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Home My WebLink AboutOrdinance No. 06-2010 FailedFAILED TO PASS AT FIRST READING 7/6/2010 ORDINANCE NO. 06-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES TO AUTHORIZE COMMERCIAL PARKING FACILITIES BY SPECIAL EXCEPTION IN THE C -1, M -1 AND C -2 ZONING DISTRICTS SUBJECT TO CERTAIN MINIMUM REQUIREMENTS; 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, the City Council desires to amend the City Code to authorize commercial parking facilities by special exception in the C -1, M -1 and C -2 zoning districts; 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. BE IT ORDAINED 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, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeou 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): CHAPTER 110. ZONING ARTICLE VII. DISTRICTS City of Cape Canaveral Ordinance No. 06 -2010 Page 1 of 5 A Attachment #3 DIVISION 5. C -1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110 -334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: Commercial parking facilities, as provided in section 110 -557 of this Code. All special exception applications for commercial narking facilities shall be accompanied by a site elan drawn to scale depicting the parkin lot, any buildings landscape buffers and driveways. Commercial parking, facilities shall be subject to the City's site plan review procedures set forth in Article VI, Site Plans, of this Chanter. DIVISION 6. M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110 -354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be granted for the following: Commercial parking facilities, as provided in section 110 -557 of this Code. All special exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parking lot, any buildings landscape buffers and driveways. Commercial parking facilities shall be subject to the Cit es site plan review procedures set forth in Article VI. Site Plans. of this Chapter. City of Cape Canaveral Ordinance No. 06 -2010 Page 2 of 5 :1 DIVISION 8. C -2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110 -383. Special exceptions permissible by the board of adjustment. (c) Special exceptions may be permitted for the following: Commercial parking facilities, as provided in section 110 -557 of this Code All special exce tion applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parkin lot, o�y buildings landscape buffers and driveways. Commercial parkins facilities shall be subject to the City's site plan review procedures set forth in Article VI, Site Plans of this Chapter. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 6. VEHICLES AND VESSELS Sec. 110 -557. Commercial parking facilities. (a) Commercial parking facilities shall mean facilities primarily engaged in the commercial enterprise of providing parking space for motor vehicles, usually on an hourly, daily, or monthly basis. b�1 Commercial parking facilities maybe authorized by special exception in the C -1 M -1 and C -2 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: tL A commercial parkin fg acility shall not be located within one -third (1 /3) of a mile from an existing commercial parking facility. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the exi sting use to the closest property boundary of the roposed use City of Cape Canaveral Ordinance No. 06 -2010 Page 3 of 5 11 Minimum lot area for commercial parking facilities shall be 12,000 square feet: Minimum lot width for commercial parking facilities shall be 100 feet; LZ A continuous, densely planted, greenbelt of not less than 15 feet in width penetrated only for ingress and egress to and from the prop= at points approved by the City during site plan review, shall be provided along all property lines abutting public rights-of-way or properties zoned residential or containing residential use. Said greenbelt shall be in conformance with the requirements of section 110 -566 et seq. of this Code, as may be amended from time to time. Where a wall or fence is proposed as screening, as authorized by this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property: La Parking areas shall be paved and striped in accordance with the city's off - street parking regulations: All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic: On -site servicin or repair of vehicles is prohibited: Ic LL Outdoor paging or speaker systems are ex, ssly prohibited: La Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. daily: and The parking of boats, trailers recreational vehicles and special purpose vehicles shall be prohibited. 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 S. Severability. If any section, subsection, sentence, clause, phrase, word or City of Cape Canaveral Ordinance No. 06 -2010 Page 4 of 5 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 day of , 2010. ROCKY RANDELS, Mayor ATTEST: Bob Hoog Buzz Petsos Mia Goforth, Acting City Clerk Rocky Randels C. Shannon Roberts Betty Walsh 1' Legal Ad published: First Reading: 2' Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 06 -2010 Page 5 of 5 For Against A