HomeMy WebLinkAboutcocc_ordinance_no_24-2021_20220215CFN 2022067871, OR BK 9448 PAGE 1177,
Recorded 03/18/2022 at 09:25 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs:5
1
2 ORDINANCE NO. 24-2021
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 LOCATED
7 ALONG THE NORTH AND SOUTH SIDE OF OAK LANE FROM
8 THEIR RESPECTIVE CURRENT CITY C-1 LOW DENSITY
9 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE CITY
10 R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT
11 DESIGNATION; PROVIDING THE PROPERTIES SUBJECT TO
12 THIS ORDINANCE ARE MORE PARTICULARLY DEPICTED AND
13 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO;
14 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
15 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN
16 EFFECTIVE DATE.
17
18
19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
20 State Constitution, to exercise any power for municipal purposes, except when expressly
21 prohibited by law; and
22
23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation
24 and update of the City's Official Zoning Map; and
25
26 WHEREAS, several parcels of land, including the subject property, are zoned C-1 Low
27 Density Commercial but either have inconsistent existing residential uses or the C-1 designation
28 is incompatible with the existing residential land use pattern surrounding the subject property;
29 and
30
31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density
32 Residential so that the zoning map designation is consistent with the existing residential land uses
33 and/or compatible with the surrounding residential land use pattern; and
34
35 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by
36 affording lands with existing residential uses a consistent residential zoning designation that will
37 allow such residential uses to continue to exist consistent with the R-2 Medium Density Residential
38 Zoning District regulations; and
39
City of Cape Canaveral
Ordinance No. 24-2021
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.
18
19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
20 ORDAINS, AS FOLLOWS:
21
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 Exhibit "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
City of Cape Canaveral
Ordinance No. 24-2021
Page 2 of 3
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 23-2021 as adopted by the City Council of the
9 City of Cape Canaveral, Florida. If Ordinance 23-2021 does not become effective, then this
10 . Ordinance shall become null and void.
11
12. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of
13 .February., 2022.
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15 (Signature)
16 Wes Morrison
17
18 ATTEST: For Against
19 Kim Davis X
20 Mickie Kellum Second
21 Wes Morrison X
22 Angela Raymond Motion
23. Don Willis X
24
25 (Signature)
26 Mia Goforth, CMC
27 City Clerk
28.
29 Planning & Zoning Board:
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 City of Cape Canaveral only by:.
36
37
38 (Signature)
39 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 24-2021
Page 3 of 3
SEAL of Cape Canaveral, Florida
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
OAK LANE
24-37-14-28-*-A.09
24-37-14-28-*-A.03
24-37-14-28-*-A.17
24-37-14-28-*-A.25
24-37-14-28-*-A.26
24-37-14-28-*-A.27
24-37-14-28-*-A.10
24-37-14-28-*-A.05
108 OAK LN CAPE CANAVERAL FL 32920
122 OAK LN CAPE CANAVERAL FL 32920
123 OAK LN CAPE CANAVERAL FL 32920
127 OAK LN CAPE CANAVERAL FL 32920
131 OAK LN CAPE CANAVERAL FL 32920
135 OAK LN CAPE CANAVERAL FL 32920
139 OAK LN CAPE CANAVERAL FL 32920
UNKNOWN FL
Exhibit "A"
Ordinance 24-2021
Southgate Mobile Homes
ANCHORAGE AVE
Anchorage Ave
ANCHORAGE AVE ANCHORAGE AVE
Legend
ROADWAYS
OAK LN (v03)
Ocean Garden Ln
Oak Manor Dr
N. Atlantic AVe
Harbor Dr
Clara Elizabeth Ln
Ocean Woods Blvd
W
N
E
S
Brevard County Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA