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HomeMy WebLinkAboutPacket 03-16-2004 RevisedCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ty of Cape Canaveral IL REGULAR MEETING 'HALL ANNEX ;, Cape Canaveral, Florida TUESDAY rch 16, 2004 7:00 PM REVISED AGENDA PRESENTATION: Donation by the American Legion Post 348. BOARD INTERVIEWS: Connie Trautman, Community Appearance Board. Lisa Moore, Community Appearance Board. Donald Dunn, Construction Board of Adjustment and Appeals. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 2, 2004. 2. Proclamation for Irish -American Heritage Month. CONSIDERATIONS: 3. Motion to Approve: Annual Audit for the Year Ending September 30, 2003 as Presented by Bray, Beck and Koetter, CPAs, P.A. 4. Motion to Approve: Emergency Repair of a Sanitary Sewer Main. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 2 of 3 5. Motion to Approve: Proposal from J & S Curb/Concrete, Inc. to Construct a Sidewalk on Washington Avenue. 6. Motion to Approve: North Atlantic Avenue Street Lighting. ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. for a Definition of and Prohibiting Devices, at second reading. ORDINANCES: First Public Hearing: 04-2004; Amending Chapter 10, Providing the Commercial Use of Slot Machines or 8. Motion to Approve: Ordinance No. 05-2004; Amending Chapter 38, Article IV Entitled Fireworks; Providing for the Prohibition of the Private Use, Storage, or Display of Fireworks, at first reading. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2004-10; Casa Del Vista Final Replat. 10. Motion to Adopt: Resolution No. 2004-11; Authorizing the City Clerk to Make Certain Corrections to the Official Zoning Map. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 15, 2004 SUBJECT: City Council Agenda Item for March 16" 2004 North Atlantic Avenue Street Lighting On January 14th, 2004 City of Cape Canaveral Council approved a twenty 20 wide easement 1,000 feet along the west -side of North Atlantic Avenue. This easement would allow the direct burial of the Florida Power and Light electrical lines. In addition, this easement allowed additional space for landscaping and street lighting. As part of this program, the Public Works Department budgeted funds for the install of decorative street lighting in the amount of $45,000 within the Beautification Fund. Attached is a proposal from Florida Power and Light to install decorative street lighting consisting of a 250 -watt Metal Halite lamp within a Tear -Drop fixture. The light will be mounted on a 29 black octagonal concrete pole. The 6 -six streetlight poles will be installed along the 1,000 -foot easement at a spacing of 160 feet. FPL offered a 10 -year and a 20 -year financial package. The lump sum cost for this project is $28,432. Recommend the approval of the installation of decorative street lighting along North Atlantic Avenue in the amount of $28,432. Attachments CC: File FROM FPL CUST SVC (FR1) 3.12'04 15:52/ST. 15:51/NO. 4870082040 P 2 FPL , Decorative Streetlighting Non -Refundable Deposit Invoice Manch 12, 2004 City of Cape Canav" Mr. Bennett Boucher City Manager P. O. Box 326 Cape Csraveraal, FL 32920 Re*- DSL l w*We --a _Prolled hognpabon Nordr Adanbc Avenue Cgps CanavarW FL Lyntp Sum:p$2e,4 TOW M ift Cest lFaoitidr a Mk@WAAeee ♦ Esrsrl 'Lump Sum (M+E): $178 010 You Finanoe (Mo.ChargaxF+M+E): $51ti '20 Year Finance (Mo. Ch&W)(F+M+E): Pmdutf iebnrn@ $415 ft Fkkm 14ormAW (# and type}: 6 Pole Information (0 and type): t:nearpnrdrow k[ftg 6 1N1I Cu t. Instal ooriduti9 No Linear Trench Footage: aw Linear Bore Foataea; 0 'FrAnOhbO tans and taxes riot xwluded T*Mn mount TaarDrap 2M MH - brad et 29 OdWrW ConeWe - Slack TMs preNrl**ry cost estimate for approzimatHy $26A,12S induries basic w4ed information, and does not amount for ON aspects of construction (e.g, reWrattort). In Order to proceed with a more de(deed cost estimate, i naHWwdaNe deposit for a detalled estimate in the amount of WN be required. upon canpMdw of the project, this deposit amount will be credited to your decorative streetlight account. This inmate becomes null and void dW ISO days from irwoioe date. Please remit your payment to. Florida Power and L19M Company 9001 alis Road West Melbourne, FL 32904 Mr. Tom Kunz It you have any quastkxw about this estimate, or need additional hformation on FPVs Decorative Street Lighting Program, Please contad me at (321) 726-4946 Sinner Mr: om Konz Manager, Key Accounts CITY OF CAPE CANAVERAL 2003-04 FISCAL YEAR BUDGET BEAUTIFICATION FUND 105- «• DESCRIPTION/ • • s , al Jth d.'Y^ or Uri , WN L�l- W",ffim, g y • � • 111 a 6400 EQUIPMENT 9900 RESERVES VEHICLE FOR OFFICER OVERSEEING UNDESIGNATED EXPENDITURES OF SURPLUS REVENUES. Page 1 of 1 http://Www.fpl.comlbuilderlselectyour_project/commerciallimages/teardrop_page-3.gif 3/15/2004 zl—x I t-- 4 Xf4 Wt %*III, H.ti•,,* F", --w I ,— , p kk-,N-j -p-1 W*d% I* A -WO IV I W mwj Page 2 of 2 " " 71! a' �� "- 4M"As 4n,,mw,I *wr,,,ew 's.4'�t-i r,"v 6" to*nw woki tf-w� "x" 'wwiw-- any 00",CWK 'Opmm ve vwftt WUC- -W 0,71114* FeS r s rry 1.1" "WWA t-r,,m "A WV*4-#4 03/12/2004 E I R LO rl 0 LO ct rl ffi LL�:N -(321) 783-7443 FAX (321) 783-5902 i el.i ing, lnc. 106 DME LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 Sketch o f IE aO i pt ar gin► �14- y. r. ll.• {..� 1, �. ssS•{Swlh is aaM t aTw11. r - I Ka.a far ayTlgalnl of WM- ...., . i r b Lott .W. Vie, b�. jpt sssflo{al wwm1. aitwnc .IE. (tgSE•S {St{ gwTr i t -~ f 6� :tlS � ,rssc C In1/ils ♦ �e sosfa{. iSON42 ,.k tarK.t +iNSs3 ZV acaoanolx arLs.s _ IutK/ tl K � 0 Am -st V=40011 {VCU + Ioi-Isa r. s k of :c V! a i S".C.Ofkzs c -Of wr I arm S. ilt• V1LLACrES -1 Zo• AT -56-4-JT L%«VOF ; 1 lLi&x .+w 4 16S. OF LOT a Mat Oa Alit ., f—i L• • ..r t_ �. • n• q s/ L.C. u3-x3f - - - -- -- - - a. s - t. 1S1 -MS f.. ilaf!!1 --.� _ •.• a• st - S(Sb s:if i. 17CC-tZ0 '• •' _ A 1 .ct ut . - - --- — •--------•.- --- '_4 7-,-' Y- "t '•U+b-ix) --•e�111 •, OCEAN A'OOOS OC r. 1w ` � { STAGE ON. S7 i - Kssa{rofaoao#a p zarsw�Of 4�wCeaiz+Osafazc ..wa u' e. - - s 2s-t� 9tSSO.af 1111•a ttN 40 iigaa . �� .. .. . _. .. w: c Sc SEE * »ulu txt• tUC ta.Ka z RESOLUTION NO. 2004-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE CITY CLERK TO MAKE CERTAIN CORRECTIONS TO THE CITY OF CAPE CANAVERAL'S OFFICIAL ZONING MAP AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION, AND AN EFFECTIVE DATE. WHEREAS, The minutes from the Board of Adjustment July 7, 1980, Yoland Curtis petitioned the Board of Adjustment to make an interpretation of the commercial zoning boundary. WHEREAS, A survey was prepared by John Campbell and recommended by Briley, Wild and Associates (The City Engineers) to be the correct boundary, 361 feet being commercial