HomeMy WebLinkAboutRezoning request 85-04 CITY OF CAPE CANAVERAL, F
LL2Rj2VCRMLMED AUG 87
DATE FILED__Z- )LV-S FEE PAIDZIZ REQUEST NO.
�L__
REQUEST FOR: REZONING ADMINISTRATIVE APPEAL
SPECIAL EXCEPTION VARIANCE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
LEGAL DESCRIPTION OF PROPERTY AFFECTED:
LOT BLOCK SUB.DIV. SEC. 15 TWP.�4__SRNG -j7 E
NATURE OF REQUEST" (Insure that the specific section (s) and paragraph(s) of
the Zoning Ordinance are cited that allow and support the request. )
PARCEL #1 (12 acres)
Request a than e in zoninal ami fieri ori frrQ M-1 tQ C-1 tn allrw
construction and operation of a ccrmx--rcial shoppin2 center
See attached legal description and survey.
PARCEL #2 (3 acres)
Request a change in zoning classification from M-1 to C-1.
See attached leg_,al description and survey.
STATEMENT OF FACT: State Of Florida —, County Of Brevard
I, John J. Kabboord, as Trustee , Being first duly sworn, depose and say that:
I am the owner.
XX I am the owner's designated agent, and the owner is:
Name- 1=1 SCO I INC.I Phone Number 783-3116
Address 211 Caroline Street City Cape. Canaveral Zip 32920
Applicant's Name (owner or agent) JOHN J. YI\BBOORD
Address 3201 N. Atlantic Avenue City Cocoa Beach Zip 32931
Home Phone # 784-0114 Business Phone 783-2218
784-1234
All answers to questions contained in this request and all sketches and data
made a part of this request are honest and true to the best of my knowledge
and belief.
The undersigned applicant fully understands this request form and acknowledges
that it must be completed before the application will be processed. Further,
the applicant has been advised that this request must be returned to the
Building Official by 5;00P.M. on January 10, 1985 in order for
this item to be considered at the Planning and Zoning Board Meeting on
Janu4=_ 23, 1985 The applicant also acknowledges receiving
a copy ,t-�f Section # of Zoning Ordinanq' 42-83o
Sw�-
r.n. co andsubscribed before
ple t))Ui -----day 0fA10LV_U.G
IF
(a C7 El if� en rj�
nature of Applicant/ � J. KABBOOR
h�,Jy, 2J, i9f,?8 Agen/t as Trustee
LAVA
a. ftu Ii c, Statf Florida
- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
FOR OFFICE USE ONLY
Notice of Public Hearing Published in newspaper on
Notice to applicant by Certified Mail Reg. No._on_by—.
Notice posted on Bulletin Board on by
Notice posted on subject property on by
Property
Property owners within 500 fet. radius notified on by
- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -
*Any fee waived must have a statement from granting authority.
"Attach separate sheet of paper if more space is needed. Date & sign.
REQUEST
---------------------------------��I(I"I'M OF 1,LMED-^------------AUG-----87------------------------
BmLozmG OFFICIAL ENDORSEMENT North South East west
I. Zoning Amendment Contiguous Zoning
(Sec. 647)
G47) ------' ---- ---- ------
z. Variance Contiguous Zoning
(Seo' 645.25) ------ ----- -___ ______
Contiguous oaeo
3. Special Exception Contiguous Uses
(Seo' 045,21/23 ----- ----� ---- ------
4. Administrative Appeal Sem attached statement.
(Sec. 645'19)
Date interpretation given to applicant:
------------------------------------------------------------------------------
oVmSIoEaarzVm
Setbacks
Land M x min Min Ma)� Size
S/St lCover Mgt Uni Lot Units Parcel
Zone Standard
equested
_____________________________________________________________________________
xoozzzomuL RorEnomCua
Zoning Applicable This Request
SUBJECT Ord. Sec. Yes No
Parking 639.01
Loading Zones roueu 639'03
Setbaoks (Ridgewood-aza-Astronaut) 639.17
Landscaping 639.43
Non-Conforming
stzootozes 643.05
Laud m Uses 543'07
-----------------------------------------------------------------------------
AoozzzOmAL NOTES
zo any morrmunity =bipu is experiencing growth it can be expected that some adjcmtneots
to the original analysis will be warranted so as to better serve the needs of the
omnmunity.
