HomeMy WebLinkAboutcocc_ordinance_no_17-2019_201911191 ORDINANCE NO. 17-2019
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING THE SUPPLEMENTARY ZONING DISTRICT
6 REGULATIONS REGARDING OAK LANE; PROVIDING
7 FOR THE REPEAL OF PRIOR INCONSISTENT
8 ORDINANCES AND RESOLUTIONS, INCORPORATION
9 INTO THE CODE, SEVERABILITY AND AN EFFECTIVE
10 DATE.
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12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law, and pursuant to Section 316.006(2), Florida Statutes, the City shall have original jurisdiction
15 over all streets and highways located within the City's jurisdictional boundaries, except state roads,
16 and shall have the power to regulate all such streets and highways as provided by law; and
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18 WHEREAS, Oak Lane is a City public road located within the jurisdictional boundaries
19 of the City of Cape Canaveral, Florida; and
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21 WHEREAS, Oak Lane is one of two (2) remaining unpaved City public roads located
22 within the City of Cape Canaveral; and
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24 WHEREAS, a substantial portion of Oak Lane was conveyed to the City by Brevard
25 County in 1977 by County Deed recorded in Brevard County Official Records Book 1832 at Page
26 429, and that portion and the remaining portion of Oak Lane have regularly been maintained or
27 repaired continuously and uninterruptedly by the City for decades; and
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29 WHEREAS, the City Council recently adopted Resolution No. 2019-13 certifying a Right-
30 of -Way and Maintenance Map for Oak Lane, prepared by Campbell Surveying, LLC., and
31 recognizing all right, title, easement and appurtenances to Oak Lane described in said Resolution
32 are vested in the City of Cape Canaveral, in accordance with the provisions of Section 95.361,
33 Florida Statutes, or by other lawful means of acquisition including by County Deed; and
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35 WHEREAS, based on the Right -of -Way and Maintenance Map and survey information
36 provided by Campbell Surveying, LLC., the City Council finds that there is a need to adopt
37 supplemental zoning regulations to address front setback and existing private improvements and
38 utilities within and along Oak Lane in order to address property interests; and
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40 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this
41 Ordinance on September 25, 2019 and recommended that the City Council adopt this
42 Ordinance; and
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44 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
45 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
46 Canaveral.
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48 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
49 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
City of Cape Canaveral
Ordinance No. 17-2019
Page 1 of 3
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2 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
3 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
4 Canaveral.
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6 Section 2. Code Amendment. Chapter 110, Article IX — Supplementary District
7 Regulations of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as
8 follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks
9 (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Article IX —
10 Supplementary District Regulations. It is intended that the text in Chapter 110, Article IX —
11 Supplementary District Regulations denoted by the asterisks and set forth in this Ordinance shall
12 remain unchanged from the language existing prior to adoption of this Ordinance:
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14 CHAPTER 110 - ZONING
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16 * * *
17 ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS.
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19 * * *
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21 Sec. 110-490.2. — Oak Lane
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23 Notwithstanding any contrary provision in the City Code, the following provisions shall
24 apply to properties abutting Oak Lane:
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26 (a) The minimum front setback shall be 19 feet.
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28 (b) Private driveway aprons, curbing, pavers, mailboxes, landscaping, and utilities
29 ("Private Improvements") may be maintained by property owners within the unpaved portion of
30 Oak Lane at the property owner's expense. However, upon written notice by the City, property
31 owners shall be required to remove and relocate the Private Improvements in the event the City
32 determines that removal and relocation is required because of any of the following reasons:
33
34 (1) An emergency exists;
35 (2) The Private Improvements interfere with the free flow of vehicular or pedestrian traffic
36 within Oak Lane; or
37 (3) The repair, maintenance or improvement of Oak Lane by the City.
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39 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
40 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
41 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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43 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
44 Canaveral City Code and any section or paragraph, number or letter and any heading may be
45 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
46 like errors may be corrected and additions, alterations, and omissions, not affecting the
47 construction or meaning of this Ordinance and the City Code may be freely made.
48
City of Cape Canaveral
Ordinance No. 17-2019
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
4 be deemed a separate, distinct and independent provision, and such holding shall not affect the
5 validity of the remaining portions of this Ordinance.
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7 Section 6. Effective Date. This Ordinance shall become effective immediately upon
8 adoption by the City Council of the City of Cape Canaveral, Florida.
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26 First Reading: October 15, 2019
27 Advertisement: November 6, 2019
28 Second Reading: November 19, 2019
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33 Approved as to legal form and sufficiency
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37 Anthony A. Garganese, City Attorney
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
November, 2019.
Mia Goforth, CM
City Clerk
for the ape Canaveral only by:
Bob Hoog, Mayor
For
Mike Brown SPrond
Robert Hoog x
Wes Morrison g
Rocky Randels Motion
Angela Raymond x
City of Cape Canaveral
Ordinance No. 17-2019
Page 3 of 3
Against