HomeMy WebLinkAboutcocc_ordinance_no_41-2021_20220215CFN 2022067872, OR BK 9448 PAGE 1182,
(Recorded 03/18/2022 at 09:25 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs:5
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2 ORDINANCE NO. 41-2021
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4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF A PARCEL OF REAL PROPERTY APPROXIMATELY
7 0.30 ACRES MORE OR LESS WITH A PARCEL ID OF 24-37-14-28-
8 *-A AND AN ADDRESS OF 8810 N. ATLANTIC AVENUE, AND
9 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
10 EXHIBIT "A" ATTACHED HERETO FROM CITY C-1 LOW DENSITY
11 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE CITY
12 R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT
13 DESIGNATION; PROVIDING THE PROPERTIES SUBJECT TO
14 THIS ORDINANCE ARE MORE PARTICULARLY DEPICTED AND
15 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO;
16 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
17 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN
18 EFFECTIVE DATE.
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21 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
22 State Constitution, to exercise any power for municipal purposes, except when expressly
23 prohibited by law; and
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25 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive evaluation
26 and update of the City's Official Zoning Map; and
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28 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium Density
29 Residential so that the zoning map designation is compatible with the surrounding residential
30 land use pattern; and
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32 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
33 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
34 and
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36 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
37 have recommended approval of this Ordinance; and
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39 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
City of Cape Canaveral
Ordinance No. 41-2021
Page 1 of 3
1 hearing on the proposed zoning change set forth hereunder and considered findings and advice
2 of staff, citizens, and all interested parties submitting written and oral comments and supporting
3 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
4 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
5 and substantial evidence supports the zoning change set forth hereunder; and
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7 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
8 government purpose and is in the best interests of the public health, safety, and welfare of the
9 citizens of Cape Canaveral, Florida.
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11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
12 ORDAINS, AS FOLLOWS:
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14 Section 1. Recitals. The foregoing recitals are true and correct and are fully
15 incorporated herein by this reference.
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17 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
18 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
19 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for the real
20 property depicted and legally described on Exhibits "A" which is attached and incorporated
21 herein by this reference. City staff is hereby directed to promptly amend the City's Official
22 Zoning Map upon the effective date of this Ordinance.
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24 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
25 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
26 the Official Records of Brevard County, Florida.
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28 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
29 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
30 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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32 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
33 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
34 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
35 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
36 the validity of the remaining portions of this Ordinance.
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38 Section 6. Conditional Effective Date. This Ordinance shall become effective
39 immediately upon the effective date of Ordinance 42-2021 as adopted by the City Council of the
City of Cape Canaveral
Ordinance No. 41-2021
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1 City of Cape Canaveral, Florida. If Ordinance 42-2021 does not become effective, then this
2 Ordinance shall become null and void.
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4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th of
5 February, 2022.
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8 Wes Morrison, Mayor
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10 ATTEST:
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13 (Signature)
14 Mia Goforth, CMC
15 City Clerk
16 For Against
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18 Kim Davis Motion
19 Mickie Kellum X
20 Wes Morrison X
21 Angela Raymond X
22 Don Willis Second
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24 Planning & Zoning Board: December 8, 2021
25 First Reading: January 18, 2022
26 Advertisement: November 4, 2021
27 Second Reading: February 15, 2022
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29 Approved as to legal form and sufficiency
30 for the City of Cape Canaveral only by:
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32 (Signature)
33 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 41-2021
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SEAL of Cape Canaveral, Florida
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
Binder Property
Parcel ID: 24-37-14-28-*-A 8810 N. Atlantic Avenue
Exhibit "A"
Ordinance 41-2021
Southgate Mobile Homes
Anchorage Ave
ANCHORAGE AVE
Legend
ROADWAYS
BINDER (8810 N ATLANTIC)
Beach Park Ln
Seashell Ln
Harbor Dr
Brevard County, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA