HomeMy WebLinkAboutcocc_ordinance_no_33-2021_202110191 ORDINANCE NO. 33-2021
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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.
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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
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16 WHEREAS, the Community Planning Act requires each municipality in the State of Florida
17 to prepare, adopt, and update a Comprehensive Plan; and
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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
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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
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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
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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
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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.
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City of Cape Canaveral
Ordinance No. 33-2021
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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.
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'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.
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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):
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20 City of Cape Canaveral
21 Comprehensive Plan
22 ***
23 SECTION 11 — PROPERTY RIGHTS ELEMENT
24 PROPERTY RIGHTS ELEMENT
25 GOALS. OBJECTIVES and POLICIES,
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27 GOAL PR-1
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29 The City will respect judicially acknowledged and constitutionally protected private property
30 rights.
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32 OBJECTIVE PR-1.1
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34 The City will consider when appropriate and applicable judicially acknowledged and
35 constitutionally protected private property rights when making decisions.
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City of Cape Canaveral
Ordinance No. 33-2021
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1
2 POLICY PR-1.1.1
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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:
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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.
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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.
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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.
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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
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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 amendmentrshall
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 19th day
7 of October, 2021.
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13 Bob Hoog, Mayor
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16
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18 ATTEST: For Against
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20 Mike Brown X
21 Robert Hoog X
22 Mickie Kellum Motion
23 Wes Morrison X
24 Angela Raymond Second
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26 Mia Goforth, CMC
27 City Clerk
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30 Local Planning Agency: July 28, 2021
31 Advertisement: August 5, 2021
32 First Reading: August 17, 2021
33 Second Reading: October 19, 2021
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37 Approv as to legal form and sufficiency
38 for the City of Cape Canaveral only by:
39
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41 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 33-2021
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