HomeMy WebLinkAboutOrdinance No. 22-19961
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ORDINANCE NO. 22-96
AN ORDINANCE OF '1'11l: CITY COUNCIL OF '1HI CITY
OF CAPE CANAVERAL, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING A SMALL SCALE PLAN AMENDMENT FOR
1996 AS PROVIDED IN CPA -96 -1, WHICH SHALL AMEND
ME COMPREHENSIVE PLAN FUTURE LAND USE MAP;
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 AND 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 October, 1988, the City of Cape Canaveral, Florida, adopted the 1988
City of Cape Canaveral Comprehensive Plan, hereafter referred to as the 1988 Plan; hereafter
referred to as the 1988 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 1988 Plan; and
WHEREAS, this Amendment will not cause the City to exceed its yearly maximum of 60
acres of small scale amendments; and
WHEREAS, on September 25 , 1996, the Planning and Zoning Board and 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 that the 1988 Plan be amended and that the Amendment be submitted to the
Department of Community Affairs; and
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WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed
under the single- hearing adoption process pursuant to Section 163.3187(1)(c)(4), Florida
Statutes; and
WHEREAS, on October 1 and October 17 , 1966, the City Council held duly
noticed public hearings 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 the Department of community Affairs; and
WHEREAS, the Amendment adopted by this Ordinance complies with the requirements
of the Local Government 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 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, 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 and otherwise further the provisions of
the 1988 City of Cape Canaveral Comprehensive Plan.
SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to Small
Scale Comprehensive Plan Amendment CPA -96 -1 to the 1988 Comprehensive Plan, the City of
Cape Canaveral Future Land Use Map is hereby amended as specifically provided in Exhibit "A ",
attached hereto.
SECTION 5. Effective Date and Legal Status of the Plan Amendment. The effective
date of this small scale development plan amendment shall be thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. 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 Section 163.3184, Florida Statutes. No development orders, development
permits, or land uses dependent on this Amendment may be issued or commence before is 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 stated in Section 4 shall amend the 1988 Comprehensive Plan and become a part of
that plan, and the plan amendment shall retain the legal status of the 1988 City of Cape Canaveral
Comprehensive Plan, as amended.
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SECTION 6. Transmittal to Department of Community 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. All
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. SEVERABILITY. 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 thereof to be declared invalid.
SECTION 9. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED ib 41 *;City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the . TStiyday of October, 1996.
Ai IEST
Sandra O. Siths, TTY CLE I
Approved as to
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Name
Burt Bruns
Leo Nicholas
Buzz Petsos
John Porter
Rocky Randels
For Against
X Motion
x Second
X
First Reading: October 1, 1996
Posted: September 15, 1996
Published: (LPA) September 15, 1996
(1st Hrg)September 22, 1996
(2nd Hrg)October 6, 1996
Second Reading: October 15, 1996
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Exhibit "A"
All that certain land situated in Brevard County, Florida, viz:
Commencing at a point on the Fast right of way of State Road #401 (100 foot right of way as now
laid out) said point being 2207.89 feet northerly, and measured at right angles to the South line of
Section 15, Township 24 South, Range 37 Fast, Brevard County, Florida, go thence North 52° 38'
50" Fast a distance of 25.00 feet to the Point of Beginning; thence North 52° 38' 50" Fast a
distance of 203.38 feet to the P.C. of a curve; thence Northeasterly along said curve diverging to
the right whose radius is 180.0 feet; central angle is 55° 28' 55 ", chord is 167.57 feet, bearing
North 80° 23' 18" Fast, an arc distance of 174.30 feet; thence South 37° 21' 10" Fast a distance of
217.96 feet; thence South 1° 09' 24" West a distance of 100.0 feet to a point on a curve; thence
Southwesterly along said cure diverging to the left whose radius is 400.00 feet, central angle is 28°
30' 34 ", chord is 196.99 feet bearing South 76° 54' 07" Fast, an arc distance of 199.03 feet to the
P.T. of said curve; thence South 62° 38' 50" West a distance of 115.93 feet to the P.C. of a curve;
thence along said curve diverging to the right whose radius is 25.0 feet, whose tangent is 20.98
feet, through a central angle of 80° 00'; thence North 37° 21' 10" West along the Fasterly right of
way of said State Road #401 a distance of 223.54 feet to the P.C. of a curve; thence along said
curve, diverging to the right whose radius is 25.0 feet, whose tangent is 25.0 feet, through a central
angle of 90° 00' to the Point of Beginning.
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