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2 ORDINANCE NO. 03-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION OF APPROXIMATELY 8.64
8 ACRES OF REAL PROPERTY OWNED BY THE CANAVERAL PORT
9 AUTHORITY CURRENTLY BEING USED AND COMMONLY
10 KNOWN AS THE SOUTHERN PORTION OF JETTY PARK, AND
11 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
12 EXHIBIT "A" ATTACHED HERETO, FROM "R-3 RESIDENTIAL" TO
13 "PUBLIC/RECREATION;" PROVIDING FOR THE REPEAL OF
14 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
15 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
16 PLAN AND AN EFFECTIVE DATE.
17
18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
20 163.3187(1)(c), Florida Statutes; and
21
22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
23 public hearing on December 9, 2020, in accordance with the procedures in Chapter 163, Part II,
24 Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
25 advice of staff, citizens, and all interested parties submitting written and oral comments and has
26 recommended adoption to the City Council; and
27
28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
29 hearing on the proposed amendment set forth hereunder and considered findings and advice of
30 staff, citizens, and all interested parties submitting written and oral comments and supporting
31 data and analysis, and after complete deliberation, hereby approves and adopts the
32 Comprehensive Plan Amendment set forth hereunder; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
35 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
36
37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
38 ORDAINS, AS FOLLOWS:
39
City of Cape Canaveral
Ordinance No. 03-2021
Page 1 of 3
CFN 2021047776, OR BK 9029 PAGE 1344,
Recorded 02/25/2021 at 10:35 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs:5
40 Section 1. Recitals. The foregoing recitals are true and correct and are fully
41 incorporated herein by this reference.
42
43 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
44 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
45
46 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
47 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
48 of the City of Cape Canaveral Comprehensive Plan.
49
50 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
51 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
52 the real property legally described and depicted on Exhibit "A" from "R3 Residential" to
53 "Public/Recreation." Exhibit "A" is attached hereto and fully incorporated herein by this
54 reference.
55
56 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
57 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
58 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
59
60 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
61 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
62 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
63 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
64 the validity of the remaining portions of this Ordinance.
65
66 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
67 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
68 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
69 number or letter and any heading may be changed or modified as necessary to effectuate the
70 foregoing.
71
72 Section 8., Effective Date and Legal Status of the Plan Amendment. The effective
73 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
74 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
75 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
76 Agency or the Administration Commission issues a final order determining the adopted small
77 scale Comprehensive Plan Amendment is in compliance. No development orders, development
78 permits, or land use dependent on this Amendment may be issued or commenced before it has
City of Cape Canaveral
Ordinance No. 03-2021
Page 2 of 3
79 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
80 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
81 become a part of that plan and the Amendments shall have the legal status of the City of Cape
82 Canaveral Comprehensive Plan, as amended.
83
84 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
85 February, 2021.
86
87
88
89
90 Bob Hoog, Mayo
91
92 ATTEST: For Against
93
94
95
96 Mia Goforth, CC
97 City Clerk
98
99
100
101
102 Angela Raymond )t
103 First Reading: January 19, 2021
104 Advertisement: November 19, 2020
105 Second Reading: February 16, 2021
106
107
108 Approved as to legal form and sufficiency
109 for the f Cape Canaveral only by:
110
111
112 Ant lony A. Garganese, City Attorney
113
114
/4oTION
Mike Brown
Robert Hoog
Mickie Kellum
Wes Morrison
City of Cape Canaveral
Ordinance No. 03-2021
Page 3 of 3
SECOND
EXHIBIT "A"
ORDINANCE 03-2021
Property Description
Future Land Use Map being Amended to Public/Recreation (PUB/REC)
Southern Portion of Jetty Park (Canaveral Port Authority):
24-37-14-00-47 (approx. 8.64 acres) - Not Assigned
NOTES: Acreage and Address taken from the Brevard County Property Appraiser's website data base.
Exhibit "A"
Ordinance 03-2021
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