Date JAN. 21, 1985
Rev. 7-84
RECOMMENDATIONS OF PLANNING AND ZONING BOARD
REQUEST #
A41H MED, 87
1. A Public Hearing was held on /13 0 f
S
at
�(dt�Ve) (time)
2. Action taken:
Recomme,nd approval.
_Recommend disapproval.
—Request postponed.
—Request is tabled until at
(date) (time)
which time this meeting will reconvene.
—Request returned to applicant for additional information.
Request withdrawn by applicant.
3. The factual basis upon which the Planning & Zoning Board decision was
rendered is as follows: (reference 645.25 for Variances; 645.21 and
645.23 for special Exceptions; and 645.19 for Adminstrative Review)
kUld LL�0-0
.),C�d_ VZ Cv+1V1?A1J)Lj?,j 161?,4116 U.'JE, 0
j 1 C
Date
iffha:[rmajn, Planning & Zoning Board
Rev. 7-84
42
AflCfZ0F1,LMED AUG 87
LAII CF11C.5 01
WOLFE KIRSCHENBAUM CARUSO MOSLEY KABBOORD, P'.A.
505 NORTH ORLANDO AVENUE
POST OFL,ICE BOX 757
GLASS DANK BUILDING
Cowl BIPACii, FLORIDA 322931
FRANK M WOLFE (305)783-22 8 BRUCE W JACOBUS
MALCOLM R. KIRSCHEN5AUNI FREDERICK W, RICHARDS
JOE TEAGUE CARUSO J. RODNEY RIUNYONS
CURTIS R, MOSLEY MICHAEL M, M WALLIS
JOHN J. KAeaOOR0,JR. HARRY C. GREENFIELD
JACK A. KIRSCHr-NBAUM February, 15, 1985 JAMES W, PEEPLES III
LAURA ANN GIAMPOLO
GUY B, WINDSOR
R-E
Joseph Scott, Esquire
City Attorney
105 Polk Ave.
Cape Canaveral, Fl, 32920
Re: Cevesco/ Kabboord Rezoning Petition Filed Janaury 9, 1985
Dear Joe:
Pursuant to our conversation in connection with the above referenced
rezoning petition, this will evidence my formal request as petitioner
to withdraw the subject rezoning petitions from further consideration,
in order that any future request of a similiar nature will not be
precluded within the next two years should the Council formally reject
the petition.
Thank you for your assistance in this regard.
Best Persc'�al Regards,
iohZ,, J. Kabboord, Jr.
JJK:nl
cc:John J. Kabboord, Sr.
David Kabboord
„ r
r” CRY of Cape Canaveral
105 P'OLK AVENUE . P.O. BOX 326
CAFE CANAVERAL, FLORIDA 32:120
"TELEPHONE 305 783-1100
% fie Jf
January 23, 1985
1
' M R M 0 R AND U
ll
TO: Planning and Zoning Board
FROM: City Attorney
RR: REZONING REQUEST NO. 85-4, AS APPLIES TO THE
COMPREHENSIVE PLAN
I have been requested to reviews the applicability of the rezoning
of Request leo. 85-4 and ,its effect on the Comprehensive Plan.
After researching the issue, I have determined that Request No.
85-4 can be rez,oned if deemed appropriate ithout the requirement
to amend the Comprehensive Plan first. This, particular project
is a down zoning in that there is a proposed converting of -1 to
C-1 land. Since this use is more restrictive, it is a down
;coning and as such will not require the Comphrehensive Plan to be.
amended.