from the west A1A right of way. WHEREAS, The Board of Adjustment recommended to City Council to accept the survey with the depth of 361 feet on July 7, 1980. WHEREAS, The City Council discussed the issue during the July 22, 1980 meeting. WHEREAS, On August 6, 1980, the City Manager wrote a letter to Yoland Curtis that "the official zoning map will be corrected to conform to this legal (attached Exhibit A) in the near future". WHEREAS, No further action can be found that the Official Zoning map had been changed to reflect Exhibit A. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City Council hereby adopts the District Boundaries attached hereto as Exhibit A pursuant to the Professional Land Survey of 1980. SECTION 2. The City Council directs the City Clerk to coordinate with the Brevard County Property Appraiser's Office to cause the necessary corrections to the Official Zoning Map. SECTION 3. The Mayor and City Clerk are hereby authorized to certify said Official Zoning Map. SECTION 4. This Resolution shall take effect immediately upon its adoption. Resolution 2004-11 Corrections to Official Zoning Map Page 2 of 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of March 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY Section 110-247 Section 110-247. Same --Replacement. Page 1 of 1 If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof as published in this chapter. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 2-83 of the City of Cape Canaveral, Florida." Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. http://www.myflorida.com/cape/CapeCanaveralCode/110-247.htm 03/15/2004 Memorandum To: Planning and Zoning Board From: Todd Peetz, City Planner Date: March 3, 2004 RE: Commercial Zoning District, Southwest A1A Area Upon further fact gathering: 1) The minutes from the Board of Adjustment July 7, 1980, Yoland Curtis petitioned the Board of Adjustment to make an interpretation of the commercial zoning boundary. 2) A survey was prepared by John Campbell and recommended by Briley, Wild and Associates (the City Engineers) to be the correct boundary, 361' feet being commercial from the west A1A right of way. 3) The Board of Adjustment recommended to City Council to accept the survey with the depth of 361 feet on July 7,1980. 4) The City Council discussed the issue during their July 22, 1980 meeting. 5) On August 6, 1980, the City manager wrote a letter to Yolanda Curtis that "the official zoning map will be corrected to conform to this legal (attached) in the near future." Based on this, no further action can be found that this had been done (change the zoning map). It would appear this was the last action on the petition. Thus, I would recommend the zoning and future land use maps have and should reflect a depth of 361 feet from the west right of way of A1A or 361 feet of R-1 Residential from the west section line of section 26. tw, �t tall pmkap� ;,:a I wi th k; -- r i 1, t i , n. -1 tyNc, v ta, 4 -ha+ Or J, nctnce, Ivc- 81-C--4 ,--kl k"i i5 j'v` e- CLclete"u'Or dGS&,be5 and lejel R-1 and C-1 bOLUN30LY-y S --"-VN -F L. Tkzi—P-le- mc-c'e-f," C14-XA --VCkA C%y C'(CAwL-CfVR Mo .&-61 -&,SfecjReL.Aly SeCb6,-1 1, 6a ohnq-t"-ij c&-vtd 44%cvk i✓ -k- le%,-vCJLCkcje, of Ole- La9cll Surveyor be- used 4c, -e-f\acc.4-Ve- &t .c v CF Crcl,n4coice- Nu. & -Col - E. 