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HomeMy WebLinkAboutOrdinance No. 25-19981 1 1 ORDINANCE NO. 25-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA- S98 -1, WHICH SHALL AMEND THE 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; and WHEREAS, Sections 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, the City of Cape Canaveral applied for a small scale comprehensive plan amendment (hereafter referred to as "Amendment ", and attached hereto as Exhibit "A" and incorporated herein by reference), effecting a parcel of land, less than 10 acres, for adoption in the calendar year 1998 as a single amendment; and WHEREAS, this Amendment will not cause the City to exceed its yearly maximum of 60 acres of small scale amendments; and WHEREAS, on August 26, 1998, 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 stag 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 1 1 1 City of Cape Canaveral Ordinance No. 25 -98 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 163.3187(1)(c)(4), Florida Statutes; and WHEREAS, on September 15, 1998 the City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city stafiy citizens, and all 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 the 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 Regulations 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-S98-1 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 it 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 City of Cape Canaveral Comprehensive Plan, as amended. 1 1 1 City of Cape Canaveral Ordinance No. 25 -98 Page 3 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 section 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 by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the 15th day of September, 1998. ATTEST: /1 Sandra 0. S4nn ,° CTTIPCLERI Vcape- m\myolak\ o oes \ZONIN Comp Plan nmdtDOC Rocky Randels, MA'OR NAME FOR AGAINST BRUNS Second HERNANDEZ Motion PETSOS Absent SALAMONE Absent RANDELS X Posted: Published:(LPA) 8/16/98 (Council) 9/5/98 Hearings: LPA: 8/26/98 Councillst hrg: 9/1/98 Public Hearing: 9/15/98 City of Cape Canaveral Proposed Small Scale Plan Amendment 98S.1 Applicant: City of Cape Canaveral Location: Range: 37 Township: 24 Section: 15 Parcel(s) Portions of 750 and 754 Acreage: 4.66 acres Current Future Land Use: Residential R-3 Proposed Future Land Use: Commercial C-1 Current Zoning: Residential R-3 Description of Amendment Area: The subject parcel is presently vacant. The subject parcel is located approximately 800 feet west of State Route AIA. It is situated adjacent to existing commercial (east and south boundaries), and vacant R-3 multi-family residential (west and north). The Future Land Use and Zoning designations portray a similar pattern as the existing uses. There is "R-3" (Duplex/Multi-Family a maximum of 15 dwelling units per acre), to the north and west. There is "C-1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use), to the east and south. The subject parcel is 4.66 acres and is an extension of the existing commercial area that would be to a consistent depth to the south. This parcel would be utilized as an extension to the existing Radisson Resort. The parcel would not encroach into any established residential areas. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (1) acre of park land per 1,000 residents. Approximately twenty-four(24) acres of park land exist with 8,492 residents in Cape Canaveral. This equates to almost 3 acres of park land per 1,000 residents. State Route AIA is operating at Level of Service "C" with 1,858 peak hour trips. The maximum peak-hour volume acceptable is 2,940 representing a LOS of"E". The proposed change could potentially generate 180 peak hour trips per day and would not create a traffic deficiency. 1 � •��C ^)4•l L nom'►_ - -��.' �� '� ♦� >',�aaJA. i. '�, �t _ ur"at`�'cr .•''�- i6 S^•�'•' t `C _ a. rte.�- -.ri�.r _i�.. .. - R2 ND . 12 yC M . 21 CL sz 13 C1 1x atvnw 1cw X3 a Im 22 1i u a12 1t c a 231z u R3 C1 z nn rus R aa Q 12 u 13 a Damao 1P��1F�DS� nmn r"° CHANGE » R2 aanao aaa� a� � � � 1 3 3L ©Q a33 12 ILCI sz33 as av a13 eMi�NA� aaa ATL4M:co� emaoao %m aaao� F 0 000 - CFA 5852 BM aaa 13 aaa 1PD OMSED CHANGES as 2 33 23 AS 77ANSAf•II'S•®Uq R3 EAR BASED AMENDmM A-b 8R96 aaa 13 r-Xr 31 13 aao� USS Cl- COMMMCIAL oL--7 ? � AC.-TIIJM�rG Q !R1 *RES DEAL 31R2 RESiDM4TIAL �O 1R3 RSSSDM4TIAL FUS FU3UCfiMCREA'707 AREA s' a AR� GICAL snm N o 0 C SMALL SCALE R AN AMEKDME1gT o Soo 1000 SpA 9852r� w e.w.tiw 7Y OF GAPE OANAVERAL E-41=A p 01-4 CAL COMPREHENSIVE PLAN ruIvey. Harris A wane, Inc. ufoa fs.atrna.woxa►e+uw.rtrn URE LAND USE MAP ,._`�`-;„ •f°° - ;;r;;,,,