HomeMy WebLinkAboutOrdinance No. 19-2005ORDINANCE NO. 19 -2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (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; INSTRUCTING THE PLANNING AND ZONING
BOARD TO REVIEW THE APPROPRIATENESS OF
APPROVING FUTURE CITY PERMITS AUTHORIZING
RESIDENTIAL USES IN THE C -1 ZONING DISTRICT AND
TO MADE A RECOMMENDATION TO THE CITY COUNCIL
ON SAID ISSUE; AUTHORIZING ONE SIXTY (G0) 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, section 110-334(10) of the City Code currently allows by special exception
single family dwellings, two family dwellings, townhouses, and multiple - family dwellings in the C -1
commercial zoning districts subject to certain restrictions; and
WHEREAS, the City has recently experienced an upsurge in land development pressure
including commercial development along the AlA corridor; and
WHEREAS, the City's C -1 zoning districts are primarily located along the AI A corridor;
and
WHEREAS, on September 20, 2005, the City Council was presented preliminary data and
evidence from the City Planner evidencing that numerous special exceptions have been previously
granted by the Board of Adjustment which have authorized residential uses within the C -1 zoning
districts; and
WHEREAS, as a result of this significant residential encroachment into the C -1 commercial
districts, the City Council directed, at the September 20, 2005 council meeting, that a moratorium
be imposed forthwith because the Council has serious concerns regarding the appropriateness of
City of Cape Canaveral
Ordinance Igo. 19 -2005
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continuing to allow residential uses within the City's C -1 zoning districts; and
WHEREAS, residential special exceptions may be eroding the City's C- I commercial
districts and negatively depleting commercial land use opportunities within the City; and
WHEREAS, such residential special exceptions may also be creating incompatible land uses
within the City; and
WHEREAS, the City Council believes that imposing a moratorium on the issuance of
residential special exceptions within the C -1 zoning districts will further the City's goal ofprotecting
its commercial zoning areas while engaging in a comprehensive review of Section 110- 334(10) and
its impact on the overall Cape Canaveral community; and
WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a
comprehensive review of Section 110-- 334(10) of the City Code and to recommend revisions to the
City Council upon completion of this review to the extent necessary; 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 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 ofregulation 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 justify the imposition of a ninety (90) day 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 AIA 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 Planning and Zoning Board will review section 110- 334(10), and other related provisions
of the code, and will propose new legislation to the City Council to the extent necessary to protect
the C -1 zoning districts for their intended commercial purpose, to promote compatible land uses
within the City, and to preserve and protect the health, safety and welfare of the citizens of the City
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Ordinance Igo. 19-2005
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of Cape Canaveral.
Section 3. Expiration Date. This ordinance shall expire ninety(90)days after its effective date.
The expiration date of this ordinance may be extended for sixty(60) days by majority vote of the
City Council at a duly held Council meeting.
Section 4. 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 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 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 November, 2005.
ROCKY NDELS, Mayor
ATTEST: For Against
Burt Bruns Second
Bob Hoog X
41g*_ Jim Morgan X
SUS N S _ILLS, City Clerk Buzz Petsos Motion
Rocky Randels X
First Reading: October 4, 2005
Second Reading: November 1, 2005
Approved as t• legal form and sufficiency for
the City al): Canaveral only:
A HONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 19-2005
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