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HomeMy WebLinkAboutOrdinance No. 24-1972MICROFILMED 3 -14-80 ORDINANCE NO. 24 -72 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AUTHORIZING THE ZONING AND PLANNING BOARD TO FORMULATE AND PROPOSE THE RESERVATION OF LOCATIONS FOR PROPOSED FUTURE STREETS; PROVIDING FOR RESERVATION OFLOCATIONS OF MAPPED STREETS FOR FUTURE PUBLIC ACQUISITION AND PROVID- ING FOR RESTRICTIONS IN CONSTRUCTING BUILDINGS IN RESERVED STREET LOCATIONS; PROVIDING FOR A SEPARABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Purpose: This Ordinance is adopted pursuant to the provisions of Florida Special Acts, Chapter 63 -1144. The purpose of this Ordinance is to formulate and propose the reservation of locations for proposed future streets in connection with the preparation of the comprehen- sive plan or portions thereof. The Zoning and Planning Board of the City of Cape Canaveral, Florida is hereby designated as the planning commission provided for in said Special Acts. SECTION 2. Legal Status of Comprehensive Plan: When- ever a comprehensive plan for the area, or a portion of such plan corresponding generally with a functional subdivision of the subject matter or a geographic subdivision of the area has been adopted by the Zoning and Planning Board and approved by the City Council, then and thenceforth no street, park or other public way, ground, place or space, and no public building or structure shall be constructed, altered or authorized in the area until and unless the location and extent thereof shall have been sub- mitted to the Zoning and Planning Board for a report on its approval or disapproval, including the reasons therefor. Within thirty (30) days after the request for such report has been received by the Zoning and Planning Board or within such other time limit as shall be agreed upon either such report shall be made or failure of the said Board to act shall be deemed approval. The Zoning and Planning Board's report may be overruled by a majority vote of the entire membership of the City Council. flR 24-72 PAGE I OF 1 C R O C " 3.14.8, SECTION 3. Reservation of Location of Mapped Streets for Future Public Acquisition: After adoption of that portion of the comprehensive plan involving a major street plan for an area, the City Council may direct the Zoning and Planning Board to make or cause to be made surveys for the exact location of the lines of a street or streets in any portion of the area and to make a plat of the territory thus surveyed, showing the land which it recommends be reserved for future acquisition for public streets. The Zoning and Planning Board, before adopting any such plat, shall first obtain the approval of the City Engineer and the City Planner, then hold a public hearing thereon with due public notice. After such hearing the Zoning and Planning Board may transmit the plat as originally made, or modified to the City Council, together with the Zoning and Planning Board's estimate of the time or times within which the lands shown on the plat as streets location should be acquired by the City. Thereupon by Ordinance, the City Council may approve and adopt or may reject any such plat, or may modify it with the approval of the Zoning and Planning Board, or in the event of the Zoning and Planning Board's dis- approval of the modification, the City Council may, by a favorable vote of not less than four -fifths (4/5) of its entire membership, modify such plat and adopt the modified plat. In the Ordinance adopting such plat, the City Council shall fix the period of time for which the street locations shown on the plat shall be deemed reserved for future taking or acquisition for public use. Said period of time not to exceed twenty (20) years. Upon such adoption, the City Clerk shall transmit for recording in the public records, one approved copy of the plat to the Clerk of the Circuit Court of Brevard County and retain one copy for the purpose of public examination. Such approval and adoption of a plat shall not be deemed the opening or establishment of any street, nor the taking of any land for street purposes nor public use, nor as a public improvement, but solely as a reservation of the street locations shown thereon, for the period specified in the ordinance of the governing body for OR 24-72 PAGE P► OF MICROFILMED 3.44430 future taking or acquisition for public use. The Zoning and Planning Board or any other official or agency of the City may, at the direction of the City Council negotiate for or secure from the owner or owners of any such lands releases of claims for damages or compensation for such reservation or agreements indemnifying the City for such claims by others, which releases or agreements shall be binding upon the owner or owners executing the same and their successors in title. At any time after the filing of a plat with the Clerk of the Circuit Court or other recording official, and during the period specified for the reservation, the Zoning and Planning Board acting upon the instructions of the City Council and the owner of land containing a reserved street location may agree upon a modification of the location of the lines of the proposed street, such agreement to include a release by said owner of any claim for compensation or damages by reason of such modifications; and thereupon the Zoning and Planning Board may make a plat, corresponding to the said modification and transmit the same to the City Council and if such modified plat be approved by the City Council the City Clerk shall transmit for recording an approved copy thereof to the Clerk of the Circuit Court and said modified plat shall take the place of the original plat. After obtaining recommendations from the Zoning and Planning Board and holding public hearings with due notice, the City Council may, by ordinance, abandon or amend any reservation and shall certify such abandonment or amendment to the County Clerk or other rec ording official. SECTION 4. Buildings in Reserved Street Locations: After street locations have been reserved, as indicated in Section 3 of this Ordinance, no building permit shall thereafter be issued for construction or alternation of any building in the bed of any such steet, nor shall any building be in the bed of any street, nor shall any buildings be built therein; provided, however, that if the land within such mapped street is not yielding a fair return on its value to the owner, the Zoning and Planning Board shall have i9R 24-72 PAGES OF1A • MICROFILMED 344 -80 power in a specific case by the vote of a majority of its members to recommend to the City Council that a special permit be issued for a build- ing in such street which will as little as practicable increase the cost of opening such street or tend to cause a change in the comprehensive plan, and such board may recommend reasonable requirements as a condition of granting such special permit. Before taking any action authorized in this Section, the Zoning and Planning Board shall hold a public hearing and with due public notice, at which parties in interest and others shall have an opportunity to be heard, and thereafter the recommendations of the said Board shall be submitted to the City Council for determination. SECTION 5. If any portion or portions of this ordinance are held to be unconstitutional by a court of competent jurisdiction, such holding shall not affect the remaining portions hereof. SECTION 6. This ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2ND day of JANUARY A 197 3. I ,, • First Reading: DECEMBER 19, 1972 Posted: DECEMBER 20, 1972 Second Reading: JANUARY 2, 1973 OR 24-72 PAGE* OF'