HomeMy WebLinkAboutcocc_ordinance_no_08-2024_20240116CFN 2024032719, OR BK 9994 PAGE 900,
Recorded 02/16/2024 at 10:04 AM, Rachel M. Sadoff,
Clerk of Courts. Brevard County
# Pgs:5
1
2 ORDINANCE NO. 08-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT OF SEVERAL CONTIGUOUS PARCELS OF
7 PROPERTY GENERALLY LOCATED BETWEEN WASHINGTON
8 AVENUE AND ADAMS AVENUE AND WEST OF POINSETTA
9 AVENUE WHICH ARE LEGALLY DESCRIBED AS LOTS 1
10 THROUGH 4 OF THE VILLAGIO TOWNHOMES ACCORDING TO
11 THE PLAT THERETO RECORDED AT PLAT BOOK 55, PAGE 92 OF
12 THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA
13 LOCATED AT 103, 105, 107 AND 109 WASHINGTON AVENUE,
14 VACANT TAX PARCELS 24-37-23-CG-1-4 AND 24-37-23-CG-1-5
15 LOCATED ON WASHINGTON AVENUE, TAX PARCEL 24-37-23-
16 CG-1-16 LOCATED AT 128 ADAMS AVENUE, AND LOTS 14A,
17 14B, 14C AND 14D OF THE BREEZEWAY TOWNHOUSES
18 ACCORDING TO THE PLAT THERETO RECORDED AT PLAT BOOK
19 31, PAGE 59 OF THE PUBLIC RECORDS OF BREVARD COUNTY,
20 FLORIDA LOCATED AT 120, 122, 124 AND 126 ADAMS AVENUE
21 FROM THE CURRENT CITY C-1 LOW DENSITY COMMERCIAL
22 ZONING DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM
23 DENSITY RESIDENTIAL ZONING DISTRICT DESIGNATION;
24 PROVIDING THE PROPERTY SUBJECT TO THIS ORDINANCE IS
25 MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
26 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
27 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
28 SEVERABILITY AND AN EFFECTIVE DATE.
29
30
31 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
32 State Constitution, to exercise any power for municipal purposes, except when expressly
33 prohibited by law; and
34
35 WHEREAS, the subject property owner desires to rezone the subject property to R-2
36 Medium Density Residential in order to construct residential units; and
37
38 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
39 requirements for the City to consider a rezoning of real property within the City of Cape
40 Canaveral; and
City of Cape Canaveral
Ordinance No. 08-2024
Page 1 of 3
1
2 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
3 have recommended approval of this Ordinance; and
5 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
6 hearing on the proposed zoning change set forth hereunder and considered findings and advice
7 of staff, citizens, and all interested parties submitting written and oral comments and supporting
8 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
9 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
10 and substantial evidence supports the zoning change set forth hereunder; and
11
12 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
13 government purpose and is in the best interests of the public health, safety, and welfare of the
14 citizens of Cape Canaveral, Florida.
15
16 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
17 ORDAINS, AS FOLLOWS:
18
19 Section 1. Recitals. The foregoing recitals are true and correct and are fully
20 incorporated herein by this reference.
21
22 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
23 Cape Canavera|, as described in City of Cape Canaveral Code Section 110-240, is hereby
24 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
25 for each of the real properties depicted and legally described on Exhibits "A" which is
26 attached and incorporated herein by this reference. City staff is hereby directed to promptly
27 amend the City's Official Zoning Map upon the effective date of this Ordinance.
30
29 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
30 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
31 the Official Records of Brevard County, Florida.
32
33 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
34 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
35 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
36
37 Section 5. Severability If any section, subsection, sentence, clause, phrase, word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction, whether for substantive, procedural, or any other reasun, such portion
40 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
City of Cape Canaveral
Ordinance No. 08-2024
Page 2 of 3
1 the validity of the remaining portions of this Ordinance.
2
3 Section 6. Conditional Effective Date. This Ordinance shall become effective
4 immediately upon the effective date of Ordinance 07-2024 as adopted by the City Council of the
5 City of Cape Canaveral, Florida. If Ordinance 07-2024 does not become effective, then this
6 Ordinance shall become null and void.
7
8 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
9 January, 2024.
10
11 Wes Morrison, Mayor
12
13
14 ATTEST: For Against
15 Kim Davis Second
16 Kay Jackson X
17 Mickie Kellum X
18 Wes Morrison X
19 Don Willis Motion
20
21 Mia Goforth, CMC
22 City Clerk
23
24
25
26
27 1st Advertisement: November 2, 2023
28 1st Reading: December 19, 2023
29 2nd Advertisement: January 4, 2024
30 2nd Reading: January 16, 2024
31
32
33 Approved as to legal form and sufficiency
34 for the City of Cape Canaveral only by:
35
36
37 Anthony A. Garaganese, City Attorney
38
39
City of Cape Canaveral
Ordinance No. 08-2024
Page 3 of 3
SEAL of Cape Canaveral, Florida
Exhibit "A"
Ordinance No. 08-2024
Washington Avenue
Legend
Subject Parcels
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 08-2024
24-37-23-47-*-1
24-37-23-47-*-2
24-37-23-47-*-3
24-37-23-47-*-4
24-37-23-CG-1-4
24-37-23-CG-1-5
24-37-23-03-*-14A
24-37-23-03-*-14B
24-37-23-03-*-14C
24-37-23-03-*-14D
103 WASHINGTON AVE CAPE CANAVERAL FL 32920
105 WASHINGTON AVE CAPE CANAVERAL FL 32920
107 WASHINGTON AVE CAPE CANAVERAL FL 32920
109 WASHINGTON AVE CAPE CANAVERAL FL 32920
None (Vacant)
None (Vacant)
120 ADAMS AVE CAPE CANAVERAL FL 32920
122 ADAMS AVE CAPE CANAVERAL FL 32920
124 ADAMS AVE CAPE CANAVERAL FL 32920
126 ADAMS AVE CAPE CANAVERAL FL 32920