HomeMy WebLinkAboutcocc_ordinance_no_04-2024_20240116CFN 2024032717, OR BK 9994 PAGE 890,
Recorded 02/16/2024 at 10:04 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs: 5
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2 ORDINANCE NO. 04-2024
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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 14, PARK VILLAS,
8 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
9 BOOK 38, PAGE 74, OF THE PUBLIC RECORDS OF BREVARD
10 COUNTY, FLORIDA AND LOCATED AT 108, 110(112, 114, 116,
11 118, 120, 122, 124, 126, 128, 130, 132, AND 134 WASHINGTON
12 AVENUE, AND LOTS 15 AND 15.01 PARK VILLAS PHASE TWO,
13 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
14 BOOK 41, PAGE 6, OF THE PUBLIC RECORDS OF BREVARD
15 COUNTY, FLORIDA AND LOCATED AT 104 AND 106
16 WASHINGTON AVENUE, FROM THE CURRENT CITY C-1 LOW
17 DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION TO
18 THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING
19 DISTRICT DESIGNATION; PROVIDING THE PROPERTY
20 SUBJECT TO THIS ORDINANCE IS MORE PARTICULARLY
21 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
22 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
23 INCONSISTENT ORDINANCES AND RESOLUTIONS,
24 SEVERABILITY AND AN EFFECTIVE DATE.
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27 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
28 State Constitution, to exercise any power for municipal purposes, except when expressly
29 prohibited by law; and
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31 WHEREAS, the subject property owner desires to rezone the subject property to R-2
32 Medium Density Residential in order to construct residential units; and
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34 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
35 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
36 and
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38 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
39 have recommended approval of this Ordinance; and
City of Cape Canaveral
Ordinance No. 04-2024
Page 1 of 3
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2 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
3 hearing on the proposed zoning change set forth hereunder and considered findings and advice
4 of staff, citizens, and all interested parties submitting written and oral comments and supporting
5 data and ana|ysis, and after complete deliberation, hereby finds the requested zoning change is
6 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
7 and substantial evidence supports the zoning change set forth hereunder; and
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9 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
10 government purpose and is in the best interests of the public health, safety, and welfare of the
11 citizens of Cape Canaveral, Florida.
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13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
14 ORDAINS, AS FOLLOWS:
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16 Section 1. Recitals. The foregoing recitals are true and correct and are fully
17 incorporated herein by this reference.
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19 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
20 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
21 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of
22 the real properties depicted and legally described on Exhibits "A" which is attached and
23 incorporated herein by this reference. City staff is hereby directed to promptly amend the [itv's
24 Official Zoning Map upon the effective date of this Ordinance.
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26 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
27 this Ordinance by the City Counci|, the City Clerk is hereby directed to record this Ordinance in
28 the Official Records of Brevard County, Florida.
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30 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
31 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
32 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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34 Section 5. Severability If any section, subsaction, sentence, Clause, phrase, word or
35 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
38 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
37 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
38 the validity of the remaining portions of this Ordinance.
39
City of Cape Canaveral
Ordinance No. 04-2024
Page 2 of 3
1 Section 6. Conditional Effective Date. This Ordinance shall become effective
2 immediately upon the effective date of Ordinance 03-2024 as adopted by the City Council of the
3 City of Cape Canaveral, Florida. If Ordinance 03-2024 does not become effective, then this
4 Ordinance shall become null and void.
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6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day
7 of January, 2024.
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10 Wes Morrison, Mayor
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12 ATTEST: For Against
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14 Kim Davis Second
15 Kay Jackson X
16 Michelle Kellum X
17 Wes Morrison X
18 Don Willis Motion
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20 Mia Goforth, CMC
21 City Clerk
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25 1st Advertisement: November 2, 2023
26 1st Reading: December 19, 2023
27 2nd Advertisement: January 4, 2024
28 2nd Reading: January 16, 2024
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31 Approved as to legal form and sufficiency
32 for the City of Cape Canaveral only by:
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35 Anthony A. Garganese, City Attorney
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37
City of Cape Canaveral
Ordinance No. 04-2024
Page 3 of 3
SEAL of Cape Canaveral, Florida
Exhibit "A"
Ordinance No. 04-2024
Legend
Subject Parcels
Adams Avenue
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 04-2024
24-37-14-QG-*-15.01
24-37-14-QG-*-15
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24-37-14-PK-*-5
24-37-14-PK-*-4
24-37-14-PK-*-3
24-37-14-PK-*-2
24-37-14-PK-*-1
104 WASHINGTON AVE CAPE CANAVERAL FL 32920
106 WASHINGTON AVE CAPE CANAVERAL FL 32920
108 WASHINGTON AVE CAPE CANAVERAL FL 32920
110 WASHINGTON AVE CAPE CANAVERAL FL 32920
112 WASHINGTON AVE CAPE CANAVERAL FL 32920
114 WASHINGTON AVE CAPE CANAVERAL FL 32920
116 WASHINGTON AVE CAPE CANAVERAL FL 32920
118 WASHINGTON AVE CAPE CANAVERAL FL 32920
120 WASHINGTON AVE CAPE CANAVERAL FL 32920
122 WASHINGTON AVE CAPE CANAVERAL FL 32920
124 WASHINGTON AVE CAPE CANAVERAL FL 32920
126 WASHINGTON AVE CAPE CANAVERAL FL 32920
128 WASHINGTON AVE CAPE CANAVERAL FL 32920
130 WASHINGTON AVE CAPE CANAVERAL FL 32920
132 WASHINGTON AVE CAPE CANAVERAL FL 32920
134 WASHINGTON AVE CAPE CANAVERAL FL 32920