HomeMy WebLinkAboutcocc_ordinance_no_08-2019_20190416 CFN 2019079478,OR BK 8415 PAGE 2492,
Recorded 04/17/2019 at 11:28 AM,Scott Ellis,Clerk of
'Courts,Brevard County
#Pgs:6
1 ORDINANCE NO. 08-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; CHANGING THE ZONING MAP
5 DESIGNATION OF CERTAIN REAL PROPERTY GENERALLY
6 LOCATED AT 8550 ASTRONAUT BOULEVARD IN CAPE
7 CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED
8 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
9 HERETO, FROM "C-2 COMMERCIAL/MANUFACTURING" TO "PD
10 PLANNED DEVELOPMENT" SUBJECT TO THE LAND USE PLAN
11 APPROVED BY THE CITY COUNCIL IN CONJUNCTION WITH
12 THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR
13 INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY
14 AND AN EFFECTIVE DATE.
15
16
17
18
19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of
20 the State Constitution, to exercise any power for municipal purposes, except when expressly
21 prohibited by law; and
22
23 WHEREAS, the owner of the Property subject to this Ordinance submitted an application
24 seeking to rezone the Property to PD — Planned Development for purposes of repurposing an
25 existing large building and creating an outparcel along Highway AlA Astronaut Boulevard; and
26
27 WHEREAS, Sections 110-34 and 110-35 of the City Code provides a procedure and
28 requirements for the City to consider a rezoning of real property within the City of Cape
29 Canaveral, and Section 110-740 et. seq. of the City Code provides a specific
30 procedure for planned developments; and
31
32 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval
33 of this Ordinance at the July 25, 2018 Planning and Zoning Board meeting subject to conditions;
34 and
35
36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
37 hearing on the proposed zoning change set forth hereunder and considered findings and advice of
38 Staff, citizens, and all interested parties submitting written and oral comments and supporting data
39 and analysis, and after complete deliberation, hereby finds the requested zoning change consistent
40 with a corresponding and simultaneous amendment to the City of Cape Canaveral Comprehensive
41 Plan and that sufficient, competent and substantial evidence supports the zoning change set forth
42 hereunder; and
City of Cape Canaveral
Ordinance No.08-2019
Page 1 of 3
1 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
2 government purpose and is in the best interests of the public health, safety and welfare of the
3 citizens of Cape Canaveral, Florida.
4
5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
6 CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
7
8 Section 1. Recitals. The foregoing recitals are true and correct and are fully
9 incorporated herein by this reference.
10
11 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
12 Cape Canaveral,as described in City of Cape Canaveral Code Section 110-246,is hereby amended
13 to include a change of classification from "C-2 Commercial/Manufacturing" to "PD —
14 Planned Development" for the real property depicted and legally described on Exhibit "A"
15 which is attached and incorporated herein by this reference. The PD designation on the subject
16 property shall be subject to the terms and conditions set forth in Section 3 of this Ordinance.
17 City Staff is hereby directed to promptly amend the City's Official Zoning Map upon the
18 effective date of this Ordinance.
19
20 Section 3. Planned Development Conditions. The following binding conditions
21 shall apply to the PD zoning designation of the subject property:
22
23 (1) The property shall be subject to the Land Use Plan reviewed and approved by the
24 City Council in conjunction with the adoption of this Ordinance. Said Land Use Plan is hereby
25 deemed fully incorporated herein by this reference and shall be maintained on file with the City
26 Clerk as a permanent record pursuant to Section 110-742(g) of the City Code.
27
28 (2) The land uses permitted on the subject property shall be those land uses specifically
29 listed in the C-2 Commercial/Manufacturing zoning district except, however, "climate controlled
30 mini-self-storage facility" shall be permitted in all or part of the 90,000 square feet of the existing
31 building depicted on the Land Use Plan.
32
33 (3) The subject property shall also be subject to all performance standards set forth in
34 the C-2 Commercial/Manufacturing zoning district (e.g. setbacks etc.) and other applicable
35 provisions of the City Code.
