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2 ORDINANCE NO. 01-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF SEVERAL GOVERNMENT OWNED PROPERTIES
7 OWNED RESPECTIVELY EITHER BY THE CITY OF CAPE
8 CANAVERAL OR THE CANAVERAL PORT AUTHORITY RELATED
9 TO LANDS WITH CURRENT FUTURE LAND USE MAP
10 CLASSIFICATION OF "CONSERVATION" AND CURRENTLY
11 BEING USED BY SAID GOVERNMENT ENTITIES AS
12 CONSERVATION AND PUBLIC OR RECREATION USES WITHIN
13 THE JURISDICTIONAL LIMITS OF THE CITY OF CAPE
14 CANAVERAL; SPECIFICALLY CHANGING THE ZONING MAP
15 DESIGNATION OF THE PROPERTIES GENERALLY REFERRED TO
16 AS BANANA RIVER PARK, THE NORTHERN PORTION OF
17 MANATEE SANCTUARY PARK AND A PORTION OF CANAVERAL
18 PORT AUTHORITY PROPERTY LOCATED WITHIN THE
19 NORTHWEST PORTION OF THE CITY ALONG THE BANANA
20 RIVER; FROM THEIR RESPECTIVE CURRENT CITY ZONING
21 DESIGNATIONS TO THE CITY "CONSERVATION" ZONING
22 DISTRICT DESIGNATION; PROVIDING THE PROPERTIES
23 SUBJECT TO THIS ORDINANCE ARE MORE PARTICULARLY
24 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
25 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
26 INCONSISTENT ORDINANCES AND RESOLUTIONS,
27 SEVERABILITY AND AN EFFECTIVE DATE.
28
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30 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
31 State Constitution, to exercise any power for municipal purposes, except when expressly
32 prohibited by law; and
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34 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a
35 new Conservation Zoning Designation which is intended to provide a more specific zoning
36 designation to support properties that are used for conservation and other authorized public
37 facilities and active recreation and preservation of open space and enjoyment of nature; and
38
39 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning
40 designation by initiating the rezoning of certain properties respectively owned by the City of Cape
41 Canaveral or the Canaveral Port Authority which currently have a Future Land Use Map
42 designation of "Conservation" so these properties have a consistent "Conservation (CON)" zoning
City of Cape Canaveral
Ordinance No. 01-2021
Page 1 of 3
CFN 2021047774, OR BK 9029 PAGE 1333.
Recorded 02/25/2021 at 10:35 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs:5
1 designation on the City of Cape Canaveral's Official Zoning Map; and
2
3 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
4 establishes a future land use category for Public and Recreation Facilities and Conservation and
5 the real properties subject to this Ordinance currently have a Future Land Use Map classification
6 of "Conservation (CON);" and
7
8 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
9 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
10 and
11
12 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
13 this Ordinance at the December 9, 2021 Planning and Zoning Board meeting; and
14
15 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
16 hearing on the proposed zoning change set forth hereunder and considered findings and advice
17 of staff, citizens, and all interested parties submitting written and oral comments and supporting
18 data and analysis, and after complete deliberation, hereby finds the requested zoning change
19 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral
20 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning
21 change set forth hereunder; and
22
23 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
24 government purpose and is in the best interests of the public health, safety, and welfare of the
25 citizens of Cape Canaveral, Florida.
26
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29
30 Section 1. Recitals. The foregoing recitals are true and correct and are fully
31 incorporated herein by this reference.
32
33 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
34 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
35 to include a change of zoning classification to "Conservation (CON)" for each of the real properties
36 depicted and legally described on Exhibits "A" which is attached and incorporated herein by this
37 reference. City staff is hereby directed to promptly amend the City's Official Zoning Map upon
38 the effective date of this Ordinance.
39
40 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
41 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
42 the Official Records of Brevard County, Florida.
City of Cape Canaveral
Ordinance No. 01-2021
Page 2 of 3
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2 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
3 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
4 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
5
6 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
7 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
8 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
ADOPTED by the City Council of the City of. ape Canaveral, Florida, this 16th day of
February, 2021.
ATTEST:
First Reading: January 19, 2021
Advertisement: November 19, 2020
Second Reading: February 16, 2021
Approved as to legal form and sufficiency
for the Cjkof Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
For
Mike Brown
Robert Hoog )(
Mickie Kellum X
Wes Morrison f4 TioN
Angela Raymond .SEcoN,,,E'
City of Cape Canaveral
Ordinance No. 01-2021
Page 3 of 3
Against
EXHIBIT "A"
ORDINANCE 01-2021
Subject Properties
Zoning Map being Amended to Conservation
Northern Portion of Manatee Park
24-37-15-00-503 (approx. 10.24 acres) - 701 Thurm Blvd
Banana River Park
24-37-15-00-504 (approx. 5.01 acres) - 901 Puerto Del Rio Drive
Canaveral Port Authority (north west portion of City on Banana River)
24-37-15-00-255 (approx. 19.3 acres) - Not Assigned
NOTES: Acreages and Addresses taken from the Brevard County Property Appraiser's website data
base.
Mullet Rd
2437
00-255
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24-371
Legend
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0-504°,q,
I= City of Cape Canaveral Boundary
Ord. 01-2021/Exhibit "A"
Exhibit "A"
Ordinance 01-2021
George 1 Kmg!Blvd,
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-a Challenger Rct. ..........,
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V
At antis Rd �„_......
Casa Bella Dr
Manatee Bay Dr
Columbia Dr
Long
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Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, MET , sri Chen.
(Rona Kona). (c) ODenStreetMao contributors. and the GIS User Co °lmunit