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2 ORDINANCE NO. 06-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA, ADOPTING A CITY -INITIATED
6 REZONING OF APPROXIMATELY 7.88 ACRES OF REAL
7 PROPERTY OWNED BY THE CITY OF CAPE CANAVERAL
8 CURRENTLY BEING USED AS CONSERVATION AND
9 COMMONLY KNOWN AS LONG POINT PARK FROM THE
10 CURRENT CITY ZONING DESIGNATION TO THE CITY "R-1
11 RESIDENTIAL" TO "CONSERVATION" ZONING DISTRICT
12 DESIGNATION; PROVIDING THE PROPERTY SUBJECT TO THIS
13 ORDINANCE IS MORE PARTICULARLY DEPICTED AND LEGALLY
14 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING
15 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
16 RESOLUTIONS, SEVERABILITY AND A CONDITIONAL EFFECTIVE
17 DATE.
18
19
20 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
21 State Constitution, to exercise any power for municipal purposes, except when expressly
22 prohibited by law; and
23
24 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a
25 new Conservation Zoning Designation which is intended to provide a more specific zoning
26 designation to support properties that are used for conservation and passive recreation and
27 preservation of open space and enjoyment of nature; and
28
29 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning
30 designation by initiating the rezoning of certain properties owned by local government entities,
31 including the City of Cape Canaveral, so these properties have a "Conservation" zoning
32 designation on the City of Cape Canaveral's Official Zoning Map; and
33
34 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan
35 establishes a future land use category for Public and Recreation Facilities and Conservation and
36 the real property subject to this Ordinance is simultaneously having its respective Comprehensive
37 Plan Future Land Use Map classification changed to "Conservation;" and
38
39 WHEREAS, Sections 110-34 and 110-35 of the City Code provides a procedure and
40 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
City of Cape Canaveral
Ordinance No. 06-2021
Page 1 of 3
CFN 2021047779, OR BK 9029 PAGE 1359,
Recorded 02/25/2021 at 10:35 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs:5
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 from "R-1 Residential" to "Conservation (CON)" for
27 the real property depicted and legally described on Exhibits:A" which is attached and
28 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
29 Official Zoning Map upon 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
40 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
City of Cape Canaveral
Ordinance No. 06-2021
Page 2 of 3
1 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
2 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
3 the validity of the remaining portions of this Ordinance.
4
5 Section 6. Conditional Effective Date. This Ordinance shall become effective
6 immediately upon the effective date of Ordinance 05-2021 as adopted by the City Council of the
7 City of Cape Canaveral, Florida. If Ordinance 05-2021 does not become effective, then this
8 Ordinance shall become null and void.
9
10
11
12 February, 2021.
13
14
15 Bob Hoog, M
16q.
17 ATTESTS For Against
18
19 �" - Mike Brown Sfccu�
20
21 Mia Goforth, CMC Robert Hoog
22 City Clerk
23 Mickie Kellum /'YonoJV
24
25 Wes Morrison
26
27 Angela Raymond it
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
28 First Reading: January 19, 2021
29 Advertisement: November 19, 2020
30 Second Reading: February 16, 2021
31
32
33
34 Approved as to legal form and sufficiency
35 for the y f Cape Canaveral only by:
36
37
38 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 06-2021
Page 3 of 3
EXHIBIT "A"
ORDINANCE 06-2021
Subject Property
Zoning Map being Amended to Conservation
Long Point Park
24-37-22-01-A-9 (approx. 7.88 acres) - 260 Long Point Road
NOTES: 1. Rezoning Ordinance 06-2021 is conditioned upon Ordinance 05-2021 (FLUM) becoming
effective.
2. Acreage and Address taken from the Brevard County Property Appraiser's website data base.
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