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2 ORDINANCE NO. 09-2024
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 LOTS 1 AND 2 OF
9 JEFFERSON VILLAS PHASE II ACCORDING TO THE PLAT
10 THEREOF RECORDED AT PLAT BOOK 49, PAGE 26 OF THE
11 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND
12 LOCATED AT 108 AND 110 JEFFERSON AVENUE, LOTS 1 AND 2
13 OF JEFFERSON VILLAS ACCORDING TO THE PLAT THEREOF
14 RECORDED AT PLAT BOOK 48, PAGE 7 OF THE PUBLIC
15 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT
16 112 AND 114 JEFFERSON AVENUE, LOTS 5, 6, 7 AND 8 OF SAN
17 TOMAS VILLAS PHASE II ACCORDING TO THE PLAT THEREOF
18 RECORDED AT PLAT BOOK 36, PAGE 9 OF THE PUBLIC
19 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT
20 116, 118, 120 AND 122 JEFFERSON AVENUE, LOTS 12, 13 AND
21 14 OF SAN TOMAS VILLAS PHASE IV ACCORDING TO THE PLAT
22 THEREOF RECORDED AT PLAT BOOK 36, PAGE 80 OF THE
23 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND
24 LOCATED AT 124, 126, AND 128 JEFFERSON AVENUE, LOTS 1
25 AND 2 OF ADAMS VILLAS PHASE II ACCORDING TO THE PLAT
26 THEREOF RECORDED AT PLAT BOOK 48, PAGE 6 OF THE PUBLIC
27 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT
28 107 AND 109 ADAMS AVENUE, LOTS 1 AND 2 OF ADAMS
29 VILLAS REPLAT ACCORDING TO THE PLAT THEREOF RECORDED
30 AT PLAT BOOK 47, PAGE 77 OF THE PUBLIC RECORDS OF
31 BREVARD COUNTY, FLORIDA, AND LOCATED AT
32 111 AND 113 ADAMS AVENUE LOTS 1, 2, 3 AND 4 OF SAN
33 TOMAS VILLAS ACCORDING TO THE PLAT THEREOF RECORDED
34 AT PLAT BOOK 35, PAGE 13 OF THE PUBLIC RECORDS OF
35 BREVARD COUNTY, FLORIDA AND LOCATED AT 115, 117, 119
36 AND 121 ADAMS AVENUE, LOTS 9,10, AND 11 OF SAN TOMAS
37 VILLAS PHASE III ACCORDING TO THE PLAT THEREOF
38 RECORDED AT PLAT BOOK 36, PAGE 55 OF THE PUBLIC
39 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT
City of Cape Canaveral
Ordinance No. 09-2024
Page 1 of 4
40 123, 125 AND 127 ADAMS AVENUE FROM C-1 COMMERCIAL
41 TO R-2 RESIDENTIAL; PROVIDING THE PROPERTY SUBJECT TO
42 THIS ORDINANCE IS MORE PARTICULARLY DEPICTED AND
43 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO;
44 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
45 ORDINANCES AND RESOLUTIONS, SEVERABILITY,
46 INCORPORATION INTO THE COMPREHENSIVE PLAN AND AN
47 EFFECTIVE DATE.
48
49 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
50 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
51 163.3187(1)(c), Florida Statutes; and
52
53 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
54 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
55 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
56 and all interested parties submitting written and oral comments and has recommended adoption
57 to the City Council; and
58
59 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
60 hearing on the proposed amendment set forth hereunder and considered findings and advice of
61 staff, citizens, and all interested parties submitting written and oral comments and supporting
62 data and analysis, and after complete deliberation, hereby approves and adopts the
63 Comprehensive Plan Amendment set forth hereunder; and
64
65 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
66 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
67
68 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
69 ORDAINS, AS FOLLOWS:
70
71 Section 1. Recitals. The foregoing recitals are true and correct and are fully
72 incorporated herein by this reference.
