HomeMy WebLinkAboutOrdinance No. 02-2008ORDINANCE NO. 02-2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL
SCALE FUTURE LAND USE MAP AMENDMENT BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION
OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES
MORE OR LESS, GENERALLY LOCATED ALONG THE
NORTH SIDE OF SHOREWOOD DRIVE AT THE
SOUTHWEST CORNER OF JETTY PARK IN CAPE
CANAVERAL, FLORIDA, AND MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A"
AND "B" ATTACHED HERETO, FROM "R -3 RESIDENTIAL"
TO "C -1 COMMERCIAL "; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section
163.3187(1)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing on February 27, 2008, in accordance with the procedures in Chapter 163, Part II,
Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and
advice of staff, citizens, and all interested parties submitting Written and oral comments and has
recommended adoption to the City Council; and
WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance
is in the best interests of the public health, safety, and Welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
City of Cape Canaveral
Ordinance No.02 -2005
Page 1 of 3
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions ofthe City
of Cape Canaveral Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Cape
Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibits " A " and "B" from "R -3 Residential" to "C -1 Commercial."' Exhibits
"A" and "B" are attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager
or designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(4), Florida Statutes, and section 9J -11, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by an court of
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competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section S. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty -one (3 1) days after adoption, in accordance with section
163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this
Ordinance, then this Ordinance shall become effective at such time as the Florida Department of
Community Affairs or the Administration Commission issues a final order determining the adopted
small scale Comprehensive Plan Amendment is in compliance. No development orders,
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
City of Cape Canaveral
Ordinance No.02 -2008
Page 2 of 3
Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status
of the City of Cape Canaveral Comprehensive Plan, as amended.
ADQ. -'ED - by':the' city Council of the City of Cape Canaveral, Florida this 2n y of
March, 0.
r - _ ROCKY RANDS S, Mayor
.A `•
• R F x..
r
MIA COXORTW, AC ti 'City Clerk
1 st Legal Ad published: March 8, 2008
First Reading: March 18, 2008
2nd Legal Ad published: February 23, 2010
Second Reading: March 2, 2010
Approved as to legal form and sufficiency for
the City f a e Canaveral only:
".07
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
For Against
Second
Motion
City of Cape Canaveral
Ordinance No.02 -2008
Page 3 of 3
C I�IPTION. .
NOT A BOUNDARY SURVEY
DESCRIP 770H OF EASEMENT-
EXHIBIT
A portion of Government Lot 1, Section 14, Township 24 South, Ronge 37 Eost, Breverd County, f7orido, being mare
particularly described as follows:
Commence of the !Northwest corner of said Government Lot 1; thence SQI'29'01 "E, along the West line of said
Government Lot 1, a distance of 260.06 feet, to the POINT OF BEGINNING of the herein described oorcek thence
N69'45'43"E, a distance of 24.3. feet; thence S0074'17 "E, a distance of 216.99 feet; thence 589 R W, a distance
of 239.05 feet, to a paint on the West tine of said Government Lot I; thence N01'2901 "V along the West line of sold
Government Lot 1, o distance of 217.04 feet, to the POINT OF BEGINNING; Containing 1.20 acres, more or less.
SUR VEYOR'S NOTES•
1. nws Is N o r A SURVE
2. The bearings shown are based on o beoring of S01'29'01 "E along the West line of
Covernmen t Lot 1.
J. 0 Oenotes o change in direction (no corner found or set).
SEE SHEET 1 OF 2 FOR 7HE SKETCH TO ACCOMPANY THIS DESCRIP TTON.
SHEET 2 OF 2 SURVEYOR'S CER 77RCA ]ION:
PREPARED BY. I hereby certify that the attached Property Description was prepared
under my direction, in accordance with all applicable requirements of
LLEN the "Minimum Technical Standards,"' for land surveying in the State of 4 ;
Florida, described in Chapter 61G17 --6. Florida Ad ❑ Code, z
n. 1 r 1 y I �, pursuant to Chap ter 472.027, Florid❑ Statutes. w
LLEN ENG EERING, 1
SURVEYORS - ENGINEERS �
108 DIXIE LAME (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932 --1321
TELEPHONE: (321)?83 FAX: {321 }783 --5902 Sy' _
Not vat id wi thout the sig EP C. B R
CERT7nCA TE OF AU7H R1ZA 770N if LB 266 and the original raised seal of a OF 551ONAL SUR W DR
Florido licensed surveyor and mapper. , MAPPER
- FL �lY' ��c RM' fRA :01 No. T22c
2. PREPARED AND CEP nr1ED FOR. -
1. TO M E REAL T INC.
JOB NO. 980129 DA Tt;.• 1,2-07 -07
a)
w
iYE RtV LINE OF G�1'k�ENF LQT t
Sri
PANT OF BEGINNING
R
w �
V
ON
C
:89'45'dfJT.
