HomeMy WebLinkAboutcocc_ordinance_no_06-2024_20240116CFN 2024032718.. OR BK 9994 PAGE 895,
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. 06-2024
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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 THE OAKS CONDOMINIUM PHASES I, II, III AND
8 IV AND LOCATED AT 201 INTERNATIONAL DRIVE FROM THE
9 CURRENT CITY C-1 LOW DENSITY COMMERCIAL ZONING
10 DISTRICT DESIGNATION TO THE CITY R-3 MEDIUM DENSITY
11 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
12 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
13 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
14 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
15 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
16 SEVERABILITY AND AN EFFECTIVE DATE.
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19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
20 State Constitution, to exercise any power for municipal purposes, except when expressly
21 prohibited by law; and
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23 WHEREAS, the subject property owner desires to rezone the subject property to R-2
24 Medium Density Residential in order to construct residential units; and
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26 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
27 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
28 and
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30 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
31 have recommended approval of this Ordinance; and
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33 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
34 hearing on the proposed zoning change set forth hereunder and considered findings and advice
35 of staff, citizens, and all interested parties submitting written and oral comments and supporting
36 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
37 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
38 and substantial evidence supports the zoning change set forth hereunder; and
39
40 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
City of Cape Canaveral
Ordinance No. 06-2024
Page 1 of 3
1 government purpose and is in the best interests of the public health, safety, and welfare of the
2 citizens of Cape Canaveral, Florida.
3
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
5 ORDAINS, AS FOLLOWS:
7 Section 1. Recitals. The foregoing recitals are true and correct and are fully
8 incorporated herein by this reference.
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10 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
11 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
12 from C-1 Low Density Commercial District to R-3 Medium Density Residential District for each of
13 the real properties depicted and legally described on Exhibits °A" which is attached and
14 incorporated herein by this reference. City staff ishereby directed to promptly amend the City's
15 Official Zoning Map upon the effective date of this Ordinance.
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17 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
18 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
19 the Official Records of Brevard County, Florida.
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21 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
ZZ inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
23 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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25 Section 5. Severability If any section, subsection, sentence, clause, phrase, word or
26 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
27 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
28 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
29 the validity of the remaining portions of this Ordinance.
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31 Section 6. Conditional Effective Date. This Ordinance shall become effective
32 immediately upon the effective date of Ordinance 05-2024 as adopted by the City Council of the
33 City of Cape Canaveral, Florida. If Ordinance 05-2024 does not become effective, then this
34 Ordinance shall become null and void.
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36 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day
37 of January, 2024
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40 Wes Morrison, Mayor
City of Cape Canaveral
Ordinance No. 06-2024
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2 ATTEST: For Against
3 Kim Davis Second
4 Kay Jackson X
5 Mickie Kellum X
6 Wes Morrison X
7 Don Willis Motion
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9 Mia Goforth, CMC
10 City Clerk
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12
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15 1st Advertisement: November 2, 2023
16 1st Reading: December 19, 2023
17 2nd Advertisement: January 4, 2024
18 2nd Reading: January 16, 2024
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21 Approved as to legal form and sufficiency
22 for the City of Cape Canaveral only by:
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25 Anthony A. Garganese, City Attorney
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27
City of Cape Canaveral
Ordinance No. 06-2024
Page 3 of 3
SEAL of Cape Canaveral, Florida
Exhibit "A"
Ordinance No. 06-2024
Legend
Subject Parcels
International Drive
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 06-2024
201 INTERNATIONAL DR UNIT COMMON 2 CAPE CANAVERAL FL
24-37-23-00-295.2-.XA 32920
201 INTERNATIONAL DR UNIT COMMON 1 CAPE CANAVERAL FL
24-37-23-00-294.XA 32920
201 INTERNATIONAL DR UNIT COMMON 3 CAPE CANAVERAL FL
24-37-23-00-303-.XA 32920
201 INTERNATIONAL DR UNIT COMMON 4 CAPE CANAVERAL FL
24-37-23-00-304-.2-XA 32920