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2 ORDINANCE NO. 11-2024
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 PROPERTY LEGALLY
8 DESCRIBED AS THE CANAVERAL BREAKERS ANNEX
9 APARTMENTS, A CONDOMINIUM INCLUSIVE OF ALL UNITS
10 AND COMMON AREA, AS DESCRIBED IN AND ACCORDING TO
11 THE DECLARATION OF CONDOMINIUM RECORDED IN
12 OFFICIAL RECORDS BOOK 1128, PAGE 181 TO 202 INCLUSIVE,
13 AS AMENDED, ALL OF THE PUBLIC RECORDS OF BREVARD
14 COUNTY, FLORIDA AND WHICH IS LOCATED AT 8522 N.
15 ATLANTIC AVENUE FROM C-1 COMMERCIAL TO R-2
16 RESIDENTIAL; PROVIDING THE PROPERTY SUBJECT TO THIS
17 ORDINANCE IS MORE PARTICULARLY DEPICTED AND LEGALLY
18 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING
19 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
20 RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE
21 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
22
23 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
24 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
25 163.3187(1)(c), Florida Statutes; and
26
27 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
28 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
29 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
30 and all interested parties submitting written and oral comments and has recommended adoption
31 to the City Council; and
32
33 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
34 hearing on the proposed amendment set forth hereunder and considered findings and advice of
35 staff, citizens, and all interested parties submitting written and oral comments and supporting
36 data and analysis, and after complete deliberation, hereby approves and adopts the
37 Comprehensive Plan Amendment set forth hereunder; and
38
39 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
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Ordinance No. 11-2024
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40 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
41
42 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
43 ORDAINS, AS FOLLOWS:
44
45 Section 1. Recitals. The foregoing recitals are true and correct and are fully
46 incorporated herein by this reference.
47
48 Section 2. Authority. This Ordinance isadopted incompliance with, and pursuant
49 to the Local Government Comprehensive Planning and Land Development Regulations Act.
so
51 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
52 of this Ordinance to clarify, expand, correct update, modify and otherwise further the provisions
53 of the City of Cape Canaveral Comprehensive Plan.
54
55 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
56 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
57 the real property legally described and depicted on Exhibit "A" from "C-1 Commercial" to "R-2
58 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
59
60 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
61 inconsistent ordinances and resolutions adopted bythe City Council, or parts of prior ordinances
62 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
63
64 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
65 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
66 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
67 shall be deemed a Separate, distinct and independent provision, and such holding shall not affect
68 the validity of the remaining portions of this Ordinance.
69
70 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
71 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
72 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
73 number or letter and any heading may be changed or modified as necessary to effectuate the
74 foregoing.
75
76 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
77 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
78 section 163.3187(5)(d, Florida Statutes' unless challenged within thirty (30) days after adoption of
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Ordinance No. 11-2024
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79 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning
80 Agency or the Administration Commission issues a final order determining the adopted small
81 scale Comprehensive Plan Amendment is in compliance. No development orders, development
82 permits, or land use dependent on this Amendment may be issued or commenced before it has
83 become effective. After and from the effective date of this Amendment, the Comprehensive plan
84 Amendment set forth herein shall amend the City of Cape Canaveral Comphrensive Plan and
85 become a part of that plan and the Amendments shall have the legal status of the City of Cape
86 Canaveral Comprehensive Plan, as amended.
87
88 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
89 January, 2024.
90
91
92 Wes Morrison, Mayor
93
94 ATTEST: For Against
95
96 Kim Davis Second
97 Kay Jackson X
98 Mickie Kellum Motion
99 Wes Morrison X
100 Don Willis X
101
102 Mia Goforth, CMC
103 City Clerk
104
105
106
107 1st Advertisement: November 2, 2023
108 1st Reading: December 19, 2023
109 2nd Advertisement: January 4, 2024
110 2nd Reading: January 16, 2024
111
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
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Ordinance No. 11-2024
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SEAL OF CAPE CANAVERAL, FLORIDA
Exhibit "A"
Ordinance No. 11-2024
Legend
Canaveral Breakers
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 11-2024
24-37-14-00-525.1-.XA 8522 N ATLANTIC AVE CAPE CANAVERAL FL 32920