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HomeMy WebLinkAboutcocc_prop_rights_transmittal_pkt_20210826 54 p.CE 4p 4.)÷ ` s, CITY OF 1\r' iiii1F - r� -— PC). Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 _.� _ �_ � (321) 868-1220 # www.cityofcapecanaveral.org CITY OF CAPE CANAVERAL August 26, 2021 Florida Department of Economic Opportunity (DEO) Office of Community Planning and Growth/Bureau of Comprehensive Planning Re: Comprehensive Plan Property Rights Element—First Reading/Transmittal Hearing To Whom It May Concern: This letter will serve as the transmittal of a proposed comprehensive plan amendment from the City of Cape Canaveral, which includes required statements, supporting documents and information pursuant to Section 163.3184(4), Florida Statutes. A complete copy is being sent to the Florida Department of Transportation District 5, East Central Florida Regional Planning Council, St. Johns River Water Management District, Florida Department of Environmental Protection, the Department of State and Brevard County. The transmittal package includes one ordinance; the summary as follows: Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the Plan Amendment, first reading. The City's Planning & Zoning Board/Local Planning Agency recommended approval of the ordinance to the City Council at its regularly scheduled meeting on July 28, 2021. The City Council held a transmittal hearing at its August 17, 2021 regularly scheduled meeting, at which time it voted to transmit this ordinance to the Florida Department of Economic Opportunity. The public transmittal hearing was held at the Cape Canaveral City Hall, which is located at 100 Polk Avenue, Cape Canaveral, FL 32920. The second reading/final adoption is scheduled for October 19, 2021. Properties affected by the ordinance are not: in an area of critical state concern designated pursuant to Section 380.05, Florida Statutes; a rural land stewardship area pursuant to Section 163.3248, Florida Statutes; a sector plan pursuant to Section 163.3245, Florida Statutes; an update a comprehensive plan based on an evaluation and appraisal report pursuant to Section 163.3191, Florida Statutes; a proposed development pursuant to Section 380.06, Florida Statutes, or, a new plan for a newly incorporated municipality adopted pursuant to Section 163.3167, Florida Statutes. The proposed amendment is submitted via the DEO's new user-friendly online portal for local governments. The Cape Canaveral Community and Economic Development department, located at 100 Polk Avenue, Cape Canaveral, FL 32920, is the designated location for public inspection of the transmittal package. Should you have any questions or need additional information related to this matter, please contact me at (321) 868-1220, ext. 139. Sincerely, per_ Brenda Defoe-Surprenant, Senior Planner Attachments: 1. Notice of Public Hearing 2. Ordinance No. 33-2021 including Staff Report with attachments (P&Z/LPA Meeting) 3. Ordinance No. 33-2021 including Staff Report with attachments(City Council/First Reading and Transmittal) 4. Future Land Use Map amendments (the proposed Ordinance impacts the entire City, approximately 1,400 acres) 5. Existing Land Use Map 6. Additional proposed amendment package narrative per the Proposed State Coordinated Review Comprehensive Plan Amendment directions cc: Tara McCue, AICP, East Central Florida Regional Planning Council Tina Williamson, FDOT District 5 Steven Fitzgibbons, St. Johns River Water Management District Plan Review, Department of Environmental Protection Jason Aldridge, Department of State Tad Calkins, Brevard County Planning and Development Department Anthony Garganese, City Attorney David Dickey, Community & Economic Development Director Todd Morley, City Manager Mia Goforth, CMC, City Clerk Attachment 1 A Daily Publication By: 14fc tfm d ;' kr "4 D ,A,Hca. A GANNETT COMPANY CITY OF CAPE CANAVERAL 100 POLK AVE CAPE CANAVERAL,FL, 32920 Ao04045477 81512021 CITY OF CAPE CANAVERAL PUBLIC NOTICE Notice is hereby given that the City of Cape Canaveral proposes to adopt the following Ordinance: Ordinance No.33-2021 STATE OF WISCONSIN COUNTY OF BROWN: An Ordinance of the City council of the City of Cape Canaveral,Florida;amend- Before the undersigned authoritypersonallyappeared said mg the text of the City's Comprehensive 9 PP Plan to include a Property Rights Ele- le al clerk,who on oath says that he or she is a Legal ment as required by law;providing for 9 Ythe repeal of prior inconsistent Advertisingordinan- Representative of the FLORIDA TODAY,a dail cos and a enon, incorporationlan, into p y the Compprehensive Plan, severability newspaper published in Brevard County, Florida that the and laeAmendmene and legal status of the Plan Amendment. attached copyof advertisement, beinga