HomeMy WebLinkAboutcocc_ordinance_no_02-2024_20240116CFN 2024032716, OR BK 9994 PAGE 885.
Recorded 02/16/2024 at 10:04 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
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2 ORDINANCE NO. 02-2024
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4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR SEVERAL PARCELS OF PROPERTY LEGALLY
7 DESCRIBED AS LOTS 1 THROUGH 8, OCEAN COURT,
8 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
9 BOOK 40, PAGE 17, OF THE PUBLIC RECORDS OF BREVARD
10 COUNTY, FLORIDA AND LOCATED AT 8657, 8659, 8661, 8663,
11 8665, 8667, 8669, AND 8671 MAPLE COURT FROM THE
12 CURRENT CITY C-1 LOW DENSITY COMMERCIAL ZONING
13 DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM DENSITY
14 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
15 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
16 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
17 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
18 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
19 SEVERABILITY AND AN EFFECTIVE DATE.
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22 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
23 State Constitution, to exercise any power for municipal purposes, except when expressly
24 prohibited by law; and
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26 WHEREAS, the subject property owner desires to rezone the subject property to R-2
27 Medium Density Residential in order to construct residential units; and
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29 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
30 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
31 and
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33 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
34 have recommended approval of this Ordinance; and
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36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
37 hearing on the proposed zoning change set forth hereunder and considered findings and advice
38 of staff, citizens, and all interested parties submitting written and oral comments and supporting
39 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
City of Cape Canaveral
Ordinance No. 02-2024
Page 1 of 3
1 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
2 and substantial evidence supports the zoning change set forth hereunder; and
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4 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
5 government purpose and is in the best interests of the public health, safety, and welfare of the
6 citizens of Cape Canaveral, Florida.
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8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
9 ORDAINS, AS FOLLOWS:
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11 Section 1. Recitals. The foregoing recitals are true and correct and are fully
12 incorporated herein by this reference.
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14 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
15 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
16 from C-1 Low Density Commercial District to K-3 Medium Density Residential District for each of
17 the real properties depicted and legally described on Exhibits "A" which is attached and
lO incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
19 Official Zoning Map upon the effective date of this Ordinance.
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21 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
22 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
23 the Official Records of Brevard County, Florida.
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25 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
ZO inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
27 resolutions in conflict herewith' are hereby repealed to the extent of the conflict.
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29 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
30 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
31 competent jurisdiction, whether for substantive, procedural, 0r any other reason, such portion
32 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
33 the validity of the remaining portions of this Ordinance.
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35 Section 6. Conditional Effective Date This Ordinance shall become effective
35 immediately upon the effective date of Ordinance 01 -2024 as adopted by the City Council of the
37 City of Cape Canaveral, Florida. If Ordinance 01-2024 does not become effective, then this
38 Ordinance shall become null and void.
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City of Cape Canaveral
Ordinance No. 02-3024
Page 2 of 3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
2 January, 2024.
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5 Wes Morrison, Mayor
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7 ATTEST:
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11 Mia Goforth, CMC
12 City Clerk
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14 For Against
15 Kim Davis X
16 Kay Jackson X
17 Mickie Kellum Motion
18 Wes Morrison X
19 Don Willis Second
20 1st Advertisement: November 2, 2023
21 1st Reading: December 19, 2023
22 2nd Advertisement: January 4, 2024
23 2nd Reading: January 16, 2024
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26 Approved as to legal form and sufficiency
27 for the Cape Canaveral only by:
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30 Anthony A. Garganese, City Attorney
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City of Cape Canaveral
Ordinance No. 02-2024
Page 3 of 3
SEAL of Cape Canaveral, Florida
Exhibit "A"
Ordinance No. 02-2024
Legend
Subject Parcels
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord, 02-2024
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24-37-14-72-*-2
24-37-14-72-*-3
24-37-14-72-*-4
24-37-14-72-*-5
24-37-14-72-*-6
24-37-14-72-*-7
24-37-14-72-*-8
8671 MAPLE CT CAPE CANAVERAL FL 32920
8669 MAPLE CT CAPE CANAVERAL FL 32920
8667 MAPLE CT CAPE CANAVERAL FL 32920
8665 MAPLE CT CAPE CANAVERAL FL 32920
8663 MAPLE CT CAPE CANAVERAL FL 32920
8661 MAPLE CT CAPE CANAVERAL FL 32920
8659 MAPLE CT CAPE CANAVERAL FL 32920
8657 MAPLE CT CAPE CANAVERAL FL 32920