36
37 Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of
38 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in
39 the Official Records of Brevard County, Florida.
40
41 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
42 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
City of Cape Canaveral
Ordinance No.08-2019
Page 2 of 3
1 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
2
3 Section 6. Severability. If any section, subsection, sentence, clause,phrase, word or
4 provision of this Ordinance is for any reason held invalid or unconstitutional by any court
5 of competent jurisdiction, whether for substantive, procedural or any other reason, such portion
6 shall be deemed a separate, distinct and independent provision, and such holding shall not
7 affect the validity of the remaining portions of this Ordinance.
8
9 Section 7. Effective Date. This ordinance shall become effective immediately upon
10 adoption by the City Council.
11
12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
13 April, 2019.
14
15 � ;.�
16 ;��. �t� rtip t ,, /�
17 - <•
18 Bob Hoog, Mayor
19 `c,
20 - << =t.
21
22 ATTEST: = For Against
23 ir <
'''R f`/ ``\ Mike Brown
24 / y _ g
2 v^4s
26 Mia Goforth, C Robert Hoog x
27 City Clerk
28 Wes Morrison g
29 Planning and Zoning Board Hearing:
30 July 25, 2018 Rocky Randels Moti on
31 First Reading: March 19, 2019
32 Advertisement: April 4, 2019 Angela Raymond Second
33 Second Reading: April 16, 2019
34
35
36
37 Approve 9s to legal form and sufficiency
38 for the i of Cape Canaveral only by:
39
40
41 An hony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.08-2019
Page 3 of 3
Ordinance No. 08-2019
•
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This instrument prepared byt
JAMES W. PEEPLES III, ESQ.
WOLFE, KIRSCHENBAUM S PEEPLES, P.A.
P. 0. Box 320757
Cocoa Beach, Florida 32932-0757
Exhibit "A"
ovrk
•.-t ;GS
WARRANTY DEED .1
C1'
THIS INDENTURE, made this 10th day of May, 1989 between CEVESCO, INC., a
Delaware corporation (the "Grantor") and CAPE CANAVERAL JOINT VENTURE, a
general
Florida partnership . whose post office address is ERS, INC., a Florida
corporation, P. 0. Box 3767, Cocoa, Florida 32924 (the "Grantee");
WITNESSETH, that the Grantor, for and in consideration of the sum of TEN
(610.00) DOLLARS, to it in hand paid by the Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the Grantee forever,
the following described land, situate, lying and being in the County of
Brevard, State of Florida, to wits
Property Appraiser's Parcel Id. No. 24 37 15 00 750 (Portion)
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT to taxes for the year 1989 and eubseguent years.
SUBJECT to the following easements and restrictions of record; provided,
however, nothing contained herein shall be deemed to reimpose the same:
Drainage Easement as described in instrument recorded in Official
Records Book 239, page 179, Public Records of Brevard County, Florida;
Easements in favor of the City of Cape Canaveral as described in
instruments recorded in Official Records Book 782, page 143 and
Official Records Book 1019, Page 83, Public Records of Brevard
County, Florida; and
Reservations in favor of the Trustees of the Internal Improvement
Fund as described in Deed recorded in Deed Hook 438, Page 547, Public
Records of Brevard County, Florida.
And the Grantor does hereby fully warrant the title to the land. and will
defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has executed this instrument on the day
and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
FLORIDA )
) se:
COUNTY OF BREVARD )
CO, INC., a Delaware corporation'..
\A,
GEORGE H. RKINg JR., liRae
President
......
BEFORE ME, the undersigned authority, duly authorised by law to take oaths
and acknowledgments, personally appeared GEORGE H. FIRKINS, JR., as Vice
President, of CEVESCO, INC., a Delaware corporation, who after being first
duly sworn, acknowledged before me that he executed the foregoing instri s .nt':,
as such officer for the reasons and purposes therein expressed.
WITNESS my hand and official seal in the county and state
on this Mai day of May, 1989.
