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RecordedFN 02/25/2021OR at BK 1035 9AM, Rachel M. Sadoff, 1349
Clerk of Courts, Brevard County
# Pgs:5
2 ORDINANCE NO. 04-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF APPROXIMATELY 8.64 ACRES OF REAL
7 PROPERTY OWNED BY THE CANAVERAL PORT AUTHORITY
8 CURRENTLY BEING USED AND COMMONLY KNOWN AS THE
9 SOUTHERN PORTION OF JETTY PARK FROM THE CURRENT
10 CITY ZONING DESIGNATION TO THE CITY
11 "PUBLIC/RECREATION" ZONING DISTRICT DESIGNATION;
12 PROVIDING THE PROPERTY SUBJECT TO THIS ORDINANCE IS
13 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
14 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
15 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
16 SEVERABILITY AND A CONDITIONAL EFFECTIVE DATE.
17
18
19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
20 State Constitution, to exercise any power for municipal purposes, except when expressly
21 prohibited by law; and
22
23 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a
24 new Public/Recreation Zoning Designation which is intended to provide a more specific zoning
25 designation to support properties that are used for public facilities and active recreation and
26 preservation of open space and enjoyment of nature; and
27
28 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning
29 designation by initiating the rezoning of certain properties owned by local government entities,
30 including the Canaveral Port Authority, so these properties have a "Public/Recreation (Pub/Rec)"
31 zoning designation on the City of Cape Canaveral's Official Zoning Map; and
32
33 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
34 establishes a future land use category for Public and Recreation Facilities and Conservation and
35 the real property subject to this Ordinance is simultaneously having its respective Comprehensive
36 Plan Future Land Use Map classification changed to "Pub/Rec - Public/Recreation;" and
37
38 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
39 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
City of Cape Canaveral
Ordinance No. 04-2021
Page 1 of 3
1 and
2
3 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
4 this Ordinance at the December 9, 2020 Planning and Zoning Board meeting; and
5
6 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
7 hearing on the proposed zoning change set forth hereunder and considered findings and advice
8 of staff, citizens, and all interested parties submitting written and oral comments and supporting
9 data and analysis, and after complete deliberation, hereby finds the requested zoning change
10 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral
11 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning
12 change set forth hereunder; and
13
14 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
15 government purpose and is in the best interests of the public health, safety, and welfare of the
16 citizens of Cape Canaveral, Florida.
17
18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
19 ORDAINS, AS FOLLOWS:
20
21 Section 1. Recitals. The foregoing recitals are true and correct and are fully
22 incorporated herein by this reference.
23
24 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
25 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
26 to include a change of zoning classification to "Public/Recreation (Pub/Rec)" for the real property
27 depicted and legally described on Exhibits "A" which is attached and incorporated herein by this
28 reference. City staff is hereby directed to promptly amend the City's Official Zoning Map upon
29 the effective date of this Ordinance.
30
31 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
32 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
33 the Official Records of Brevard County, Florida.
34
35 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
36 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
37 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
38
39 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
City of Cape Canaveral
Ordinance No. 04-2021
Page 2 of 3
1 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
2 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
3 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
4 the validity of the remaining portions of this Ordinance.
5
6 Section 6. Conditional Effective Date. This Ordinance shall become effective
7 immediately upon the effective date of Ordinance 03-2021 as adopted by the City Council of the
8 City of Cape Canaveral, Florida. If Ordinance 03-2021 does not become effective, then this
9 Ordinance shall become null and void.
10
11
12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
13 February, 2021.
r
14
15 .,
16 Bob Hoog, Ma
17
18 ATTEST: For Against
19
20 Mike Brown X
21
22 Mia Goforth, CMC Robert Hoog X
23 City Clerk
24 Mickie Kellum Marlow
25
26 Wes Morrison X
27
28 Angela Raymond 5conw0
29 First Reading: January 19, 2021
30 Advertisement: November 19, 2020
31 Second Reading: February 16, 2021
32
33 Approved as to legal form and sufficiency
34 for the C. f Cape Canaveral only by:
35
36
37 Anthony A. Garganese, City Attorney
38
City of Cape Canaveral
Ordinance No. 04-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 04-2021
Property being Rezoned 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: 1. Rezoning Ordinance 04-2021 is conditioned upon Ordinance 03-2021 (FLUM) becoming
effective.
2. Acreage and Address taken from the Brevard County Property Appraiser's website data base.
Exhibit "A"
Ordinance 04-2021
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