If you would like to discuss this with me further, please do not
hesitate to ask me.
,Joseph W. Scott
, City Attorney
YJWS j 1
l.U111I 11—1 YUti NHIL AIVL/YU IIt-I".>L
- MICROFILMED AUG 87 es seller',
,STIES ,. Fli!E=r Dc7 a
211 r'aml i m Strr>pt I, rape r'a�rat f rJ (Phone
.it 3203 111 Alantie 1, Ej (►hone 784-1234 1.
rreby agree Met the S«ler shall 901 and Buyw sh«I bur fo)lowing Property upon the following w,rrm law conditions WHI:H INCLUDE the Standards Fiat
•«Estate Transactions on the reverse hereof or attached hereto.h@ralnsftw referred 20 res'Standard ld".
DESCRIPTION.
18) Legal description of real estate("ProperM
("Property')located NI_ County,Florida:
See Attached Exhibit "A" Tiega1 Description made part hereof by this reference.
(b) Street address,if any.at the Property being Comeyed H '
(c) Personal property included:
NONE 381 g 11 S O.e0 �a
PURCHASE PRICE:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . y. . . . . . . . . . . . . . . . . . . .
PAYMENT
la) Depositle)to be hold In escrow by �M R r•ymy Ttil^ e
In the amours[of. .{ 5'0oo'00
(b) Subject to AND assumption of Mortgage In favor of
bearing Interest at %per annum and payable as to principal and
interest{ per,month.hating an approximate present Pfinclpal bateoca of. . . . . {
Ic) Purchase money mortgage and now,bearing Interest at %on terms set forth heroin below:In the
principal amount of . .. . . . . . . . . . . . . .. . ... ... ..... . ... ...
Idl Other e
ICI Balance to claw,(U.S.Cash,certified or ce«tlars check)subject to edjustmante and Proration*. . . . . .. . .� s
TOTAL . . . . .{
I INANCING If the purchase Siflce or any pert thereof U to be financed by a third party loan.this Contract for Sete and Purchase,(—Convect-)—a on
rrunal upon the Buyer obtaining a firm commitment for seal loan within days from dere hereof.@t an Interest rate not to exceed
term of Veers.end In the principal mount of{ Buyer agrees 10 milk@ application far,and to use reasonable dill
a
nce to obtain said loan Should Buyer fail to obtain same or to waive Buyer's rights hereunderwldlln war time,either party may cancel Contract.
day*from date of Convect,Seller*hall,at his expense.deliver 10 Buyer or Ms attorney,in accordance wren
7rtlf EVIDENCE,Withm� closing
andald A.either(CHECK) Up. or ):(1)abstract•or(2)title Inwunca eommltment with fp 0wner9 title policy or before
to b r 15,t 1984.
TIME FOR ACCEPTANCE AND EFFECTIVE DATE.If this offer is not executed by both of the parties hereto on or before
ro n0 void.The Bete of Contract('•E1}KLIW Date,,)
.10-M.0 deposits)shall tie,at the option of Buyer.returnedtohim and this offer_shell thereafter be hull a
.an be the date when the last one of the Seller and Buyer has signed this offer. See Exhibit f I IBI1 Addendum
CLOSING DATE�This transaction shell be closed and the dead and other Closing papers delivered on the '
ee ,unless extended by other provisions of Contract.
