HomeMy WebLinkAboutcocc_ordinance_no_16-2024_20240116CFN 2024032723, OR BK 9994 PAGE 921,
Recorded 02/16/2024 at 10:04 AM, Rachel M. Sadoff,
Clerk of Courts, Brevard County
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2 ORDINANCE NO. 16-2024
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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 LOTS 11, 12 AND 13, BLOCK 13, AVON BY
7 THE SEA, ACCORDING TO THE MAP OR PLAT THEREOF, AS
8 RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS
9 OF BREVARD COUNTY, FLORIDA AND LOCATED AT 108, 112,
10 114 AND 116 MADISON AVENUE FROM THE CURRENT CITY C-
11 1 LOW DENSITY COMMERCIAL ZONING DISTRICT
12 DESIGNATION TO THE CITY R-2 MEDIUM DENSITY
13 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING
14 THE PROPERTY SUBJECT TO THIS ORDINANCE IS MORE
15 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON
16 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL
17 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
18 SEVERABILITY AND AN EFFECTIVE DATE.
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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
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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
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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
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32 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff
33 have recommended approval of this Ordinance; and
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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. 16-2024
Page 1 of 3
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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.
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6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
7 ORDAINS, AS FOLLOWS:
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9 Section 1, Recitals. The foregoing recitals are true and correct and are fully
10 incorporated herein by this reference.
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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
14 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District
15 for each of the real properties depicted and legally described on Exhibits "A" which is
16 attached and incorporated herein by this reference. City staff is hereby directed to promptly
17 amend the City's Official Zoning Map upon the effective date of this Ordinance.
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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 Brevard County, Florida.
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33 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.
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27 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word
28 or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
29 of competent jurisdiction, whether for substantive, procedural, or any other reason, such
30 portion shall be deemed a separate, distinct and independent provision, and such holding shall
31 not affect the validity of the remaining portions of this Ordinance.
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33 Section 6. Conditional Effective Date. This Ordinance shall become effective
34 immediately upon the effective date of Ordinance 15-2024 as adopted by the City Council of the
35 City of Cape Canaveral, Florida. If Ordinance 15-2024 does not become effective, then this
36 Ordinance shall become null and void.
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City of Cape Canaveral
Ordinance No. 16-2024
Page 2 of 3
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
2 January, 2024.
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5 Wes Morrison, Mayor
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7 ATTEST: For Against
8 Kim Davis Motion
9 Kay Jackson X
10 Mickie Kellum Second
11 Wes Morrison X
12 Don Willis X
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14 Mia Goforth, CMC
15 City Clerk
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20 1st Advertisement: November 2, 2023
21 1st Reading: December 19, 2023
22 2nd Advertisement: January 4, 2024
23 2nd Reading: January 16, 2024
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26 Approved as to legal form and sufficiency
27 for the City of Cape Canaveral only by:
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30 Anthony A. Garganese, City Attorney
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City of Cape Canaveral
Ordinance No. 16-2024
Page 3 of 3
SEAL of Cape Canaveral, Florida
Exhibit "A"
Ordinance No. 16-2024
Legend
Subject Parcels
Madison Avenue
Exhibit "A"
LEGAL DESCRIPTION AND MAP
Ord. 16-2024
24-37-23-CG-13-11
24-37-23-CG-13-13
108 & 112 MADISON AVE CAPE CANAVERAL FL 32920
114 & 116 MADISON AVE CAPE CANAVERAL FL 32920