HomeMy WebLinkAboutcocc_ordinance_no_15-2019_201911191 ORDINANCE NO. 15-2019
2
3 AN ORDINANCE OF . THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, FLORIDA; ESTABLISHING
5 PUBLIC/RECREATION AND CONSERVATION ZONING
6 DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY
9 AND AN EFFECTIVE DATE. .
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
12 State Constitution, to exercise any power for municipal purposes, except when expressly
13 prohibited by law; and
14
15 WHEREAS, the City has a adopted a Comprehensive Plan in accordance with the
16 Community Planning Act; and
17
18 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
19 establishes a future land use category for Public and Recreation Facilities and Conservation; and
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21 WHEREAS, the City Council desires to create and adopt a zoning district designation
22 for Public and Recreation Use and Conservation consistent with, and for purposes of
23 implementing the City's Comprehensive Plan; and
24
25 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this
26 Ordinance on July 30, 2019 and recommended that the City Council adopt this Ordinance; and
27
28 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
29 this ordinance to be in the best interests of the public health, safety and welfare of the citizens of
30 Cape Canaveral.
31
32 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
33 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
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35 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
36 this reference as legislative findings and the intent and purpose of the City Council of the City of
37 Cape Canaveral.
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39 Section 2. Code Amendment. Chapter 110, Article VII — Districts of the Code of
40 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
41 indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
42 from this Ordinance of text existing in Chapter 110, Article VII - Districts. It is intended that the
43 text in Chapter 110, Article VII - Districts denoted by the asterisks and set forth in this Ordinance
44 shall remain unchanged from the language existing prior to adoption of this Ordinance:
45
46 CHAPTER 110 - ZONING
47
48 ***
City of Cape Canaveral
Ordinance No. 15-2019
Page 1 of 6
1 ARTICLE VII. - DISTRICTS
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3 * * *
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5 DIVISION 9. - PUB/REC PUBLIC RECREATION
6 Sec. 110.380. — Intent
7 The intent of the Public/Recreation (PUB/REC) zoning district is to provide land for public
8 facilities and active recreation while preserving open space for enjoyment of nature. Uses within
9 this category shall be designed to provide a high -degree of compatibility with community needs
10 and adjoining land uses, particularly residential ones.
11 Sec. 110.381. — Principal uses and structures.
12 The principle uses and structures permissible in the PUB/REC zoning district are as
13 follows:
14 (1) Public parks, including open space, playgrounds, and athletic fields.
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16 (2) Public facilities such as city hall, public schools, public safety buildings, public
17 utility facilities, city community centers, and cultural institutions including
18 museums, libraries and art galleries.
19
20 (3) Public recreation facilities such as kayak launches, skate parks, picnic tables
21 and pavilions, tennis, basketball and bocce courts, and swimming pools.
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23 (4) Multi -purpose recreation trails and boardwalks.
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25 al Frisbee golf courses.
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27 (6) Drainage and stormwater facilities.
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29 El Botanical and community gardens.
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31 (8) City initiated, sponsored and approved public art.
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33 Piers and non -motorized boat launches.
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35 (10) Other public or recreational uses approved by the City Council at a duly held
36 public hearing, but only after the City Council has made an affirmative
37 determination based on competent substantial evidence that the proposed use's
38 height, scale and intensity, hours of operation, building and lighting design,
39 setbacks, aesthetics, buffers, noise, refuse, odor, particulates, smoke, fumes and
40 other emissions, natural environmental impacts, parking and traffic -generating
41 characteristics, number of persons anticipated using, residing or working under
42 the proposed use and other offsite impacts, are compatible and harmonious
43 with the intent and purpose of this zoning district and adjacent land uses and
City of Cape Canaveral
Ordinance No. 15-2019
Page 2 of 6
1 . environment and will not adversely impact public services (including water,
2 sewer, stormwater and surface water management, police, fire, parks
3 and recreation, streets, public transportation, marina and waterways and
4 bicycle and pedestrian facilities), land use activities and natural habitat
5 and other environmental considerations in the immediate vicinity.
6 Sec. 110.382. — Accessory uses and structures
7 The accessory uses and structures permitted in the PUB/REC zoning classification shall be
8 as follows:
9 (1) Caretakers home.
10
11 (2) Administrative, support, restrooms and storage buildings of under 10,000
12 square feet per building.
13
14 (3) Small snack bars, sandwich shops and other incidental food and beverage
15 services under 1,000 square feet clearly incidental and subordinate to the
16 permitted park and recreational facility and intended to be utilized primarily by
17 users of the park or recreational facility.
18
19 (4) Community meeting halls/buildings
20
21 Sec. 110.383. — Special exceptions permissible by the Board of Adjustment.
22 RESERVED
23 Sec. 110.384. — Prohibited uses and structures.
24 In the PUB/REC zoning district, all uses and structures not specifically or provisionally
25 permitted in this Division are prohibited.
26 Sec. 110.385. — Area and Dimensions.
27 In the PUB/REC zoning district, the following area and dimensions shall apply:
28 al Minimum lot area shall be 5,000 square feet.
29
30 �21 Minimum lot width shall be 50 feet.
