HomeMy WebLinkAboutcocc_ordinance_no_10-2024_20240116CFN 2024032720, OR BK 9994 PAGE 905.
Recorded 02/16/2024 at 10:04 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
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2 ORDINANCE NO. 10-2024
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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 AND 2 OF JEFFERSON VILLAS PHASE II
8 ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK
9 49, PAGE 26 OF THE PUBLIC RECORDS OF BREVARD COUNTY,
10 FLORIDA, AND LOCATED AT 108 AND 110 JEFFERSON AVENUE,
11 LOTS 1 AND 2 OF JEFFERSON VILLAS ACCORDING TO THE PLAT
12 THEREOF RECORDED AT PLAT BOOK 48, PAGE 7 OF THE PUBLIC
13 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT
14 112 AND 114 JEFFERSON AVENUE, LOTS 5, 6, 7 AND 8 OF SAN
15 TOMAS VILLAS PHASE II ACCORDING TO THE PLAT THEREOF
16 RECORDED AT PLAT BOOK 36, PAGE 9 OF THE PUBLIC
17 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT
18 116, 118, 120 AND 122 JEFFERSON AVENUE, LOTS 12, 13 AND
19 14 OF SAN TOMAS VILLAS PHASE IV ACCORDING TO THE PLAT
20 THEREOF RECORDED AT PLAT BOOK 36, PAGE 80 OF THE
21 PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND
22 LOCATED AT 124, 126, AND 128 JEFFERSON AVENUE, LOTS 1
23 AND 2 OF ADAMS VILLAS PHASE II ACCORDING TO THE PLAT
24 THEREOF RECORDED AT PLAT BOOK 48, PAGE 6 OF THE PUBLIC
25 RECORDS OF BREVARD COUNTY, FLORIDA, AND LOCATED AT
26 107 AND 109 ADAMS AVENUE, LOTS 1 AND 2 OF ADAMS
27 VILLAS REPLAT ACCORDING TO THE PLAT THEREOF RECORDED
28 AT PLAT BOOK 47, PAGE 77 OF THE PUBLIC RECORDS OF
29 BREVARD COUNTY, FLORIDA, AND LOCATED AT
30 111 AND 113 ADAMS AVENUE, LOTS 1, 2, 3 AND 4 OF SAN
31 TOMAS VILLAS ACCORDING TO THE PLAT THEREOF RECORDED
32 AT PLAT BOOK 35, PAGE 13 OF THE PUBLIC RECORDS OF
33 BREVARD COUNTY, FLORIDA AND LOCATED AT 115, 117, 119
34 AND 121 ADAMS AVENUE, LOTS 9,10, AND 11 OF SAN TOMAS
35 VILLAS PHASE III ACCORDING TO THE PLAT THEREOF
36 RECORDED AT PLAT BOOK 36, PAGE 55 OF THE PUBLIC
37 RECORDS OF BREVARD COUNTY, FLORIDA AND LOCATED AT
38 123, 125 AND 127 ADAMS AVENUE FROM THE CURRENT CITY
39 C-1 LOW DENSITY COMMERCIAL ZONING DISTRICT
40 DESIGNATION TO THE CITY R-2 MEDIUM DENSITY
City of Cape Canaveral
Ordinance No. 10-2024
Page 1 of 4
1 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
2 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
3 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
4 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
5 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
6 SEVERABILITY AND AN EFFECTIVE DATE.
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9 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
10 State Constitution, to exercise any power for municipal purposes, except when expressly
11 prohibited by law; and
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13 WHEREAS, the subject property owner desires to rezone the subject property to R-2
14 Medium Density Residential in order to construct residential units; and
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16 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
17 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
18 and
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20 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
21 have recommended approval of this Ordinance; and
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23 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
24 hearing on the proposed zoning change set forth hereunder and considered findings and advice
25 of staff, citizens, and all interested parties submitting written and oral comments and supporting
26 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
27 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
28 and substantial evidence supports the zoning change set forth hereunder; and
29
30 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
31 government purpose and is in the best interests of the public health, safety, and welfare of the
32 citizens of Cape Canaveral, Florida.
