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2 ORDINANCE NO. 15-2024
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 LOTS 11, 12 AND 13,
8 BLOCK 13, AVON BY THE SEA, ACCORDING TO THE MAP OR
9 PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 7, OF
10 THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND
11 LOCATED AT 108, 112, 114 AND 116 MADISON AVENUE FROM
12 C-1 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. 15-2024
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 bythis reference.
44
45 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
46 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
50 of the City of [ape 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. |fany 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 153.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
76 this Ordinance, then this Ordinance shall become effective atsuch time as the State Land Planning
77 Agency or the Administration Commission issues a final order determining the adopted small
78 scale Comprehensive Plan Amendment is in compliance. No development orders, development
City of Cape Canaveral
Ordinance No. 15-2024
Page 2 of 3
79 permits, or land use dependent on this Amendment may be issued 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, as amended.
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
91 ATTEST: For Against
92 Kim Davis Motion
93 Kay Jackson X
94 Mickie Kellum X
95 Wes Morrison X
96 Don Willis Second
97 Mickie Kellum x
98
99 Mia Goforth, CMC
100 City Clerk
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 10, 2024
108
109
110 Approved as to legal form and sufficiency
111 for the City of Cape Canaveral only by:
112
113
114 Anthony A. Garganese, City Attorney
115
116
117
City of Cape Canaveral
Ordinance No. 15-2024
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SEAL OF CAPE CANAVERAL, FLORIDA
Exhibit "A"
Ordinance No. 15-2024
Legend
Subject Parcels
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 15-2024
24-37-23-CG-13-11
24-37-23-CG-13-13
108 & 112 MADISON AVE CAPE CANAVERAL FL 32920
114 & 116 MADISON AVE CAPE CANAVERAL FL 32920