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'' F:Z':U^i:; C `,... u A.", TI-AC7i-ED TO TaSS COPY A:.;C}iLu ATTO:tNi?i 1 ACA INST AlleCIVAL OF ^' T..•• !?OA I(D ..J.'•I A t:0:7C:.rOLLC" I OF T!!IS F:i�ll ' t -R, 1,I_OYD `'r r !t uISCl1,3 l ..Gi„...- To h_... 0.1„_ ;C .,:f; U r"Y i A!;!) .n . T!I I . ... COUNCIL I' ()UP AGiif: i..;• F1 .�.R. ii11T t I”' ;d i :0 7W' c: 1 ii �t� I.. r6_ Y^ s r H•.�tiy: jai;'. �t� • HARRY E. WILD, JR.• P.E. • JCHN F. DENNIS, P. E. • L. J. DILLARD, JR., P.E. • WILLIAM O. DUKE • A. J. BIRCHALL. P.E. • STEVEN E. THAYER. P.E. • RICHARD B. GASSETT, P.E. • W. E. STRANG. JR. January 24, 1980 CC79011-9CE ►I p&1 1a'-17-7 Q 2L E FEASIBILITY/VInCC yI/11OCCQlES PLANNING • REPORTS CONSULTING ENGINEERS AND PLANNERS • LABORATORY ORMOND BEACH - CLEARWATER • CONSULTATION • DESIGN FLORIDA • INSPECTION • RESEARCH Mrs. Anita. Ostrom City. Manager City of Cape Canaveral 105 Polk.Avenue Cape Canaveral, Florida 32920. Re: Holman .Avenue Area R-1 and C-1 Zone Boundary Dear Mrs. Ostrom: WHEN REPLYING PLEASE ADDRESS: 5000 U. S. HIGHWAY P NORTH P. O. BOX 607 ORMOND BEACH, FLORIDA 32074 9OA/672-5660 On December.31,1979, you requestedthat.we attempt toclarify.the.referenced. problem•.The.information you provided and the-information.we have.in house . have proved inadequate..to determine a precise location for this boundary. What appears .to.be required is the City.having a.survey done, to locate.. the .relation of.S.R. 401, as of June 15, 1965, to..the west line of Section 26, as shown on.the attached sketch.. Withthat survey, a rigorous delineation by meets -and bounds can be established for. the.. zone boundary in question. .The meets.. and bounds description may .then be developed either by. ourselves or a. Registered Land Surveyor. If you have any questions, please do not hesitate..to call me.. Very truly yours, BRILEY, WILD & ASSOCIATES CONSULTING ENGINEERS & PLANNERS Matthew J. Prtyka,/Jr., P.E. MJP/da-k Enclosure cc: Mr. Jay Bolton BWA/Field Office i�. HARRY E. WILD, JR„ P.E. ✓ • JOHN F. DENNIS, P.E. • L. J. DILLARD. JR, P.E • WILLIAM O DUKE • A. J. BIRCHALL, P.E • STEVEN E. THAYER. P.E. • RICHARD B. GASSETT, P.E. • W E. STRANG, JR Btirzy, 1-W&I & "4-10ciatEl CONSULTING ENGINEERS AND PLANNERS ORMOND BEACH . CLEARWATER FLORIDA n ' L May 28, 1980 f CC 79011-9 CE Ms- Anita Ostrom City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 cFd;b� g Iql —9 /� Y )P Re: Holman Avenue Area R-1 and C-1 Zone Boundary Dear Ms. Ostrom: • FEASIBILITY • PLANNING • REPORTS • LABORATORY • CONSULTATION • DESIGN • INSPECTION • RESEARCH WHEN REPLYING PLEASE ADDRESS: 5000 U S HIGHWAY If NORTH P O. BOX 607 ORMOND BEACH. FLORIDA 32074 904/672 5660 We have reviewed the survey the City has had done in regard to the referenced problem, and find the resultant legal description adequate to firmly establish the R-1 and C-1 zone boundary south of Holman Avenue as intended by City Ordinance No: 81-64-E. We recommend that an ordinance amending City Ordinance No. 81-64-E3- specifically Section 1, be adopted by the City. This new ordinance should use the exact language of the attached legal description. g We further recommend that if it is not already City Policy, the City require any new rezoning requests to include an adequate legal description and that all future zoning ordinances include this legal description. It would also help problems such as this, if