HomeMy WebLinkAboutcocc_ordinance_no_15-2022_20220816CFN 2023004716, OR BK 9693 Page 724, Recorded 01/09/2023 at 03:31 PM Rachel M.
Sadoff, Clerk of Courts, Brevard County
1
2 ORDINANCE NO. 15-2022
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 LOCATED ON 8801, 8803, AND 8805 SEA SHELL LANE AND
8 8802 AND 8804 N. ATLANTIC AVENUE FROM THEIR
9 RESPECTIVE CURRENT CITY C-1 LOW DENSITY COMMERCIAL
10 ZONING DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM
11 DENSITY RESIDENTIAL ZONING DISTRICT DESIGNATION;
12 PROVIDING THE PROPERTIES SUBJECT TO THIS ORDINANCE
13 ARE MORE PARTICULARLY DEPICTED AND LEGALLY
14 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING
15 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
16 RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
17
18
19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article Vill, of
20 the State Constitution, to exercise any power for municipal purposes, except when
21 expressly prohibited by law; and
22
23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive
24 evaluation and update of the City's Official Zoning Map; and
25
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
30
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
34
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
39
City of Cape Canaveral
Ordinance No. 15-2022
Page 1 of 3
OR BK 9693 PG 725
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
4
5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
6 have recommended approval of this Ordinance; and
7
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
14
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.
18
19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
20 ORDAINS, AS FOLLOWS:
21
22 Section 1. Recitals. The foregoing recitals are true and correct and are fully
23 incorporated herein by this reference.
24
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.
31
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.
35
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.
39
City of Cape Canaveral
Ordinance No. 15-2022
Page 2 of 3
OR BK 9693 PG 726
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.
6
7 Section 6. Conditional Effective Date. This Ordinance shall become
8 effective immediately upon the effective date of Ordinance 14-2022 as adopted by the City
9 Council of the City of Cape Canaveral, Florida. If Ordinance 14-2022 does not become
10 effective, then this Ordinance shall become null and void.
11
12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
13 August, 2022.
14
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15
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17 ATTEST: F - 7t 4 I, =,!;:,7
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20
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21 Mia Goforth,,CM
City -;'.
22 Ci Clerk �bt� ter•. .�
23
24
25
26
27
28 Advertisement: May 19, 2022
29 Planning & Zoning Board: June 22, 2022
30 First Reading: July 19, 2022
31 Second Reading: August 16, 2022
32
33
34 Approved as to legal form and
sufficiency 35 foj. the City of Cape Canaveral
only by: 36
37
38 AnthonyA. Garganese, CityAttorney
Wes Morrison, Mayor
For
Kim Davis
Mickie Kellum _ C�
Wes Morrison
Angela Raymond SicoMP
Don Willis "PON
City of Cape Canaveral
Ordinance No. 15-2022
Page 3 of 3
Against
OR BK 9693 PG 727
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