HomeMy WebLinkAboutOrdinance No. 24-1976MICROFILMED 3-14-80
ORDINANCE NO. 24 -76
AN ORDINANCE AMENDING ORDINANCE NO. 10 -75, ZONING
ORDINANCE, BY AMENDING A PORTION OF ZONING DISTRICTS
R -3 AND C -1 TO M -1; BY PERMITTING THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA TO CLOSE OR RE-
LOCATE DEDICATED PUBLIC STREETS, WALKWAYS, ALLEYS
OR ACCESS WAYS IN CONJUNCTION WITH ANY PRIVATE
DEVELOPMENT SCHEME IF IN THE BEST INTERESTS OF THE
CITY; REPEALING ALL ORDINANCES OR PARTS THEREOF IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DA 1E.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 639.87 of the City of Cape Canaveral
Zoning Ordinance No. 10 -75, entitled "DEDICATED PUBLIC LAND ", is
hereby deleted in its entirety, and the following new section substituted
therefor:
"639.87 DEDICATED PUBLIC LAND
Dedicated public streets, walkways, alleys or accessways may be
closed or relocated as part of or in conjunction with any private
development scheme upon an application being made to the City
Council after review of and recommendation from the Planning &
Zoning Board, and if said application is in the best interest of the
City. "
SECTION 2. That Section 633.01 of the City of Cape Canaveral
Zoning Ordinance No. 10 -75, entitled "OFFICIAL ZONING MAP ", is hereby
amended to reflect on the Official Zoning Map and Official Zoning Districts
of the City of Cape Canaveral, a classification of M -1 for the following
described land, formerly classified as R -3 and C -1:.
See legal description attached hereto and made a part hereof,
by reference.
SECTION 3. All ordinances or sections thereof in conflict herewith
are hereby repealed.
SECTION 4. This ordinance shall become effective immediately
upon its adoption as to Section 1 hereof, and immediately upon the change
t
*1-.
4:
0. MICROFILMED
8. 14-80.
EXHIBIT "A"
LANDS TO BE REZONED TO M -1
Parcel 1.
A tract of land situated in government lots 2 and 3 of section 22,
and the southwest quarter (SW4) of the northwest quarter (NW and
government lot 3 of section 23, in township 24 south, range 37
east, in Brevard County, Florida, described as follows:
Begin at a point at the water's edge of the Banana River, which
point is 5 feet north of the south line of government lot 2
in section 22 aforesaid, and from the said point of beginning, for a
first course run north 89 degrees, 45 minutes east a distance—of-992
feet, more or less, to the west line of the right of way of the
County Road, now known as State Road A1A; thence for a second course,
run south 0 degrees, 21 minutes east on the west line of the right
of way of the County. Road to a point which is 150 feet south of the
eastern terminus of the first course aforesaid; thence for third
course, run south 89 degrees, 45 minutes west and parallel to and
distant 150 feet south from the first course aforesaid, a distance
of 992 feet, more or less, to and into the waters of the Banana
River; and, thence for a fourth course, run northerly in the water .'s
edge of the Banana River a distance of 150 feet, more or less, to
the point of beginning. The land herein described is the south
150 feet of the land conveyed by James P. Lyons, et ux.-to-
Lawton C. Harris, et ux. by deed dated July 29, 1952, and recorded
in Deed Book 363, page 429.
Parcel 2.
A tract of land situated in Government Lot 3, Section 22, Township
24 South, Range 37 East, Brevard County, Florida, being more
particularly described as follows: From the Northeast corner of said
Government Lot 3, run South 1 °05'19" West along the East line of
said Section 22 a distance of 145.0 feet; thence North 89 °31'08"
West parallel with the North line of said Government Lot 3, a
distance of 40.0 feet to the Point of Beginning of the parcel herein
described; thence South 1 °05'19" West parallel with the East line
of said Section 22 a distance of 150 feet; thence North 89 °31'08'°
West a distance of 235 feet more or less to the shoreline of the
Banana River; thence Northerly meandering said shoreline 150 feet
more or less to the intersection of a line which is 145 feet South
of and parallel with the North line of said Government Lot 3; thence
South 89 °31'08" East along said line a distance of 231 feet more
or less to the Point of Beginning.
ATTACHMENT TO
ORDINANCE NO. 24 -76-
U CROFiLMED
EXHIBIT "A" 3 -14 -80
LANDS TO BE REZO"TO M -1 Page Two
Parcel 3.
A tract of land situated in Government Lot 3, Section 22, Township
24 South, Range 37 East, Brevard County, Florida, described as
follows:
From the Northeast corner of said Government Lot 3, run
South 1 °05'19" West along the East line of said Section 22
a distance of 295.0 feet; thence North 89°'31'08" West parallel
with the North line of said Government Lot 3 a distance of
40.0 feet to the Point of Beginning; thence South 1 °05'19"
West parallel with the East line of said Section 22 a distance
of 214.83 feet; thence North 88'45'30" West a distance of 230.43
feet more or less to the shoreline of the Banana River; thence
Northerly meandering said shoreline 212 feet more or less to the
intersection of a line which is 295.0 feet South of and parallel
with the North line of said Government Lot 3; thence South 89 °31'08"
East along said line a distance of 235.39 feet more or less to the
Point of Beginning.
Parcel 4.
A tract of land situated. in Government Lot 3, Sections 22 and 23,
Township 24 South, Range 37 East, Brevard County, Florida, described
as follows:
From the Northeast corner of said Government Lot 3, run South i°
05'19 "West along the East line of said Section 22 a distance
of 145.0 feet to the Point of Beginning; thence North 89 °31'08"
West parallel with the North line of Government Lot 3 a distance
of 40.0 feet; thence South 1 °05'19" West parallel with the East
line of said Section 22 a distance of 364.83 feet; thence South
88°45'30" East a distance of 80.0 feet; thence North 1 °05'19"
East parallel with the West line of said Section 23 a distance
of 365.89 feet; thence North 89 °31'08" West parallel with the
North line of Government Lot 3 a distance of 40.0 feet to the
Point of Beginning.
ATTACHMENT TO
ORDINANCE NO. 24-76
e
. s r
MICROFILMED 344-80
x..
herein described in Section 2 being duly entered upon the Official Zoning
Map.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this % day of 1977.
Mayor
NAME
NICHOLAS
YES
id
NO
HOOG
MURPHY
P,a- \LVAGGIO
PERMISSION TO ADVERTISE:
First Reading
Posted:
Advertised:
Second Reading
12 -21 -76 ,
1 -13 -77
12- 22-76
, •
12-27-76 .
1-18-77
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ORDINANCE NO. 24 -76
PAGE 2 OF 2 PLUS
2 PAGES OF LEGAL DESCRTPTIONB