Legal Ad in the Thelfollowinggrdhe adoptionoings will de held regarding the of the Ordi- matter of CitycCoundl Meeting-First Rearing and Transmittal Tuesday,August t7,2021 at 6:00 P.M.or soon thereafter at City Hall located at Legal Notices 100 Polk Avenue,Cape Canaveral,Flori- da. The City Council reserves the right to postpone or continue the Public Hear- ing on any of these Ordinances at this as published in FLORIDA TODAY in the issue(s)of: meeting without further notice. City Council Meeting-Second Reading and Adoption Tuesday,October 19,2021 at 6:00 P.M. 08/05/2021 or soon thereafter at Gty Hall located at 100 Polk Avenue,Cape Canaveral,'Flori- da. The City Council reserves the right to postpone or continue the Public Hear- Affiant further says that the said FLORIDA TODAY is a ing on any of these Ordinances at this meeting without further notice. newspaper in said Brevard County, Florida and that the The proposed Ordinance may be inspect- ed by interested parties during regular said newspaper has heretofore been continuously City business hours, Monday through Friday(8:30 am to 5:00 pm),at the City published in said Brevard County, Florida each day and has Clerk's Office located at 100 Polk Ave- nue,Cape Canaveral,Florida- For more been entered as periodicals matter at the post office in information, call(321)868-1220 0207. Interested parties may appear at the MELBOURNE in said Brevard County, Florida,for a period of meetiprorgposed and bOrdme Heararrce. Pd witheron respellwittoh the one year next preceding the first publication of the attached disabilities needing assistance to partici- pate m any of these proceedings should copy of advertisement;and affiant further says that he or contact the City Clerk's office,48 hours in advance of the meeting. The meet- she has never paid nor promised any person,firm or Mgs listed above are public hearings. If you decide to appeal any decision made coporation any discount,rebate,commission or refund for by the City Council with respect to any matter considered at these meetings, the purpose of securing this advertisement for publication you will need a record of the proceed- ings,and for such purposes, you may in the said newspaper. need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parses are advised that they nay appear at the Sworn to and Subscribed before me this 5th of August meeting and be hearrd wrtn respect to g the proposed Ordinance. 2021, by legal clerk who is personally known to me Affiant Notary State of Wi onsin County of Brown ( -7 My commission expires KATHLEEN ALL Publication Cost:$119.41 Notary Public Ad No:0004845477 State Of WISC0nSlrl Customer No: BRE-6C1209 4 This is not an invoice #of Affidavits 1 .0.CE Attachment 2 L.E. CITY OF CAPE CANAVERAL --' PLANNING AND ZONING (P&Z) BOARD PF July 28, 2021 REGULAR MEETING • ITEM # 2 caPE caaavEva Subject: Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the plan amendment. Department: Community and Economic Development Summary: During the 2021 Legislative Session, the Florida Legislature adopted, and Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend their Comprehensive Plan to include a Property Rights Element. The new law went into effect on July 1, 2021. The addition of a new element into the City's Comprehensive Plan is done via a text amendment, which requires a transmittal hearing and then a subsequent adoption hearing after state review. This hearing will be considered the transmittal hearing. It is Staff's understanding that the Florida Department of Economic Opportunity (DEO), the State agency responsible for administering Comprehensive Plan amendments, will hold all other plan amendments in abeyance until such time that the local government adopts its property rights element. Unless expeditiously addressed, this has the potential of delaying the numerous plan amendments currently being processed in support of the City's on-going administrative rezoning initiative. The proposed element is organized such that it simply includes the property rights statement promulgated by the Legislature as contained in Chapter 2021-195.The overarching goal of the new element is to state that the City will "respect judicially acknowledged and constitutionally protected private property rights." Furthermore, it commits the City to consider the following rights in local decision-making: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. Attachment(s): 1. Ordinance No. 33-2021 Community and Economic Development Staff recommend the Board take the following action(s): Recommend Approval of Ord. No. 33-2021 to the City Council. Approved by Director: David Dickey Date: 7/19/2021 1 ORDINANCE NO. 33-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING THE TEXT OF THE CITY'S 5 COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS ELEMENT 6 AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL OF PRIOR 7 INCONSISTENT ORDINANCES AND RESOLUTIONS, 8 INCORPORATION INTO THE COMPREHENSIVE PLAN, SEVERABILITY 9 AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN 10 AMENDMENT. 11 12 WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Community 13 Planning Act, which was formerly known as the Local Government Comprehensive Planning and 14 Land Development Regulation Act; and 15 16 WHEREAS, the Community Planning Act requires each municipality in the State of Florida 17 to prepare, adopt, and update a Comprehensive Plan; and 18 19 WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted, and 20 Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local 21 governments to amend their comprehensive plans to include a property rights element; and 22 23 WHEREAS, the City of Cape Canaveral recognizes the importance of property rights and 24 desires to expeditiously comply with the new law by adding a property rights element to its 25 Comprehensive Plan; and 26 27 WHEREAS, in accordance with the provisions of the Community Planning Act, the City's 28 Land Planning Agency has reviewed and made a recommendation regarding this Ordinance at a 29 duly held public meeting as required by law; and 30 31 WHEREAS, the City Council of the City of Cape Canaveral held two duly noticed public 32 hearings on the proposed amendment set forth hereunder and considered findings and advice of 33 staff, citizens, and all interested parties submitting written and oral comments and supporting 34 data and analysis, and after complete deliberation, hereby approves and adopts the 35 Comprehensive Plan Amendment set forth hereunder; and 36 37 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 38 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 39 Cape Canaveral. 40 City of Cape Canaveral Ordinance No. 33-2021 Page 1 of 4 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 2 ORDAINS, AS FOLLOWS: 3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 4 this reference as legislative findings and the intent and purpose of the City Council of the City of 5 Cape Canaveral. 6 7 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, 8 the Community Planning Act, sections 163.3161 et. seq., Florida Statutes, and Chapter 2021-195, 9 Laws of Florida. 10 11 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of 12 this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated 13 herein as part of the City of Cocoa Comprehensive Plan. 14 15 Section 4. Addition of Property Rights Element. The City of Cape Canaveral Code 16 Comprehensive Plan is hereby amended as set forth below (underlined type indicates additions 17 and strikeout type indicates deletions, while *** indicate deletions from the text of said 18 Comprehensive Plan that shall remain unchanged in the City's Comprehensive Plan): 19 20 City of Cape Canaveral 21 Comprehensive Plan 22 * * * 23 SECTION 11 — PROPERTY RIGHTS ELEMENT 24 PROPERTY RIGHTS ELEMENT 25 GOALS, OBJECTIVES and POLICIES 26 27 GOAL PR-1 28 29 The City will respect judicially acknowledged and constitutionally protected private property 30 rights. 31 32 OBJECTIVE PR-1.1 33 34 The City will consider when appropriate and applicable judicially acknowledged and 35 constitutionally protected private property rights when making decisions. 36 City of Cape Canaveral Ordinance No. 33-2021 Page 2 of 4 1 2 POLICY PR-1.1.1 3 4 In accordance with Florida law requiring governmental entities to respect judicially acknowledged 5 and constitutionally protected private property rights, the following rights shall be considered in 6 local decisionmaking: 7 8 1. The right of a property owner to physically possess and control his or her interests in the 9 property, including easements, leases, or mineral rights. 10 2. The right of a property owner to use, maintain, develop, and improve his or her property for 11 personal use or for the use of any other person, subject to state law and local ordinances. 12 3. The right of the property owner to privacy and to exclude others from the property to protect 13 the owner's possessions and property. 14 4. The right of a property owner to dispose of his or her property through sale or gift. 15 16 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 19 20 Section 6. Incorporation Into Code. Upon the effective date of the Comprehensive 21 Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City 22 of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any 23 heading may be changed or modified as necessary to effectuate the foregoing. 24 25 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or 26 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 27 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 28 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 29 the validity of the remaining portions of this Ordinance. 30 31 Section 8. Effective Date. The effective date of the Comprehensive Plan Amendment 32 adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency 33 notifies the City that the plan amendment package is complete pursuant to section 34 163.3184(3)(c)(4.), Florida Statutes. If the plan amendment is timely challenged, the plan 35 amendment shall not become effective until the state land planning agency or the Administration 36 Commission enters a final order determining the adopted amendment to be in compliance. No 37 development orders, development permits, or land use dependent on this plan amendment may 38 be issued before it has become effective. After and from the effective date of this plan City of Cape Canaveral Ordinance No. 33-2021 Page 3 of 4 1 amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape 2 Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall 3 have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. 4 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 6 of , 2021. 7 8 9 10 11 12 Bob Hoog, Mayor 13 14 15 16 17 ATTEST: For Against 18 19 Mike Brown 20 21 Mia Goforth, CMC Robert Hoog 22 City Clerk 23 Mickie Kellum 24 25 Wes Morrison 26 27 Angela Raymond 28 29 30 First Reading: 31 Planning & Zoning Board: 32 Advertisement: 33 Second Reading: 34 35 36 Approved as to legal form and sufficiency 37 for the City of Cape Canaveral only by: 38 39 40 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 33-2021 Page 4 of 4 • cEA�`d Attachment 3 s CITY OF C_ , CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 17, 2021 744 �,no• AGENDA ITEM SUMMARY • ITEM # 9 �aPE�•.evEa• Subject: Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the Plan Amendment, first reading. Department: Community and Economic Development Summary: During the 2021 Legislative Session, the Florida Legislature adopted, and Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend their Comprehensive Plan to include a Property Rights Element. The new law went into effect on July 1, 2021. The addition of a new element into the City's Comprehensive Plan is done via text amendment, which requires a transmittal hearing and then a subsequent adoption hearing after State review. This first reading serves as the transmittal hearing. It is Staff's understanding that the Florida Department of Economic Opportunity, the State agency responsible for administering Comprehensive Plan amendments, will hold all other plan amendments in abeyance until such time that the local government adopts its Property Rights Element. Unless expeditiously addressed, this has the potential of delaying the numerous plan amendments currently being processed in support of the City's on-going administrative rezoning initiative. The proposed element is organized such that it simply includes the property rights statement promulgated by the Legislature as contained in Chapter 2021-195.The overarching goal of the new element is to state that the City will "respect judicially acknowledged and constitutionally protected private property rights." Furthermore, it commits the City to consider the following rights in local decision-making: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. The Planning and Zoning Board (convened as the Local Planning Agency), at its July 28, 2021 Regular Meeting, recommended approval of the subject Ordinance (Attached). Submitting Department Director: David Dickey : a Date: 8/3/21 Attachment: r= Ordinance No. 33-2021 Financial Impact: Cost of advertisement; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/3/21 City of Cape Canaveral City Council Meeting • August 17, 2021 Agenda Item# 9 Page 2 of 2 The City Manager recommends the City Council take the following action: Approve Ordinance No. 33-2021 on first reading. Approved by City Manager: Todd Morley Date: 8/3/21 1 ORDINANCE NO. 33-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 CAPE CANAVERAL, FLORIDA; AMENDING THE TEXT OF THE 5 CITY'S COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS 6 ELEMENT AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL 7 OF PRIOR INCONSISTENT ORDINANCES AND 8 RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE 9 PLAN, SEVERABILITY AND AN EFFECTIVE DATE AND LEGAL 10 STATUS OF THE PLAN AMENDMENT. 