HomeMy WebLinkAboutOrdinance No. 07-2006ORDINANCE NO, 07 -2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS,
ARTICLE II. PLATS, DIVISION 3. PRELIMINARY PLAT;
CLARIFYING THE ROLE OF THE PLANNING AND
ZONING BOARD REGARDING PRELIMINARY PLAT
APPROVAL; PROVIDING FOR THE CITY COUNCIL TO
MAKE FINAL DECISIONS REGARDING THE APPROVAL
OR DISAPPROVAL OF PRELIMINARY PLATS; MAKING
CONFORMING AMENDMENTS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 1 77.071 (1), Florida Statues, requires that before a plat is offered for
recording, it be approved by the legal governing body of a municipality; and
WHEREAS, section 98 -46 currently provides for the City's Planning and zoning Board to
express approval or disapproval of preliminary plats with no further review by the City Council; and
WHEREAS, section 98 -46 is inconsistent with the requirements of section 177.071 ( 1),
Florida Statutes; and
WHEREAS, although the City Council makes the final decision with regard to the approval
or disapproval of final plats, it should also maintain this authority with regard to preliminary plats
in order to ensure compliance with Florida law; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby Finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 98 of the Code of ordinances, City of Cape Canaveral,
City of Cape Canaveral
Ordinance No. 07-2006
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Florida, is hereby amended as follows (underlined type indicates additions and strii�eattt type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 98, SUBDIVISIONS
ARTICLE II. PLATS
DIVISION 3, PRELIMINARY PLAT
Sec. 98 -45. Planning and zoning board and city council preview .
W The planning and zoning board shall review the subdivision preliminary plat and
other material submitted for conformity with this Code and may negotiate on changes deemed
advisable and shall V.Aumz expiess recommend in writiny, its approval or disapproval to the_ cry
council within 30 days. All recommendations, conditions and changes shall be noted on two copies
of the preliminary plat by the chairman of the board or designated representative.
Upon receipt of the planning and zoning board's recommendation the cit y council
at their next re ularl scheduled meeting, shall vote to either accept or re j ect the board's
recommendation.
Sec. 98 -47. Time limit.
The city council's approval of a preliminary plat shall be valid for a period of six months.
If an applicant has not obtained a construction permit, been granted one six -month extension of time
by the boaxel ei� council on a demonstration of good cause, or made final plat approval within six
months of the city council's preliminary plat approval, the preliminary plat approval shall be revoked
and the applicant must re -apply under the provisions of this chapter.
Section 3. Conforming Code Amendment. In order to conform with the amendments to
Chapter 98 as indicated in Section 2 of this ordinance, Chapter 1 1 Zoning, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and type indicates deletions, while asterisks (* * '} indicate a deletion
from this ordinance of text existing in Chapter I 10. It is intended that the text in Chapter 1 10
denoted by the asterisks and set forth in this ordinance shall remain unchanged from the language
existing prior to adoption of this ordinance):
City of Cape Canaveral
Ordinance No. 07 -2006
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CHAPTER 110. ZONING
ARTICLE IV. SITE PLANS
Sec. 110 -222. Criteria required.
Site plan criteria required under this chapter shall be as follows:
(1) Plan drawn to scale, no greater than one inch to 50 feet, on sheets two feet by three
feet, showing the following site data:
g. In those site plans which require a subdivision of land, no site plan shall be
approved until the city council, has given approval to the
preliminary plat.
Section 4. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 7. Effective Date. This ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida,
City of Cape Canaveral
Ordinance No. 07 -2006
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20" day of June,
2006.
_ C.
ROCKY RANDEES�Mayor - -
ATTEST:
f
SUSAN Sr�"I S, Ci :clerk
Burt Bruns
Bob Hoog
Leo Nicholas
Rocky Randels
Buzz Petsos
For Against
x
Second
x
x
Motion
First Reading: June 6, 2006
Legal Ad published: June 10, 2006
Second Reading: June 20, 2006
Approved legal form and sufficiency for
the C it ved ;e Canaveral only:
A;KTHONYA. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 07 -2006
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