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Home My WebLink Aboutcocc_ordinance_no_02-2021_202102161 2 ORDINANCE NO. 02-2021 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, BREVARD COUNTY, OR THE BREVARD COUNTY 9 SCHOOL DISTRICT RELATED TO LANDS WITH CURRENT 10 FUTURE LAND USE MAP CLASSIFICATION OF 11 "PUBLIC/RECREATION" AND CURRENTLY BEING USED BY SAID 12 GOVERNMENT ENTITIES AS EITHER PUBLIC OR RECREATION 13 USES WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF 14 CAPE CANAVERAL; SPECIFICALLY CHANGING THE ZONING 15 MAP DESIGNATION OF THE PROPERTIES GENERALLY 16 REFERRED TO AS THE OLD CITY HALL COMPLEX AND SHERIFF'S 17 OFFICE, CITY RECREATION CENTER, CITY LIBRARY, 18 WASTEWATER RECLAMATION FACILITY, CAPE VIEW 19 ELEMENTARY, CHERIE DOWN PARK, CANAVERAL CITY PARK, 20 SOUTHERN PORTION OF MANATEE SANCTUARY PARK AND 21 CITY PROPERTY LOCATED AT 200 LONG POINT ROAD 22 (PATRIOTS PARK) FROM THEIR RESPECTIVE CURRENT CITY 23 ZONING DESIGNATIONS TO THE CITY "PUBLIC/RECREATION" 24 ZONING DISTRICT DESIGNATION; PROVIDING THE 25 PROPERTIES SUBJECT TO THIS ORDINANCE ARE MORE 26 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 27 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL 28 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 29 SEVERABILITY AND AN EFFECTIVE DATE. 30 31 32 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 33 State Constitution, to exercise any power for municipal purposes, except when expressly 34 prohibited by law; and 35 36 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a 37 new Public/Recreation Zoning Designation which is intended to provide a more specific zoning 38 designation to support properties that are used for public facilities and active recreation and 39 preservation of open space and enjoyment of nature; and City of Cape Canaveral Ordinance No. 02-2021 Page 1 of 4 CFN 2021047775, OR BK 9029 PAGE 1338, Recorded 02/25/2021 at 10:35 AM, Rachel M. Sadoff, Clerk of Courts, Brevard County # Pgs:6 1 2 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning 3 designation by initiating the rezoning of certain properties respectively owned by the City of Cape 4 Canaveral, Brevard County, Brevard County School Board or Canaveral Port Authority so these 5 properties have a "Public/Recreation (Pub/Rec)" zoning designation on the City of Cape 6 Canaveral's Official Zoning Map; and 7 8 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan 9 establishes a future land use category for Public and Recreation Facilities and Conservation and 10 the real properties subject to this Ordinance currently have a Future Land Use Map classification 11 of "Pub/Rec - Public/Recreation;" and 12 13 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 14 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 15 and 16 17 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of 18 this Ordinance at the December 9, 2020 Planning and Zoning Board meeting; and 19 20 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 21 hearing on the proposed zoning change set forth hereunder and considered findings and advice 22 of staff, citizens, and all interested parties submitting written and oral comments and supporting 23 data and analysis, and after complete deliberation, hereby finds the requested zoning change 24 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral 25 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning 26 change set forth hereunder; and 27 28 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 29 government purpose and is in the best interests of the public health, safety, and welfare of the 30 citizens of Cape Canaveral, Florida. 31 32 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 33 ORDAINS, AS FOLLOWS: 34 35 Section 1. Recitals. The foregoing recitals are true and correct and are fully 36 incorporated herein by this reference. 37 38 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 39 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended City of Cape Canaveral Ordinance No. 02-2021 Page 2 of 4 1 to include a change of zoning classification to "Public/Recreation (Pub/Rec)" for each of the real 2 properties depicted and legally described on Exhibits "A" which is attached and incorporated 3 herein by this reference. City staff is hereby directed to promptly amend the City's Official 4 Zoning Map upon the effective date of this Ordinance. 