HomeMy WebLinkAboutOrdinance No. 37-2003 ORDINANCE NO. 37 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ADOPTING A NEW SECTION 110 -321 OF THE
CITY CODE; RELATING TO THE PROTECTION OF
BEACH -END PUBLIC PARKING WITHIN THE MEDIUM
DENSITY RESIDENTIAL ZONING DISTRICTS;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DATE.
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, Policy CM -9.5 of the City's Comprehensive Plan requires the City to
provide transportation or parking facilities for beach and river shoreline access; and
WHEREAS, the City has conducted a survey of the existing public parking facilities
located at the City beach access crossovers and have found the facilities to be limited in number;
and
WHEREAS, the City, in accordance with its Comprehensive Plan, desires to protect and
Ih maintain the existing beach -end public parking facilities to ensure continued beach access to the
citizens of Cape Canaveral; and
WHEREAS, the City recognizes the property interest associated with reasonable access
to private property; and
WHEREAS, however, the rights of landowners abutting a roadway are subordinate to
the needs of government to improve the roads to meet the needs of the public, Weir v. Palm
Beach County, 85 So. 2d 865 (Fla. 1956); and
WHEREAS, the denial of the most convenient access to an abutting road does not
constitute a taking unless, when considered in light of the remaining access to the property, it can
be said that the property owner's right of access was substantially diminished, Palm Beach
County v. Tessler, 538 So. 2d 846 (Fla. 1989); 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.
'-0 City of Cape Canaveral
Ordinance No. 37 -2003
Page 1 of 4
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
C County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Code Adoption. That section 110 -321 of the Code of Ordinances, City of Cape
Canaveral, Florida, entitled Protection of Public Beach -End Parking is hereby adopted as follows
(underlined type indicates additions to the City Code):
Sec. 110 -321. Protection of Public Beach -End Parking.
In the R -3 (medium density residential) zoning district there exists beach -end public
parking as described in the following schedule:
Public Beach Access # of Public Spaces Location (side of street)
1 Harbor Heights 12, plus 1 Handicapped East Side
2 Canaveral Sands 0 N/A
3 Washington 10 North Side
4 Adams 8 North Side
Nare
5 Jefferson 8 North Side
6 Madison 14 North Side
7 Monroe 15 North Side
8 Jackson 16, plus 1 Handicapped North Side
9 Harrison 14 North Side
10 Tyler 14 North Side
}
S
11 Polk 7, plus 1 Handicapped North Side
12 Taylor 14 North Side
13 Fillmore 13 North Side
I
14 Pierce 14 North Side
i 15 Buchanan 12, plus 1 Handicapped North Side
i
1 16 Lincoln 9 North Side
1
17 Johnson 10 North Side
i
City of Cape Canaveral
Ordinance No. 37 -2003
' C Page 2 of 4
i
i
Access to property lying adjacent to these public parking facilities shall be subject to the
C re following:
(1) Ingress and egress to future development or redevelopment projects shall not cause the
removal or reduction of any existing beach -end public parking spaces, except as provided
herein.
(2) If, by operation of this section, ingress and egress to the property is denied, the property
owner may apply for a variance under this Chapter. To be entitled to such a variance, the
property owner must demonstrate that no reasonable alternative ingress or egress is
available. Reasonable alternatives include, but are not limited to, existing driveways,
alleys, or access easements. This subsection is supplemental and in addition to any
requirements provided within Section 110 -62 or any other provisions of the City Code.
(3) Where a variance is granted, the maximum number of beach -end public parking spaces
to be removed shall be two (2) spaces or twenty (20) feet.
(4) For any multiple dwelling unit development or redevelopment, ingress and egress access
shall only be provided through a single shared driveway to minimize the elimination of
beach -end public parking spaces.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
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.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 37 -2003
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 day of
October, 2003.
CQ-40 Clar3%`°"■.
ROCKY RANDELS, Mayor
ATTEST: For Against
t Bob Hoog Second
Jim Morgan Motion
_441_�� Buzz Petsos X
SUSAN' City C�erk Rocky Randels X
Richard Treverton X
First Reading: 10/07/2003
Legal Ad published: 10/11/2003
Second Reading: 10/21/2003
Approved as o legal form and sufficiency for
the City . Cap • Canaveral only:
40
ANTHONY A. GARGANESE, City Attorney
{
City of Cape Canaveral
Ordinance No. 37 -2003
Page 4 of 4