l RESTRICTIONS,EASEMENTS,LIMITATIONS:The Buyer shell take title subject to:Zoning,restrictions,prohibition*and other requirements imposed by
w
in- authority.(ys*riesiefa•e wasawpow-�ellre
Ut*
purchase moray mOrtg@gee.it Orly-
no, mortgages ical St11OW %1Q center
ovided,however,that none of the foregoing shall prevent use
of the PfOPertV for the PYfpDes Of
11. OCCUPANCY Seller repreants that there are no pwtles In occupancy other than Boiler,but N Property Is Intended to be rented or occupied beyond closing,
u tau and tartan thereof shall be stated herein,and the tonantls)shell be disclosed purtuent to Standerd G.S«ar agrees to deliver oceupeney o1 Property at
rte of cteniae otherwise specified below. 11 Ottupancy is to be delivered prior to c10*Ingr Buyer assume*all risk of low to Property from date of"cu
llosbing e responsible end liable Tor maintenance Mergt from said date,and Shall be deeroed to have accepted the Property.real and personal,in its existing
,ncy,shel
.nclawn as or time of taking occupancy unless Otherwise noted In wilting.
ASSIGNASI LIT Y:(CHECK ONE) Buyer Lpxaay esslgn❑mar not~.Contfest.
TYPEWRITTEN OR HANDWRITTEN PROVISIONS:Typewritten or handwritten provisions Inserted herein or attached hereto of Addenda shell control
printed provisions in conflict therewith. _
INSULATION RIDER-11 Contract is used for the sere of a now rH�ltl�►_ nncryep1n Insulationttr�otJ{Ider l rezoning a Okrf@_ e fee 1% p�•�+r.cvftr t(
ji. SPECIAL CLAUSES: 1•• 'L�11j3 Contract 18 oocl —�L �T-'- tiv ace of a Tl x'cial S1'►fin�`g Center.
3 Land Use classification allowing the construction and dratMose the closing date.
;eller agrees to allow Buyer to so rezone this propeM, m or by the reface•
2. Continued on the Exhibit BrBddendulnr made a F .
----------------
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD,SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
Copyright 1981 by The Florida Bar and the Florida Association of REALTORS
Ex tad by user on
ITNES (Tw r comms bu T required) (SEAL)
r Silveri as
ISEALI
00, CK
1 brerl
r E tad by Selleron�
IT NESSES (Two recommended but NOT required) I M. r
a Delaware a ?•'�
ISEALI
1 s (SEAL)
__ ISeperl
apo illsl under II 1&)received,if check,subject to clearance.
r.
(Escrow Agent)
ROKE RAGE FEE Seller&groes to pay the reglst*red rest estate Broker nomad below,at time of CflOafl^I�from
sea In etlbKtl p the Y e b theonts of Proceeds
*of B Buyer.r"dv.
vnsation In the amount of 1 A %of prow purchase price or S but not exceeding the
dlutg and able to purchase pursuant t0 the foregoing Contract.In the even[Buyer t [O perfOlm and CalIncluding
c s)I*repaid,b.thereof,
rpknr's dee above Wrnputed,shell be paid to the Broker,es full aonslderetfon for B k s at,the Seilern cossh it ta expanded
fee n u r toerrokerton demand. be
a I to Seller.it the transaction shall not be Closed beewse od fefusel or 1«lun of BsIW
'a,M, (SEAL)
(SEAL)
( «ler)
ptr• , )Nem o1 Br or)
+'I I/ � 1�• ISEALI
EXHIBIT "B" MICROFILMED AUG 87
Addendum Page 1
1. This Contract is eontingent.upon•the occurrence of the following
events and the continued existence of the same until the time of closing,
and if the events specified fail to occur or exist, then Buyer may terminate
this Contract and such termination shall not be a default of this Agreement:
A. A determination by Buyer that there are no surface or subsurface
conditions which would materially affect the cost of developing the
property for Buyer's use by increasing the normal cost of construction
and maintinaing the improvements. Buyer may, at its sole expense, through
its agents, servants, employees and engineers, enter into and upon the
property hereinabove described for the purpose of making such surveys,
maps, drawings and a collection of engineering data as it may in its
sole discretion require during the-period.of this Contract, provided
that Buyer shall cause no substantial or material damage to the property.
in the event this Contract is not closed, then Seller shall be furnished
with copies of all of the surveys, maps, drawings and engineering data
which has been developed by Buyer and shall be entitled to use that
information for future development of the property and Buyer shall
return the property to the same or substantially similar condition
as it was prior to execution of this Agreement.