any parcel rezoned were identified by ord inance number to avoid future the original of the zoning map.on If you have any questions, please do not hesitate to call me. Very truly yours, BRILEY, WILD & ASSOCIATES CONSULTING ENGINEERS & PLANNERS P Hatthew J. Pat kaC4J .Y , .E. MJP/skl Enclosure cc: Mr. Jay Bolton BWA/Field Office LEGAL DESCRIPTION DEFINING THE DIVIDING LINE OF R-1 AND C-1 ZONING IN LOTS 21 THROUGH 2.7 IN BANANA RIVER ESTATES, PLAT BOOK 10, PAGE 1 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. gk COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA; THENCE RUN S0009'00"E ALONG THE WEST LINE OF SAID SECTION 26 FOR 690.85 FEET TO A POINT ON THE EXTENSION WESTERLY OF THL SOUTH RIGIIi OF WAY LINE OF HOLMAN AVENUE; THENCE RUN N89038'00"E ALONG THE SOUTH RIGHT OF WAY LINE OF SAID HOLMAN AVENUE AND IT'S EXTENSION WESTERLY FOR 361.42 FEET TO A POINT THAT IS 361.42 FEET WEST OF THE WEST RIGHT OF WAY LINE OF STATE ROAD 401 AS SAID RIGHT OF WAY LINE IS SHOWN ON THE STATE OF FLORIDA, STATE ROAD DEPARTMENT, RIGHT OF WAY MAP, SECTION NO. 70080-22021 APPROVED SEPTEMBER 21 1959 AND FILED WITH THE DEPARTMENT OF TRANSPORTATION IN TALLAHASSEE, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCR1I3ED DIVIDING LINE; THENCE RUN 50009'00"E ALONG A LINE THAT IS ONE HALF WAY BE— TWEEN SAID WEST RIGHT OF WAY LINE AND THE WEST LINE OF SAID SECTION 26 FOR 685.89 FEET TO A POINT ON THE SOUTH LINE OF LOT 21 IN BANANA RIVER ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGE 1 OF THE PUBLIC RECORDS Of: BREVARD COUNTY, FLORIDA, SAID POINT BEING THE POINT OF TERMIN— ATION OF SAID DIVIDING LINE. f?O. B. Yllest "FIW /1r7e per sr�t rE K109D DEPT Ft H N, /, = goo SKETCH TO ACCOMPANY LEGA. DcSCRIPTION CERTIFICATION• I HEREBY CERTIFY: THAT THE ATTACHED SKETCH TO ACCOMPANY LEGAL DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE DEST OF 14Y KNOWLEDGE AND BELIEF AND THAT THE INFORMATION SHOWN WAS OBTAINED FROM THE PUBLIC RECORDS AND SUCH IS SUBJECT TO ACCURATE FIELD SURVEY. OHN R. CAMPBELL PROFESSIONAL LAN" SURVEYOR� NO. 2351, STATE OF FLORIDX ALLEIJ ENGINEERING, INC. COCOA BEACH, FLORIDA FOR: CITY OF CAPE CANAVERAL �' —on nRnFR NUPIRFR 80611 to to 4-1 11 � t _ �4 v 0 co CA CO F . + r-1 U {,. m a •ri cd '17 •r-1 •.-2 1J F"�• O a `w - J -. 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P �. • x Q) 34 7 H A (U 41 • '11 r-441 Ea 41 rpt r^� CL cr'1 CL • • W O Q) 11 iJ G bO r1 U U sN O cd Q) 4) .0 .0 44 () Q) O Q) 14 �y �� , v �+ +•: r.,% N U 0.� A ca 41 010 cA N r -q 4J C, cll ml n x 'gyp a{;71g y\, - ""','�' t'Y'.e+ry•, , '� ,1 f9, 4 in' ' .. :. 1. .'...' . .:: , ..........- .: ORD i-71 Y ` M ORDIi,ANCE GF icIE CITY 0'r CAPE CA`IAVE-1kL AlEilDMIG Tom, 0:'FICIAL ZOSIF:G e',? TO R ZONE PARTICULAR PARCELS Ci• MID FP.(1,11 C-?_, %4 AND R -T CLASSIFICATIONS TO A C-1 CLASSIFICA- TION AND TO P ZONE CERTAM PARCELS O: LAi:D FROM Idl R-4 Ci 4SSIF'ICATION TO L\ R-1 ZONING CLASSIFIC.ITIC'1; ..P?OVID:[NG AN c= raCTM DATZ. :dI REAS, the Zoning and Planning Board of the City of Cape Canaveral, Florida did cause to be published in the Cocoa Tribune Notice of Public hearing on April 20, 19652 and I-MITEAS, the said Zoning and Planning Board did conduct such public hearing on May 7, 1,665 on the rezoning of the present ' zoning classifications on land lying between State Road 401 and the .present shoreline of the n rcna Paver