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HomeMy WebLinkAboutResolution 2006-05RESOLUTION NO, 2006-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, 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 FOR SIXTY (60) DAYS UNTIL MARCH 31, 2006; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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- 3 34(l 0) of the City Code regarding residential uses within the C -1 Commercial Zoning District; and WHEREAS, since the adoption of the moratorium, the Planning and Zoning Board has been reviewing the appropriateness of residential uses in the C -1 Commercial Zoning District; and WHEREAS, additional time is required in order to complete the City's review of the appropriateness of residential uses in the C -1 Commercial Zoning District; and WHEREAS, pursuant to Section 3 of ordinance 19-2005, the City may extend the expiration date of the moratorium 60 days by a majority vote of the City Council at a duly held Council meeting; and WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CI'T'Y OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorpoaration of Recitals The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Extension of Ex,.piration, Date The expiration date of the moratorium enacted pursuant to ordinance 19 -2005 is hereby extended for 60 days. The moratorium shall expire on March 31, 2006. City of Cape Canaveral Resolution No. 2405 -05 Page I of 2 Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction,whether for substantive or procedural reasons,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 Resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 17th day of January, 2006. C2© ROCKY RANDELS, Mayor ATTEST: For Against `' Bob Hoog Second Jim Morgan Motion Leo Nicholas _X SUSA 'STJLLS, City Clerk Rocky Randels _X CP; On '� Buzz Petsos _X Approve. . . legal form and sufficiency for the C. of C. .e Canaveral only: ANTHON : GARGANESE, City Attorney City of Cape Canaveral irw Resolution No.2006-05 Page 2 of 2