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2 ORDINANCE NO. 26-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A PROPERTY OWNER
6 INITIATED REZONING OF A PARCEL OF PROPERTY DESCRIBED
7 AS TAX PARCEL ID. 24-37-23-CG-13-4 AND
8 LEGALLY DESCRIBED AS THE EAST'/2 OF LOT 4 AND LOTS 5, 6,
9 7 AND 8, BLOCK 13, AVON BY THE SEA, ACCORDING TO
10 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE
11 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA
12 FROM THE CURRENT CITY C-1 LOW DENSITY
13 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE
14 CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT
15 DESIGNATION; PROVIDING THE PROPERTY SUBJECT TO
16 THIS ORDINANCE 1S MORE PARTICULARLY DEPICTED
17 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
18 HERETO; PROVIDING FOR THE REPEAL OF PRIOR
19 INCONSISTENT ORDINANCES AND RESOLUTIONS,
20 SEVERABILITY AND AN EFFECTIVE DATE.
21
22 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
23 State Constitution, to exercise any power for municipal purposes, except when expressly
24 prohibited by law; and
25
26 WHEREAS, the subject property owner desires to rezone the subject property to R-2
27 Medium Density Residential in order to construct residential units; and
28
29 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
30 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
31 and
32
33 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
34 have recommended approval of this Ordinance; and
35
36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
37 hearing on the proposed zoning change set forth hereunder and considered findings and advice
38 of staff, citizens, and all interested parties submitting written and oral comments and supporting
39 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
City of Cape Canaveral
Ordinance No. 26-2021
Page 1 of 3
1 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
2 and substantial evidence supports the zoning change set forth hereunder; and
3
4 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
5 government purpose and is in the best interests of the public health, safety, and welfare of the
6 citizens of Cape Canaveral, Florida.
7
8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
9 ORDAINS, AS FOLLOWS:
10
11 Section 1. Recitals. The foregoing recitals are true and correct and are fully
12 incorporated herein by this reference.
13
14 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City
15 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
16 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
17 for each of the real properties depicted and legally described on Exhibit "A" which is
18 attached and incorporated herein by this reference. City staff is hereby directed to promptly
19 amend the City's Official Zoning Map upon the effective date of this Ordinance.
20
21 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution
22 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance
23 in the Official Records of Brevard County, Florida.
24
25 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All
26 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of
27 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
28
29 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word
30 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
31 of competent jurisdiction, whether for substantive, procedural, or any other reason, such
32 portion shall be deemed a separate, distinct and independent provision, and such holding shall
33 not affect the validity of the remaining portions of this Ordinance.
34
35 Section 6. Conditional Effective Date. This Ordinance shall become
36 effective immediately upon the effective date of Ordinance 25-2021 as adopted by the City
37 Council of the City of Cape Canaveral, Florida. If Ordinance 25-2021 does not become
38 effective, then this Ordinance shall become null and void.
39
City of Cape Canaveral
Ordinance No. 26-2021
Page 2 of 3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
2 November, 2021.
3
4 Jr) 114/L44
5 Wes Morrison, Mayor
6
7 ATTEST: For Against
8
10
9 Kim Davis
11 Mia Goforth, CMCMickie Kellum M_ ; can
12 City Clerk
13 Wes Morrison
14
15 Angela Raymond second
16
17 Don Willis x
18
19 Planning & Zoning Board: July 28, 2021
20 Advertisement: October 7, 2021
21 First Reading: October 19, 2021
22 Second Reading: November 16, 2021
23
24 Approved as to legal form and sufficiency
25 for thty of Cape Canaveral only by:
26
27
28 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 26-2021
Page 3 of 3
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.