in the City of Cape Canaveral, Florida, and �g and Planning Board has made W:EIMAS, the said Zo: certain recomm&ndation3 as to the rezoning of said parcels of land, end I-RIEREAS, Article 1, Sections 1, 2, 3, 4 and 5, of Ordinance No. ST -64 prescribe the procedure for amending the official zoning map and it being the desire of the Council to conform to such procedure. NO',: TrEREFOrR--, B IT ORDAMED BY T'� CITE COUNCIL OF THE CITY OF CAPE CANAVERAL, F7LOR-TDA: SECTIM 1, The following described parcels of property now zoned C--2, R-4 and R-1 are hereby rezoned to a C-1 zoning classifica- tion, to -wit: That part of the City lying west of State Road.401 auzd easttof a 1-Ine described as follows: PQ. -inning at a point on the south city limits halifway bctxeen the we3t right-of-way of State Road 401 and the tirest lin e of Section 26, thence northerly along a line splitt?ng the distance between the west rilht- of -way line of State Road 1101 and the west li:.e of Section 26 in halves to the south line of Section 23, thence westerly along the south line of Section 23 and the south line of Sect --on 22 to a point 330' west of the southeast corner of Section 22, thence northerly parallel and 330' west of the east line of Section 22 to the north right-of-way line of x Eno CC^Y l71( A.1 =sF A G E D O F 3 so Page 2 Columbia Avenue, thence westerly along the norlh line of Columbia Avenue to the southweot corner of Lot 2 of ColuWoiad Plaza Subdivision, thence northerly along the west line of the said Lot 2 to the north line of Section 22, thence easterly along the north line of Section 22 to the west right-of-way of State Road 401. Except this ordinance shall not change the zoning of that land embraced by Ordinance No. 64-9 adopted on April T4, 1964. SECTION 2. The following described parcels of property no, zoned R-4 are hereby rezoned .to' P-1 zoning classification, to-dit: That portion or Section 26,and Cove;:iment Lot,1• in Section 2Z lying east r. of the east bank of the Banana River and west of a line described as follows: Beginning at a point on the south city limits halfway between the west right-of-way of State Road,401 and the west line of. Section,26y1.J thence northerly along a line splitting the distance between the west. right-of-way line of State Road 1:01 and the west line of Section 26 halves to the south line of Section. SECTION 3. It is the purpose and intent of thiel Ordinance to not change the present R-4 zoning classifications on parcels of lana lying in that portion of Section 27 east of the east bank of the Banana River and west of the line described as follows: From the south- east corner of Section 22, run wssterly along the south line of Section 22 3301, thence northerly parallel and 3301 west of the east line of Section 22 to the north right-of-way line of Columbia Avenue, thence westerly along the north line of Columbia Avenue to the scutlrrest corner of Lot 2 of Columbiad Plaza St:bdivision, thence northerly along the west line of the said lot 2 to theonorth line of Section 22_, thence easterly along; the north line of Section 22 to the west right-of—,,ay of State Road 401. SECTIM 4. The official zoning nap of the City of Cape Canaveral is hereby amended to reflect the rezoning; classifications as contained in Sections 1 and 2 hereof, and the Mayor attested by the •gyp/,Y ff ICc�•Y . rFR� Gk L City Clcrk.are hereby authorized and directed to cause the said official zoning sap to be amended in co.for.