HomeMy WebLinkAboutcocc_ordinance_no_02-2019_20190219 1 ORDINANCE NO. 02-2019
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, FLORIDA; CHANGING THE
5 ZONING MAP DESIGNATION OF CERTAIN REAL
6 PROPERTY GENERALLY LOCATED AT 8811 SEA
7 SHELL LANE, AND MORE PARTICULARLY DEPICTED
8 AND LEGALLY DESCRIBED ON EXHIBIT "A"
9 ATTACHED HERETO, FROM "C-1 COMMERCIAL LOW
10 DENSITY" TO "R-1 RESIDENTIAL LOW DENSITY",
11 PROVIDING FOR THE REPEAL OF PRIOR
12 INCONSISTENT ORDINANCES AND RESOLUTIONS,
13 SEVERABILITY AND AN EFFECTIVE DATE.
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18 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII,
19 of the State Constitution, to exercise any power for municipal purposes, except when
20 expressly prohibited by law; and
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22 WHEREAS,the owner of the Property subject to this Ordinance submitted an application
23 seeking to construct a single family home on the subject property and seeks to have the Property
24 rezoned from C-1 Low Density Commercial to R-1 Residential Low Density to permit such
25 construction; and
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27 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
28 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
29 and
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31 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval
32 of this Ordinance at the December 13, 2018 Planning and Zoning Board meeting; and
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34 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
35 hearing on the proposed zoning change set forth hereunder and considered findings and advice of
36 staff, citizens, and all interested parties submitting written and oral comments and supporting data
37 and analysis, and after complete deliberation,hereby finds the requested zoning change consistent
38 with a corresponding and simultaneous amendment to the City of Cape Canaveral Comprehensive
39 Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth
40 hereunder; and
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42 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
City of Cape Canaveral
Ordinance No.02-2019 /—
Page 1 of 3 ;CFN 2019034932,OR BK 8372 PAGE 360,
Recorded 02120/2019 at 11:12 AM,Scott Ellis,Clerk of
Courts,Brevard County
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1 government purpose and is in the best interests of the public health, safety, and welfare of the
2 citizens of Cape Canaveral, Florida.
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4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL HEREBY ORDAINS,AS FOLLOWS:
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7 Section 1. Recitals. The foregoing recitals are true and correct and are fully
8 incorporated herein by this reference.
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10 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
11 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246,is hereby amended
12 to include a change of classification from "C-1 Low Density Commercial" to "R-1 Low Density
13 Residential" for the real property depicted and legally described on Exhibit"A" which is attached
14 and incorporated herein by this reference. City staff is hereby directed to promptly amend the
15 City's Official Zoning Map upon the effective date of this Ordinance.
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17 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
18 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
19 the Official Records of Brevard County, Florida.
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21 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
22 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
23 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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25 Section 5. Severability. If any section, subsection, sentence, clause,phrase, word or
26 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
27 competent jurisdiction,whether for substantive,procedural, or any other reason,such portion shall
28 be deemed a separate, distinct and independent provision, and such holding shall not affect the
29 validity of the remaining portions of this Ordinance.
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31 Section 6. Effective Date. This ordinance shall become effective immediately
32 upon the effective date of Ordinance 01-2019 as adopted by the City Council of the City of
33 Cape Canaveral, Florida. If Ordinance 01-2019 does not become effective, then this Ordinance
34 shall become null and void.
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39 [Adoption Page Follows]
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City of Cape Canaveral
Ordinance No.02-2019
Page 2 of 3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
2 February, 2019.
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5 6t
7 �� `tee;'� i` `"ag Bob Hoog, Mayor
l•
9 =o=
10 • ti
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14 ATTEST: ..a: f; `•--3oa9;o:&s°" For Against
15y
16 , f ` 1 Mike Brown x
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18 Mia Goforth, CM Robert Hoog x
19 City Clerk
20 Wes Morrison x
21 Planning and Zoning Board Hearing:
22 December 13, 2018 Rocky Randels Motion
23 First Hearing: January 15, 2019
24 Advertisement: February 7, 2019 Angela Raymond Second
25 Second Hearing: Februaryl9, 2019
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29 Approved as to legal form and sufficiency
30 fort Ci of Cape Canaveral only by:
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33 Anthony A. Garganese, City Attorney
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City of Cape Canaveral
Ordinance No.02-2019
Page 3 of 3
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Ordinance No. 02-2019
Exhibit "A"
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Legal Description
Parcels: 24-37-14-32-*-1 &24-37-14-32-*-2 &
24-37-14-32-*-3