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Home My WebLink Aboutcocc_ordinance_no_03-2024_202401161 2 ORDINANCE NO. 03-2024 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 14, PARK 9 VILLAS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 10 PLAT BOOK 38, PAGE 74, OF THE PUBLIC RECORDS OF 11 BREVARD COUNTY, FLORIDA AND LOCATED AT 108, 110, 112, 12 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, AND 134 13 WASHINGTON AVENUE, AND LOTS 15 AND 15.01 PARK VILLAS 14 PHASE TWO, ACCORDING TO THE PLAT THEREOF, AS 15 RECORDED IN PLAT BOOK 41, PAGE 6, OF THE PUBLIC 16 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT 17 104 AND 106 WASHINGTON AVENUE, FROM C-1 18 COMMERCIAL TO R-2 RESIDENTIAL; PROVIDING THE 19 PROPERTY SUBJECT TO THIS ORDINANCE IS MORE 20 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 21 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL 22 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 23 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 24 PLAN AND AN EFFECTIVE DATE. 25 26 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 27 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 28 163.3187(1)(c), Florida Statutes; and 29 30 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 31 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 32 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 33 and all interested parties submitting written and oral comments and has recommended adoption 34 to the City Council; and 35 36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 37 hearing on the proposed amendment set forth hereunder and considered findings and advice of 38 staff, citizens, and all interested parties submitting written and oral comments and supporting 39 data and analysis, and after complete deliberation, hereby approves and adopts the City of Cape Canaveral Ordinance No. 03-2024 Page 1 of 3 40 Comprehensive Plan Amendment set forth hereunder; and 41 42 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 43 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 44 45 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERALHEREBY 46 ORDAINS, AS FOLLOWS: 47 48 Section 1. Recitals. The foregoing recitals are true and correct and are fully 49 incorporated herein by this reference. 50 51 Section 2. Authority. This Ordinance is adopted in compliance vvith, and pursuant 52 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 53 54 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 55 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 56 of the City ofCape Canaveral Comprehensive Plan. 57 58 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 59 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 60 the real property legally described and depicted on Exhibit "A" from ''C-1 Commercial" to ''R-2 61 Residential." Exhibit ''A" is attached hereto and fully incorporated herein by this reference. 82 63 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 64 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior Ordinances 65 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 56 67 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 68 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 69 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 70 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 71 the validity of the remaining portions of this Ordinance. 72 73 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 74 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 75 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 76 number or letter and any heading may be changed or modified as necessary to effectuate the 77 foregoing. 78 City of Cape Canaveral Ordinance No. O3-2024 Page 2 of 3 79 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 80 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 81 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 82 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning 83 Agency or the Administration Commission issues a final order determining the adopted small 84 scale Comprehensive Plan Amendment isincompliance. No development orders, development 85 permits, or land use dependent on this Amendment may be issued or commenced before it has 86 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 87 Amendment set forth herein shall amend the City ofCape Canaveral Comprehensive Plan and 88 become a part of that plan and the Amendments shall have the legal status of the City of Cape 89 Canaveral Comprehensive Plan, asamended. 90 91 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day 92 of January, 2024. 93 94 95 Wes Morrison, Mayor 96 97 ATTEST: 98 For Against 99 Kim Davis Second 100 Kay Jackson X 101 Mickie Kellum X 102 Wes Morrison X 103 Don Willis Motion 104 105 Mia Goforth, CMC 106 City Clerk 107 108 1st Advertisement: November 2, 2023 109 1st Reading: Decernber 19, 2023 110 2nd Advertisement: January 4, 2024 111 2nd Reading: January 16, 2024 112 113 Approved as to legal form and sufficiency 114 for the City of Cape Canaveral only by: 115 116 117 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 03-2024 Page 3 of 3 SEAL OF CAPE CANAVERAL, FLORIDA Exhibit "A" Ordinance No. 03-2024 Legend Subject Parcels Exhibit "A" LEGAL DESCRIPTION AND MAP Ord. 03-2024 24-37-14-QG-*-15.01 24-37-14-0G-*-15 24-37-14-PK-*-14 24-37-14-PK-*-13 24-37-14-PK-*-12 24-37-14-PK-*-11 24-37-14-PK-*-10 24-37-14-PK-*-9 24-37-14-PK-*-8 24-37-14-PK-*-7 24-37-14-PK-*-6 24-37-14-PK-*-5 24-37-14-PK-*-4 24-37-14-PK-*-3 24-37-14-PK-*-2 24-37-14-PK-*-1 104 WASHINGTON AVE CAPE CANAVERAL FL 32920 106 WASHINGTON AVE CAPE CANAVERAL FL 32920 108 WASHINGTON AVE CAPE CANAVERAL FL 32920 110 WASHINGTON AVE CAPE CANAVERAL FL 32920 112 WASHINGTON AVE CAPE CANAVERAL FL 32920 114 WASHINGTON AVE CAPE CANAVERAL FL 32920 116 WASHINGTON AVE CAPE CANAVERAL FL 32920 118 WASHINGTON AVE CAPE CANAVERAL FL 32920 120 WASHINGTON AVE CAPE CANAVERAL FL 32920 122 WASHINGTON AVE CAPE CANAVERAL FL 32920 124 WASHINGTON AVE CAPE CANAVERAL FL 32920 126 WASHINGTON AVE CAPE CANAVERAL FL 32920 128 WASHINGTON AVE CAPE CANAVERAL FL 32920 130 WASHINGTON AVE CAPE CANAVERAL FL 32920 132 WASHINGTON AVE CAPE CANAVERAL FL 32920 134 WASHINGTON AVE CAPE CANAVERAL FL 32920