My commission expires:
1397p/54p '•'it" t::=t.. :NYE W rtsCht
to um :7 MOO
%wilii24417 &AM -
Notary Public
QFC. REC.
2995
(, i'.
•
SURVEYORS DESCRIPTION
A portion of Section 15. Township 24 South, Range 37 East. lho Cily of Cape Canaveral.
Onward County, Florida, more particularly described as follows:.
Commonce al the southeast corner of said Socflon 15; chance NO0°50'541W along rho east
line 0 Soclion 15, for a distance of 639.60 feet, to the most northerly, corner of lands doscribed in
Official Record Book 1763, Page 768, of the public records of Brevard .County, Florida, being the
paint of beginning; thence continuo N00°50 54 'W. along said oast line. for a distance of 1059.961001
to a point an the south right of way line of Central Boulevard, an 80,00 loot undedicated right of way:
thence N89°3031 "W, along the said south rig11 al way line, for a dislanco of 1 19:73 feel, 10 a point
of curvature of a curve concave to the northeast having a radius o1440.00 feet: lhonc0 northwostery
along the are of said curve, and the said south tight of way line, through a contra! angle 0119°4054",
an arc distance o! 151.15 fee!. to a point on the easterly line of land described in Official Record
Book 941. Page 372, of the public records of Steward County, Florida; thence the following two (2)
courses and distances along said easterly line: (1) Sgt°0749"W. for a distance of 587.12 loot: (2)
S52°3T50'W, fora distance of 253.98 loaf. to a point on the northeasterly right of warline of State
RoadA•1•A. (formerly State Road 401) a 100.00 foot right of way; thence S7422211"E, along said
northeasterly right of way line. lora distance of 729.78 foot. to a point on the northerly line of land
described in said Official Record Book 1763, Page 768: thence N52°37'49"E, along said northorly
line, for a distance of 319.52 (eel to rho point of beginning.
OFR REC.
2995
'PAGE'
Exhibit "A" 3725
4.4C, •,0
250
Ordinance No. 08-2019 - Land Use Plan
AERIAL VIEW OF SITE
LEGAL DESCRIPTION OF SITE:
A PORTION OF SECTION 15, TOWNSHIP 24
SOUTH EAST, THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FL
PARCEL ID: 24-37-15-00-815
TOTAL ACREAGE:12.44 AC
ADJOINING DEVELOPMENTS:
NORTH: ASTRONAUT PROPERTIES LLC (c-2 ZONING)
WEST: S.R.
EAST: SUPRA COLOR ENTERPRISES INC. (C-1 ZONING)
SOUTH: MANGO MANOR MOBILE HOME PARK LLC /
CAPE CANAVERAL MOBILE ESTATES LLC (R-2
ZONING)
STORM WATER MANAGEMENT:
PHASE 1 FALLS WITHIN EXISTING STORM WATER
MANAGEMENT PLAN AND WILL REQUIRE NO
ALTERATION.
PHASE 2 WILL REQUIRE ALTERATIONS TO STORM
WATER MANAGEMENT PLAN SUBJECT TO ALL
RELEVANT PERMIT REQUIREMENTS.
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El14,atAGd:',T;','.91'44„
FL License: AA2600:884
Mailing Address:
424 E. Central Blvd. #54.2
www.eClev'encinIrciLdt=re.com
Physical Address:
loll E. Colonial Dr. #307
Orlando, FL 32803
407-745-53o.
REVISIONS
# DATE DES' I
PROJECT NAME:
8550 Astronaut Blvd.
Cape Canaveral, FL 3292o
ENGINEER:
iErEVCHEITNTARCH IT ECTU R E
SITE PLANNER:
ELEVEN:8 ARCHITECTURE
SURVEYOR:
ALLEN ENGINEERING, INC.
APPLICANT:
CAPE CANAVERALJOINT
VENTURE
DATE: DRAWN BY:
25JAN 2ot, JCA, EP
JOB NAME: ,C,f,i,ECK ED BY:
s—ce" Aioi