HomeMy WebLinkAboutcocc_ordinance_no_01-2019_20190219 1 ORDINANCE NO. 01-2019
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE
5 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND
6 USE MAP DESIGNATION OF CERTAIN REAL PROPERTY LOCATED
7 - AT 8811 SEA SHELL LANE, AND MORE PARTICULARLY DEPICTED
8 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
9 HERETO, FROM "C-1 COMMERCIAL LOW DENSITY" TO "R-1
10 RESIDENTIAL LOW DENSITY"; PROVIDING FOR THE REPEAL
11 OF PRIOR INCONSISTENT ORDINANCES AND
12 RESOLUTIONS, SEVRABILITY, INCORPORATION INTO THE
13 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
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18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
20 163.3187(1)(c), Florida Statutes; and
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22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly
23 noticed public hearing on December 13, 2018, in accordance with the procedures in Chapter 163,
24 Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered
25 findings and advice of staff, citizens, and all interested parties submitting written and oral '
26 comments and has recommended adoption to the City Council; and
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28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
29 hearing on the proposed amendment set forth hereunder and considered findings and advice of
30 staff, citizens, and all interested parties submitting written and oral comments and supporting data
31 and analysis,and after complete deliberation,hereby approves and adopts the Comprehensive Plan
32 Amendment set forth hereunder; and -
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34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this
35 Ordinance is in the best interests of the public health, safety and welfare of the citizens of Cape
36 Canaveral.
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38 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
39 CANAVERAL HEREBY ORDAINS,AS FOLLOWS:
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42 Section 1. Recitals. The foregoing recitals are true and correct and are fully
43 incorporated herein by this reference.
City of Cape Canaveral
Ordinance No.01-2019
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45 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
46 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
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48 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
49 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
50 of the City of Cape Canaveral Comprehensive Plan.
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52 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
53 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
54 the real property depicted on Exhibit "A" from "C-1 Commercial Low Density" to "R-1
55 Residential Low Density." Exhibit "A" is attached hereto and fully incorporated herein by this
56 reference.
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58 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
59 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
60 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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62 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word
63 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
64 of competent jurisdiction, whether for substantive, procedural or any other reason, such portion
65 shall be deemed a separate, distinct and independent provision, and such holding shall not
66 affect the validity of the remaining portions of this Ordinance.
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68 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of
69 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall
70 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or
71 paragraph number or letter and any heading may be changed or modified as necessary to
72 effectuate the foregoing.
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74 Section 8. Effective Date and Legal Status of the Plan Amendment. The
75 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in
76 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30)
77 days after adoption of this Ordinance, then this Ordinance shall become effective at such
78 time as the State Land Planning Agency or the Administration Commission issues a final order
79 determining the adopted small scale Comprehensive Plan Amendment is in compliance.
80 No development orders, development permits or land use dependent on this Amendment
81 may be issued or commenced before it has become effective. After and from the effective
82 date of this Amendment, the Comprehensive Plan Amendment set forth herein shall
83 amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and
84 the Amendments shall have the legal status of the City of Cape Canaveral Comprehensive Plan,
85 as amended.
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[Adoption Page Follows]
City of Cape Canaveral
Ordinance No.01-2019
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88 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
89 February, 2019.
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94 Signature /94
95 Bob Hoog, Mayor
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97 (Seal of Cape Canaveral, Florida)
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101 ATTEST: For Against
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103 Signature Mike Brown x
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105 Mia Goforth, CMC Robert Hoog x
106 City Clerk
107 Wes Morrison x
108 First Advertisement: December 3, 2018
109 Planning & Zoning Board Hearing: Rocky Randels Motion
110 December 13, 2018
111 First Reading: January 15, 2019 Angela Raymond Second
112 Second Advertisement: February 7, 2019
113 Second Hearing: February 19, 2019
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116 Approved as to legal form and sufficiency
117 for the City of Cape Canaveral only by:
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119 Signature
120 Anthony A. Garganese, City Attorney
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122
City of Cape Canaveral
Ordinance No.01-2019
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Ordinance No. 01-2019
Exhibit "A"
8811 Sea Shell Lane
Legal Description
Parcels: 24-37-14-32-*-1 &24-37-14-32-*-2 &
24-37-14-32-*-3