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2 ORDINANCE NO. 05-2024
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 FOR SEVERAL PARCELS OF
8 PROPERTY LEGALLY DESCRIBED AS THE OAKS CONDOMINIUM
9 PHASES I, II, III AND IV AND LOCATED AT 201 INTERNATIONAL
10 DRIVE FROM C-1 COMMERCIAL TO R-3 RESIDENTIAL;
11 PROVIDING THE PROPERTY SUBJECT TO THIS ORDINANCE IS
12 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
13 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
14 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
15 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
16 PLAN AND AN EFFECTIVE DATE.
17
18 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
19 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
20 163.3187(1)(c), Florida Statutes; and
21
22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
23 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
24 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
25 and all interested parties submitting written and oral comments and has recommended adoption
26 to the City Council; and
27
28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
29 hearing on the proposed amendment set forth hereunder and considered findings and advice of
30 staff, citizens, and all interested parties submitting written and oral comments and supporting
31 data and analysis, and after complete deliberation, hereby approves and adopts the
32 Comprehensive Plan Amendment set forth hereunder; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
35 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
36
37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
38 ORDAINS, AS FOLLOWS:
39
City of Cape Canaveral
Ordinance No. 05-2024
Page 1 of 3
40 Seckiom1' Recitals. The foregoing recitals are true and correct and are fully
41 incorporated herein by this reference.
42
43 Section 2. Authority. This Ordinance isadopted incompliance with, and pursuant
44 to, the Local Government Comprehensive Planning and Land Development Regulations Act.
45
46 Section 3. Purpose and Intent. It is hereby declared to bethe purpose and intent
47 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
48 ofthe City of Cape Canaveral Comprehensive Plan.
49
50 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
51 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
52 the real property legally described and depicted on Exhibit "A"from "C-1 Commercial" to "R-3
53 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
54
55 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
56 inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances
57 and resolutions in conflict herewith, are hereby repealed to the extent ofthe conflict.
58
59 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
60 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
61 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
62 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
63 the validity of the remaining portions of this Ordinance.
64
65 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
66 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
67 incorporated into the City ofCape Canaveral Comprehensive Plan and any section or paragraph
88 number or letter and any heading may be changed or modified as necessary to effectuate the
69 foregoing.
70
71 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
72 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
73 section 163.3187(5)(c). Florida Statutes, unless challenged within thirty (30) days after adoption of
74 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
75 Agency or the Administration Commission issues a final order determining the adopted small
76 scale Comprehensive Plan Amendment is in compliance. Nodevelopment orders, development
77 permits, or land use dependent on this Amendment may be issued or commenced before it has
78 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
City of Cape Canaveral
Ordinance No. 05-2O24
Page 2 of 3
79 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
80 become a part of that plan and the Amendments shall have the legal status of the City of Cape
81 Canaveral Comprehensive Plan, as amended.
82
83 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day
84 of January, 2024.
85
86
87 Wes Morrison, Mayor
88
89 ATTEST:
90 For Against
91 Kim Davis Motion
92 Kay Jackson Second
93 Mickie Kellum X
94 Wes Morrison X
95 Don Willis X
96
97 MIa Goforth, CMC
98 City Clerk
99
100
101
102 1st Advertisement: November 2, 2023
103 1st Reading: December 19, 2023
104 2nd Advertisement: January 4, 2024
105 2nd Reading: January 16, 2024
106
107
108 Approved as to legal form and sufficiency
109 for City of Cape Canaveral only by:
110
111
112 Anthony A. Garganese, City Attorney
113
114
City of Cape Canaveral
Ordinance No. 05-2024
Page 3 of 3
SEAL OF CAPE CANAVERAL, FLORIDA
Exhibit "A"
Ordinance No. 05-2024
Legend
Subject Parcels
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 05-2024
201 INTERNATIONAL DR UNIT COMMON 2 CAPE CANAVERAL FL
24-37-23-00-295.2-.XA 32920
201 INTERNATIONAL DR UNIT COMMON 1 CAPE CANAVERAL FL
32920
24-37-23-00-294-.XA
201 INTERNATIONAL DR UNIT COMMON 3 CAPE CANAVERAL FL
32920
24 37-23 00-303.2 .XA 201 INTERNATIONAL DR UNIT COMMON 4 CAPE CANAVERAL FL
32920
24-37-23-00-304-.XA