HomeMy WebLinkAboutcocc_ordinance_no_09-2022_20220816CFN 2023004710, OR BK 9693 Page 700, Recorded 01/09/2023 at 03:31 PM Rachel M.
Sadoff, Clerk of Courts, Brevard County
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2 ORDINANCE NO. 09-2022
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED
6 REZONING OF MULTIPLE PARCELS OF REAL PROPERTY
7 GENERALLY KNOWN AS BAKERSFIELD SUBDIVISION (FKA AS A
8 PART OF OCEAN GARDENS) LOCATED AT 146 AND 148 OCEAN
9 GARDEN LANE FROM THEIR RESPECTIVE CURRENT CITY C-1
10 LOW DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION
11 TO THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING
12 DISTRICT DESIGNATION; PROVIDING THE PROPERTIES
13 SUBJECT TO THIS ORDINANCE ARE MORE PARTICULARLY
14 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
15 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
16 INCONSISTENT ORDINANCES AND RESOLUTIONS,
17 SEVERABILITY AND AN EFFECTIVE DATE.
18
19
20 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of
21 the State Constitution, to exercise any power for municipal purposes, except when
22 expressly prohibited by law; and
23
24 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive
25 evaluation and update of the City's Official Zoning Map; and
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27 WHEREAS, several parcels of land, including the subject property, are zoned C-1
28 Low Density Commercial but either have inconsistent existing residential uses or the C-1
29 designation is incompatible with the existing residential land use pattern surrounding the
30 subject property; and
31
32 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium
33 Density Residential so that the zoning map designation is consistent with the existing residential
34 land uses and/or compatible with the surrounding residential land use pattern; and
35
36 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by
37 affording lands with existing residential uses a consistent residential zoning designation that will
38 allow such residential uses to continue to exist consistent with the R-2 Medium Density
39 Residential Zoning District regulations; and
City of Cape Canaveral
Ordinance No. 09-2022
Page 1 of 3
OR BK 9693 PG 701
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2 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
3 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
4 and
5
6 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
7 have recommended approval of this Ordinance; and
8
9 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
10 hearing on the proposed zoning change set forth hereunder and considered findings and advice
11 of staff, citizens, and all interested parties submitting written and oral comments and supporting
12 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
13 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
14 and substantial evidence supports the zoning change set forth hereunder; and
15
16 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
17 government purpose and is in the best interests of the public health, safety, and welfare of the
18 citizens of Cape Canaveral, Florida.
19
20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
21 ORDAINS, AS FOLLOWS:
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23 Section 1. Recitals. The foregoing recitals are true and correct and are fully
24 incorporated herein by this reference.
25
26 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City
27 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
28 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
29 for each of the real properties depicted and legally described on Exhibit "A" which is
30 attached and incorporated herein by this reference. City staff is hereby directed to promptly
31 amend the City's Official Zoning Map upon the effective date of this Ordinance.
32
33 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution
34 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance
35 in the Official Records of Brevard County, Florida.
36
37 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All
38 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of
39 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance No. 09-2022
Page 2 of 3
OR BK 9693 PG 702
1
2 Section S. Severability. If any section, subsection, sentence, clause, phrase, word or
3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
6 the validity of the remaining portions of this Ordinance.
7
8 Section 6. Conditional Effective Date. This Ordinance shall become
9 effective immediately upon the effective date of Ordinance 08-2022 as adopted by the City
10 Council of the City of Cape Canaveral, Florida. If Ordinance 08-2022 does not become
11 effective, then this Ordinance shall become null and void.
12
13
14 August, 2022.�
16
,0 etb
17:
18 ATTEST: 19
L Yi
20
21
22 Mia Gofortii;,� NiCf,`
23 City Clerk
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25
26
27
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29 Advertisement: May 19, 2022
30 Planning & Zoning Board: June 22, 2022
31 First Reading: July 19, 2022
32 Second Reading: August 16, 2022
33
34
35 Approved as to legal form and sufficiency
36 for the Ciof Cape Canaveral only by:
37
38
39 Anthony A. Garganese, City Attorney
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
City of Cape Canaveral
Ordinance No. 09-2022
Page 3 of 3
Wes Morrison, Mayor
For
SECS�IP
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MoTION
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
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OR BK 9693 PG 703
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