11 12 WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Community 13 Planning Act, which was formerly known as the Local Government Comprehensive Planning and 14 Land Development Regulation Act; and 15 16 WHEREAS, the Community Planning Act requires each municipality in the State of Florida 17 to prepare, adopt, and update a Comprehensive Plan; and 18 19 WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted, and 20 Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local 21 governments to amend their comprehensive plans to include a property rights element; and 22 23 WHEREAS, the City of Cape Canaveral recognizes the importance of property rights and 24 desires to expeditiously comply with the new law by adding a property rights element to its 25 Comprehensive Plan; and 26 27 WHEREAS, in accordance with the provisions of the Community Planning Act, the City's 28 Land Planning Agency has reviewed and made a recommendation regarding this Ordinance at a 29 duly held public meeting as required by law; and 30 31 WHEREAS, the City Council of the City of Cape Canaveral held two duly noticed public 32 hearings on the proposed amendment set forth hereunder and considered findings and advice of 33 staff, citizens, and all interested parties submitting written and oral comments and supporting 34 data and analysis, and after complete deliberation, hereby approves and adopts the 35 Comprehensive Plan Amendment set forth hereunder; and 36 37 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 38 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 39 Cape Canaveral. 40 City of Cape Canaveral Ordinance No. 33-2021 Page 1 of 4 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 2 ORDAINS, AS FOLLOWS: 3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 4 this reference as legislative findings and the intent and purpose of the City Council of the City of 5 Cape Canaveral. 6 7 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, 8 the Community Planning Act, sections 163.3161 et. seq., Florida Statutes, and Chapter 2021-195, 9 Laws of Florida. 10 11 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of 12 this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated 13 herein as part of the City of Cape Canaveral Comprehensive Plan. 14 15 Section 4. Addition of Property Rights Element. The City of Cape Canaveral Code 16 Comprehensive Plan is hereby amended as set forth below (underlined type indicates additions 17 and strikeout type indicates deletions, while *** indicate deletions from the text of said 18 Comprehensive Plan that shall remain unchanged in the City's Comprehensive Plan): 19 20 City of Cape Canaveral 21 Comprehensive Plan 22 * * * 23 SECTION 11 — PROPERTY RIGHTS ELEMENT 24 PROPERTY RIGHTS ELEMENT 25 GOALS, OBJECTIVES and POLICIES 26 27 GOAL PR-1 28 29 The City will respect judicially acknowledged and constitutionally protected private property 30 rights. 31 32 OBJECTIVE PR-1.1 33 34 The City will consider when appropriate and applicable judicially acknowledged and 35 constitutionally protected private property rights when making decisions. 36 City of Cape Canaveral Ordinance No. 33-2021 Page 2 of 4 1 2 POLICY PR-1.1.1 3 4 In accordance with Florida law requiring governmental entities to respect judicially acknowledged 5 and constitutionally protected private property rights, the following rights shall be considered in 6 local decision making: 7 8 1. The right of a property owner to physically possess and control his or her interests in the 9 property, including easements, leases, or mineral rights. 10 2. The right of a property owner to use, maintain, develop, and improve his or her property for 11 personal use or for the use of any other person, subject to state law and local ordinances. 12 3. The right of the property owner to privacy and to exclude others from the property to protect 13 the owner's possessions and property. 14 4. The right of a property owner to dispose of his or her property through sale or gift. 15 16 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 19 20 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the 21 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 22 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 23 number or letter and any heading may be changed or modified as necessary to effectuate the 24 foregoing. 25 26 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or 27 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 28 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 29 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 30 the validity of the remaining portions of this Ordinance. 31 32 Section 8. Effective Date. The effective date of the Comprehensive Plan Amendment 33 adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency 34 notifies the City that the plan amendment package is complete pursuant to section 35 163.3184(3)(c)(4.), Florida Statutes. If the plan amendment is timely challenged, the plan 36 amendment shall not become effective until the state land planning agency or the Administration 37 Commission enters a final order determining the adopted amendment to be in compliance. No 38 development orders, development permits, or land use dependent on this plan amendment may City of Cape Canaveral Ordinance No. 33-2021 Page 3 of 4 1 be issued before it has become effective. After and from the effective date of this plan 2 amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape 3 Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall 4 have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. 