CANAVE PORT AE17WOR.�'.� �
SUBJECT PARCEL
1.20 ACRES 4-
S.89'45`49 V
PREPARED BY:
LLEN
i_ n ineerzn � InC
3
SURVEYORS -- EINGWEERS
106 ME UNE (P.O. BOX 32L32[}
COCOA BEACH, FIORtDA 32932 --1321
T£GEPHOINE: (321)783 --7443 FAX; (321 )783 -5902
CER77F7CA TE CF' AUTHMZ4 77ON , LB 266
3.
r.
DA TE. 12- 07--0 DRA PIN 8Y.• KSC
J08 N C: 980129.4 SCALE. 1 ` =50'
S KETCH TO ACCOMPANY DESCRIPTI
NOT A BOUNDARY SURREY
s
0
N
239.05'
CAFE CARME
SCALE: 1
4W
a sxs rs.a �a.a � saaa
GRAPHIC SCALE o�
SHEET t Of 2 p
SEE ' SHEE7 2 OF 2 FOR DESMP 770N,
SUR VEYOR'S CER 77F7CA 77ON AND SUR VEYOR'S 1tilXES,
PREP AND C Er? 77F7ED FD r?.
TowtvE REAL TY, lNc.
S KETCH TO ACCOMPANY DESCRIPTI
NOT A BOUNDARY SURREY
SHE =T I OF I
� R
A PORTION OF
GOVERNMENT LOT 1,
SECTION 1 4, TOWNSHIP 24
SOUTH, RANGE 37 EAST,
BREVARD COUNTY, FLORIDA,
MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHEAST
CORNER OF SAID
GOVERNMENT LOT 1;
THENCE RUN S01'29'01 "E
ALONG THE EAST LINE OF
SAID GOVERNMENT LOT 1
500.12 FEET TO A - POINT
ON THE NORTH RIGHT OF
WAY LINE OF SHOREWOOD
DRIVE; THENCE RUN
S89'45'43 "W ALONG SAID
NORTH RIGHT OF WAY LINE,
65.02 FEET TO A POINT
66.00 FEET PERPENDICULAR
DISTANCE TO THE
AFORESAID EAST LINE OF
GOVERNMENT LOT 1-
THENCE RUN N01 W
PARALLEL WITH AND 66.00
FEET PERPENDICULAR TO
SAID EAST LINE OF
GOVERNMENT LOT 1, 500.12
FEET TO A POINT ON THE
NORTH LINE OF SAID
GOVERNMENT LOT 1;
THENCE RUN N89'45
ALONG SAID NORTH LINE,
66.02 FEET TO THE POINT
OF BEGINNING.
SAID LANDS CONTAINING
33,008 SQUARE FEET
(0.758 ACRES) MORE OR
LESS.
N 89'45' 43"E POINT OF
NOT PLATTED 66.02 NORTHEAST
NORTH LINE OF CORNER OF I r 80�'S9 LOT 1
GOVERNMENT LOT i GOVERNMENT
66.00'
NOT PLAITED
8 3. 5�'' NORTH RIGHT OF WAY LINE OF
SHOREWOOD DRIVE
1n SH OR EWOOD D RI VE S89'45'43"W
v
66.00' RIGHT OF WAY .
o OR 3482 PG 369
OR 3587 PG 2167
GRAPHIC SCALE
0 50 100 200
IN FEET
I INCH m 100 FEET
&A 1 L E G G
I'VALER
0 = CHANGE OF DIRECTION
OR= OFFICIAL RECORD BOOK
PG = PAGE
Cerincate of Authori_a:lon LA. 6580
L.GHti i Ip1AC5144 -40170 AWa SXD.DWC 3r0/d by
56.00' -
I MO'Y C`r 7WAT M 9Wi WUl W WNUM
1ECMC& WANOMM AS W Fb Y '!" r4t FAA GOAM C
9XVIVEMS :&D "PKn a C-AWO SIG17 -4.
FUMA � JIAl. CSC': FVAWANI i1] = 472477.
n.mA s AT=
axTM M 20%1 DAY V D=.W-a 7= �&o.
