HomeMy WebLinkAboutcocc_ordinance_no_25-2021_202111161 ORDINANCE NO. 25-2021
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; ADOPTING A PROPERTY OWNER
5 INITIATED SMALL SCALE FUTURE LAND USE MAP
6 AMENDMENT BY CHANGING THE FUTURE LAND USE MAP
7 DESIGNATION OF A PARCEL OF PROPERTY DESCRIBED AS TAX
8 PARCEL ID. 24-37-23-CG-13-4 AND LEGALLY DESCRIBED
9 AS THE EAST'/2 OF LOT 4 AND LOTS 5, 6, 7 AND 8, BLOCK 13,
10 AVON BY THE SEA, ACCORDING TO THE PLAT
11 THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE
12 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA FROM "C-1
13 COMMERCIAL" TO "R-2 MEDIUM DENSITY
14 RESIDENTIAL;" PROVIDING THE PROPERTY SUBJECT TO
15 THIS ORDINANCE IS MORE PARTICULARLY DEPICTED
16 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
17 HERETO; PROVIDING FOR THE REPEAL OF PRIOR
18 INCONSISTENT ORDINANCES AND RESOLUTIONS,
19 SEVERABILITY, INCORPORATION INTO THE
20 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
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22 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
23 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
24 163.3187(1)(c), Florida Statutes; and
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26 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
27 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
28 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
29 and all interested parties submitting written and oral comments and has recommended adoption
30 to the City Council; and
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32 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
33 hearing on the proposed amendment set forth hereunder and considered findings and advice of
34 staff, citizens, and all interested parties submitting written and oral comments and supporting
35 data and analysis, and after complete deliberation, hereby approves and adopts the
36 Comprehensive Plan Amendment set forth hereunder; and
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38 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
39 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
City of Cape Canaveral
Ordinance No. 25-2021
Page 1 of 3
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41 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
42 ORDAINS, AS FOLLOWS:
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44 Section 1. Recitals. The foregoing recitals are true and correct and are fully
45 incorporated herein by this reference.
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47 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
48 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
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50 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
51 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
52 of the City of Cape Canaveral Comprehensive Plan.
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54 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
55 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
56 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
57 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
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59 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
60 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
61 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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63 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
64 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
65 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
66 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
67 the validity of the remaining portions of this Ordinance.
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69 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
70 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
71 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
72 number or letter and any heading may be changed or modified as necessary to effectuate the
73 foregoing.
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75 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
76 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
77 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
78 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
City of Cape Canaveral
Ordinance No. 25-2021
Page 2 of 3
79 Agency or the Administration Commission issues a final order determining the adopted small
80 scale Comprehensive Plan Amendment is in compliance. No development orders, development
81 permits, or land use dependent on this Amendment may be issued or commenced before it has
82 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
83 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
84 become a part of that plan and the Amendments shall have the legal status of the City of Cape
85 Canaveral Comprehensive Plan, as amended.
86
87 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
88 November, 2021.
89c-c
90 C�oti J, ~rl`: �`=«
91
92 t:
93 Wes Morrison, Mayor
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95 ATTEST: For Against
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97 / _ i_, Kim Davis
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99 Mia Goforth, CMC Mickie Kellum Second
100 City Clerk
101 Wes Morrison x
102
103 Angela Raymond Motion
104
105 Don Willis x
106 LPA/Planning & Zoning Board: July 28, 2021
107 Advertisement: October 7, 2021
108 First Reading: October 19, 2021
109 Second Reading: November 16, 2021
110
111 Approv as to legal form and sufficiency
112 fort y of Cape Canaveral only by:
113
114
115 Anthony A. Garganese, City Attorney
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117
City of Cape Canaveral
Ordinance No. 25-2021
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EXHIBIT "A"
East 1/2 of Lot 4 and Lots 5,6,7 and 8, Block 13, Avon by the Sea , PB 3, Page 7.