B. The ability of Buyer to obtain proof satisfactory to Buyer
that electricity, gas, water, telephone, sanitary sewer and storm
drains are available to the boundaries of the property in amounts
and capacities sufficient to serve the property for development of
commercial buildings permitted by zoning of the property, without
payment of impacts fees other than customary hookup fees.
C. A determination by Buyer of the feasibility of Buyer's
proposed development.
D. The ability of Buyer to obtain proof satisfactory to Buyer that
the property has legal access to a public dedicated road.
Buyer shall use its best efforts to obtain the occurence of the
contingencies stated in this paragraph. In the event that Buyer desires
to terminate this Contract because of the failure of the events specified
in this EXaragraph to occur, then Buyer must notify Seller, in writing,
of t_hc. termination. If Seller does not receive written notificiation of
MICROFILMED AUG 87
termination within ninety (90) days from the date of this Contract, then
the contingencies shall be deemed to have occurred and Buyer shall have
waived any right to terminate pursuant to this paragraph.
However, should the above described events occur or favorably exist
or be obtained within said ninety (90) day period, but thereafter and prior
to closing cease to exist or be available, then and in that event, Buyer
may terminate this Contract, by written notice of same to Seller, and
Buyer shall thereupon receive the r6turn of its Earnest Mcney)Dbposit and
thereupon all parties shall be released of any and all obligations created
hereby.
2. In the event Buyer terminates this Agreement in accordance with
Paragraph 1 of this Addendum, then the Earnest Money Deposit held by the
Escrow Agent shall be returned to the Buyer.
3. Buyer hereby agrees that it will indemnify and hold harmless Seller
from all costs and expenses, including a reasonable,attorney Is fee,-arising
from claim, injuries or damages caused to persons or property by or on accournt
of the activities of Buyer, it's agents, servants or employees, pursuant to
this Agreement and Buyer agrees to defend Seller against any claim or suit
which may be filed against Seller on account of any such activity.
4. Upon acceptance of this Contract for Sale and Purchase, Buyer shall
have the right to erect a billboard on the subject property describing the
proposed Shopping Center and its plot plan and shall have the right to erect
additional signs describing the individual stores.
5. The Seller's sole remedy in the event of default by the Buver under
this Contract for Sale and Purchase is the retention of the aforementioned
Earnest Money Deposit.
6. Survey - Seller to provide a current ccuplete survey. The survey
referred to in Paragraph "D" of the Standards for Real Estate Transactions
of said Contract, shall meet the minimum technical standards set forth in
Rule 21 HH-6 adopted by the Florida Statutes Section 472.027 and shall be
certified to the Buyer, and Buyer's construction lender, the Buyer's per-
lender and the Title Insurance Company.
7. All notice required pursuant to this Contract shall be delivered in
wr.ting to:
2 -
MICROF:IL MED ALIG 87
BUYER: John J. Fabboord, Sr.
3201 N. Atlantic Avenue *.
Cha Beach, Florida 32931
Carly Copy: John J. Kabboord, Jr., Esquire
505 N. Orlando Avenue
Post Office Box 757
Cocoa Beach, FL. 32931
Witnesses:
INC., a Delaware corporation
�
�. '
4 . AAJ
"Seller"
Ll
8. This transaction shall be closed on or before 180 days after the
full execution hereof by all parties, or thirty days after final rezoning,
whichever occurs first.
