HomeMy WebLinkAboutOrdinance No. 10-2005FAILED FOR LACK OF MOTION
ORDINANCE NO. 10 -2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING A LARGE SCALE COMPREHENSIVE PLAN
TEXT AMENDMENT, WHICH SHALL AMEND THE
COMPREHENSIVE PLAN RELEVANT TO THE COASTAL
MANAGEMENT ELEMENT TO REQUIRE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
APPROVAL FOR NEW DEVELOPMENT EAST OF THE
COASTAL CONSTRUCTION CONTROL LINE; PROVIDING
FOR TRANSMITTAL OF THE PLAN TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida S established the Local Government
Comprehensive Planning and Land Development Regulation Act; and
W HERAS, section 163.3167, Florida Statutes, requiers each uni Eci'pality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, the City desires to amend its Comprehensive Plan's Coastal Management
Element; and
WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing,,
in accordance with the procedures in chapter 163, Florida S on the proposed
ive Plconsidered fin amendments and dings and advice of staff, citizens, and all Comprehens
interested parties submtting written and oral comments and has recommended adoption to the City '
Council; and
WHEREAS, the adoption ofthl's Comprehensive Plan Text Amendment, is consistent with
the Goals, Objectives and Policies of the C ity's ado pted Comprehensive Plan; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests of the public health, safety, and welfare
of the citizens of Cape Canaveral, Florida.
City of gape Canaveral
ordinance N 10-2005
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, HEREBY ORDAINS AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and arefully
incorporated herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
to, the Local Government Comprehensive Planning and Land Development Regulations Act,
sections 163.3184 and 163.3187. Florida Statutes.
Section 3. Purpose and Intent. It i's hereby declared lobe the purpose and intent of this
Ordinanceto clarify, expand, correct, update, modify and otherwise fuithertheprovisions ofthe City
of Cape Canaveral's Comprehensive Plan.
Section 4. Adoption of Amendments to Comprehensive Plan. The City of Cape
Canaveral Comprehensive Plan, Coastal Management Element, 1*s hereby amended as reflected i
Exhibit A' attached hereto and fully i'ncorporated herein by this reference. (Underlined type
indicates additions and strrkcettt type indicates deletions, while asterisks ( * * *) indicate a deletion
of text from the Comprehensive Plan. It is intended that the text denoted by the asterisks shall
remain unchanged from the language existing prior to adoption of this Ordinance).
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6.- Severabi*11*ty. If any section, subsection, sentence, clause, phrase, word or
1W provision of this Ordinance is for any reason held i'nvali'd 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.
Sect 7 .
Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendments adopted by this ordinance, said Amendments shall be
incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
S ection 8
Effective Date and Legal Status of the Plan Amendments. The effictive
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final
order is ri issued by the Floda Department of Community Affairs, or the Administration Commission
finding the Amendments in compliance with section 163.3184, Florida Statutes. No development
pity of gape Canaveral
ordinance No. 1
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o development permits, or land use dependent on these Amendments may be issued or
commenced before the amendments become e If a final order of non-compliance is issued
by the Administration Commission', the Amendments may nevertheless be made effective by
adoption of a resolution affinning As effective status. After and from the effective date of these
Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Cape
Canaveral Comprehensive Plan and become a part of that plan and the Amendments shall have the
legal status of the City of Cape Canaveral Comprehensive Plan, as amended.
0
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
1� 2006.0
ROCKY RANDELS, Mayor
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. G City Attorney
For
Bob H
Jim M
Leo Ni cho l as
Rocky Randels BUZZ Petsos
City of Cape Canaveral
ordinance No. 10 -22-005
Against
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