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34 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
35 ORDAINS, AS FOLLOWS:
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37 Section 1. Recitals. The foregoing recitals are true and correct and are fully
38 incorporated herein by this reference.
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40 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
City of Cape Canaveral
Ordinance No. 10-2024
Page 2 of 4
1 Cape Canaveral, as described in City of Cape Canaveral Code Section 11O-246 is hereby amended
2 from C-1 Low Density Commercial District to R-2 Medium Density Residential District for each of
3 the real properties depicted and legally described on Exhibits "A" which is attached and
4 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
5 Official Zoning Map upon the effective date of this Ordinance.
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7 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
8 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
9 the Official Records of Brevard County, Florida.
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11 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
12 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
13 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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15 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
16 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
17 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
18 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
19 the validity ofthe remaining portions ofthis Ordinance.
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21 Section 6. Conditional Effective Date. This Ordinance shall become effective
22 immediately upon the effective date of Ordinance 09-2024 as adopted by the City Council of the
23 City of Cape Canaveral, Florida. If Ordinance 09-3024 does not become effective, then this
24 Ordinance shall become null and void.
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26 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
27 January, 2024.
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30 Wes Morrison, Mayor
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32 ATTEST: For Against
33 Kim Davis Motion
34 Kay Jackson X
35 Mickie Kellum X
36 Wes Morrison X
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38 Mia Goforth, CMC
39 City Clerk
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City of Cape Canaveral
Ordinance No. 10-2024
Page 3 of 4
SEAL of Cape Canaveral, Florida
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2 Don Willis Second
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5 1st Advertisement: November 2, 2023
6 1st Reading: December 19, 2023
7 2nd Advertisement: January 4, 2024
8 2nd Reading: January 16, 2024
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11 Approved as legal form and sufficiency
12 for the City of Cape Canaveral only by:
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15 Anthony A. Garganese, City Attorney
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17
City of Cape Canaveral
Ordinance No. 10-2024
Page 4 of 4
Exhibit "A"
Ordinance No. 10-2024
Legend
Subject Parcels
Adams Avenue
Jefferson Avenue
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 10-2024
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107 ADAMS AVE CAPE CANAVERAL FL 32920
109 ADAMS AVE CAPE CANAVERAL FL 32920
111 ADAMS AVE CAPE CANAVERAL FL 32920
113 ADAMS AVE CAPE CANAVERAL FL 32920
115 ADAMS AVE CAPE CANAVERAL FL 32920
117 ADAMS AVE CAPE CANAVERAL FL 32920
119 ADAMS AVE CAPE CANAVERAL FL 32920
121 ADAMS AVE CAPE CANAVERAL FL 32920
123 ADAMS AVE CAPE CANAVERAL FL 32920
125 ADAMS AVE CAPE CANAVERAL FL 32920
127 ADAMS AVE CAPE CANAVERAL FL 32920
108 JEFFERSON AVE CAPE CANAVERAL FL 32920
110 JEFFERSON AVE CAPE CANAVERAL FL 32920
112 JEFFERSON AVE CAPE CANAVERAL FL 32920
114 JEFFERSON AVE CAPE CANAVERAL FL 32920
116 JEFFERSON AVE CAPE CANAVERAL FL 32920
118 JEFFERSON AVE CAPE CANAVERAL FL 32920
120 JEFFERSON AVE CAPE CANAVERAL FL 32920
122 JEFFERSON AVE CAPE CANAVERAL FL 32920
124 JEFFERSON AVE CAPE CANAVERAL FL 32920
126 JEFFERSON AVE CAPE CANAVERAL FL 32920
128 JEFFERSON AVE CAPE CANAVERAL FL 32920