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HomeMy WebLinkAboutcocc_ordinance_no_12-2023_202312191 ORDINANCE NO. 12-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING CHAPTER 110 - ZONING, 5 ARTICLE IX. — SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 6 2. — OFFSTREET PARKING RELATED TO MINIMUM PARKING 7 REQUIREMENTS FOR RESTAURANTS, BARS, CLUBS AND LODGES; 8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 9 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 10 CODE, SEVERABILITY AND AN EFFECTIVE DATE. 11 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 15 16 WHEREAS, the City Council is aware that in recent years some local governments have 17 reformed their respective local offstreet parking requirements by reducing or eliminating the 18 minimum number of offstreet parking spaces for new development and redevelopment for a 19 variety of land uses; and 20 21 WHEREAS, these local governments considered a variety of stated objectives such as 22 prioritizing limited space and promoting people over parking, reducing development costs, 23 reducing excess parking, promoting shared parking, reducing traffic by promoting bikeability and 24 walkability improvements to businesses, revitalizing underutilized buildings, increasing tax 25 revenue by prioritizing increased building intensities over parking spaces, providing site 26 development flexibility, boosting small businesses, encouraging infill development, promoting 27 housing development and addressing environmental sustainability concerns; and 28 29 WHEREAS, the City Council recognizes that the City of Cape Canaveral is a barrier island 30 with a limited total geographical area of 2.3 square miles and that space for commercial, 31 residential, industrial, recreational, conservation, and other uses is very limited and constrained; 32 and 33 34 WHEREAS, the City Council desires to take an incremental approach to eliminating the 35 minimum number of offstreet parking spaces for only restaurants, bars, clubs and lodges to 36 promote the creation of traditional public gathering spaces frequently desired and visited by the 37 citizens of Cape Canaveral; and 38 39 WHEREAS, even though the minimum number of offstreet parking spaces is being 40 eliminated for restaurants, bars and clubs and lodges, the City Council expects that developer, 41 business owners and organizations will still have a strong incentive during the site plan approval 42 process to manage and optimize the number of parking spaces to successfully support the parking City of Cape Canaveral Ordinance No. 12-2023 Page 1 of 4 1 demands generated by their restaurants, bars, and clubs and lodges; and 2 3 WHEREAS, the Planning & Zoning Board recommended approval of eliminating the 4 minimum number of offstreet parking spaces for restaurants and bars at a duly held public 5 meeting on September 13, 2023, and the City Council expressed a desire, at its November 21, 6 2023 meeting, to also include clubs and lodges which are listed as a separate permitted land use 7 in the Zoning Code; and 8 9 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 10 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 11 Cape Canaveral. 12 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 14 ORDAINS, AS FOLLOWS: 15 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 16 this reference as legislative findings and the intent and purpose of the City Council of the City of 17 Cape Canaveral. 18 19 Section 2. Amending Chapter 110 — Section 110-1. Definitions; and Article IX. 20 Supplementary District Regulations, Division 2. — Offstreet Parking. The City of Cape 21 Canaveral Code of Ordinances, Chapter 110 — Zoning Article I. — In General, Section 110-1 22 Definitions and Article IX. — Supplementary District Regulations, Division 2. — Offstreet Parking is 23 hereby amended as set forth below (underlined type indicates additions and strikeout type 24 indicates deletions, while*** indicate deletions from this Ordinance of said Chapter 110 — Zoning, 25 Article I. — In General, Section 110-1 Definitions and Article IX. — Supplementary District 26 Regulations, Division 2. — Offstreet Parking shall remain unchanged in the City Code): 27 28 CHAPTER 110 - ZONING 29 30 ARTICLE I. — In General. 31 32 Sec. 110-1. — Definitions. 33 34 The following words, terms and phrases, when used in this chapter, shall have the meanings 35 ascribed to them in this section, except where the context clearly indicates a different meaning: 36 37 *** 38 Clubs and lodges. Buildings and facilities owned or operated by a corporation, association, person 39 or persons for a fraternal, veteran, social, educational or recreational purpose, but not primarily [adding to the Code] 40 for profit nor to render a service which is customarily carried on as a business, and is licensed as 41 a restaurant and/or alcoholic beverage establishment. The use of such buildings or facilities tend City of Cape Canaveral Ordinance No. 12-2023 Page 2 of 4 1 to be restricted to the members of these organizations and their guests. (adding to the Code) 2 *** 3 4 ARTICLE IX. — Supplementary District Regulations 5 6 *** 7 Division 2. — Offstreet Parking 8 Sec. 110-491. — Number of spaces required. 9 There shall be provided at the time of the erection or change of use of any main building or 10 structure or at the time any main building or structure is enlarged or increased in capacity, by 11 adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking 12 space with adequate provisions for ingress or egress in accordance with the following: 13 14 (1) Auditoriums, theatres, (Stricken from the Code)-Clubs, lodges, restaurants and other places of assembly excluding 15 restaurants, bars, and clubs and lodges which shall be subject to section 110-498. -(adding to the Code). One space for 16 each three seats or seating places or one space for every 100 square feet of floor area of the main 17 assembly hall, whichever is greater. 18 19 *** 20 Sec. 110-498. — Restaurants and Bars; Clubs and Lodges - Offstreet Parking. (adding to the Code) 21 22 There shall be no minimum number of offstreet automobile parking spaces required for 23 restaurants, bars and clubs and lodges. However, any offstreet parking spaces, access drives and 24 aisles proposed for a restaurant, bar and club and lodge shall be subject to the site plan approval 25 process and other applicable provisions of the City Code. (adding to the Code) 26 27 Sec. 110-4989-110-505. — Reserved. 28 29 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 30 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 31 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 32 33 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 34 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 35 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 36 and like errors may be corrected and additions, alterations, and omissions, not affecting the 37 construction or meaning of this ordinance and the City Code may be freely made. 38 39 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 40 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of City of Cape Canaveral Ordinance No. 12-2023 Page 3 of 4 1 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 2 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 3 the validity of the remaining portions of this Ordinance. 4 5 Section 6. Effective Date. This Ordinance shall become effective immediately upon 6 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 7 Charter. 8 9 Adopted by the City Council of the City of Cape Canaveral, Florida, this 19th day of 10 December, 2023. 11 12 13 Wes Morrison, Mayor 14 15 16 17 18 ATTEST: 19 20 For Against 21 22 Mia Goforth, CMC Kim Davis 23 City Clerk 24 Kay Jackson Second 25 26 Mickie Kellum Motion 27 28 Wes Morrison X 29 30 Don Willis X 31 32 First Reading: November 21, 2023 33 Advertisement: December 7, 2023 34 Second Reading: December 19, 2023 35 36 Approved as to legal form and sufficiency 37 for the City of Cape Canaveral only by: 38 39 40 Anthony A. Garganese, City Attorney 41 City of Cape Canaveral Ordinance No. 12-2023 Page 4 of 4