HomeMy WebLinkAboutcocc_ordinance_no_01-2024_202401161
2 ORDINANCE NO. 01-2024
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 SEVERAL PARCELS OF
8 PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 8,
9 OCEAN COURT, ACCORDING TO THE PLAT THEREOF, AS
10 RECORDED IN PLAT BOOK 40, PAGE 17, OF THE PUBLIC
11 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT
12 8657, 8659, 8661, 8663, 8665, 8667, 8669, AND 8671 MAPLE
13 COURT FROM "C-1 COMMERCIAL" TO "R-2 RESIDENTIAL;"
14 PROVIDING THE PROPERTY SUBJECT TO THIS ORDINANCE IS
15 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
16 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
17 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
18 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
19 PLAN AND AN EFFECTIVE DATE.
20
21 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
22 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
23 163.3187(1)(c), Florida Statutes; and
24
25 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
26 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
27 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
28 and all interested parties submitting written and oral comments and has recommended adoption
29 to the City Council; and
30
31 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
32 hearing on the proposed amendment set forth hereunder and considered findings and advice of
33 staff, citizens, and all interested parties submitting written and oral comments and supporting
34 data and analysis, and after complete deliberation, hereby approves and adopts the
35 Comprehensive Plan Amendment set forth hereunder; and
36
37 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
38 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
39
City of Cape Canaveral
Ordinance No. 01-2024
Page 1 of 3
40 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANANfERAL HEREBY
41 ORDAINS, AS FOLLOWS:
42
43 Section 1. Recitals. The foregoing recitals are true and correct and are fully
44 incorporated herein by this reference.
45
46 Section 2. Authority. This Ordinance is adopted in compliance vvith, and pursuant
47 to. the Local Government Comprehensive Planning and Land Development Regulations Act.
48
49 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
5O of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
Sl of the City ofCape Canaveral Comprehensive Plan.
52
53 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
54 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
55 the real property legally described and depicted on Exhibit "A"from ^C-1 Commercial" to 'R-2
56 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
57
58 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
59 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
60 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
61
62 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
63 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
64 competent jurisdiction, whether for substantive' procedural, orany other reason, such portion
65 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
66 the validity of the remaining portions of this Ordinance.
67
68 Section 7. Incorporation into Comprehensive Plan. Upon the effective date ofthe
69 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
70 incorporated into the City ofCape Canaveral Comprehensive Plan and any section or paragraph
71 number or letter and any heading may be changed or modified as necessary to effectuate the
72 foregoing.
73
74 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
75 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
76 section 163.3187(5)(d, Florida Statutes, unless challenged within thirty (30) days after adoption of
77 this Ordinance, then this Ordinance shall become effective atsuch time asthe State Land Planning
78 Agency or the Administration Commission issues a final Order determining the adopted small
City of Cape Canaveral
Ordinance No. 01-2024
Page 2 of 3
79 scale Comprehensive Plan Amendment is in compliance. No development orders, development
80 permits, or land use dependent on this Amendment may be issued or commenced before it has
81 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
82 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
83 become a part of that plan and the Amendments shall have the legal status of the City of Cape
84 Canaveral Comprehensive Plan, as amended.
85
86 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
87 January, 2024.
88
89 Wes Morrison, Mayor
90
91
92 ATTEST : For Against
93
94 Kim Davis Motion
95 Kay Jackson X
96 Mickie Kellum X
97 Wes Morrison X
98 Don Willis Second
99
100 Mia Goforth, CMC
101 City Clerk
102
103
104
105 1st Advertisement: November 2, 2023
106 1st Reading: December 19, 2023
107 2nd Advertisement: January 4, 2024
108 2nd Reading: January 16, 2024
109
110
111 Approved as to legal form and sufficiency
112 for the City of Cape Canaveral only by:
113
114
115 Anthony A. Garganese, City Attorney
116
City of Cape Canaveral
Ordinance No. 01-2024
Page 3 of 3
SEAL OF CAPE CANAVERAL, FLORIDA
Exhibit "A"
Ordinance No. 01-2024
Legend
Subject Parcels
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 01-2024
24-37-14-72-*-1
24-37-14-72-*-2
24-37-14-72-*-3
24-37-14-72-*-4
24-37-14-72-*-5
24-37-14-72-*-6
24-37-14-72-*-7
24-37-14-72-*-8
8671 MAPLE CT CAPE CANAVERAL FL 32920
8669 MAPLE CT CAPE CANAVERAL FL 32920
8667 MAPLE CT CAPE CANAVERAL FL 32920
8665 MAPLE CT CAPE CANAVERAL FL 32920
8663 MAPLE CT CAPE CANAVERAL FL 32920
8661 MAPLE CT CAPE CANAVERAL FL 32920
8659 MAPLE CT CAPE CANAVERAL FL 32920
8657 MAPLE CT CAPE CANAVERAL FL 32920