HomeMy WebLinkAboutOrdinance No. 01-19991
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ORDINANCE NO. 01-99
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 1999 AS PROVIDED IN CPA- 99 -01,
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 January 1999, the City of Cape Canaveral, Florida, adopted the 1999
City of Cape Canaveral Comprehensive Plan, hereafter referred to as the 1999 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 1999 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 1999 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 April 14, 1999, the Local Planning Agency, in accordance with the
procedures in the Cape Canaveral Code, held a 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 1999 Plan be amended and that the
Amendment be submitted to the Department of Community Affairs; and
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City of Cape Canaveral
Ordinance No. 01 -99
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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 May 18, 1999, the City Council 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 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 1999 City of Cape Canaveral Comprehensive Plan.
SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to Small Scale
Comprehensive Plan Amendment CPA -99 -01 to the 1999 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 1999 City of Cape Canaveral Comprehensive
Plan, as amended.
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City of Cape Canaveral
Ordinance No. 01 -99
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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
Depai latent 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 18th day of May, 1999.
ATTEST:
Sandra O. Sims, CITY CLERK
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Rocky Raridels, MAYOR
NAME FOR AGAINST
BRUNS X
HERNANDEZ Motion
PETSOS Second
TREVERTON X
RANDELS X
Posted: May 5, 1999
Published:
(Council Meeting) May 7, 1999
Hearings:
LPA: April 14, 1999
Council 1st Reading: May 4, 1999
Public Hearing: May 18, 1999
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on the 20th day of May,1999
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This IFuture la1d Use Map S
of the City of (ape Can aver al
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CPA 0'[...99 by Ordilance 01-99
00 the 20th day of May, 1999
prepared by CapeGIS