HomeMy WebLinkAboutOrdinance No. 12-2017 ORDINANCE NO. 12-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTION 110-609 OF THE CITY OF CAPE
CANAVERAL LAND DEVELOPMENT CODE;
CLARIFYING THAT HOTELS ARE A PERMITTED USE IN
THE AlA ECONOMIC OPPORTUNITY OVERLAY
DISTRICT; 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,Ordinance No.02-2016 amended Sec. 110-352 of the City of Cape Canaveral
Land Development Code ("Code") to allow hotels, with a minimum of 150 rental units, as a
permitted use in the M-1 district; and
WHEREAS, Sec. 110-609 of the Code currently provides that hotels and motels that are
also in the AlA Economic Opportunity Overlay District are only allowed as a special exception in
the M-1 District; and
WHEREAS, the City Council desires to correct this inconsistency in the Code related to
hotels in the M-1 district; and
WHEREAS, Sec. 110-627(1)(b) of the Code already further provides that hotels within
the A 1 A Economic Opportunity Overlay District must have 150 units with no minimum lot size;
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.
NOW,THEREFORE,BE IT ENACTED 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 110 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout 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):
City of Cape Canaveral
Ordinance No. 12-2017
Page 1 of 3
Chapter 110—ZONING
* * *
ARTICLE X.—AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT
* * *
DIVISION 2.—ADMINISTRATION
* * *
Sec. 110-609. - Use matrix.
The District is intended to serve as both the main gateway area into the city as well as the
main street to the city's proposed Town Center. The following land use matrix (Table 1) identifies
the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed
(NA).
Table 1. Land Use Matrix
Uses (not a complete listing)* C-1 C-2 M-1
Retail P P P '
Personal Services P P SE '
Hotels and Motels P P ' P SE 1-
Banks P P SE '
Waterfront Restaurant P P SE
Assisted Living Facility SE SE 1 NA
Pharmacies 2 P P NA
Flex space(office, showroom, warehouse) 2 SE SE P
Convenience store w/gas 2 SE SE P
High tech/light manufacturing 2 SE P P
Warehousing 2 NA SE P
Off-site cruise ship parking accessory to hotels and motels 2 SE SE SE
Commercial Parking Facility(minimum lot size of 5 acres) 3 NA NA SE
Port of Call Facility [Permitted pursuant to a Development P P P
Agreement (DA)] 1 (w/DA) (w/DA) (w/DA)
Attraction and Destination uses ' PD PD PD
Mixed Use Development uses (i.e. Town Center) 1 I PD I PD PD
City of Cape Canaveral
Ordinance No. 12-2017
Page 2 of 3
' Added use.
2 Use included to clarify intent of code.
*Uses not specifically listed may be approved as a Planned Development (PD).
* * *
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 15th day
of August, 2017.
t tee,,.
•
4
ATTEST; : Bob` ,`s Hoog, Mayor
_ �„ d2 �� For Against
Mi ofo` -�, ,-C'm r
C. Clerk Co4.....�ti�`� Mike Brown x
1st Reading: July 18, 2017
Robert Hoog x
Advertisement: August 3, 2017
2"d Reading: August 15, 2017 Brendan McMillin Motion
Rocky Randels Second
Approverot
• form and sufficiency
for the Canaveral only by: Betty Walsh x
doe
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 12-2017
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