HomeMy WebLinkAboutcocc_ordinance_no_08-2023_not-consideredOrdinance was not presented for City Council consideration.
1 ORDINANCE NO. 08-2023
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
4 BREVARD COUNTY, FLORIDA; MODIFYING SECTION 110-624 OF THE CITY
5 CODE REGARDING BUILDING HEIGHT IN THE ECONOMIC OPPORTUNITY
6 OVERLAY DISTRICT (EOOD); PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION
8 INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE.
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10 WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State
11 Constitution to exercise any power for municipal purposes, except when expressly prohibited by
12 law, and
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14 WHEREAS, the height of proposed buildings within the Economic Opportunity Overlay
15 Zoning District (EOOD) is regulated pursuant to section 110-624 of the Cape Canaveral City Code;
16 and
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18 WHEREAS, the City's Vision Statement provides, in part, that the City of Cape Canaveral
19 embraces its small-town feel; and
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21 WHEREAS, although the EOOD section 110-624(c) authorizes the City Council to approve
22 increased building heights above sixty-five (65) feet by Planned Development (PD) on a case-by-
23 case basis, the City Council has never been requested to exercise such authority since that code
24 provision was adopted and further, buildings exceeding sixty-five (65) feet in height would now
25 not been consistent with the City's Vision Statement nor the overall character of other buildings
26 and neighborhoods within the City of Cape Canaveral; and
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28 WHEREAS, the City Council finds that it is in the best interests of the City of Cape
29 Canaveral to repeal section 110-624(c) in furtherance of the City's Vision Statement and overall
30 development character of the existing community; and
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32 WHEREAS, the EOOD section 110-624(b) also permits the Community Appearance Board
33 to authorize increased building heights above four stories or forty-five (45) feet in height;
34 however, Chapter 110, Article VI. — Site Plans of the City Code authorizes the Planning and
35 Zoning Board to consider the approval of proposed site plans; and
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37 WHEREAS, based on the Community Appearance Board's and City Staff's previous
38 experience considering applications for increased building heights above forty-five (45) feet, the
39 City Council finds that the consideration and approval of such applications should be based on
40 both aesthetic factors as well as site planning requirements, and thus, the City Council desires to
41 modify the procedure for considering applications requesting increased building height above
42 forty-five (45) so that a more complete and comprehensive review of such requests can be made
43 by both the Community Appearance Board and the Planning and Zoning Board before final
44 approval is granted by the City; and
City of Cape Canaveral
Ordinance No. 08-2023
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