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32 al Minimum lot depth shall be 75 feet.
33
34 0j. Maximum coverage for building footprints shall be 35 percent, with overall impervious
35 coverage not exceeding 50 percent.
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37 12 Maximum building height shall be 35 feet.
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39 Sec. 110.386. — Minimum setbacks
40 In the PUB/REC zoning district, the minimum setback shall be 15 feet from all lot lines.
City of Cape Canaveral
Ordinance No. 15-2019
Page 3 of 6
1 Sec. 110.387. — Off-street parking and access.
2 In the PUB/REC zoning district, off-street parking and access to public or private roadways
3 shall be provided in accordance with Land Development Code sections 110.491 and 110.493.
4 DIVISION 10. - CONSERVATION
5
6 Sec. 110.388. — Intent.
7 The intent of the Conservation (CON) zoning district is to preserve the natural environment
8 and open space of certain areas deemed suited for preservation while allowing for limited less-
9 active recreational opportunities compatible with the area.
10
11 Sec. 110.389. — Principle uses and structures.
12
13 The following principle uses and structures shall be permissible in the Conservation zoning
14 district:
15 (1) Public and private game preserves, city, county and state parks, wildlife
16 management areas and refuges.
17
18 (2) Low -intensity public recreation, including, but not limited to, bicycle/nature
19 trails, boardwalks pavilions and overlooks, bird watching, recreational
20 fishing, canoeing or kayaking, nature centers and small, low -intensity
21 playgrounds.
22 (3) Water conservation areas, reservoirs and wells.
23
24 (4) Natural vegetated areas.
25
26 fAl Wetlands.
27
28 L61 Aquatic preserves.
29
30 (7) Historic or archaeologic sites.
31
32 (8) Other passive, conservation related uses approved by the City Council at a duly
33 held public hearing, but only after the City Council has made an affirmative
34 determination based on competent substantial evidence that the proposed use's
35 height, scale and intensity, hours of operation, building and lighting design,
36 setbacks, aesthetics, buffers, noise, refuse, odor, particulates, smoke, fumes and
37 other emissions, natural environmental impacts, parking and traffic -generating
38 characteristics, number of persons anticipated using, residing or working under
39 the proposed use and other offsite impacts, are compatible and harmonious with
40 intent and purpose of this zoning district and adjacent land uses and
41 environment, and will not adversely impact public services (including water,
42 sewer, stormwater and surface water management, police, fire, parks and
43 recreation, streets, public transportation, marina and waterways, and bicycle and
44 pedestrian facilities), land use activities and natural habitat and other
45 environmental considerations in the immediate vicinity.
City of Cape Canaveral
Ordinance No. 15-2019
Page 4 of 6
1
2 Sec. 110-390. — Accessory uses and structures.
3 The accessory uses and structures permitted in the Conservation zoning district shall be as
4 follows:
5 (1) Caretakers home.
6
7 (2) Administrative, support, restrooms and storage buildings of under 10,000 square feet.
8
9 (3) Any other uses found to be accessory and incidental to a permitted principle use and/or
10 structure.
11
12 Sec. 110-391. — Prohibited uses and structures.
13 In the Conservation zoning district, any uses or structures not specifically or provisionally
14 permitted in the district are prohibited.
15
16 Sec. 110-392. — Area and dimensional standards.
17 In the Conservation zoning district, the following area and dimensions shall apply:
18
19 (1) Minimum lot area shall be one (1) acre.
20
21 (2) Minimum lot width and depth shall not be required, so long as the lot area is one (1)
22 acre or more.
23
24 (3) Maximum coverage for building footprints shall be 30 percent, with overall impervious
25 coverage not exceeding 30 percent.
26
27 Sec. 110-393. — Minimum setbacks.
28 Minimum front, side and rear setbacks shall be 25 feet for the Conservation zoning district.
29
30 Sec. 110-394. — Off-street parking and access.
31 In the Conservation zoning district, off-street parking and access to public or private
32 roadways shall be provided in accordance with Land Development Code sections 110.491 and
33 110.493.
34
35 Sec. 110-394 —110-400. — Reserved.
36
37
38 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
39 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
40 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
41
42 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
43 Canaveral City Code and any section or paragraph, number or letter and any heading may be
44 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
45 like errors may be corrected and additions, alterations, and omissions, not affecting the
46 construction or meaning of this Ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No. 15-2019
Page 5 of 6
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8 Section 6. Effective Date. This Ordinance shall become effective immediately upon
9 adoption by the City Council of the City of Cape Canaveral, Florida.
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20 ATTEST:
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25 City Clerk
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29 First Hearing: August 20, 2019
30 Advertisement: September 5, 2019
31 Postponed: September 17, 2019
32 Postponed: October 15, 2019
33 Second Hearing: November 19, 2019
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36 for th e Canaveral only by:
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39 Anthony A. Garganese, City Attorney
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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day
of November, 2019.
o legal form and sufficiency
Bob Hoog, Mayor
For
Mike Brown Motion
Robert Hoog
Wes Morrison
Rocky Randels
Angela Raymond
City of Cape Canaveral
Ordinance No. 15-2019
Page 6 of 6
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