cape Canaveral City Council urges the Florida Legislature not to adopt Senate
Bill 1070 and House Bill 947 and to preserve the authority of local government to enact and
enforce local comprehensive planning and zoning laws applicable to fuel terminals.
Section 3: The City Clerk is directed to distribute this Resolution to members of the Brevard
Legislative Delegation, the Florida House of Representatives and Senate, the Florida City and
County Management Association, the Florida League of Cities, and the Board of County
Commissioners for Brevard County.
Section 4: This Resolution shall take effect upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
March 2014.
Rocky Randels, Mayor
off //� • °°•• *••'.•° °•* _ �'�'
ATTEST! <k'z �� • �;�,�
Ange a M. Appe o , City Clerk
John Bond Mot-inn
Robert Hoog x
Buzz Petsos Second
Rocky Randels x
Betty Walsh x
Appr d as to Form:
Anthony . Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014 -10
Page 3 of 3