•aity lith this Ordinance and Article i, Sections 1 through 5, of Ordinance 17o. 51-61+. SECTION 5. All Ordinances in conflict herewith are here- by repealed. j - SECTION 6. This Ordinance shall become effective immedi- ately upon its adoption and approval by the City Council of the City of Cape Canaveral, F:Ibrida. ADOPTe D by the City Council of the City of Crape Canaveral, i I Florida, on the 1 '.7) day of June, 1965. i j \ Mayor City. 1 Approved as to Fora: Cit Attorney First Reading: Second and Final Reading: Posted: I %FRO j : %• RO. 1 'YE 10 RADIUS MAP SHDRES M qY Gun AY M E:J NAY= AY 'Ul ODu00 CDN00 11M7T1- DARpCLD AY ARTHUR AT I -FTTTm B / L90N AV HARDfNG AY RAWAV AV IAGN OR a I= DR Brevard County Property Appraiser: Jim Ford BUFFER DISTANCE 500 FEET APPLICANT NAME(S)/ADDRESS: Based on data from the Property Appraiser's Office WAP SCALE IS 1:6000 (one inch = 500 feel) VENABLE, JAMES M. JR. 738 NASSAU RD, COCOA BEACH FL 32931 This map was compiled from recorded documents and does not reflect LEGEND: an actual survey. The Brevard County Property Appraiser does nati FN -1 OWNER NAMES)/ADDRESS: assume responsibility for errors or ommissions contained hereon. Notification buffer Parcel/lot boundaries Produced by: Brevard County Properly Appraisers Office — GIS, November 24, 2003 Numbers on map correspond to mailing list Proj.RI02—Y .%) vrtiaSIXH.anp ty of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 July 14, 1987 Mr. Hugh E. Kessinger Trafford Realty Company 161 North Atlantic Avenue Cocoa Beach, FL 32931 Dear Mr. Kessinger: Re: Zoning for Parcels 26 and 27, Banana River Estates Subdivision (La Paz Shopping Center) In response to your letter of July 10, 1987, on the above referenced property. We find the dividing line between C-1 and R-1 zoning to be 3601. If we may be of further assistance, please call 783-1391. Sincerely, ames E. Morgan Building Official JEM:jh 041 December 18, 2000 Allen Engineering, Inc. Attn: Mr. Robert M. Salmon P.O. Box 211321 Cocoa Beach, FL 32932-1321 Dear Mr. Salmon, As per our discussion concerning the commercial C-1 zoning boundary along the West Side of AIA. It would appear the zoning depth from AIA is 350 feet west of the right of way line. The C-1 zoning boundary actually moves apprdximately a depth of 345 feet to 370 feet as the entire C-1 boundary moves northward. his apparently is a scrivener's error on the map. It would appear the intent is for a omsistent depth of 350' feet of commercial C-1 zoning from AIA. Also as part of our conversation, the zoning line does �ot follow property boundaries. This can generate inconsistencies in land use and createother administrative problems. While a meeting has not been set, there have been discus ions to create a land use policy for administrative adjustments to match property lines 1with zoning boundaries. The intent would be to allow for minor adjustments that are Fonsistent and compatible with surrounding uses. Again, this would be a pending City at. )n that has been discussed for future consideration but has not been scheduled for a pubic hearing at this time. f If you have any questions, please feel free to contact me at (407) 249-1503. Sincerely, I I Todd Peetz, AICP City Planner Cape Canaveral I