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HomeMy WebLinkAboutOrdinance No. 16-19961 1 1 ORDINANCE NO. 16-96 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH AND ADOPTING A COMPREHENSIVE PLAN AMENDMENT AS PROVIDED IN FLORIDA STATUTES SECTION 163.3177(6)(a), WHICH SHALL AMEND THE COMPREHENSIVE FUTURE LAND USE ELEMENT TO PROVIDE PUBLIC SCHOOLS AS AN ALLOWABLE USE WITHIN THE LAND USE CATEGORIES OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF 'l'H.E 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 (hereinafter referred to as the "1988 Plan "); and WHEREAS, Florida Statutes Section 163.3177(6)(a) provides that public school must be an allowable use within the land use categories, and all comprehensive plans must allow public schools to be an allowable use no later than October 1, 1996; and WHEREAS, pursuant to Section 163.3177(6)(a), an amendment to the Comprehensive Plan, pursuant to this Section, shall be exempt from the limitation on amendments as provided in Florida Statutes Section 163.3187; and WHEREAS, on June 26, 1996, the Local Planning Agency in accordance with its procedures held a duly noticed public hearing on the proposed amendment and considered findings and advice of staff, citizens, and all interested parties submitting comments and 1 City of Cape Canaveral Ordinance No. 16 -96 Page 2 and advice of staff, citizens, and all interested parties submitting comments and recommended to the City Council that the 1988 Plan be amended and that the amendment shall be submitted to the Department of Community Affairs; and WHEREAS, on September 17, 1996 and October 1, 1996, the Cape Canaveral City Council held duly noticed public hearings on the attached Comprehensive Plan amendment and considered the findings, advice and recommendations of the Local Planning Agency, staff, and all interested parties submitting written or oral comments and upon thorough and complete consideration and deliberation, approved for adoption of the attached Comprehensive Plan amendment; and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. 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. AUHORITY. 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. 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 1988 Plan. g \citycI1 ordinano‘zoning1complan -doo 1 1 1 City of Cape Canaveral Ordinance No. 16 -96 Page 3 SECTION 4. ADOPTION OF COMPREHENSIVE PLAN AMENDMENT. Pursuant to the Plan amendment to the 1988 Comprehensive Plan, the land use element objective LU -3 is hereby amended by the addition of a new policy LU -3.4, as follows: Policy LU -3.4: appropriate locations for public schools should be based upon the following criteria: A. Public Schools should be considered for locations within the following land use designations: R -2, R -3 and C -1 categories. B. Public vocational schools and colleges should only be considered in M -1 categories. C. School facilities should be centrally located to serve residential areas and be of sufficient size to accommodate the projected enrollment. Convenient pedestrian access is desirable. Locations on major roadways, in commercial and industrial areas should be avoided to minimize the hazards of vehicular traffic and to limit disturbances from noise, odors and fumes. SECTION 5. LEGAL STATUS OF PLAN AMENDMENT. After and from the effective date of this Ordinance, the Plan amendment shall amend the 1988 Plan and become part of the Plan, and the Plan amendment shall retain the legal status of the 1988 Cape Canaveral Comprehensive Plan established pursuant to the Code of Laws and Ordinances of the City of Cape Canaveral, Florida, as amended. SECTION 6. TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS. The City Manager is hereby designated to sign a letter transmitting this amendment to the Department of Community Affairs in accordance with Chapter 163, Florida Statutes, and Section 9J- 11.015, Florida Administrative code. SECTION 7. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. gAcityclk‘ordinanc\zoninfAcomplaitdoe 1 1 1 City of Cape Canaveral Ordinance No. 16 -96 Page 4 SECTION 8. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 9. The effective date of this Plan amendment shall e thirty -one (31) days after adoption unless the amendment is challenged pursuant to Florida Statutes Section 163.3187(3). If challenged, the effective date of 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 Florida Statutes. A certified copy of this Ordinance shall be filed with the Office of the Secretary of State, State of Florida, within ten (10) days of enactment. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of October 1996., AT Sandra:! APPROVED Kohn Bennett, CITY g:1 cityclklordinanc \zoninglcomplan.doc ORNEY NAME BRUNS NICHOLAS PETSOS FOR AGAINST X Motion X X Second PORTER X RANDELS X First Reading: September 17, 1996 Posted: September 6, 1996 Published:(LPA) June 16, 1996 (1st hrg)) September 6, 1996 (2nd hrg) September 26, 1996 Second Reading. October 1, 1996