HomeMy WebLinkAboutcocc_ordinance_no_12-2024_20240116CFN 2024032721, OR BK 9994 PAGE 911
Recorded 02/16/2024 at 10:04 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
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2 ORDINANCE NO. 12-2024
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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 CANAVERAL BREAKERS ANNEX
8 APARTMENTS, A CONDOMINIUM INCLUSIVE OF ALL UNITS
9 AND COMMON AREA, AS DESCRIBED IN AND ACCORDING TO
10 THE DECLARATION OF CONDOMINIUM RECORDED IN
11 OFFICIAL RECORDS BOOK 1128, PAGE 181 TO 202 INCLUSIVE,
12 AS AMENDED, ALL OF THE PUBLIC RECORDS OF BREVARD
13 COUNTY, FLORIDA AND WHICH IS LOCATED AT 8522 N.
14 ATLANTIC AVENUE FROM THE CURRENT CITY C-1 LOW
15 DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION TO
16 THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING
17 DISTRICT DESIGNATION; PROVIDING THE PROPERTY
18 SUBJECT TO THIS ORDINANCE IS MORE PARTICULARLY
19 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
20 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
21 INCONSISTENT ORDINANCES AND RESOLUTIONS,
22 SEVERABILITY AND AN EFFECTIVE DATE.
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25 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
26 State Constitution, to exercise any power for municipal purposes, except when expressly
27 prohibited by law; and
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29 WHEREAS, the subject property owner desires to rezone the subject property to R-2
30 Medium Density Residential in order to construct residential units; and
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32 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
33 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral;
34 and
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36 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
37 have recommended approval of this Ordinance; and
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39 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
40 hearing on the proposed zoning change set forth hereunder and considered findings and advice
City of Cape Canaveral
Ordinance No. 12-2024
Page 1 of 3
1 of staff, citizens, and all interested parties submitting written and oral comments and supporting
2 data and ana|ysis, and after complete de|)beration, hereby finds the requested zoning change is
3 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
4 and substantial evidence supports the zoning change set forth hereunder; and
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0 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
7 government purpose and is in the best interests of the public health, safety, and welfare of the
8 citizens of Cape Canaveral, Florida.
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10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
11 ORDAINS, AS FOLLOWS:
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13 Section 1. Recitals. The foregoing recitals are true and correct and are fully
14 incorporated herein by this reference.
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15 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
17 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby
18 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
19 for each of the real properties depicted and legally described on Exhibits "A" which is
20 attached and incorporated herein by this reference. City staff is hereby directed to promptly
21 amend the City's Official Zoning Map upon the effective date of this Ordinance.
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23 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
24 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
25 the Official Records of Brevard County, Florida.
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27 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
29 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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31 Section 5. Severability. If any section, subsection, sentence, clause, phrase. word
32 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
33 of competent jurisdiction, whether for substantive, procedural, or any other reason, such
34 portion shall be deemed a separate, distinct and independent provision, and such holding shall
35 not affect the validity of the remaining portions of this Ordinance.
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37 Section 6. Conditional Effective Date. This Ordinance shall become effective
38 immediately upon the effective date of Ordinance 11-2024 as adopted by the City Council of the
39 City of Cape Canaveral, Florida. If Ordinance 11-2024 does not become effective, then this
40 Ordinance shall become null and void.
City of Cape Canaveral
Ordinance No. 12-2024
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3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
4 January, 2024.
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7 Wes Morrison, Mayor
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9 ATTEST: For Against
10 Kim Davis X
11 Kay Jackson X
12 Mickie Kellum Second
13 Wes Morrison X
14 Don Willis Motion
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16 Mia Goforth, CMC
17 City Clerk
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22 1st Advertisement: November 2, 2023
23 1st Reading: December 19, 2023
24 2nd Advertisement: January 4, 2024
25 2nd Reading: January 16, 2024
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28 Approved as to legal form and sufficiency
29 for the City of Cape Canaveral only by:
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32 Anthony A. Garganese, City Attorney
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City of Cape Canaveral
Ordinance No. 12-2024
Page 3 of 3
SEAL of Cape Canaveral, Florida
Exhibit "A"
Ordinance No. 12-2024
Legend
Canaveral Breakers
N. Atlantic Avenue
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 12-2024
24-37-14-00-525.1-.XA 8522 N ATLANTIC AVE CAPE CANAVERAL FL 32920