HomeMy WebLinkAboutOrdinance No. 01-2006ORDINANCE NO. 01-2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA EXTENDING THE
MORATORIUM ON ACCEPTING APPLICATIONS AND
ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110 -
334(10) OF THE CITY CODE REGARDING RESIDENTIAL
USES WITHIN THE C -1 COMMERCIAL ZONING DISTRICT
ONLY ALONG THE AIA HIGHWAY CORRIDOR FOR A
PERIOD OF SIX (G) MONTHS; PROVIDING FOR THE
BUSINESS AND CULTURAL DEVELOPMENT BOARD TO
CONDUCT A SURVEY OF THE CITY'S RESIDENTS
REGARDING WHAT KINDS OF BUSINESSES THE
RESIDENTS DESIRE ALONG THE AIA HIGHWAY
CORRIDOR; PROVIDING FOR THE PLANNING AND
ZONING BOARID TO EVALUATE POTENTIAL PROBLEM
AREAS ALONG THE AIA HIGHWAY CORRIDOR SHOULD
SPECIAL EXCEPTIONS ALONG AlA BE PERMANENTLY
DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY
EXTENSION OF THE MORATORIUM TO THE EXTENT
NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council enacted ordinance 19 -2005 on November 1, 2005 imposing
a 90 -day moratorium on accepting applications and issuing special exceptions under section 110-
334(10) of the City Code regarding residential uses within the C -1 Commercial Zoning District along
the A I A Highway corridor; and
WHEREAS, on January 17, 2006, the City Council approved Resolution 2005 -05, extending
the moratorium for sixty (60) days until March 31, 2006; and
WHEREAS, during the moratorium period the City's Business and Cultural Development
Board and Planning and Zoning Board determined that the issue of appropriate uses along the A I A
Highway corridor requires additional study; and
WHEREAS, the Business and Cultural Development Board shall conduct a survey of the
City's residents with regard to what kinds of business they desire along the A.I A Highway corridor;
and
City of Cape Canaveral
Ordinance No. 01 -2006
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WHEREAS, the Planning and Zoning Board desires to evaluate potential problems areas
along the A 1 A Highway corridor should allowing special exceptions pursuant to section 110- 334(10)
along Al be permanently discontinued; and
WHEREAS, the City Council desires to extend the current moratorium for an additional six
(6) month period beginning on March 31, 2006 and ending on September 30, 2006, in order for the
Business and Cultural Development Board and the Planning and Zoning Board to complete their
respective analysis of the appropriate uses along the A.l A Highway corridor; and
WHEREAS, the United States Supreme Court has found that the issuance of temporary
moratoria in order to preserve the status quo while studying the impact that certain development
activities have on an area does not constitute a taking per se; See Tahoe -- Sierra Preservation Council,
Inc. v. Tahoe Peg. Planning Agency, 535 U.S. 302 (2002),
WHEREAS, it is in the best interests of the City of Cape Canaveral to institute a temporary
moratorium in order to evaluate the desired commercial uses of the Highway AI A corridor and the
effects of discontinuing residential special exceptions in this area of the City altogether;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Moratorium Extended. That the above recitals are adopted as Findings of Fact
which clearly justify the six (6) month extension of the moratorium on accepting applications and
issuing special exceptions in accordance with Section 110- 334(10) of the City Code, for any single
family dwellings, two family dwellings, townhouses, and multiple - family dwellings in the C -1
commercial zoning districts along the A 1 A Highway corridor only. The moratorium enacted
hereunder shall not apply to any application for a special exception under Section 110- 334(10) of
the City Code that was filed with the City prior to October 18, 2005.
Section 2 . Action to be 'Taken. During the period of this moratorium, the City of Cape
Canaveral Business and Cultural Development Board will conduct a comprehensive survey of the
City's residents with regard to the binds of businesses the residents desire to see along the A 1 A
Highway corridor, and report the results of such survey to the Planning and Zoning Board and City
Council. Additionally, the City of Cape Canaveral Planning and Zoning Board shall evaluate
potential problems areas along the A.I A Highway corridor should special exceptions pursuant to
section 110 -3 34(10) be permanently discontinued.
Section 3 . Expiration Bate. The moratorium shall expire on September 30, 2006, six (6)
months after its effective date. The expiration date of the moratorium may be extended for sixty (60)
days by resolution of the City Council at a duly held Council meeting.
Section 4. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
City of Cape Canaveral
Ordinance Igo. 0 1-2006
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ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated
into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the
front desk at City Hall, and at other public places deemed appropriate by the City Manager.
Section 6. 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.
Section 7. Effective Date. This Ordinance shall become effective immediately upon the
expiration of the current moratorium on March 31,2006,which was enacted pursuant to Ordinance
19-2005 and Resolution 2006-05.
ADOPTED by the City Council of the City of Cape Canaveral,Florida,this 21st day
of March, 2006.
ROCKY RANDE'+LS, Mayor
ATTEST: For Against
Bob Hoog Second
Jim Morgan Motion
Leo Nicholas X
SUSAN STILLS, City Clerk Rocky Randels X
Buzz Petsos X
First Reading: 03-07-06 —Legal Ad published: 03-11-06
Second Reading: 03-21-06
Approved as e egal form and sufficiency for
the City • ap- Canaveral only:
L
THONY !�ARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 01-2006
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