HomeMy WebLinkAboutcocc_ordinance_no_27-2021_202109211 ORDINANCE NO. 27-2021
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 58-1 OF THE CITY
5 CODE RELATED TO LOCAL PUBLIC NOTICES FOR FUTURE LAND USE
6 MAP AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
9 EFFECTIVE DATE.
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11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes; and
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14 WHEREAS, the City Council previously streamlined the local public notice requirements
15 for zoning related applications including rezoning map amendments as set forth in Section 110-
16 28 of the City Code; and
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18 WHEREAS, in many cases, future land use map amendments occur simultaneously with
19 rezoning map amendments; and
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21 WHEREAS, the City Council desires to create one uniform local public notice standard for
22 future land use map and rezoning map amendments rather than maintaining two different
23 requirements in order to streamline the City's local notice process; and
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25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
26 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
27 Cape Canaveral.
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29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
30 ORDAINS, AS FOLLOWS:
31 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
32 this reference as legislative findings and the intent and purpose of the City Council of the City of
33 Cape Canaveral.
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35 Section 2. Amending Section 58-1 of the City Code. The City of Cape Canaveral
36 Code of Ordinances, Section 58-1 is hereby amended as set forth below (underlined type indicates
37 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
38 of said applicable Division that shall remain unchanged in the City Code):
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40 CHAPTER 58 — PLANNING
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City of Cape Canaveral
Ordinance No. 27-2021
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1 ***
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3 Article I. — IN GENERAL
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5 Sec. 58-1. Notice requirement for amendments to future land use map.
6 In addition to any notice requirements provided by state law, all public hearings for future
7 land use map amendments shall be publicly noticed in the same manner as zoning map
8 amendments as set forth in section 110-28. for at least 11 calendar days prior to the date of the
9 hcaring. Said notice shall include thc address or legal description of the subject property, matter
10 to be considered and the time, date and place of the hearing. The city shall post notice of public
11 hearings in the following manner:
12 (1) Posting thc affected property.
13 (2) Porting at cit y ha!! and ran the city'c official webcitc
14 (3) Notifying, by certified mail, all owners of real property (including homeowner's and
15 condominium associations) adjacent to and within 500 feet of the subject property.
16 Applicants shall be solely responsible for the costs incurred for notification under this
17 subsection. Further, unless otherwise provided by law, notices required by this
18 subsection shall be provided as follows:
19 (A) Notice of small scale future land use map amendments shall only be mailed for
20 the first public hearing before each board required to conduct a hearing on the
21 small scale future land use map amendment.
22 (B) Notice of large scale future land use map amendments shall be mailed at least
23 once before the land planning agency hearing, the transmittal hearing and the
24 adoption hearing on the large scale future land use map amendment.
25 (4) Notifying, by certified mail, the owners) of the subject property for which the
26 application is being made.
27 The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed
28 to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of
29 appealing any decision made under this chapter.
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31 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
32 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
33 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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35 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
36 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
City of Cape Canaveral
Ordinance No. 27-2021
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1 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
2 and like errors may be corrected and additions, alterations, and omissions, not affecting the
3 construction or meaning of this ordinance and the City Code may be freely made.
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5 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
6 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
7 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
8 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
9 the validity of the remaining portions of this Ordinance.
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11 Section 6. Effective Date. This Ordinance shall become effective immediately upon
12 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
13 Charter.
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15 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
16 September, 2021.
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20 Bob Hoog, Mayor
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23 ATTEST:
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27 Mia Goforth, CMC
28 City Clerk
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34 First Reading: August 17, 2021
35 Advertisement: September 9, 2021
36 Second Reading: September 21, 2021
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38 Approved as to legal form and sufficiency
39 for the City of Cape Canaveral only by:
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42 Anthony A. Garganese, City Attorney
For Against
Mike Brown Motion
Robert Hoog X
Mickie Kellum X
Wes Morrison X
Angela Raymond Second
City of Cape Canaveral
Ordinance No. 27-2021
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SEAL of Cape Canaveral, Florida