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2 ORDINANCE NO. 42-2021
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 A PARCEL OF REAL
8 PROPERTY APPROXIMATELY 0.30 ACRES MORE OR LESS WITH
9 A PARCEL ID OF 24-37-14-28-*-A AND AN ADDRESS OF 8810
10 N. ATLANTIC AVENUE, AND MORE PARTICULARLY DEPICTED
11 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
12 FROM "C-1 COMMERCIAL" TO "R-2 MEDIUM -DENSITY
13 RESIDENTIAL;" PROVIDING FOR THE REPEAL OF PRIOR
14 INCONSISTENT ORDINANCES AND RESOLUTIONS,
15 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
16 PLAN AND AN EFFECTIVE DATE.
17
18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
20 163.3187(1)(c), Florida Statutes; and
21
22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
23 public hearing in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
24 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
25 and all interested parties submitting written and oral comments and has recommended adoption
26 to the City Council; and
27
28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
29 hearing on the proposed amendment set forth hereunder and considered findings and advice of
30 staff, citizens, and all interested parties submitting written and oral comments and supporting
31 data and analysis, and after complete deliberation, hereby approves and adopts the
32 Comprehensive Plan Amendment set forth hereunder; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
35 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
36
37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
38 ORDAINS, AS FOLLOWS:
39
40 Section 1. Recitals. The foregoing recitals are true and correct and are fully
City of Cape Canaveral
Ordinance No. 42-2021
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41 incorporated herein by this reference.
42
43 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
44 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
45
46 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
47 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
48 of the City of Cape Canaveral Comprehensive Plan.
49
50 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
51 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
52 the real property legally described and depicted on Exhibit "A" from " C-1 Commercial" to "R-2
53 Medium Density Residential." Exhibit "A" is attached hereto and fully incorporated herein by this
54 reference.
55
56 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
57 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
58 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
59
60 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
61 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
62 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
63 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
64 the validity of the remaining portions of this Ordinance.
65
66 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
67 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
68 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
69 number or letter and any heading may be changed or modified as necessary to effectuate the
70 foregoing.
71
72 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
73 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
74 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
75 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
76 Agency or the Administration Commission issues a final order determining the adopted small
77 scale Comprehensive Plan Amendment is in compliance. No development orders, development
78 permits, or land use dependent on this Amendment may be issued or commenced before it has
79 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
80 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
City of Cape Canaveral
Ordinance No. 42-2021
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81 become a part of that plan and the Amendments shall have the legal status of the City of Cape
82 Canaveral Comprehensive Plan, as amended.
83
84 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of
85 February, 2022.
86
87
88
89 (Signature)
90 Wes Morrison, Mayor
91
92 ATTEST: For Against
93
94 Kim Davis X
95 Mickie Kellum X
96 Wes Morrison X
97 Angela Raymond Motion
98 Don Willis Second
99
100 (Signature)
101 Mia Goforth, CMC
102 City Clerk
103
104 Planning & Zoning Board: December 8,
105 2021 First Reading: January 18, 2022
106 Advertisement: November 4, 2021
107 Second Reading: February 15, 2022
108
109
110
111 Approved as to legal form and sufficiency
112 for the City of Cape Canaveral only by:
113
114 (Signature)
115 Anthony A. Garganese, City Attorney
116
City of Cape Canaveral
Ordinance No. 42-2021
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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 42-2021
Southgate Mobile Homes
Anchorage Ave
N Atlantic Ave
Beach Park Ln
Seashell Ln
Harbor Dr
Legend
ROADWAYS
BINDER (8810 N ATLANTIC)
Brevard County, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA