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Home My WebLink AboutOrdinance No. 18-19981 1 1 ORDINANCE NO. 18-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH A COMPREHENSIVE PLAN AMENDMENT REFERENCED AS CPA 01 -98 AS PROVIDED IN FLORIDA STATUTES SECTION 163.3184(15)(c), WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S APPROVED EVALUATION AND APPRAISAL REPORT; PROVIDING FOR AN EN'N'ECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO TITS 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, the City Council directed that the proposed amendments to the Comprehensive Plan be separated into two parts consisting of the Text or Data (Data and Analysis) to be adopted by resolution, and the Goals, Objectives and Policies (GOPs), to be adopted by ordinance; and WHEREAS, on May 27 and October 28, 1998, the Local Planning Agency in accordance with its procedures held a duly noticed public hearing on the proposed amendment CPA 01 -98 and considered findings and advice of staff, citizens, and all interested parties submitting comments and recommended to the City Council that the 1988 Plan be amended based on the 1 1 1 City of Cape Canaveral Ordinance No. 18 -98 Page 2 Evaluation and Appraisal Report and that the amendment shall be submitted to the Department of Community Affairs; and WHEREAS, the City received the "Objections, Recommendations, and Comments Report" (ORC report) from the DCA reflecting the Department's review of the proposed amendments; and WHEREAS, on June 16, 1998 and December 15, 1998, 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. 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. \\ cape- nt \cityclerk\cityclk \ord nances\zoning\ear based comp plan am ndments.doc 1 1 1 City of Cape Canaveral Ordinance No. 18 -98 Page 3 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 as amended based on the Evaluation and Appraisal Report. SECTION 4. ADOPTION OF COMPREHENSIVE PLAN AMENDMENT. Pursuant to Comprehensive Plan Amendment CPA 98 -01 to the 1988 Comprehensive Plan as amended, the City of Cape Canaveral is adopting the Goals, Objectives and Policies of the following elements: Intergovernmental Coordination, Conservation Management, Coastal Management, Infrastructure, Transportation, Parks and Recreation, Housing, Future Land Use and Capital Improvements. The Future Land Use Map and Transportation Maps are hereby amended as specifically provided in Exhibit "A," attached hereto. SECTION 5. LEGAL STATUS OF PLAN AMENDMENT. After and from the effective date of this Ordinance, the Plan Amendment shall amend the 1988 Plan as amended and become part of the Plan, and the Plan amendment shall retain the legal status of the 1988 Cape Canaveral Comprehensive Plan as amended 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 adopted 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. \\ cape- nt\ cityc lerk \cityclk \ordinances\zoning\ ear based comp plan amendments.doc 1 1 1 City of Cape Canaveral Ordinance No. 18 -98 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 be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes. \\ cope- at\ cityclerk \cityclk \ ordinances \wning\ear based comp plan mmendnients.doc 1 1 1 City of Cape Canaveral Ordinance No. 18 -98 Page 5 APPROVED FOR TRANSMITTAL BY the City Council of the City of Cape Canaveral, Florida, this 16th day of June, 1998. \\ cape- nt\ cit yclerk \cityc1k\ordinances\zoning\ear based comp plan amendn,ents.doc ‘44t� Rocky Randels, MAYOR NAME FOR AGAINST BRUNS Motion HERNANDEZ X PETSOS X RANDELS X SALAMONE Second LPA Hearing: May 27, 1998 Transmittal Mtg: June 16, 1998 LPA 2nd Hrg: October 28, 1998 Second Reading: December 15, 1998 Continuation Hrg: January 5, 1999 Posted: May 17, 1998 Published:(LPA) May 17, 1998 (LPA 2nd) October 18, 1998 (1st brg) June 7, 1998 (2nd hrg) December 5, 1998 1 1 1 City of Cape Canaveral Ordinance No. 18 -98 Page 6 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th \\ cape- nt\ cityclerk \cityclk\ardmmces\zoning\ear based comp plan an ndmcnts.doc Rocky Randels, MAYOR NAME FOR AGAINST BRUNS Second HERNANDEZ Motion PETSOS X RANDELS X TREVERTON X Sert oy: IVES HARRIS ;MALLS i 4076297883; 12/09/98 10:57L1MjgL&L #916;Page 10'22 n q BANANA R2VEIt �IrO PROPOSED R� C ANGES: eNo PROPOSED CHANGES I. F-"= R3 to PUB eRat 2. from Yl to CZ a. From Cl do Ml to R3 4, From 91 to C2 �! 5A. "em PUB to CON eRx 52. From R.9 to CON a PROPOSE'_% FUTURE LAOND USE C2 CO1 U CULL/W1KWAiCnMING CL 1t1 WDUSrfUL M RWMr.V IAL R2 WM IM PUB PL B- t�CREAT[ON a a CON CO A ON AREA Q ARMUELOGICAL SITE n �T � 1V scuE, D^ S00 AOICD CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN C'UTURE LAND USE MAP Figure 7-3 A ATLANMC OCEAN I N H rW A Walls, hr- A.. �Q•Y.A� ft M• 1� a Sen` by: IVEY HARRIS WALLS 4076297883; '2;09!98 1C:58AM;JgLFM&_#916;Page '11"22 ,,, X B "IB AANANA MM T LEGEND PRINCIPAL ARTERIAL - 4 LANE COLLECTOR STREET - 4 LANE COLLECTOR STP.N:E? - 2 LANE DUSTING BUS ROUTES F=TING BUS STOP EXISTING LEVEL OF SERVICE B Pi AK HOUR C PEAK HOUR lY 3CALC 0 500 1009 r7f U CITY OF CAPE CANAVERAL EXISTING TRAFFIC Fleura 4-1 4:0?= mm 9 ATL*.= OCEAN Ivey, Harma i Walls. Inc. P.Vmm. os�u . wswwr ww.na+. „P h0. kW* O.IL: '2-91-vh Sert oy: IVES HARRIS WALLS 4078297883; 12,!09/98 10:58AM; je[fax #916;Page 12/22 SCALL: p 300 1coo ex.s CITY OF CAPE CANAVERAL EXISTING TRAFFIC Flqure 4-1 LL'.Cr,C. tV L PRINCIPAL ARTERIAL — 4 LANE CDLLECTOR STREET - 4 LaE Cw ucToR STREET - 2 LANE Ivey, Harris d Walls, Inc. ,l�L .Mw�uw.• WM iM • VM.. wry. n ns •NIS (w M.W•ll