5 6 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 7 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 8 the Official Records of Brevard County, Florida. 9 10 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 11 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 12 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 13 14 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 15 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 16 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 17 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 18 the validity of the remaining portions of this Ordinance. 19 20 21 February, 2021. 22 23 24 Bob Hoog, Mac r 25 26 ATTEST: For Against 27 28 Mike Brown X 29 30 Mia Goforth, CIVIC Robert Hoog iC 31 City Clerk c 32 Mickie Kellum ScwMn 33 34 Wes Morrison 35 36 Angela Raymond MOTION ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 37 38 39 City of Cape Canaveral Ordinance No. 02-2021 Page 3 of 4 1 First Reading: January 19, 2021 2 Advertisement: November 19, 2020 3 Second Reading: February 16, 2021 4 5 6 Approved as to legal form and sufficiency 7 for the/CI of Cape Canaveral only by: 8 9 10 Anthony A. Garganese, City Attorney 11 City of Cape Canaveral Ordinance No. 02-2021 Page 4 of 4 EXHIBIT "A' ORDINANCE 02-2021 List of Properties being Rezoned to Public/Recreation (PUB/REC) Old City Hall Complex and Sheriffs Office: 24 37 23 CG 46 1 (approx. .72 acres) -105 Polk Ave 24-37-23-CG-46-6 (approx. .72 acres) - 111 Polk Ave 24-37-23-CG-46-12 (approx. .14 acres) - Not assigned 24-37-23-CG-46-13 (approx. .29 acres) -106 Taylor Ave City Recreation Center: 24-37-23-CG-51-1 (approx. 2.23 acres) - 7300 N. Atlantic Ave City Library: 24-37-23-CG-47-1 (approx. 2.29 acres) - 201 Polk Avenue Wastewater Reclamation Facility: 24-37-15-00-765 (approx. 4.05 acres) - 601 Thurm Blvd. 24-37-15-00-501 (approx. 4.37 acres) - Not Assigned Cape View Elementary (Brevard County School Board): 24-37-14-77-5 (approx. .59 acres) -540 Washington Ave 24-37-14-77-7 (approx. 7.58 acres) - 8329 Ridgewood Ave Cherie Down Park (Brevard County and School Board): 24-37-14-77-1 (approx.. .58 acres) 24-37-14-77-2 (approx. 1.11 acres) 24-37-14-77-4 (approx..33 acres) 24-37-14-77-4A (approx..96 acres) 24-37-14-77-8 (approx. 4.01 acres) - 8330 Ridgewood Ave (Brevard County) - 8330 Ridgewood Ave (Brevard County) - 600 Washington Ave (Brevard County) - Not assigned (Brevard County) - 8330 Ridgewood Ave (School Board) Canaveral City Park: 24-37-23-CG-P (approx. 4.6 acres) -7920 Orange Ave Southern Portion of Manatee Park: 24-37-15-00-502 (approx. 2.48 acres) - Not Assigned Patriots Park: 24-37-22-01-A-1 (approx..28 acres) - 200 Long Pt. Road NOTE: Acreages and Addresses taken from the Brevard County Property Appraiser's website data base. 24-37-15-00-502 03 el Villanova Dr 24:37;415:00:76S 24-37-1500 .501 1. Casa Bella Dr Thurm Blvd Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, IMMAX. 114enega RiversideDr Hitching 24-37-23-CG-46-1 Tu 2437-2375EG-46264 !?,-.4'!3723c647.1,,,,, -- Richie Ave Post Rd 4:37:23-Ltd - '6-13 24-37 -23-CG 6-1 2,4r37..,,23,CG-51-1 FilImOreAVe Sources: lE":ri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, cleNRCAN, ' oBase, IGN, Kadaster NL, Ordna Ice Survey, Esri Japan, METI, Esri CI-iina (Hqlg Kong), (c) OpenStreetMap con ributors, and the GIS User Community Legend Caroline St CI City of Cape Canaveral Boundary I I Ord. 02-2021/Exhibit "A" 41144N„n 4 N ,ij Tare Washington Ave „ rrnorue 44re44, 4444r r, r1.44444,f aftri r r ornq 1 frlf4r, II A, remint P Corp., GEBCO, U 0 f4r, rr Kings Ln Exhibit AnD'r Man°r Dr Ordinance 02-2021 srf, 24-37-22-01-A-1 Columbia Dr Church Ln ,S, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Sury , Esr Japan, M_ Chin, (Hong Kong), (c) OpenStreetMap contanitthe GIS UsffiCornmunit: „.. ol Jackson Ave Madison Ave —17 o r A Sources: Esri, HERE, GarMin, lntermap, increment P Corp., GEBCO, USGS, FAO, NP NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, E ri Japan, METI, Esri Chin. vier Ave .(171_,octp Kongl (t) ipponStreet conthipiotS, ard1the-61S User Communit: Cherie Down Ln„,, 24-37-14r77-7, I ID. 24-37-14-77-8 24-37-14,71-4 24-37-1 77-1 24-37-14-7.7-5 / 24737-1 77-2 /' 24-37-14,77-4A / IL , 4444 S, FAO, NPS, NRCAN, GeoBase, 6N, Kadaster , L, Ordna ce Survey, Esri Japan, METI, Esri Chin,