73
74 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
75 to the Local Government Comprehensive Planning and Land Development Regulations Act.
76
77 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
78 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions
City of Cape Canaveral
Ordinance No. 09-2024
Page 2 of 4
79 ofthe City ofCape Canaveral Comprehensive Plan.
80
81 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
82 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
83 the real property legally described and depicted on Exhibit "A" from ''C-1 Commercial'' to "R-2
84 Residential." Exhibit "A''is attached hereto and fully incorporated herein by this reference.
85
06 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
87 inconsistent ordinances and resolutions adopted bythe City Council, or parts of prior ordinances
88 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
89
90 Section 6. Severability If any section, subsection, sentence, clause, phrase, word or
91 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
92 competent jurisdiction, whether for substantive, procedural, orany other reason, such portion
93 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
94 the validity of the remaining portions of this Ordinance.
95
96 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
97 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
98 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
99 number or letter and any heading may be changed or modified as necessary to effectuate the
100 foregoing.
101
102 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
103 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
104 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
105 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
106 Agency or the Administration Commission issues a final order determining the adopted small
107 scale Comprehensive Plan Amendment isincompliance. Nodevelopment orders, development
108 permits, or land use dependent on this Amendment may be issued or commenced before it has
109 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
110 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and
111 become a part of that plan and the Amendments shall have the legal status of the City of [ape
112 Canaveral Comprehensive Plan, osamended.
113
114
115
116
117
City of Cape Canaveral
Ordinance No.09-2024
Page 3 of 4
118 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
119 January, 2024.
120
121
122 Wes Morrison, Mayor
123
124 ATTEST: For Against
125 Kim Davis Second
126 Kay Jackson X
127 Mickie Kellum X
128 Wes Morrison X
129 Don Willis Motion
130
131 Mia Goforth, CMC
132 City Clerk
133
134
135
136
137 1st Advertisement: November 2, 2023
138 1st Reading: December 19, 2023
139 2nd Advertisement: January 4, 2024
140 2nd Reading: January 16, 2024
141
142
143 Approved as to legal form and sufficiency
144 for the City of Cape Canaveral only by:
145
146
147 Anthony A. Garganese, City Attorney
148
149
City of Cape Canaveral
Ordinance No. 09-2024
Page 4 of 4
SEAL OF CAPE CANAVERAL, FLORIDA
Exhibit "A"
Ordinance No. 09-2024
Legend
Subject Parcels
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 09-2024
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107 ADAMS AVE CAPE CANAVERAL FL 32920
109 ADAMS AVE CAPE CANAVERAL FL 32920
111 ADAMS AVE CAPE CANAVERAL FL 32920
113 ADAMS AVE CAPE CANAVERAL FL 32920
115 ADAMS AVE CAPE CANAVERAL FL 32920
117 ADAMS AVE CAPE CANAVERAL FL 32920
119 ADAMS AVE CAPE CANAVERAL FL 32920
121 ADAMS AVE CAPE CANAVERAL FL 32920
123 ADAMS AVE CAPE CANAVERAL FL 32920
125 ADAMS AVE CAPE CANAVERAL FL 32920
127 ADAMS AVE CAPE CANAVERAL FL 32920
108 JEFFERSON AVE CAPE CANAVERAL FL 32920
110 JEFFERSON AVE CAPE CANAVERAL FL 32920
112 JEFFERSON AVE CAPE CANAVERAL FL 32920
114 JEFFERSON AVE CAPE CANAVERAL FL 32920
116 JEFFERSON AVE CAPE CANAVERAL FL 32920
118 JEFFERSON AV CAPE CANAVERAL FL 32920
120 JEFFERSON AVE CAPE CANAVERAL FL 32920
122 JEFFERSON AVE CAPE CANAVERAL FL 32920
124 JEFFERSON AVE CAPE CANAVERAL FL 32920
126 JEFFERSON AVE CAPE CANAVERAL FL 32920
128 JEFFERSON AVE CAPE CANAVERAL FL 32920