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HomeMy WebLinkAboutOrdinance No. 02-2005ORDINANCE NO. 02 -2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A 60 DAY MORATORIUM ON ISSUING LAND CLEARING PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA; INSTRUCTING THE PLANNING ZONING BOARD TO REVIEW THE LAND CLEARING PROVISIONS IN THE CITY CODE FOR REVISION AND RECOMMENDATION TO THE CITY COUNCIL; 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 Florida Constitution, .Article II, Section 7 provides that "It shall be the policy of the State to conserve and protect its natural resources and scenic beauty;" and WHEREAS, the City Council is dedicated to preserving and enhancing green areas within the City, to assuring the preservation of existing trees on public and private property, and to taking steps to require maintenance of existing and the installation of new trees in the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reducing air pollution by removing particles such as dust and pollen, increasing oxygen production, slowing surface water run off, reducing soil erosion, providing food, nesting sites and protection for wildlife, enhancing scenic beauty, and providing other environmental benefits; and WHEREAS, Chapter 102, Article II of the City Code provides for the regulation of tree protection, and specifically, for land clearing; and WHEREAS, the City has recently experienced an upsurge in land development pressure; and WHEREAS, as a result of this pressure, the City has developed serious concerns regarding aggressive land clearing within the City, including, but not limited to, the destruction of trees and insufficient tree and landscape mitigation to replace destroyed trees; and WHEREAS, the City Council and Planning and Zoning Board held a public workshop on January 13, 2005, for the express purpose of addressing these concerns and for addressing possible City of Cape Canaveral Ordinance No. 02 -2405 Page 1 of 4 revisions to the provisions of the City Code applicable to land clearing; and WHEREAS, the City Council believes that imposing a moratorium on the issuance of land clearing permits within the City will further the City's goal of protecting its natural resources while allowing for a comprehensive review of the City Code's land clearing provisions; and WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a comprehensive review of the land clearing provisions contained within the City Code and to recommend revisions to the City Council upon completion of this review; and ''WHEREAS, the United States Supreme Court has found that the issuance of temporary p ry 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. u. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS, it is in the best interests of the City of Cape Canaveral to institute a temporary moratorium in order to study alternative methods of regulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS; Section 1. Moratorium Established. That the above recitals are adopted as Findings of Fact which clearly indicate that an emergency exists and thereby justify the imposition of a sixty (60) day moratorium on issuing land clearing permits in the City of Cape Canaveral, in accordance with Section 102 -39(d) of the City Code, for any subdivision, multifamily, townhome, commercial or industrial development project. Section 2. Exemptions to Moratorium. Any person or entity who has attended a formal re- application meeting with City Staff within sixty (60) days prior to January 13, 2005, submitted a formal development application to the City, or has been issued a development permit by the City shall be exempt from the moratorium. Section 3. Special Waiver Provision. During the moratorium period, and in furtherance of the public purposes stated herein, any person or entity exempted from this moratorium may request a waiver from any City land development or zoning code. The City may grant the waiver under the following conditions: a. The waiver maybe granted by the City's planning and zoning board or city council during the site plan review process. Such waiver shall be at the board's or council's sole discretion on a case-by case basis. City of Cape Canaveral Ordinance No. 02 -2005 Page 2 of 4 b. The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and./or the implementation of an extraordinary landscape plan that goes well- beyond the requirements of the City Code including, but not limited to, planting additional and larger plant materials and trees, planting premium A -grade plants and trees, incorporating decorative hardscape features into the landscape design (e.g. fountains, decorative fences and walls, trellesis, lighting, etc.), and planting premium A -grade plant materials and trees on public property. c. The waiver is compatible with the surrounding area and the minimum waiver required to serve the public purpose stated herein. d. No waiver shall be granted which changes the list of permitted, conditional, special exception, or prohibited uses set forth in any zoning district category. e. The waiver must be consistent with the City's Comprehensive Plan. f. The waiver is not adverse to the public health, safety and welfare. g. Any waiver granted under this section shall automatically expire and be declared null and void if the underlying development order for the project expires. Section 4 . Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Planning and Zoning Board will review the current land clearing regulations contained within Chapter 102 of the City Code, and other related provisions of the code, and will propose new legislation to the City Council, which will address the City's concerns regarding the current land clearing practices within the City, and which are designed to preserve and protect the health, safety and welfare of the citizens of the City of Cape Canaveral. Section 5. Expiration Date. This ordinance shall expire 60 days after its effective date. The expiration date of this ordinance maybe extended for thirty (30) days by majority vote of the City Council at a duly held Council meeting. Section G. 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 7. 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 8. 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 City of Cape Canaveral Ordinance No. 02 -2005 Page 3 of 4 a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 9. 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,in a regular meeting assembled on the 1st day of February, 2005. C2•10CdId‘_$C2Git■rQQC ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog X Steve Miller X s Jim Morgan Motion SUSAN TILLS, City Clerk Buzz Petsos Second Rocky Randels X First Reading' ' January 18,2005 Legal Ad Published: January 22,2005 Second Reading: February 1,2005 Approved as to legal form and sufficiency for the City of Cape Canaveral only: A/V111/(tv 74-7 ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No.02-2005 Page 4 of 4