HomeMy WebLinkAboutcocc_ordinance_no_11-2022_20220816CFN 2023004712, OR BK 9693 Page 708, Recorded 01/09/2023 at 03:31 PM Rachel M.
Sadoff, Clerk of Courts, Brevard County
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1
2 ORDINANCE NO. 11-2022
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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 MULTIPLE PARCELS OF REAL PROPERTY
7 GENERALLY KNOWN AS THE GIZELLA TOWNHOMES LOCATED
8 ON N. ATLANTIC AVENUE FROM THEIR RESPECTIVE CURRENT
9 CITY C-1 LOW DENSITY COMMERCIAL ZONING DISTRICT
10 DESIGNATION TO THE CITY R-2 MEDIUM DENSITY
11 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
12 THE PROPERTIES SUBJECT TO THIS ORDINANCE ARE MORE
13 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
14 EXHIBIT"A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
15 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
16 SEVERABILITY AND AN EFFECTIVE DATE.
17
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19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of
20 the State Constitution, to exercise any power for municipal purposes, except when
21 expressly prohibited by law; and
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23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive
24 evaluation and update of the City's Official Zoning Map; and
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26 WHEREAS, several parcels of land, including the subject property, are zoned C-1
27 Low Density Commercial but either have inconsistent existing residential uses or the C-1
28 designation is incompatible with the existing residential land use pattern surrounding the
29 subject property; and
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31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium
32 Density Residential so that the zoning map designation is consistent with the existing residential
33 land uses and/or compatible with the surrounding residential land use pattern; and
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35 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by
36 affording lands with existing residential uses a consistent residential zoning designation that will
37 allow such residential uses to continue to exist consistent with the R-2 Medium Density
38 Residential Zoning District regulations; and
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City of Cape Canaveral
Ordinance No. 11-2022
Page 1 of 3
OR BK 9693 PG 709
1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
3 and
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5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
6 have recommended approval of this Ordinance; and
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8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
9 hearing'on the proposed zoning change set forth hereunder and considered findings and advice
10 of staff, citizens, and all interested parties submitting written and oral comments and supporting
11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
13 and substantial evidence supports the zoning change set forth hereunder; and
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15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
16 government purpose and is in the best interests of the public health, safety, and welfare of the
17 citizens of Cape Canaveral, Florida.
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19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
20 ORDAINS, AS FOLLOWS:
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22 Section 1. Recitals. The foregoing recitals are true and correct and are fully
23 incorporated herein by this reference.
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25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City
26 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
27 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
28 for each of the real properties depicted and legally described on Exhibit "A"_ which is
29 attached and incorporated herein by this reference. City staff is hereby directed to promptly
30 amend the City's Official Zoning Map upon the effective date of this Ordinance. _
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32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution
33 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance
34 in the Official Records of Brevard County, Florida.
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36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All
37 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of
38 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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City of Cape Canaveral
Ordinance No. 11-2022
Page 2 of 3
OR BK 9693 PG 710
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
5 the validity of the remaining portions of this Ordinance.
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7 Section 6. Conditional Effective Date. This Ordinance shall become
8 effective immediately upon the effective date of Ordinance 10-2022 as adopted by the City
9 Council of the City of Cape Canaveral, Florida. If Ordinance 10-2022 does not become
10 effective, then this Ordinance shall become null and void.
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12
13 August, 2022.
15 —_.- 11_ _k
16 ,
17 ATTEST: ` - •For Against
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
^r \per �9r '', =�
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19 r� -2 .—Y,_
Y_,+ r _ Kim Davis
21 Mia Goforth, CMC'p'3a—°0." -. Mickie Kellum _X___
22 City Clerk ''%-00-ViE--A„t,
Wes Morrison .__.Y___
Angela Raymond MrirloN
Don Willis SECONP
Wes Morrison, Mayor
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28 Advertisement: May 19, 2022
29 Planning & Zoning Board: June 22, 2022
30 First Reading: July 19, 2022
31 Second Reading: August 16, 2022
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33
34 Approved as to legal form and
sufficiency 35 for e City of Cape Canaveral
only by: 36
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38 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 11-2022
Page 3 of 3
OR BK 9693 PG 711
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