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2 ORDINANCE NO. 13-2024
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 A PORTION OF LOT 3,
8 BLOCK 9, CAPE CANAVERAL BEACH GARDENS, UNIT NO. 2, AS
9 RECORDED IN PLAT BOOK 17, PAGES 81 AND 82, OF THE
10 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, WHICH IS
11 LOCATED AT 102 E. CENTRAL BOULEVARD, FROM C-1
12 COMMERCIAL TO R-2 RESIDENTIAL; PROVIDING THE
13 PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
14 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
15 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
16 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
17 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
18 PLAN AND AN EFFECTIVE DATE.
19
20 WHEREAS, the future land use map amendment embodied in this Ordinance is a small
21 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
22 163.3187(1)(c), Florida Statutes; and
23
24 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
25 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
26 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens,
27 and all interested parties submitting written and oral comments and has recommended adoption
28 to the City Council; and
29
30 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
31 hearing on the proposed amendment set forth hereunder and considered findings and advice of
32 staff, citizens, and all interested parties submitting written and oral comments and supporting
33 data and analysis, and after complete deliberation, hereby approves and adopts the
34 Comprehensive Plan Amendment set forth hereunder; and
35
36 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
37 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
38
39 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
City of Cape Canaveral
Ordinance No. 13-2024
Page 1 of 3
40 ORDAINS, AS FOLLOWS:
41
42 Section 1. Recitals. The foregoing recitals are true and correct and are fully
43 incorporated herein by this reference.
44
45 Section 2. Authority. This Ordinance isadopted incompliance with, and pursuant
48 to the Local Government Comprehensive Planning and Land Development Regulations Act.
47
48 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent
49 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of
50 the City of Cape Canaveral Comprehensive Plan.
51
52 Section 4. Adoption of Amendment to the Future Land Use Map. The City of
53 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating
54 the real property legally described and depicted on Exhibit °A" from ^C-1 Commercial" to "R-2
55 Residential." Exhibit "A" is attached hereto and fully incorporated herein by this reference.
56
57 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
58 inconsistent ordinances and resolutions adopted by the City Council, or parts Of prior ordinances
59 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
60
61 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
62 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
63 competent jurisdiction, whether for substantive, procedural, Or any other reason such portion
64 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
65 the validity of the remaining portions of this Ordinance.
66
67 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
68 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
69 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
70 number or letter and any heading may be changed or modified as necessary to effectuate the
71 foregoing.
72
73 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
74 date of this Ordinance -shall take effect thirty-one (31) days after adoption, in accordance with
75 section 16I3187(5)(d, Florida Statutes, unless challenged within thirty (30) days after adoption of
76 this Ordinance, then this Ordinance shall become effective of such time as the State Land Planning
77 Agency or the Administration Commission issues o final order determining the adopted snne||
78 scale Comprehensive Plan Amendment isincompliance. Nodevelopment orders, development
City of Cape Canaveral
Ordinance No. 13-2024
Page 2 of 3
79 permits, or lend use dependent on this Amendment may beissued or commenced before it has
80 become effective. After and from the effective date of this Amendment, the Comprehensive Plan
81 Amendment set forth herein shall amend the City ofCape Canaveral Comprehensive Plan and
82 become a part of that plan and the Amendments shall have the legal status of the City of Cape
83 Canaveral Comprehensive Plan, asamended.
84
85 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
86 January, 2024.
87
88
89 Wes Morrison, Mayor
90
91 ATTEST: For Against
92 Kim Davis X
93 Kay Jackson X
94 Mickie Kellum Motion
95 Wes Morrison X
96 Don Willis Second
97
98 Mia Goforth, CMC
99 City Clerk
100
101
102
103
104 1st Advertisement: November 2, 2023
105 1st Reading: December 19, 2023
106 2nd Advertisement: January 4, 2024
107 2nd Reading: January 16, 2024
108
109
110 Approved as to legal form and sufficiency
112 for the City of Cape Canaveral only by:
113
114 Anthony A. Garganese, City Attorney
115
116
City of Cape Canaveral
Ordinance No. 13-2024
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SEAL OF CAPE CANAVERAL, FLORIDA
Exhibit "A"
Ordinance No. 13-2024
Legend
102 E Central
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 13-2024
24-37-14-51-9-3.01 102 E CENTRAL BLVD CAPE CANAVERAL FL 32920