The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 01-2002 ORDINANCE NO. 01-2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 2002 AS PROVIDED IN CPA - 02-01, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THAT CERTAIN PROPERTY DESCRIBED AS TAX PARCEL 251.0 #24-37- 14-00- 00251.0 -0000.00 CONTAINING APPROXIMATELY 9.976 ACRES OF INFILL DEVELOPMENT FROM R -2 RESIDENTIAL TO M -1 INDUSTRIAL ON 4.601 ACRES AND R -2 RESIDENTIAL TO C -1 COMMERCIAL ON 5.375 ACRES; PROVIDING 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, established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the state to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of Cape Canaveral Comprehensive Plan, which plan was completely readopted on January 5, 1999, hereafter referred to as the "1999 Plan "; and WHEREAS, Section 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; and WHEREAS, a small scale comprehensive plan amendment was applied for (hereafter referred to a "Amendment ", and attached hereto as Exhibit "A" and incorporated herein by reference), effecting a parcel of infill development land for adoption in the calendar year 2001 as a single amendment; and WHEREAS, on February 13, 2002, the Planning and Zoning Board sitting as the Local 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 and that 1999 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and (11; City of Cape Canaveral, Florida Ordinance No. 01 -2002 Page 2 WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single - hearing adoption process pursuant to Section 9J- 11.006(1)(a)3, Florida Administrative Code; and WHEREAS, on March 5, 2002, the Cape Canaveral City Council 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 WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single- hearing adoption process pursuant to Section 9J- 11.006(1)(a)3, Florida Administrative code; and WHEREAS, on March 5, 2002, the Cape Canaveral City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advise of the city staff, citizens and interested parties submitting written and oral comments and the recommendation of the Local Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to the Department of Community Affairs; and WHEREAS, the Amendment adopted by this Ordinance complies with the rs; requirements of the Local Govemment Comprehensive Planning and Land Development Regulation Act. NOW, THEREFORE, 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 true and correct and are incorporated herein by reference. SECTION 2. Authority. This Ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3184 and 163.3187 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 or otherwise further the provisions of the 1999 City of Cape Canaveral Comprehensive Plan. SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to the Comprehensive Plan Amendment CPA -02 -1 to the 1999 Comprehensive Plan, the City of Cape Canaveral Future Land Use Map is hereby amended as specifically provided in Exhibit "A." SECTION 5. Effective Date and Legal Status of Plan Amendment. The effective date of this development plan amendment shall be thirty -one (31) days after \\ Cape- nt\ cityclerk \CityClk \Ordinances\ZONING\Comp Plan Amendment R -2 to M -1 & C -1.doc City of Cape Canaveral, Florida Ordinance No. 01 -2002 Page 3 adoption, unless the amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. If challenged, the effective date of g e o this Amendment shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission, finding the Amendment 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. In 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 stated in Section 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 Cape Canaveral Comprehensive Plan, as amended. SECTION 6. Transmittal to Department of Communitv Affairs. The City Manager is hereby designated to sign a letter transmitting this small scale development amendment to the Department of Community Affairs, in accordance with Section 163.3187(1)( c)(4), Florida Statutes, and Section 9J- 11.015, Florida Administrative Code. SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions. AU ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 8. Severabilitv. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared 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 whereof to be declared invalid. SECTION 9. Effective Date. The Ordinance shall be come effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. \1 Cape- nt\ cityclerk \CdyClk \Ordmances\ZONING\Comp Plan Amendment R -2 to M -1 & C -1.doc City of Cape Canaveral, Florida Ordinance No. 01 -2002 Page 4 Cie ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of March, 2002. 6oc • (-142k„„ogiegia.... Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan second "stasa 1s, CITY K Buzz Petsos Rocky Randels Richard Treverton x APPROVED AS TO FORM: Lary Weber Motion Mark uagge, CITY ATTORNEY c LPA Noticed Published: February 6, 2002 LPA Meeting: February 13, 2002 Public Hearing Notice Published: February 26, 2002 Public Hearing: March 5, 2002 Cov \\ Cape- nt\cityclerk \CityClk\Ordinances\ZONING \Comp Plan Amendment R -2 to M -1 & C -2.doc • i • EXHIBIT "A" l 1 e '2 i ^ . nt`a _ § �'s . . ? _� e z _ a te P z $ —�v a � i> g-9.: si:f g q 1 > I 1 a trill ill ' jib *Pr - O ia 1 rs <fL "1 ` Y 3 i 1 M3.1Y ';":41 •� - -__ "IYYIIY MYy . 1 . _ --- .- .- ._._. - -- 11[11• l a ' IY vli 11t W16 h4Y[Y 1' N wort a4Y Ila WI lI Y( K[I i (•wYl > ; 1 a` s = * 1s s a i a z e - �ba1'1•1.i is /'r � dv -c 71. i., h 1 iii g a s aere!9llga " a11 t P 1 _ I igif ?i'l.ji4.e13 i ar b :1,11, i f i o g ' t g iqa �- 1, 1 . e r a:5 a w m 1 e . • 1 i t1J3.r i o< 13 1 la ! q : l p t.ai T 1I ° pi, e ► v .z a it 6 aisi € ; IL, ; s ' :WI Ptia0 ii 6 ia n i s EE iI W :Lily 13a!; ::ale!. 6s • o I ii hp xi! Y91aa E° 4 i $ s o i l i fri; W. O 5 ' 9 s 1 a_ I x g4 .a r x' I s i.lie. J • r lilt il a t 4 1 al.n..∎ 1 I a ! 1 11a ! t"1 "C 1l 1 p a P15 a'1a: ltaaa xa� 1 p 1 114:11410! i a i / _ i1 Q sse�fyt� ;e a 9 4 A a11g IIPIIIIIii +b Ii C i ` I � ` Xe r i , a a a i Irs 1t 1 q TY4pt6911 1 0 q ° . 8 4 a _hta -'e1.t st r i ei02 hill iii!!iihil! e 9 Ofleit if r i F a U as ua g ° < "a 5 mil c_ u exi, 1 s3 d 111 a x agy a 1- • O e a• ul 1 } y o A ICA, Ile i If 1 .. K[l "K : [1,11„11. i 1' II E 6 see a 1 $1 e ` s7 = . 1 8 1 s 1° 4l.YW ... Y]lilal 01/1111111 eifi5 J a s mecl®Oa9OOEY. ♦1 -191 pp I