HomeMy WebLinkAboutcocc_ordinance_no_14-2024_20240116CFN 2024032722, OR BK 9994 PAGE 916:
Recorded 02/16/2024 at 10:04 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
# Pgs:5
1
2 ORDINANCE NO. 14-2024
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
5 CANAVERAL, FLORIDA; ADOPTING A ZONING MAP
6 AMENDMENT FOR A PORTION OF LOT 3, BLOCK 9, CAPE
7 CANAVERAL BEACH GARDENS, UNIT NO. 2, AS RECORDED IN
8 PLAT BOOK 17, PAGES 81 AND 82, OF THE PUBLIC RECORDS OF
9 BREVARD COUNTY, FLORIDA, WHICH IS LOCATED AT 102 E.
10 CENTRAL BOULEVARD, AND FROM THE CURRENT CITY C-1
11 LOW DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION
12 TO THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING
13 DISTRICT DESIGNATION; PROVIDING THE PROPERTY
14 SUBJECT TO THIS ORDINANCE IS MORE PARTICULARLY
15 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
16 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR
17 INCONSISTENT ORDINANCES AND RESOLUTIONS,
18 SEVERABILITY AND AN EFFECTIVE DATE.
19
20
21 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the
22 State Constitution, to exercise any power for municipal purposes, except when expressly
23 prohibited by law; and
24
25 WHEREAS, the subject property owner desires to rezone the subject property to R-2
26 Medium Density Residential in order to construct residential units; and
27
28 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and
29 requirements for the City to consider a rezoning of real property within the City of Cape
30 Canaveral; and
31
32 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
33 have recommended approval of this Ordinance; and
34
35 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
36 hearing on the proposed zoning change set forth hereunder and considered findings and advice
37 of staff, citizens, and all interested parties submitting written and oral comments and supporting
38 data and analysis, and after complete deliberation, hereby finds the requested zoning change is
39 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent,
40 and substantial evidence supports the zoning change set forth hereunder; and
City of Cape Canaveral
Ordinance No. 14-2024
Page 1 of 3
1
2 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
3 government purpose and is in the best interests of the public health, safety, and welfare of the
4 citizens of Cape Canaveral, Florida.
5
6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
7 ORDAINS, AS FOLLOWS:
8
9 Section 1. Recitals. The foregoing recitals are true and correct and are fully
10 incorporated herein by this reference.
11
12 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
13 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended
14 from C-1 Low Density [nnnrnencial District to R-2 Medium Density Residential District for each of
15 the real properties depicted and legally described on Exhibits "A" which is attached and
16 incorporated herein by this reference. City staff is hereby directed to promptly amend the City's
17 Official Zoning Map upon the effective date of this Ordinance.
18
19 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution of
20 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
21 the Official Records of Brevard County, Florida.
22
23 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
24 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
25 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
26
27 Section 5. Severability If any section, subsection, sentence, clause, phrase, word or
28 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
29 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
30 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
31 the validity of the remaining portions of this Ordinance.
32
33 Section 6. Conditional Effective Date. This Ordinance shall become effective
34 immediately upon the effective date of Ordinance 13-2024 as adopted by the City Council of the
35 City of Cape Canaveral, Florida. If Ordinance 13-2024 does not become effective, then this
36 Ordinance shall become null and void.
37
38 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
39 January, 2024.
40
City of Cape Canaveral
Ordinance No. 14-2024
Page 2 of 3
1
2 Wes Morrison, Mayor
3
4 ATTEST: For Against
5 Kim Davis Motion
6 Kay Jackson X
7 Mickie Kellum X
8 Wes Morrison X
9 Don Willis Second
10
11 Mia Goforth, CMC
12 City Clerk
13
14
15
16
17 1st Advertisement: November 2, 2023
18 1st Reading: December 19, 2023
19 2nd Advertisement: January 4, 2024
20 2nd Reading: January 16, 2024
21
22
23 Approved as to legal form and sufficiency
24 for the City of Cape Canaveral only by:
25
26
27 Anthony A. Garganese, City Attorney
28
29
30
City of Cape Canaveral
Ordinance No. 14-2024
Page 3 of 3
Exhibit "A"
Ordinance No. 14-2024
Legend
102 E Central
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 14-2024
24-37-14-51-9-3.01 102 E CENTRAL BLVD CAPE CANAVERAL FL 32920