LEGAL DESCRIPTION MICROFILAED U ' "
(Parcel North of Coffmerce St. 6 East of SR 401)
A portion of Section 15, Township 24 South, kange 37 East, Brevard
County, Florida more particularly'described as follows: Commence at the
Southeast corner of said Section 15; Thence N 890 27' 20" W. along the
South line of said Section 15, for a distance of 1135.16 feet; Thence
N 070 32' 40" E, along a fine at right angles to said South line, for a
distance of 1559.97 feet to a point on the Northeasterly right of way
line of S.R. 401 (A-1-A), a 100.00 foot right of away; Thence N 37°1 21110'1W,
li
along said Northeasterly right of way ne, fora distance of 25.00
feet to the Point of inning; Thence continuo N 370 21' 10" W, along
said Northeasterly right of way line, for a distance of .395.21 feet to
a point of curvature of a curve to thk right having a radius of 25.00 feet;
Thence Northerly and Easterly, along the arc of said curve thru a central
angle of 1000 00' 00", for a distance of 43.63 feet to a point of tangency
of said curve; Thence N 620 38' 50" E, for a distance of 125.22 feet ,o a
point of curvature of a curve to the right having a radius of 280.00 feet;
ThaKe t sterly, along the arc of said curve thru a control a le of
460 30' 000, for a distance of 237.0,2 feet to a point of to y a said
curve; Thance S 680 51" 10" E. for a distance of 2113.02 feet to a paint of
curvature of a curve to the right having a radius of 25.00 foot; Thence
Southeasterly and t s ly, along the arc of said curve thru a central
e le of W 00' ", for I distance of 34.27 feet to a point of
tangency
of said curve; Theme 5 210 08, 50" W, for a distance of 122.58 feet to a
r
1nt of curvature of a curve tot right having a radius of 150» f t;
'Ince Southwesterly, al t arc of id curve t a central le of
3 30' 00", for a distance of 82.47 feet to a point Of tongOMY of said
curve; Theme S 520 38' 50' W. for a distance of 232.71 feet to a point
of curvature of a curve to the right having a radius of 25.00 feet; Thence
Southwesterly and Northwesterly, along the arc of said curve thru a
central angle of 00' ', for a distance of 39.27 feet to the Paint
of Beg Inning, (Containing 3.520 acres more or less.
Brevard Engineering Company
Cape. Canaveral, Florida
7 June 76 Job No. 76025-X-1
T�9
MICR(I)FILMED AUG 87
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stottler stagg & assoc6ites ale
architects eVnws p6rners inc.
866o astmnais blvd.cape cavveral fla.3n2o
a AM sictiller slagg e. assuclites MCROF'"ILMED Al'.JG 87
architects engineers planners it)(:
em so - qeofuio - inatvioijo w—,
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LEGAL OES(*IPTIUN
(Parcel South Of IBM and East of SK A-1-A)
A portion of Section 15, Township 24 South, Range 37 East, the City of
Cape Canaveral, Brevard County, Florida more particularly described as
follows. — )', 11
Commence at the Southeast corner of said Section 15; thence NUU05U'54"w,
along the East line Of Said Section 15, for a distance of 63,9.6U feet to the
most Northerly corner of lands described in.Ufficial Records book 1763 at Page
768 of the Public Records of Brevard County Florida being the
Point-of-beginning; thence contilnue NOU'5U54"W, along said Last line, for a
distance of 1060.OU feet to a point on the South right of way line of Central
boulevard, an 80.0 foot undedicated right-of-way; thence N89"23'00"'W, along
said South right of way l,iine, for a distance of 118.28 feert—o a point of
curvature of a curve to the right having a radius of 44U.UU, feet; thence
westerly, along Said South right of way line and the arc of said curve thru a
central angle of 19*37'55", for a distance of 15U.76 feet to a point on the
Easterly line of lands described in Official Records book 941 at Page 372 of
the Public Records of Brevard County Florida; thence the following two (Z)
courses and distances along said Easterly line* (1) S21*Ub'!)U'1W, 587.10 feet;
(Z) s$Z-3d'5ul-W, for a distance of 253.96 feet to a point on the Northeasterly
riynt of way line of State Road A-1-A, (furinerly State Road 4UI) a 1U0.UU toot
right of way; thence S37021'10"E, along said Northeasterly right of way line,
for a distance of 729.15 feet to a point on the Northerly line of lands
described in said Official Record Book 1763 at Page 768; thence N52038'5U"L,
along said Northerly line, for a distance of 318.U4 feet to the Point of
,Beyi nni ng.
