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2 ORDINANCE NO. 07-2024
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 CONTIGUOUS
8 PARCELS OF PROPERTY GENERALLY LOCATED BETWEEN
9 WASHINGTON AVENUE AND ADAMS AVENUE AND WEST OF
10 POINSETTA AVENUE WHICH ARE LEGALLY DESCRIBED AS LOTS 1
11 THROUGH 4 OF THE VILLAGIO TOWNHOMES ACCORDING TO
12 THE PLAT THERETO RECORDED AT PLAT BOOK 55, PAGE 92 OF
13 THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA
14 LOCATED AT 103, 105, 107 AND 109 WASHINGTON AVENUE,
15 VACANT TAX PARCELS 24-37-23-CG-1-4 AND 24-37-23-CG-1-5
16 LOCATED ON WASHINGTON AVENUE, TAX PARCEL 24-37-23-
17 CG-1-16 LOCATED AT 128 ADAMS AVENUE, AND LOTS 14A, 14B,
18 14C AND 14D OF THE BREEZEWAY TOWNHOUSES
19 ACCORDING TO THE PLAT THERETO RECORDED AT PLAT BOOK
20 31, PAGE 59 OF THE PUBLIC RECORDS OF BREVARD COUNTY,
21 FLORIDA LOCATED AT 120, 122, 124 AND 126 ADAMS AVENUE
22 FROM C-1 COMMERCIAL TO R-2 RESIDENTIAL; PROVIDING
23 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
24 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
25 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
26 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
27 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
28 PLAN AND AN EFFECTIVE DATE.
29
30 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
31 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
32 163.3187(1)(c), Florida Statutes; and
33
34 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
35 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
36 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
37 and all interested parties submitting written and oral comments and has recommended adoption
38 to the City Council; and
39
City of Cape Canaveral
Ordinance No. 07-2024
Page 1 of 4
40 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
41 hearing onthe proposed amendment set forth hereunder and considered findings and advice of
42 staff, citizens, and all interested parties submitting written and oral comments and supporting
43 data and analysis, and after complete deliberation, hereby approves and adopts the
44 Comprehensive Plan Amendment set forth hereunder; and
45
46 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
47 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
48
49 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
50 ORDAINS, AS FOLLOWS:
51
52 Section 1. Recitals. The foregoing recitals are true and correct and are fully
53 incorporated herein by this reference.
54
55 Section 2. Authority. This Ordinance isadopted incompliance with, and pursuant
56 to the Local Government Comprehensive Planning and Land Development Regulations Act.
57
58 Section 3. Purpose and Intent. |tishereby declared tobethe purpose and intent
59 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
60 of the City of Cape Canaveral Comprehensive Plan.
61
62 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
63 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
64 the real property legally described and depicted on Exhibit "A"from ''C-1 Cornrnercial" to "R-2
65 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
66
67 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
68 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
69 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
70
71 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
72 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
73 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
74 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
75 the validity ofthe remaining portions of this Ordinance.
78
77 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
78 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
City of Cape Canaveral
Ordinance No. 07-2024
Page 2 of 4
79 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
80 number or letter and any heading may be changed or modified as necessary to effectuate the
81 foregoing.
82
83 Section 8. Effective Date and Legal Status ofthe Plan Amendment. The effective
84 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
85 section 163.3187(5)(c). Florida Statutes, unless challenged within thirty (30) days after adoption of
86 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
87 Agency or the Administration Commission issues a final order determining the adopted small
88 scale Comprehensive Plan Amendment isincompliance. No development orders, development
89 permits, Or land use dependent on this Amendment may be issued or commenced before it has
90 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
91 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
92 become a part of that plan and the Amendments shall have the legal status of the City of Cape
93 Canaveral Comprehensive Plan, as amended.
94
95 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
96 January, 2024.
97
98
99 Wes Morrison, Mayor
100
101 ATTEST: For Against
102 Kim Davis X
103 Kay Jackson X
104 Mickie Kellum Motion
105 Wes Morrison X
106 Don Willis Second
107
108
109
110
111
112
113
114 1st Advertisement: November 2, 2023
115 1st Reading: December 19, 2023
116 2nd Advertisement: January 4, 2024
117 2nd Reading: January 15, 2024
City of Cape Canaveral
Ordinance No. 07-2024
Page 3 of 4
118
119
120 Approved as to legal form and sufficiency
121 for the City of Cape Canaveral only by:
122
123
124 Anthony A. Garganese, City Attorney
125
120
City of Cape Canaveral
Ordinance No. O7-2024
Page 4 of 4
Exhibit "A"
Ordinance No. 07-2024
Legend
Subject Parcels
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord, 07-2024
24-37-23-47-*-1
24-37-23-47-*-2
24-37-23-47-*-3
24-37-23-47-*-4
103 WASHINGTON AVE CAPE CANAVERAL FL 32920
105 WASHINGTON AVE CAPE CANAVERAL FL 32920
107 WASHINGTON AVE CAPE CANAVERAL FL 32920
109 WASHINGTON AVE CAPE CANAVERAL FL 32920
24-37-23-CG-1-4 None (Vacant)
24-37-23-CG-1-5 None (Vacant)
24-37-23-03-*-14A
24-37-23-03-*-14B
24-37-23-03-*-14C
24-37-23-03-*-14D
24-37-23-CG-1-16
120 ADAMS AVE CAPE CANAVERAL FL 32920
122 ADAMS AVE CAPE CANAVERAL FL 32920
124 ADAMS AVE CAPE CANAVERAL FL 32920
126 ADAMS AVE CAPE CANAVERAL FL 32920
128 ADAMS AVE UNITS A AND B CAPE CANAVERAL FL 32920