HomeMy WebLinkAboutPacket 03-08-2006 SpecialCity of Cape Canaveral
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
WEDNESDAY
March 8, 2006
7:00 P.M.
AGENDA
ORDINANCE:
1. MOTION TO APPROVE: ORDINANCE 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 (6) 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 BOARD TO EVALUATE POTENTIAL
PROBLEM AREAS ALONG THE AIA HIGHWAY CORRIDOR SHOULD SPECIAL
EXCEPTIONS ALONG Al 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, AT FIRST READING.
ADJOURNMENT:
Pursuant to Section 286.0105, Rvida Statutes, the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of
the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the
meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
Meeting Type: Special
Meeting Date: 03-08-06
AGENDA
Heading
Ordinances -l" Reading
Item
1
No.
Ordinance No. 01-2006
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 01-2006, EXTENDING FOR (6) MONTHS A MORATORIUM ON
SPECIAL EXCEPTIONS, SECTION 110-334(10), ALLOWING R-2 RESIDENTIAL
WITHIN THE C-1 ZONING DISTRICT ALONG THE AIA CORRIDOR
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider at first reading, Ordinance No. 0l -2006, extending for (6) months a moratorium on special
exceptions, Section 110-334(10), allowing R-2 residential within the C-1 zoning district along the AIA corridor.
Summary Explanation & Background:
The Planning & Zoning Board recommended this ordinance at their 02-22-06 meeting.
Exhibits Attached:
Ordinance No. 01-2006
City Mana ice
Department LEGISLATIVE
-n mydo men s\a council\meeting\2006\03-08-06\01-2006
doc
ORDINANCE 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 AlA HIGHWAY CORRIDOR FOR A
PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE
BUSINESS AND CULTURAL DEVELOPMENT BOARD TO
CONDUCT A SURVEY OF THE CITY'S RESIDENTS
REGARDING WHAT HINDS OF BUSINESSES THE
RESIDENTS DESIRE ALONG THE AIA HIGHWAY
CORRIDOR; PROVIDING FOR THE PLANNING AND
ZONING BOARD TO EVALUATE POTENTIAL PROBLEM
AREAS ALONG THE AlA 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) ofthe City Code regarding residential uses within the C-1 Commercial Zoning District along
the AIA 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, 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 AIA
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 1 A Highway corridor;
City of Cape Canaveral
Ordinance No. 0 1 -2006
Page 1 of 3
and
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 AlA 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 AIA 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 Reg. Planning Agency, 535 U.S. 302 (2002); and
WHEREAS, it is in the best interests of the City of Cape Canaveral to extend the 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 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 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 Business and Cultural Development Board will conduct a comprehensive survey of the
City's residents with regard to the kinds of businesses the residents desire to see along the AIA
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 AIA Highway corridor should special exceptions pursuant to
section 110-334(10) be permanently discontinued.
Section 3. Expiration Date. 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.
City of Cape Canaveral
Ordinance No. 0 1 -2006
Page 2 of 3
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 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 _
day of , 2006.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 0 1 -2006
Page 3 of 3
NOTICE OF PUBLIC HEARING
CITY OF CAPE CANAVERAL, FLORIDA
The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for first
reading, of Ordinance No 01-2006 in the City Hall Annex, 111; Polk Avenue, ,Cape Canaveral,
Florida at 7:00 P.M., on Wednesday; March, 8 2006. The ordinance may be inspected in its
entirety in the City Clerk's Office during business hours (8:30 a.m. to 5 p.m., Monday - Friday).
ORDINANCE 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 (6) 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 BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG
THE AIA HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG AIA 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.
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a
person decides to appeal any decision made by the City Council with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such
purpose that person might need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent, by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, npr does it authorize challenges or appeals not
otherwise allowed by law. Persons with disabilities needing assistance to participate in any of
these_proceedings should contact the City Clerk's office (868-1221)48 hours in advance of the.
meeting.
Susan Stills, CMC
City Clerk