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HomeMy WebLinkAboutOrdinance No. 13-19991 1 ORDINANCE NO. 13-99 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 THE ENCOURAGEMENT OF SITING AND COLLOCATION OF PUBLIC SCHOOLS WITH OTHER PUBLIC FACILITIES IN THE CITY; PROVIDING FOR 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 INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3161, et. seq., Florida Statutes, established the Local Govemment 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 January, 1999, the City of Cape Canaveral, Florida, adopted the 1999 City of Cape Canaveral Comprehensive Plan (hereinafter referred to as the "1999 Plan "); and WHEREAS, Florida Statutes Section 163.3177(6)(a) provides that public schools must be an allowable use within the land use categories, and all comprehensive plans must allow public schools to be an allowable use and shall encourage the siting and collocation of public schools with other public facilities as permitted land uses; and 1 1 1 City of Cape Canaveral Ordinance No. 13 -99 Page 2 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 October 13, 1999, 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 recommended to the City Council that the 1999 Plan be amended and that the amendment shall be submitted to the Department of Community Affairs; and WHEREAS, on November 16, 1999 and December 7, 1999. 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 Govemment 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. 1 1 1 City of Cape Canaveral Ordinance No. 13 -99 Page 3 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. 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 1999 Plan. SECTION 4. ADOPTION OF COMPREHENSIVE PLAN AMENDMENT. Pursuant to the Plan amendment to the 1999 Comprehensive Plan, the City hereby adopts a new land use element objective LU -3, 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. 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. D. The City shall encourage siting and collocation of public schools with other public facilities as permitted land uses. To the maximum extent possible, new public facilities shall be located, designed and constructed on or adjacent to library, community center, park and/or recreation center. 1 1 City of Cape Canaveral Ordinance No. 13 -99 Page 4 SECTION 5. LEGAL STATUS OF PLAN AMENDMENT. After and from the effective date of this Ordinance, the Plan amendment shall amend the 1999 Plan and become part of that Plan, and the Plan amendment shall retain the legal status of the 1999 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. 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. 1 1 1 City of Cape Canaveral Ordinance No. 13 -99 Page 5 SECTION 9. The effective date of this Plan amendment shall be 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 7th day of December, 1999. Approved a to Form: Kohn Bennett, CITY ATTORNEY Rocky Randels, MAYOR Name Larry Weber X Richard Treverton X Burt Bruns Second Buzz Petsos Motion Rocky Randels X Yes No LPA Hearing: October 13, 1999 First Reading: November 16, 1999 Second Hrg: December 7, 1999 Posted: November 1, 1999 Published: (LPA) October 13, 1999 (1st hrg) November 7, 1999 (2nd hrg) November 28, 1999