HomeMy WebLinkAboutP&Z 2-22-17 -Draft Ordinance for Vested Rights ORDINANCE NO.xx-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING THE CITY OF CAPE CANAVERAL
COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT
BY ESTABLISHING A POLICY TO AUTHORIZE THE
CITY COUNCIL TO ISSUE VESTED RIGHTS
CERTIFICATES VESTING RESIDENTIAL DENSITIES
FOR CERTAIN EXISTING CONDOMINIUM,
TOWNHOUSE, OR OTHER MULTI-FAMILY
DEVELOPMENT PROJECTS THAT EXCEED THE
CURRENT MAXIMUM RESIDENTIAL DENSITIES
ESTABLISHED IN THE COMPREHENSIVE PLAN IN
ACCORDANCE WITH THE TERMS AND CONDITIONS
OF LAND DEVELOPMENT REGULATIONS TO BE
SUBSEQUENTLY ADOPTED BY THE CITY COUNCIL
CONSISTENT WITH THIS ORDINANCE; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN,
AN EFFECTIVE DATE AND LEGAL STATUS OF THE
PLAN AMENDMENTS.
WHEREAS,section 163.3161 et.seq.,Florida Statutes(2011)established the Community
Planning Act,which was formerly known as the Local Government Comprehensive Planning and
Land Development Regulation Act;and
WHEREAS, the Community Planning Act requires each municipality in the State of
Florida to prepare,adopt, and update a Comprehensive Plan; and
WHEREAS, Future Land Use Policy LU-1.3.3 of the Comprehensive Plan of the City of
Cape Canaveral currently provides that the maximum residential densities in the R-2 and R-3 land
use categories shall be 15 units/acre;and
WHEREAS, there are currently numerous lawfully approved condominium, townhouse,
and other residential multi-family development projects within the City of Cape Canaveral that
have residential densities that exceed the current maximum allowed residential density of 15
units/acre in the R-2 and R-3 land use categories, which residential development projects were
built before the adoption of the City's Comprehensive Plan or before the adoption of the 15
unit/acre maximum density requirement; and
WHEREAS, under the current Comprehensive Plan, if these noncompliant, but lawfully
approved condominium,townhouse and other residential multi-family development projects,were
destroyed by storm,fire or other calamity,the project property would have to likely be developed
with a lower number of units in accordance with the current maximum permitted residential
City of Cape Canaveral
Ordinance No.xx-2017
Page 1 of 5
density of 15 units/acre set forth in the City's Comprehensive Plan, and that in the case of
condominiums and townhouses,the ownership of a certain number of units could be eliminated or
adversely affected; and
WHEREAS, the City Council hereby finds that under certain terms and conditions,
providing certainty and predictability in the use and conveyance of land and interests therein,and
protecting private property rights, of lawfully completed condominium, townhouse and other
residential multi-family development projects serves a legitimate government interest and is in the
best interests of property owners;and
WHEREAS, the City Council also finds that it is an important government interest to
protect the interests of private property owners that have purchased a condominium or townhome
unit from loss of their respective investment in the unit solely because the unit could not be
reconstructed to the residential density that was lawfully approved by the City or County on the
legal basis that the lawfully approved residential density is not consistent with the City's current
Comprehensive Plan; and
WHEREAS, to the extent any affected condominium, townhouse, or other residential
multi-family development project is within the Coastal High Hazard Area, the City's current
evacuation times will not be adversely affected by adoption of this ordinance since no new
development with increased density is authorized hereby;and
WHEREAS,the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing on ,2017, in accordance with the procedures in Chapter
163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered
findings and advice of staff, citizens, and all interested parties submitting written and oral
comments and has recommended adoption to the City Council;and
WHEREAS, the Local Planning Agency recommended the City Council transmit the
subject comprehensive plan text amendment to the Florida Department of Economic Opportunity
for its review and comment;and
WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of
the public health, safety, and welfare of the citizens of Cape Canaveral,Florida;and
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Community Planning Act, Sections 163.3161 et. seq.,Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt
comprehensive plan text amendments amending the text of the Future Land Use Element of the
City of Cape Canaveral
Ordinance No.xx-2017
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City of Cape Canaveral Comprehensive Plan. The attached list of existing nonconforming
residential densities is hereby expressly incorporated into the Future Land Use Element Data and
Analysis Appendix of the Comprehensive Plan.
Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the
City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral
Comprehensive Plan,Future Land Use Element,Objective LU-1.3 (underlined type indicates text
being added to the Comprehensive Plan, and str-ikeent type indicates text being deleted from the
Comprehensive Plan):
OBJECTIVE LU-1.3:
The City shall work toward the elimination or reduction of uses inconsistent with the community's
character and future land uses. The measurement of this Objective is the consistency and
compatibility of land uses within Cape Canaveral and the degree to which the following Policies
are implemented.
POLICY LU-1.3.1:
The City shall enforce its various ordinances which regulate the land use categories included in
the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage
(Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management
Ordinance and Federal Flood Insurance Program Regulations).
POLICY LU-1.3.2:
The City shall require new development to be compatible with adjacent land uses.
POLICY LU-1.3.3:
The City shall enforce its requirements pertaining to densities and intensities of land use in each
land-use category--i.e.
*R-1, Low Density Residential: maximum 5.808 lots/acre.
*R-2,Medium Density Residential and Townhouse Apartments: maximum 15 units/acre.
*R-3,Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre.
*M-1,Light Industrial: maximum 4.356 lots/acre.
*C-1, Commercial: zoning regulations impose a variety of requirements, depending upon
type of use.
*C-2, Commercial: zoning regulations impose a variety of requirements, depending upon
type of use.
PUB, Public and Recreation Facilities
CON,Conservation
POLICY LU-1.3.4:
A. For purposes of providing certainty and predictability in the use and conveyance
of land and interests therein, and protecting private property rights, of completed residential
condominium, townhouse projects and other multi-family development projects existing on
City of Cape Canaveral
Ordinance No.xx-2017
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January 1,2016,the City Council shall be authorized to issue a vested rights certificate vesting the
residential density of a particular existing project in accordance with the requirements and
conditions established by the City Council within the City's land development regulations.
B. If a vested rights certificate is granted by the City Council pursuant to this policy,
the residential density of the project shall be deemed vested and in compliance with the
Comprehensive Plan even if such density exceeds the maximum densities set forth in POLICY
LU-1.3.3.
C. A vested rights certificate issued pursuant to this policy shall only be construed to
vest the existing project and residential density stated in the certificate and shall not be construed
as vesting the subject project regarding any other provision of the City's Comprehensive Plan,land
development regulations,or Code which the project would otherwise appear to be inconsistent.
D. Vested rights certificates issued pursuant to this policy shall be issued in writing
and shall be executed by the Mayor upon approval by the City Council. The Mayor's signature
shall be attested to by the City Clerk,who shall also emboss the certificate with the City Seal.
E. Vested rights certificates approved and executed in accordance with this policy
shall be recorded by the City Clerk in the Official Public Records of Brevard County, Florida.
Upon being recorded,the recorded vested rights certificate may be relied upon by the current and
future owner(s) and mortgage holders of the subject property.
Section 5. 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 6. Incorporation Into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be
incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.Grammatical,typographical,and like errors may be corrected and additions,alterations,
and omissions, not affecting the construction or meaning of this Ordinance and the City
Comprehensive Plan may be freely made.
Section• 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 Effective Date and Legal Status of the Plan Amendment. The effective date of
the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one(31)days after
the state land planning agency notifies the City that the plan amendment package is complete
pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged,
the plan amendment shall not become effective until the state land planning agency or the
City of Cape Canaveral
Ordinance No.xx-2017
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Administration Commission enters a final order determining the adopted amendment to be in
compliance. No development orders, development permits, or land use dependent on this plan
amendment may be issued or commenced before it has become effective. After and from the
effective date of this plan amendment,the Comprehensive Plan Amendment set forth herein shall
amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the
plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan,as
amended.
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of
, 2017.
Bob Hoog,Mayor
ATTEST: For Against
MIA GOFORTH, Mike Brown
City Clerk
Robert Hoog
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No.mc-2017
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