5 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 7 of , 2021. 8 9 10 11 12 13 Bob Hoog, Mayor 14 15 16 17 18 ATTEST: For Against 19 20 Mike Brown 21 22 Mia Goforth, CMC Robert Hoog 23 City Clerk 24 Mickie Kellum 25 26 Wes Morrison 27 28 Angela Raymond 29 30 Local Planning Agency: July 28, 2021 31 Advertisement: August 5, 2021 32 First Reading: August 17, 2021 33 Second Reading: 34 35 36 37 Approved as to legal form and sufficiency 38 for the City of Cape Canaveral only by: 39 40 41 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 33-2021 Page 4 of 4 94ACE 4k ,�; ' s CITY OF Mt MI II MI • - I PO. Box 326 • 1uu I c)IN Avenue • Cape Canaveral, r L . Oy20-0326 (321) 868-1220 if www.cityofcapecanaveral.org CITY OF CAPE CANAVERAL August 23, 2021 Florida Department of Economic Opportunity Office of Community Planning and Growth Re: Approval of Property Rights Element at first transmittal hearing. To Whom It May Concern: At its August 17, 2021 Regular Meeting, the City Council of the City of Cape Canaveral voted unanimously, 5-0, to approve City Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element, at the first transmittal hearing. By my hand and the official seal of the City of Cape Canaveral on this 23rd day of August, 2021. Sincerely, ' ` • p L fr7 Danie LeFever, • Deputy City Clerk Cc: Mayor and Members of City Council Todd Morley, City Manager Anthony Garganese, City Attorney David Dickey, Community and Economic Development Director Zachary Eichholz, Community and Economic Development Deputy Director Brenda Surprenant, Senior Planner reG°re° / Attachment 4 °°".1113 `\ el City of-Cape Canaveral Future Land Use Map °"LL°�°re .1311_ = , �"rerere° e. b N U g • _1113 FR� °E°0.°EAKING,BLv13....y� [ 0.11,011 Po Port 9 _ � TrvP £' '4p _ E Canaveral 1313 ° I =II L ----.0i--_I 1313 "'�-T0. HP P td- i`- .ate, 1,„H- i'''''--Ar — '110.11Ln Lmvsi�L. II auus23'L➢GV lauJ: 3 'A L a o 011 cxmmA °a �iTTT1TfTTTTTi ,F" IrRjgoi"R�°i y. gyp% . � � 114 7 111■111,In 01111■=iii11111r1. 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X `"6+n,u,.L.a Sources Esv,HERE,Garmin,Intermap,increment P Corp,GESCO,USGSvFAO NPS, RN H\N,Ge_o.B,W g ION, -ada t ,,,EN/N nonre-Survey,Eel Japan,METI,Esri China(Hong Kong),(c)DpenStreetMap contributors and the EVAOO[Epk" _k I ' - GIS User Community I 7� ` u Attachment 6 54 p.CE qd .. sv CITY OF I fs,,,,, + -- 1 3 _ •— _ - 7f. PC). Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 _.� _ �_ (321) 868-1220 # www.cityofcapecanaveral.org " k CITY OF CAPE CANAVERAL August 26, 2021 Florida Department of Economic Opportunity (DEO) Office of Community Planning and Growth/Bureau of Comprehensive Planning RE: Proposed Amendment Package Narrative • A description of availability of and the demand on sanitary sewer, solid waste, drainage, potable water and water supply, traffic circulation, schools (if local government has adopted school concurrency), and recreation, as appropriate. o The City of Cape Canaveral is approximately 95% built out. Sanitary sewer is not expected to be impacted by the proposed amendment. Currently the Wastewater Reclamation Facility (WRF) averages 1.141 MG/d. The WRF is permitted for 1.8 MG/d influent. Drainage and stormwater improvements are being made as necessary per the 2014 Stormwater Master Plan. No additional impacts to solid waste, drainage, potable water and water supply, traffic circulation, schools are expected. • Information regarding the consistency of the proposed land use amendments with the future land use element goals, objectives and policies, and those of other affected elements. o During the 2021 Legislative Session, the Florida Legislature adopted, and Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend their comprehensive plans to include a property rights element. The City of Cape Canaveral recognizes the importance of property rights and wishes to expeditiously comply with the new law by adding a property rights element to its Comprehensive Plan. • If a local government relies on original data, or data and analysis from a previous amendment, a reference to the specific portions of the previously submitted data and analysis on which the local government relies to support the amendment. o n/a • If previous data and analysis is no longer the best available existing data or no longer supports the plan, copies of updated and reanalyzed data and analysis to support the proposed amendment. o n/a