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HomeMy WebLinkAboutOrdinance No. 06-2000 i ORDINANCE NO. 06 -2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT AS PROVIDED IN CAP -00 -1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FROM R -1, LOW DENSITY RESIDENTIAL TO R -3, MEDIUM DENSITY RESIDENTIAL FOR THE REAL PROPERTY DESCRIBED AS PARCELS 251 AND 253 IN SECTIONS 26 AND 27, TOWNSHIP 24, RANGE 37E, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3161 et. Seq. Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and WHEREAS, in January, 1999, the City of Cape Canaveral, Florida, adopted the 1999 City of Canaveral Comprehensive Plan, hereafter referred to as the 1999 Plan; and WHEREAS, Sections 163.3184 and 163.3187, Florida Statutes, established the process for the amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established procedures for amending the 1999 Plan; WHEREAS, the City of Cape Canaveral has applied for a large scale future land use map comprehensive plan amendment (hereafter referred to as "Amendment ", and attached hereto as Exhibit "A: and incorporated herein by reference), effecting a parcel of land, for adoption in the calendar year 2000 as a single amendment; and i WHEREAS, this Amendment will not cause the City pursuant to Section 95- 11.00, Florida Administrative Code, to exceed its twice yearly maximum allowance for comprehensive plan; and f WHEREAS, on April 26, 2000, the Planning and Zoning Board sitting as the Land Planning Agency, in accordance with the procedures in the Cape Canaveral Code, held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting comments, and recommended to the City Council that the 1999 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and 1 1 City of Cape Canaveral, Florida Ordinance No. 06 -2000 Page 2 3 WHEREAS, on May 2, 2000, the City Council held a duly noticed public 1 hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting written and oral comments, and the recommendation of the Land Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to i the Department of Community Affairs; and WHEREAS, on September 5, 2000, the City Council of the City of Cape Canaveral held a duly noticed public adoption hearing on the proposed Amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, as well as the Objections, Recommendations, and Comments of the Florida Department of Community Affairs, and after complete deliberation, approved (with modifications to the original proposed amendment based on DCA's ORC Report and adopted the proposed Amendment hereunder; and WHEREAS, the Amendment adopted by this Ordinance complies with the requirements of the Local Govemment Comprehensive Planning and Land Development Regulation Act and is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. i ' NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of 1 Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. SECTION 2. Authority. This Ordinance is adopted in compliance with, and pursuant to the Local Govemment Comprehensive Planning and Land Development Regulations Act, Sections 163.184, 163.3184, 163.187 and 163.3189, Florida Statutes. SECTION 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this ordinance to clarify expand, correct, update, modify t and otherwise further the previsions of the 1999 City of Cape Canaveral Comprehensive Plan. SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant I to the Large Scale Future Land Use Map Comprehensive Plan Amendment r° CPA- 00 -1to the 1999 Comprehensive Plan, the City of Cape Canaveral Future Land Use Map is hereby amended as specifically provided in Exhibit "A ", attached hereto. SECTION 5. Transmittal to Department of Community Affairs. The City t Manager is hereby designated to sign a letter transmitting this amendment to the Department of Community Affairs, in accordance with Section 163.3187(1)©(4), Florida Statutes, and Section 9J -11, Florida Administrative Code. t i 1 { City of Cape Canaveral, Florida Ordinance No. 06 -2000 Page 3 SECTION 6. Repeal of Prior Inconsistent Ordinances and Resolutions. 1 1 All ordinances and resolutions or parts of ordinances and resolutions in conflict 1 herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 7. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence or word be declared 1 by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the amendments adopted by this Ordinance shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission, finding the Amendments in compliance with Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on this Amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the comprehensive plan amendment adopted herein shall amend the 1999 Comprehensive Plan and become a part of that plan, and the plan amendment shall retain the legal status of the 1999 City of 1 Cape Canaveral Comprehensive Plan, as amended. 1 i Rocky Randels, M YOR 1 ATT: FOR AGAINST y 7 / Burt Bruns Second x Sand" :Smith, CITY CLERK Buzz Petsos Motion 1 Rocky Randels X i Richard Treverton X APPRO D ' S TO FORM: Larry Weber X I ' 11111:4 Kohn Bennett, ATTORNEY j Published for LPA: 4/16/00 LPA Meeting: 4/26/00 Posted: 4/27/00 Published for 1 Rdg: 4/23/00 1 First Reading: 5/02/00 DCA Approval: 7/20/00 Published for 2 Rdg: 8/20/00 Second Rdg /Adoption: 9/05/00 I 1 1 ,