HomeMy WebLinkAboutcocc_ordinance_no_10-2022_202208161
2 ORDINANCE NO. 10-2022
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 THE GIZELLA
9 TOWNHOMES LOCATED ON N. ATLANTIC AVENUE, AND MORE
10 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
11 EXHIBIT "A" ATTACHED HERETO, FROM "C-1 COMMERCIAL" TO
12 "R-2 RESIDENTIAL;" PROVIDING FOR THE REPEAL OF PRIOR
13 INCONSISTENT ORDINANCES AND RESOLUTIONS,
14 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
15 PLAN AND AN EFFECTIVE DATE.
16
17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
19 163.3187(1)(c), Florida Statutes; and
20
21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
24 and all interested parties submitting written and oral comments and has recommended adoption
25 to the City Council; and
26
27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
28 hearing on the proposed amendment set forth hereunder and considered findings and advice of
29 staff, citizens, and all interested parties submitting written and oral comments and supporting
30 data and analysis, and after complete deliberation, hereby approves and adopts the
31 Comprehensive Plan Amendment set forth hereunder; and
32
33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
35
36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
37 ORDAINS, AS FOLLOWS:
38
39 Section 1. Recitals. The foregoing recitals are true and correct and are fully
City of Cape Canaveral
Ordinance No. 10-2022
Page 1 of 3
40 incorporated herein by this reference.
41
42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
43 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
44
45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and
46 intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the
47 provisions of the City of Cape Canaveral Comprehensive Plan.
48
49 Section 4. Adoption of Amendment to the Future Land Use Map. The City
50 of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by
51 designating the real property legally described and depicted on Exhibit "A" from "C-1
52 Commercial" to "R-2 Residential." Exhibit "A" is attached hereto and fully incorporated herein
53 by this reference.
54
55 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All
56 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
57 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
58
59 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word
60 or provision of this Ordinance is for any reason held invalid or unconstitutional by any
61 court of competent jurisdiction, whether for substantive, procedural, or any other reason,
62 such portion shall be deemed a separate, distinct and independent provision, and such holding
63 shall not affect the validity of the remaining portions of this Ordinance.
64
65 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of
66 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall
67 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or
68 paragraph number or letter and any heading may be changed or modified as necessary to
69 effectuate the foregoing.
70
71 Section 8. Effective Date and Legal Status of the Plan Amendment. The
72 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in
73 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30)
74 days after adoption of this Ordinance, then this Ordinance shall become effective at such time
75 as the State Land Planning Agency or the Administration Commission issues a final order
76 determining the adopted small scale Comprehensive Plan Amendment is in compliance. No
77 development orders, development permits, or land use dependent on this Amendment may be
78 issued or commenced before it has become effective. After and from the effective date of this
Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of
Cape Canaveral Comprehensive Plan and
City of Cape Canaveral
Ordinance No. 10-2022
Page 2 of 3
79 become a part of that plan and the Amendments shall have the legal status of the City of Cape
80 Canaveral Comprehensive Plan, as amended.
81
82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
83 August, 2022.
84
85
86 i�vd87/14,?
88 Wes Morrison, Mayor
89
90 ATTEST: For Against
91
92�
93
94 Mia Goforth, CM Kim Davis SECOND
95 City Clerk
96 Mickie Kellum
97
98 Wes Morrison
99
100 Angela Raymond
101
102 Don Willis MOTION
103
104 Advertisement: May 19, 2022
105 LPA/Planning & Zoning Board: June 22, 2022
106 First Reading: July 19, 2022
107 Second Reading: August 16, 2022
108
109
110 Approved as to legal form and sufficiency
111 for the, y of Cape Canaveral onl
112
113
114 Anthony A. Garganese, City Attorney
115
116
City of Cape Canaveral
Ordinance No. 10-2022
Page 3 of 3
EXHIBIT "A"
ORDINANCE NO. 10-2022
Oak Manor Dr
OAK MANOR DF.
O�
o` a
pC u
c
Q
z
Legend
ROADWAYS
GIZELLA TOWNHOMES
Or
4-
E Central Blvd
6EN7fiAl. bit/0
W E
Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA