HomeMy WebLinkAboutcocc_ordinance_no_18-2021_20220215CFN 2022067868, OR BK 9448 PAGE 1158,
Recorded 03/18/2022 at 09:25 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs: 5
1
2 ORDINANCE NO. 18-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF SEVERAL PARCELS OF PROPERTY GENERALLY
7 LOCATED ON CLARA ELIZABETH LANE AND COMMONLY
8 REFERRED TO AS THE CANAVERAL WOODS CONDOMINIUM
9 FROM THEIR RESPECTIVE CURRENT CITY C-1 LOW DENSITY
10 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE CITY
11 R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT
12 DESIGNATION; PROVIDING THE PROPERTIES SUBJECT TO
13 THIS ORDINANCE ARE MORE PARTICULARLY DEPICTED AND
14 LEGALLY DESCRIBED ON EXHIBIT °A" ATTACHED HERETO;
15 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
16 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN
17 EFFECTIVE 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 is currently conducting a comprehensive evaluation
25 and update of the City's Official Zoning Map; and
26
27 WHEREAS, several parcels of land, including the subject property, are zoned C-1 Low
28 Density Commercial but either have inconsistent existing residential uses or the C-1 designation
29 is incompatible with the existing residential land use pattern surrounding the subject property;
30 and
31
32 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density
33 Residential so that the zoning map designation is consistent with the existing residential land uses
34 and/or compatible with the surrounding residential land use pattern; and
35
36 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by
37 affording lands with existing residential uses a consistent residential zoning designation that will
38 allow such residential uses to continue to exist consistent with the R-2 Medium Density Residential
39 Zoning District regulations; and
40
City of Cape Canaveral
Ordinance No. 18-2021
Page 1 of 3
1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
3 and
4
5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
6 have recommended approval of this Ordinance; and
7
8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
9 hearing on the proposed zoning change set forth hereunder and considered findings and advice
10 of staff, citizens, and all interested parties submitting written and oral comments and supporting
11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
13 and substantial evidence supports the zoning change set forth hereunder; and
14
15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
16 government purpose and is in the best interests of the public health, safety, and welfare of the
17 citizens of Cape Canaveral, Florida.
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19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
20 ORDAINS, AS FOLLOWS:
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22 Section 1. Recitals. The foregoing recitals are true and correct and are fully
23 incorporated herein by this reference.
24
25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
26 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
27 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of
28 the real properties depicted and legally described on Exhibits "A" which is attached and
29 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
30 Official Zoning Map upon the effective date of this Ordinance.
31
32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
33 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
34 the Official Records of Brevard County, Florida.
35
36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
37 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
38 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
39
40 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
City of Cape Canaveral
Ordinance No. 18-2021
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 17-2021 as adopted by the City Council of the
8 City of Cape Canaveral, Florida. If Ordinance 17-2021 does not become effective, then this
9 Ordinance shall become null and void.
10
11 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of
12 February, 2022.
13
14
15 Wes Morrison, Mayor
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17 ATTEST: For Against
18
19 Kim Davis X
20 Mickie Kellum X
21 Wes Morrison X
22 Angela Raymond Motion
23 Don Willis Second
24
25 (Signature)
26 Mia Goforth, CMC
27 City Clerk
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29 Planning & Zoning Board: December 8, 2021
30 First Reading: January 18, 2022
31 Advertisement: November 4, 2021
32 Second Reading: February 15, 2022
33
34 Approved as to legal form and sufficiency
35 for the Cif Cape Canaveral only by:
36
37 (Signature)
38 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 18-2021
Page 3 of 3
SEAL of Cape Canaveral, Florida
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
CANAVERAL WOODS CONDOMINIUM
24-37-14-00-500.S 8715 CLARA ELIZABETH LN CAPE CANAVERAL FL 32920
24-37-14-00-500.R 8717 CLARA ELIZABETH LN UNIT 401 CAPE CANAVERAL FL 32920
24-37-14-00-500.A.XA 8726 CLARA ELIZABETH LN UNIT POOL CAPE CANAVERAL FL 32920
24-37-14-00-500.Q 8727 CLARA ELIZABETH LN UNIT 308 CAPE CANAVERAL FL 32920
24-37-14-00-500.I 8728 CLARA ELIZABETH LN UNIT 207 CAPE CANAVERAL FL 32920
24-37-14-00-500.P 8729 CLARA ELIZABETH LN UNIT 307 CAPE CANAVERAL FL 32920
24-37-14-00-500.H 8730 CLARA ELIZABETH LN UNIT 206 CAPE CANAVERAL FL 32920
24-37-14-00-500.0 8731 CLARA ELIZABETH LN UNIT 306 CAPE CANAVERAL FL 32920
24-37-14-00-500.G 8732 CLARA ELIZABETH LN UNIT 205 CAPE CANAVERAL FL 32920
24-37-14-00-500.N 8733 CLARA ELIZABETH LN UNIT 305 CAPE CANAVERAL FL 32920
24-37-14-00-500.F 8734 CLARA ELIZABETH LN UNIT 204 CAPE CANAVERAL FL 32920
24-37-14-00-500.M 8735 CLARA ELIZABETH LN UNIT 304 CAPE CANAVERAL FL 32920
24-37-14-00-500.E 8736 CLARA ELIZABETH LN UNIT 203 CAPE CANAVERAL FL 32920
24-37-14-00-500.L 8737 CLARA ELIZABETH LN UNIT 303 CAPE CANAVERAL FL 32920
24-37-14-00-500.D 8738 CLARA ELIZABETH LN UNIT 202 CAPE CANAVERAL FL 32920
24-37-14-00-500.K 8739 CLARA ELIZABETH LN UNIT 302 CAPE CANAVERAL FL 32920
24-37-14-00-500.C 8740 CLARA ELIZABETH LN UNIT 201 CAPE CANAVERAL FL 32920
24-37-14-00-500.J 8741 CLARA ELIZABETH LN UNIT 301 CAPE CANAVERAL FL 32920
24-37-14-00-500.A 8747 CLARA ELIZABETH LN UNIT 101 CAPE CANAVERAL FL 32920
24-37-14-00-500.B 8749 CLARA ELIZABETH LN UNIT 102 CAPE CANAVERAL FL 32920
Exhibit "A"
Ordinance 18-2021
Oak Ln
Ocean Garden Ln
N Atlantic Ave
Legend
ROADWAYS
CANAVERAL WOODS CONDO
CITY OF CAPE CANAVERAL BOUNDARY
Harbor Dr
Clara Elizabeth Ln
Ocean Woods Blvd
Seashell Ln
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