Containing 12.382 acres more or less.
Stottler Stagg & Associates
Cape Canaveral, Florida
5 ues: 84 Job No. 84242
S6/LEVSIBM
MICROFILMED AUG 87
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architects engineersniers inc.
P�
' 8660 WOWblvd.Cape Canaveral fla.32920
MICROF11 MED AUG 87
LEGAL DESCRIPTION
(Parcel North of Commerce St. & last of SR 401
A portion of Section 15, Township 24 South. Range 37 East, Brevard
County, Florida more particularly'described as follows: Commence at the
Southeast corner of said Section 15; Thence N 890 27' 20" W. along the
South line of said Section 15, for a distance of 1135.16 feet-, Thence
N 000 321 40" E. along a line at right angles to said South line, for a
distance of 1559.97 feet to a point on the Northeasterly right of way
line of S.R. 401 (A-1-A), a 100.00 foot right of, way; Thence N 3P 21 '10"W,
along said *Northeasterly right of way line, for a distance of 25.00
feet to the Point of Beginning"; Thince continue N 370 21' 10" W, along
said Northeasterly right of way line, for a distance of 395.21 feet to
4 point of curvature of a curve to thk right having a radius of 25.00 feet;
Theme Northerly and Easterly, along the arc of said curve thru a central
angle Of 1000 00' 00". for a distance of 43.63 feet to a point of tangency
of said curve; Thence, N 620 381 50" E, for a distance of 125.22 feet to a
point of curvature of a curve to the right having a radius of 280-00 feet;
Theft* Southeasterly. Along the arc of said -,curve thru a central angle of
W 301 00", for a distance of 237.02 feet to & POW Of to of said
curve; Thence S 600, 51, 10* E, for a distance of 203.02 feet to a point of
curvature of a curve tot right having a radius of 26.00 foot; Thence
Southeasterly and Southmterly. &long the arc Of 3614 curve thru a central
Mills Of Ww 00' 00% for @ distance of 39.27 feet to & point of to
of said curve; Theme S 219 08' SW W, for a dist&ftg of 122.58 feet to a
rint of curvature of a curve to the right having a radius of 1150.00 feet;
,hIRCO SOuthwastorly, along the arc of sold curve, thru a central &"I# of
31 301 00', for a distance of 82.47 feet to a point of tang of said
curve; T S 520 38' SV W. for a distance of 232.71 feet to a point
of curvature of a curve to the right having a radius Of 25-00 foot; Thence
Southwesterly and Northwesterly, Along the arc of said curve thru a
central angle of 900 oo, 000, for a distance of 39.27 feet to the Point
of Beg Inning. Containing 3.520 acres, more or less.
Brevard Engineering CW"ny
Cape Canaveral, Florida
7 June 76 Job No. 76025-X-1
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MICROFILMED AUG 87
ORDINANCE NO. 20-84
AN ORDINANCE AMENDING CHAPTER 630, "ZONING
REGULATIONS" OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
SECTION 632.01 BY REDEFINING "HOTEL", AMENDING
SECTION 637.45 BY INCLUDING C-1 IN THE FIRE
DISTRICT; AMENDING SECTION 638.01 BY INCLUDING
M-1 IN THE FIRE DISTRICT; REPEALING SECTION
645.05 IN ITS ENTIRETY AND SUBSTITUTING
THEREFORE NEW SECTIONS *645.04, "APPLICATION
FOR BUILDING PERMIT", AND 645.05, "SITE PLAN
SUBMITTAL AND REVIEW PROCEDURES"; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
i' SECTION 1. Section 632.01, "Definitions", .}9,.hereby
amended by repealing the definition of "Hotel" in its entirety
and replacing it with the following:
i
Hotel - A building in which lodging is provided and
offered to the public for compensation, and in which
ingress and egress to and from all rooms are made
through an inside lobby or office supervised by a i
person in charge at all times. In no event shall the
number of efficiency units or units with kitchen
facilities exceed a maximum of twenty-five (25)
percent of the units per building. There shall be
a minimum of six (6) guest rooms per building, in-
tended or designed to be used, or which are used,
rented or hired out, to be occupied or which are
occupied, for sleeping purposes by guests.
