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2 ORDINANCE NO. 08-2022
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 GENERALLY KNOWN AS BAKERSFIELD
9 SUBDIVISION (FKA A PORTION OF OCEAN GARDENS) LOCATED
10 ON 146 AND 148 OCEAN GARDEN LANE, AND MORE
11 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
12 EXHIBIT "A" ATTACHED HERETO, FROM "C-1 COMMERCIAL" TO
13 "R-2 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
19 small scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with
20 section 163.3187(1)(c), Florida Statutes; and
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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
24 the proposed Comprehensive Plan Amendment and considered findings and advice of staff,
25 citizens, and all interested parties submitting written and oral comments and has recommended
26 adoption to the City Council; and
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28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed
29 public hearing on the proposed amendment set forth hereunder and considered findings and
30 advice of staff, citizens, and all interested parties submitting written and oral comments and
31 supporting data and analysis, and after complete deliberation, hereby approves and
32 adopts the Comprehensive Plan Amendment set forth hereunder; and
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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.
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37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
38 HEREBY ORDAINS, AS FOLLOWS:
39
City of Cape Canaveral
Ordinance No. 08-2022
Page 1 of 3
40 Section 1. Recitals. The foregoing recitals are true and correct and are fully
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.
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46 Section 3. Purpose and Intent. It is hereby declared to be the purpose and
47 intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the
48 provisions of the City of Cape Canaveral Comprehensive Plan.
49
50 Section 4. Adoption of Amendment to the Future Land Use Map. The City
51 of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by
52 designating the real property legally described and depicted on Exhibit "A" from "C-1
53 Commercial" to "R-2 Residential." Exhibit "A" is attached hereto and fully incorporated herein
54 by this reference.
55
56 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All
57 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
58 ordinances 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
61 or provision of this Ordinance is for any reason held invalid or unconstitutional by any
62 court of competent jurisdiction, whether for substantive, procedural, or any other reason,
63 such portion shall be deemed a separate, distinct and independent provision, and such holding
64 shall not affect the validity of the remaining portions of this Ordinance.
65
66 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of
67 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall
68 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or
69 paragraph number or letter and any heading may be changed or modified as necessary to
70 effectuate the foregoing.
71
72 Section 8. Effective Date and Legal Status of the Plan Amendment. The
73 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in
74 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30)
75 days after adoption of this Ordinance, then this Ordinance shall become effective at such time
76 as the State Land Planning Agency or the Administration Commission issues a final order
77 determining the adopted small scale Comprehensive Plan Amendment is in compliance. No
78 development orders, development permits, or land use dependent on this Amendment may be
issued or commenced before it has become effective. After and from the effective date of this
Amendment, the Comprehensive Plan
City of Cape Canaveral
Ordinance No. 08-2022
Page 2 of 3
79 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
80 become a part of that plan and the Amendments shall have the legal status of the City of Cape
81 Canaveral Comprehensive Plan, as amended.
82
83
84 August, 2022.
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91 ATTEST: For Against
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
95 Mia Goforth, CMC
96 City Clerk
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105 Advertisement: May 19, 2022
106 LPA/Planning & Zoning Board: June 22, 2022
107 First Reading: July 19, 2022
108 Second Reading: August 16, 2022
109
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111 Approved as to legal form and sufficiency
112 for theiC�ty of Cape Canaveral only by:
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Wes Morrison, Mayor
Anthony A. Garganese, City Attorney
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
City of Cape Canaveral
Ordinance No. 08-2022
Page 3 of 3
Monad
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Anchorage Ave
ANCHORAGE AVE
EXHIBIT "A"
ORDINANCE NO. 08-2022
Legend
ROADWAYS
BAKERSFIELD SUBDIVISION (FKA: OCEAN GARDENS)
Oak Ln
Ocean Garden Ln
OCEAN GARDEN LN
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