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Home My WebLink AboutOrdinance No. 11-2006ORDINANCE NO. 11-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA. AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA. CONDITIONAL USES) IN THE C -1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SEC`T'ION 110- 334(c)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE AIA HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE ]ATE. 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 enacted ordinance 19 -2005 on November 1, 2005 imposing a 90 -day moratorium on accepting applications and issuing special exceptions under section 1I0- 3 34(c)(10) of the City Code regarding residential uses 'Within the C -1 Commercial Zoning District along the A 1 A Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006 -05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, the City Council later enacted Ordinance 01 -2006 on March 21, 2006 extending the moratorium until September 30, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board conducted a survey of the City's residents, and held public meetings, with regard to what binds of businesses are desired along the A 1 A Highway corridor and whether residential uses should be permitted by special exception in C- I zoning districts; and WHEREAS, on July 26, 2006 the City Council, Planning and Zoning Board, and the Business and Cultural Development Board, by consensus, determined that the City should no longer permit residential uses by special exception in the C -1 zoning district along the A.IA Highway corridor; and WHEREAS, the City Council hereby finds that reserving the C -1 zoning district for City of Cape Canaveral Ordinance No. 11 -2006 Page 1 of 3 commercial uses along the A I A Highway corridor will promote economic development and attract more viable businesses within the City of Cape Canaveral; and WHEREAS, the City Council desires to amend Section 110- 334(c)(10) to repeal the residential special exception in the C -1 zoning district for properties adjacent and with frontage along the A 1 A Highway corridor; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, 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 . Amendment to Section 110- 334(c)(10), City Code. Section 110- 334(c)(10) of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and type indicates deletions, while asterisks (* * *} indicate a deletion from this Ordinance of text existing in Section 110334. It is intended that the text in Section 110- 334 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: (10) Single - family dwellings, two - family dwellings, townhouses or multiple - family dwellings; provided, however, there shall not be more than 15 dwelling units per net residential acre and such dwellings shall not be permitted on mo aloe the A I A Highway Corridor as depicted in Exhibit "A attached hereto and full incorporated herein by this reference See requirements in the R -2 district in division 3 of this article. These requirements apply to residential construction in the C -1 district. Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent 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 4. - Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and City of Cape Canaveral Ordinance No. H -2006 Page 2 of 3 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 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. 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,thi rd da of October, 2006. Caoc)4,0\ ROCKY RAND'ELS, Mayor ATTEST: For Against Burt Bruns X Bob bog _X_ �...: ,,�� " / Leo Nicholas Motion SUSA STILLS, City Clerk Rocky Randels _X Buzz Petsos Second First Reading: 09-19-06 Legal Ad published: 08-26-06 and 09-26-06 Second Reading: 10-03-06 ApprI -• as to legal form and sufficiency for the ape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 11-2006 Page 3 of 3 vi�fJL7IIiJ ono -0� MI LL E� LEA E XHIBIT .� A "+K rMr �wliaAFrrt�la��wrfaa�aa� X11 if ftf �� L� n� /�:! ! 1�4�•f TI ff{l>fl wt++Fti r�rr�aF�lMar r p� YA fMl/aa 4wwr. �M 77K ;yam aa� /'�fM f 0 "9- 2 00 6 tr_ lRjfJ•alik Tae W I -sho -I 7 scam^' *f ma, rWWAR YaagCepM Rrv CwA ?w416 JA_Yr y twrwr� �3-LAbov" hat ��LCawrar.nrr