HomeMy WebLinkAboutcocc_ordinance_no_01-2025_031925 Comprehwsnivve Plan-Am1 ORDINANCE NO. 01-2025
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE
5 CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN COASTAL
6 MANAGEMENT AND FUTURE LAND USE ELEMENTS TO
7 ADDRESS PERILS OF FLOOD IN ACCCORDANCE WITH THE
8 REQUIREMENTS OF 163.3178(2)(F),FLORIDA STATUTES AND
9 OTHER APPLICABLE LAW; PROVIDING FOR THE REPEAL OF
10 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
11 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
12 PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
13 AMENDMENTS.
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15 WHEREAS, section 163.3161 et. seq., Florida Statutes established the Community Planning
16 Act, which was formerly known as the Local Government Comprehensive Planning and Land
17 Development Regulation Act; and
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19 WHEREAS, the Community Planning Act requires each municipality in the State of Florida
20 to prepare, adopt, and update a Comprehensive Plan; and
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22 WHEREAS. as beachside community, the City has adopted a Coastal Management
23 Element, and other provisions in the Future Land Use Element, under its Comprehensive Plan
24 setting forth goals, objectives and policies providing for the preservation and conservation of the
25 City's coastal resources; and
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27 WHEREAS, the City Council recognizes that the State and local governments have
28 a significant interest in the resources of the coastal zone of the State of Florida, and intent of the
29 Legislature that local government comprehensive plans restrict development activities where such
30 activities would damage or destroy coastal resources, and that such plans protect human life and
31 limit public expenditures in areas that are subject to destruction by natural disaster. Sec. 163.3178,
32 Fla. Stat.; and
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34 WHEREAS, the City Council recognizes that Section 163.3178(2), Florida Statutes provides
35 that each coastal management element required bys. 163.3177(6)(9) shall be based on studies,
36 surveys, and data, and must be consistent with coastal resource plans prepared and adopted
37 pursuant to general or special law; and
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39 WHEREAS, in furtherance of planning to preserve, protect and conserve the City of Cape
40 Canaveral's coastal resources, the City engaged the East Central Florida Regional Planning Council
41 to prepare a vulnerability assessment; and
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Ordinance No. 01-2025
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43 WHEREAS, the East Central Florida Regional Planning Council prepared the assessment
44 entitled "Resilient Cape Canaveral 2019" ("Report") which was presented to and accepted by the
45 City Council at a duly held public meeting on August 20, 2019; and
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47 WHEREAS, based on the data and findings contained within Report and in accordance
48 with Section 380.093(d), Florida Statutes, the City Council desires to amend the Coastal
49 Management Element and Future Land Use Element of the City's Comprehensive Plan to adopt a
50 peril of flood comprehensive plan amendment that addresses the requirements of Section
51 163.3178(2)(f), Florida Statutes; and
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53 WHEREAS, Section 163.3178(2)(f), Florida Statutes requires that a peril of flood
54 comprehensive plan amendment must address the following minimum requirements: a
55 redevelopment component that outlines the principles that must be used to eliminate
56 inappropriate and unsafe development in the coastal areas when opportunities arise. The
57 component must (1) Include development and redevelopment principles, strategies, and
58 engineering solutions that reduce the flood risk in coastal areas which results from high-tide
59 events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise; (2)
60 Encourage the use of best practices development and redevelopment principles, strategies, and
61 engineering solutions that will result in the removal of coastal real property from flood zone
62 designations established by the Federal Emergency Management Agency; (3) Identify site
63 development techniques and best practices that may reduce losses due to flooding and claims
64 made under flood insurance policies issued in this state; (4) Be consistent with, or more stringent
65 than, the flood-resistant construction requirements in the Florida Building Code and applicable
66 flood plain management regulations set forth in 44 C.F.R. part 60; (5) Require that any construction
67 activities seaward of the coastal construction control lines established pursuant to s. 161.053 be
68 consistent with chapter 161; and (6) Encourage local governments to participate in the National
69 Flood Insurance Program Community Rating System administered by the Federal Emergency
70 Management Agency to achieve flood insurance premium discounts for their residents; and
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72 WHEREAS, the City Council also acknowledges that an additional vulnerability assessment
73 is being undertaken by the City to preserve, protect and conserve the City of Cape Canaveral's
74 coastal resources, and the City is participating in the Resilient Florida Grant Program pursuant to
75 Section 380.093, Florida Statutes, for purposes of expanding its knowledge about the
76 vulnerabilities that could potentially impact the City and identifying any potential mitigation
77 solutions; and
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79 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
80 public hearing in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
81 proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens
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Ordinance No. 01-2025
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82 and all interested parties submitting written and oral comments and has recommended adoption
83 to the City Council; and
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85 WHEREAS, the Local Planning Agency recommended the City Council transmit the subject
86 comprehensive plan text amendment to the Florida Department of Commerce for its review and
87 comment; and
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89 WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the
90 public health, safety and welfare of the citizens of Cape Canaveral, Florida; and
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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, and specifically In
furtherance of the requirements set forth in Section 163.3178(2)(f), 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 Coastal Management Element
and Future Land Use Element of the City of Cape Canaveral 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, Coastal Management and Future Land Use Elements, as more set forth in
the attached EXHIBIT" A." which is hereby fully incorporated herein by this reference. (underlined
type indicates text being added to the Comprehensive Plan, Coastal Management and Future Land
Use Elements and strikeout type indicates text being deleted from the Comprehensive Plan,
Coastal Management and Future Land Use Elements.
114 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
115 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
116 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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118 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the
119 Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be
120' incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
121 number or letter and any heading may be changed or modified as necessary to effectuate the
122 foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations
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Ordinance No. 01-2025
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123 and omIss1ons, not affecting the construction or meaning of this Ordinance and the City
124 Comprehensive Plan may be freely made.
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126 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision
127 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
128 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
129 a separate, distinct and independent provision, and such holding shall not affect the validity of
130 the remaining portions of this Ordinance.
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132 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
133 the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after
134 the state land planning agency notifies the City that the plan amendment package is complete
135 pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged,
136 the plan amendment shall not become effective until the state land planning agency or the
137 Administration Commission enters a final order determining the adopted amendment to be in
138 compliance. No development orders, development permits or land use dependent on this plan
139 amendment may be issued or commenced before it has become effective. After and from the
140 effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall
141 amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the
142 plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as
143 amended.
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145 ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 18th day of March, 2025.
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Esther Coulson, MMC
City Clerk
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Wes Morrison, Mayor
Kim Davis
Kay Jackson
Mickie Kellum
Wes Morrison
Don Willis
City of Cape Canaveral
Ordinance No. 01-2025
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gal form and sufficiency
e Canaveral only by:
L 76 1st Advertisement: November 29, 2024
l 77 1st Reading/Transmittal: December 17, 2024
178 2 nd Advertisement: February 13, 2025
179 2 nd Reading/Adoption: March 18. 2025
City of Cape Canaveral
Ordinance No. 01 ~2025
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