i
SECTION 2. Section 637.45, "C-1 Low Density Commercial
District" is hereby repealed in its entirety and replaced by
the following:
637-.45 C-1, LOW DENSITY COMMERCIAL DISTRICT
i
The provisions of this district are intended to
apply to an area adjacent to major arterial streets
and convenient to major residential areas. The
types of uses permitted are intended to serve the
consumer needs of nearby residential neighborhoods j
as well as the commercial needs of the motorist.
Lot sizes and- other restrictions are intended to
reduce conflict with adjacent residential uses and i
to minimize the interruption of traffic along I
thoroughfares. All buildings in this district shall
be considered in the fire district as per the i
a definition in 632.01 and built in conformance with
the rules and regulations of fire districts.
SECTION 3. Section 638.01, "M-1, Light Industrial and
j
Research and Development District", is hereby repealed in its
entirety and replaced with the following
ORDINANCE NO. 20-84
r PAGE 1 OF 6 I
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*Amended on;,Second Reading
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m I C,R(I 1iFF1i,1,1,MED A1,JG 87
LAW OFFICES 01
WOLFE, KiRsCHENBAUM, CA-RUSO, MOSLEY KIBBOOIRD, P.A,
505 NORTH ORLANDO AVENUE
POST OFFICE BOX 757
GLASS BANK BURLDING
COCOA BBAcH, FLORIDA 32931
FRANK M.WOLFE (30S)783-2218 BRUCE W.JACOBUS
MALCOLM R. KR5CHENBAUM DONNA M.WANBEWSKI
JOE: TEAGUE CARUSO FREDERICK W. RICHARDS
CURTIS R. MOSLEY J. RODNEY RUNYONS
JOHN J. KABBOORD, JR. January 9, 1984 MICHAEL M. M. WALLIS
,JACK A. KIRSCHENBAUM, HARRY O. GREENFIELD
JAMES W PEEPLES HI
LAURA ANN G;AMROLO
Planning and Zoning Board
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL. 32920
In Re: Board of Adjustment Petition/Rezoning
TO 1�11CM IT MAY CONCERN:
With regard to the above referenced matter enclosed please -Find our
check in the amount of $100.00, which sum represents the filing fee
together with our application for rezoning.
Please contact me at the above address should you haveany questions.
Sincerel"y'
dOdN J. KA0,30ORD, JR.
JJK:llg
Enclosures (a/s)
P.S. Also enclosed for your reference is a copy of two Contracts for Sale
and Purchase relative to the property which is the subject to the rezoning
reo uest. Each of the Contracts contains the authorization from the owner
to allow Buyer to rezone the property.
io f Cape �t. v ral
y 17
1.05 POLK AVENUE • CAFE CANAVERAL• �'"L.OMDA 32920
''„ , 'YG µ TELEPHONE :05 783.1100
WY OF October 25, 1982
CAPE WAVE€
Today Newspaper
P .O. Box 1330
Cocoa, FL 32922
Attention: Legal Advertising
Gentlemen:
Please publish the attached "Notice of Public Hearing"
for one day only on Thursday, October 28, 1982 and provide
an affidavit as proof of ad.
Sincerely,
Patricia J. Beaul
City Clerk
PJB/j l
Attachment