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2 ORDINANCE NO. 23-2021
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE
6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE
7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL
8 PROPERTY LOCATED ALONG THE NORTH AND SOUTH SIDE OF
9 OAK LANE, AND MORE PARTICULARLY DEPICTED AND
10 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
11 FROM "C-1 COMMERCIAL" TO "R-2 RESIDENTIAL;" PROVIDING
12 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
13 RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE
14 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
15
16 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
17 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
18 163.3187(1)(c), Florida Statutes; and
19
20 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
21 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
22 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
23 and all interested parties submitting written and oral comments and has recommended adoption
24 to the City Council; and
25
26 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
27 hearing on the proposed amendment set forth hereunder and considered findings and advice of
28 staff, citizens, and all interested parties submitting written and oral comments and supporting
29 data and analysis, and after complete deliberation, hereby approves and adopts the
30 Comprehensive Plan Amendment set forth hereunder; and
31
32 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
33 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
34
35 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
36 ORDAINS, AS FOLLOWS:
37
38 Section 1. Recitals. The foregoing recitals are true and correct and are fully
39 incorporated herein by this reference.
40
City of Cape Canaveral
Ordinance No. 23-2021
Page 1 of 3
41 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
42 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
43
44 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
45 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
46 of the City of Cape Canaveral Comprehensive Plan.
47
48 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
49 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
50 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
51 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
52
53 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
54 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
55 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
56
57 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
58 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
59 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
60 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
61 the validity of the remaining portions of this Ordinance.
62
63 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
64 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
65 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
66 number or letter and any heading may be changed or modified as necessary to effectuate the
67 foregoing.
68
69 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
70 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
71 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
72 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
73 Agency or the Administration Commission issues a final order determining the adopted small
74 scale Comprehensive Plan Amendment is in compliance. No development orders, development
75 permits, or land use dependent on this Amendment may be issued or commenced before it has
76 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
77 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
78 become a part of that plan and the Amendments shall have the legal status of the City of Cape
79 Canaveral Comprehensive Plan, as amended.
City of Cape Canaveral
Ordinance No. 23-2021
Page 2 of 3
80
81 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 1
82 February, 2022.
83
84
85
86 (Signature)
87 Wes Morrison, Mayor
88:
89 ATTEST: For Against
90
91 Kim Davis Second
92 Mickie Kellum X
93 Wes Morrison X
94 Angela Raymond Motion
95 Don Willis X
96
97 (Signature)
98 Mia Goforth, CMC
99 City Clerk
100
101
102 LPA/Planning & Zoning Board: December 8, 2021
103 First Reading: January 18, 2022
104 Advertisement: November 4, 2021
105 Second Reading: February 15, 2022
106
107
108 Approved as to legal form and sufficiency.
109 for the City of Cape Canaveral only by:
110
111
112 (Signature)
113 Anthony A. Garganese, City Attorney
114
City of Cape Canaveral
Ordinance No. 23-2021
Page 3 of 3
SEAL of Cape Canaveral, Florida
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
OAK LANE
24-37-14-28-*-A.09 108 OAK LN CAPE CANAVERAL FL 32920
24-37-14-28-*-A.03 122 OAK LN CAPE CANAVERAL FL 32920
24-37-14-28-*-A.17 123 OAK LN CAPE CANAVERAL FL 32920
24-37-14-28-*-A.25 127 OAK LN CAPE CANAVERAL FL 32920
24-37-14-28-*-A.26 131 OAK LN CAPE CANAVERAL FL 32920
24-37-14-28-*-A.27 135 OAK LN CAPE CANAVERAL FL 32920
24-37-14-28-*-A.10 139 OAK LN CAPE CANAVERAL FL 32920
24-37-14-28-*-A.05 UNKNOWN FL
Exhibit "A"
Ordinance 23-2021
Southgate Mobile Homes
ANCHORAGE AVE
Anchorage Ave
ANCHORAGE AVE ANCHORAGE AVE
Legend
ROADWAYS
OAK LN (v03)
Oak Ln
Ocean Garden Ln
Oak Manor Dr
N. Atlantic Ave
Harbor Dr
Clara Elizabeth Ln
Ocean Woods Blvd
Brevard County Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA
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