HomeMy WebLinkAboutOrdinance No. 16-19961
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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
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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.
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City of Cape Canaveral
Ordinance No. 16 -96
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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.
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City of Cape Canaveral
Ordinance No. 16 -96
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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.,
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Sandra:!
APPROVED
Kohn Bennett, CITY
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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