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Home My WebLink Aboutcocc_ordinance_no_08-2021_20210216CFN 2021047781, OR BK 9029 PAGE 1369, 1 Recorded 02/25/2021 at 10:35 AM, Rachel M. Sadoff, Clerk of Courts, Brevard County 2 ORDINANCE NO. 08-2021 # Pgs.5 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 BY THE CITY OF CAPE CANAVERAL AND CURRENTLY 8 BEING USED AS EITHER PUBLIC OR RECREATION USES WITHIN 9 THE JURISDICTIONAL LIMITS OF THE CITY OF CAPE 10 CANAVERAL; SPECIFICALLY CHANGING THE ZONING MAP 11 DESIGNATION OF THE PROPERTIES GENERALLY REFERRED TO 12 AS CITY HALL COMPLEX, CITY FIRE STATION, AND CITY 13 PROPERTIES LOCATED AT 300 WASHINGTON AVENUE 14 (BENNIX PARK) AND 8820 NORTH ATLANTIC AVENUE 15 (WAGNER PARK); FROM THEIR RESPECTIVE CURRENT CITY 16 ZONING DESIGNATIONS TO THE CITY "PUBLIC/RECREATION" 17 ZONING DISTRICT DESIGNATION; PROVIDING THE 18 PROPERTIES SUBJECT TO THIS ORDINANCE ARE MORE 19 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 20 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL 21 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 22 SEVERABILITY AND A CONDITIONAL EFFECTIVE DATE. 23 24 25 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the 26 State Constitution, to exercise any power for municipal purposes, except when expressly 27 prohibited by law; and 28 29 WHEREAS, the City of Cape Canaveral recently updated its zoning code and adopted a 30 new Public/Recreation Zoning Designation which is intended to provide a more specific zoning 31 designation to support properties that are used for public facilities and active recreation and 32 preservation of open space and enjoyment of nature; and 33 34 WHEREAS, the City of Cape Canaveral now desires to implement the new zoning 35 designation by initiating the rezoning of certain properties owned by the City of Cape Canaveral 36 so these properties have a "Public/Recreation (Pub/Rec)" zoning designation on the City of Cape 37 Canaveral's Official Zoning Map; and 38 39 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan 40 establishes a future land use category for Public and Recreation Facilities and Conservation and 41 the real properties subject to this Ordinance are simultaneously having their respective 42 Comprehensive Plan Future Land Use Map classification changed to "Pub/Rec - City of Cape Canaveral Ordinance No. 08-2021 Page 1 of 3 1 Public/Recreation;" and 2 3 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 4 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 5 and 6 7 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of 8 this Ordinance at the December 9, 2020 Planning and Zoning Board meeting; and 9 10 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 11 hearing on the proposed zoning change set forth hereunder and considered findings and advice 12 of staff, citizens, and all interested parties submitting written and oral comments and supporting 13 data and analysis, and after complete deliberation, hereby finds the requested zoning change 14 consistent with a corresponding and simultaneous amendment to the City of Cape Canaveral 15 Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning 16 change set forth hereunder; and 17 18 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 19 government purpose and is in the best interests of the public health, safety, and welfare of the 20 citizens of Cape Canaveral, Florida. 21 22 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 23 ORDAINS, AS FOLLOWS: 24 25 Section 1. Recitals. The foregoing recitals are true and correct and are fully 26 incorporated herein by this reference. 27 28 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 29 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended 30 to include a change of zoning classification to "Public/Recreation (Pub/Rec)" for each of the real 31 properties depicted and legally described on Exhibits "A", which is attached and incorporated 32 herein by this reference. City staff is hereby directed to promptly amend the City's Official 33 Zoning Map upon the effective date of this Ordinance. 34 35 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of 36 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 37 the Official Records of Brevard County, Florida. 38 39 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 40 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and 41 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 42 City of Cape Canaveral Ordinance No. 08-2021 Page 2 of 3 1 Section 5, Severability. If any section, subsection, sentence, clause, phrase, word or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 5 the validity of the remaining portions of this Ordinance. 6 7 Section 6. Conditional Effective Date. This Ordinance shall become effective 8 immediately upon the effective date of Ordinance 07-2021 as adopted by the City Council of the 9 City of Cape Canaveral, Florida. If Ordinance 07-2021 does not become effective, then this 10 Ordinance shall become null and void. 11 12 13 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 14 February, 2021. 15 16 17 18 19 ATTEST: For Against 20 21 Mike Brown SECB,/G 22 23 Mia Goforth, CIVIC Robert Hoog 24 City Clerk 25 Mickie Kellum 26 27 Wes Morrison 28 29 Angela Raymond / *MoN X 30 First Reading: January 19, 2021 31 Advertisement: November 19, 2020 32 Second Reading: February 16, 2021 33 34 35 Approved M s to legal form and sufficiency 36 for the ty if Cape Canaveral only by: 37 38 39 Anthony A. Garganese, City Attorney are. Bob Hoog, Mayor City of Cape Canaveral Ordinance No. 08-2021 Page 3 of 3 EXHIBIT "A" ORDINANCE 08-2021 List of Properties being Rezoned to Public/Recreation (PUB/REC) City Hall Complex: 24-37-23-CG-41-9 (approx..57 acres) —100 Polk Avenue 24-37-23-CG-41-1 (approx..43 acres) - Not assigned 24 37 23 CG 41 4 (approx..14 acres) - Not assigned 24-37-23-CG-41-13 (approx..02 acres)- 110 Polk Ave City Fire Station: 24-37-23-CG-25-7 (approx..58 acres) — Not assigned Other City Properties: 24-37-23-00-308 (approx. .61 acres) — 300 Washington Ave 24-37-14-27-*A.02 (approx..22 acres) — 8820 N. Atlantic Ave NOTES: 1. Rezoning Ordinance 08-2021 is conditioned upon Ordinance 07-2021 (FLUM) becoming effective. 2. Acreages and Addresses taken from the Brevard County Property Appraiser's website data base. gat Mobe ...� t5outh Mobile H9 0 uth g a to„M o b i IHom e s Anchorage Ave IMF 24-37-14-27 *-A.02 Exhibit "A" Ordinance 08-2021 SeaportPor[ Blvd._....._._,....a�.................. �........_....�....,...,...._.....�................... Beach Park Ln Coral Dr Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USG" J FAO, NPS, NRCAI , Erase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri Chir �-I ryg Kong), (c) OpenStreetMap contributors, and the GIS User Communil 24-37-23-00-308 0 .s c p,Corp.,e Survey, Esri Japan, METI, Esri Chir Sources: Esri, HERE, Garmm, Intermap, increment P Cor GEBt O, USGS, FAO, NPS, NRCAN, (Hong Ko��g)IGN,(c) OpenSteeetM Ordnance W...and-the-GIS User-Commcmil In International Dr_ Lam'. MaJesti . ayAve Op `;; +........ i Sources: Esri, HERE,Garmin Intermap, increment P or ' OUrCeS E.,,ri, I..I Nyf IA Justamere Rd Legend Roadways 0 City of Cape Canaveral Boundary.::.:. Ord. 08-2021/Exhibit "A" 24-37-237CG; 5-7 MonroeAve Jackson Ave f✓ a o� 11 USGS, FAO, NPS, NRCAN, GeoBase IGN, Kadaster NL, Ordnance Survey *sri Japan, METI, Esri Chir (Hong Kon MOMr r(c) OpenStreetMap contributors �itAiesel,it„ ;r on ru ri Tyler Ave .._ 2437-23-CG 41 1; N24-37-23 .CG-41-4 4 37,23 24-37 23 CGG 441-13 - Polk Ave .v �litr>wJr1�, ra � r µ 1ri✓l Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri c hir (lnanCtraatMan rnntrihutnrc anri thug. (;IS I lcar Cnmmiinii rr