RALPH Tr3OMAS SNOW
PEAL StrAVEMOV AND 1AwPEER
s�Alt OF nMDA i EMMARM Na. 5ai
NO T �
OWSMCF & FLMDA LK:D(SM SURVLY%-A A.4D
rfis SKETCH OCES NOT REPFM�T A WHMAR r SURr
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04-00170 ASKD -001
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NOT PLATTED
m
c
�'�'
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C a
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0
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z
REMAINDER
N07 PLATTED
0
66 -00
8 3. 5�'' NORTH RIGHT OF WAY LINE OF
SHOREWOOD DRIVE
1n SH OR EWOOD D RI VE S89'45'43"W
v
66.00' RIGHT OF WAY .
o OR 3482 PG 369
OR 3587 PG 2167
GRAPHIC SCALE
0 50 100 200
IN FEET
I INCH m 100 FEET
&A 1 L E G G
I'VALER
0 = CHANGE OF DIRECTION
OR= OFFICIAL RECORD BOOK
PG = PAGE
Cerincate of Authori_a:lon LA. 6580
L.GHti i Ip1AC5144 -40170 AWa SXD.DWC 3r0/d by
56.00' -
I MO'Y C`r 7WAT M 9Wi WUl W WNUM
1ECMC& WANOMM AS W Fb Y '!" r4t FAA GOAM C
9XVIVEMS :&D "PKn a C-AWO SIG17 -4.
FUMA � JIAl. CSC': FVAWANI i1] = 472477.
n.mA s AT=
axTM M 20%1 DAY V D=.W-a 7= �&o.
RALPH Tr3OMAS SNOW
PEAL StrAVEMOV AND 1AwPEER
s�Alt OF nMDA i EMMARM Na. 5ai
NO T �
OWSMCF & FLMDA LK:D(SM SURVLY%-A A.4D
rfis SKETCH OCES NOT REPFM�T A WHMAR r SURr
P*2. r pm r" "'L
04-00170 ASKD -001
�FLORID.A
TODAY
Published Daily
STATE OF FLORIDA
COUNTY OF BREVARD
Before the undersigned authority personally appeared KATHY CICALA who on
oath says that she is LEGAL ADVERTISING SPECIALIST
of the FLORIDA TODAY, a newspaper published in Brevard County, Florida;
that the attached copy of advertising being a LEGAL NOTICE
(AD#276653-$865.80) in the matter of
CITY OF CAPE CANAVERAL
The Court
ORDINANCE NO.02-2008
was published in the FLORIDA TODAY
in the issues of FEBRUARY 17TH , 2008
affiant further says that the said FLORIDA TODAY
is a newspaper in said Brevard County, Florida, and that the said newspaper has
heretofore been continuously published in said Brevard County, Florida, regularly as
stated above, and has been entered as periodicals matter at the post office in
MELBOURNE in said Brevard County,Florida,for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publication in
said newspaper.
,,,
igna i e f Affiant)
Sworn to and subscribed before this frreofNothslk)
1$ DAY OF FEBRUARY,2008
> 1
g. , JODI L.KILPATRICK
l•
MY COMMIDD
SSION# 441639
IXPIRFS:August 21,2009
)44 YNo-m y FI.Notary Discount Assoc.Co.
JODI L.KILPATRICK
(Name of Notary Typed,Printed or Stamped)
Personally Known V or Produced Identification
Type Identification Produced
r
NOTICE OF A
SMALL-SCALE COMPREHENSIVE PLAN
FUTURE LAND USE MAP AMENDMENT
Notice is hereby given that the City of Cape Canaveral
Planning and Zoning Board, acting as the Local Planning
Agency, will hold a public hearing concerning this Small- ;
Scale Comprehensive Plan Future Land Use Map
Amendment on Wednesday, February 27, 2008 at
7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida.
di City of Cape Canaveral 40 ORDINANCE
Mg Future Land Use and NO.02-2008
Zoning Amendments AN ORDINANCE OF
[L, , '` THE CITY COUNCIL
x3n,
OF THE CITY OF
'. y { I11
il•w•
' ll � — CAPE
APE CANAVERAL,
'67.12':' Itii30;:iFLORIDA ,:
a. ADOPTING A SMALL
'' SCALE FUTURE
.— .t, • ii. , ' LAND USE MAP
•--"' = AMENDMENT BY
'1'373"T CHANGING THE
r'' o-. FUTURE LAND USE
_, : b i:--- MAP DESIGNATION
;= -- OF CERTAIN REAL
*; `o9"`i"Pk. -' PROPERTY
TOTALING 1.95
- - ACRES MORE OR
41411,
1/6
6
' " LESS, GENERALLY
LOCATED ALONG THE NORTH SIDE OF
SHOREWOOD DRIVE AT THE SOUTHWEST CORNER
OF JETTY PARK IN CAPE CANAVERAL, FLORIDA,
AND MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, FROM "R-3 RESIDENTIAL" TO "C-1
COMMERCIAL"; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION
INTO THE COMPREHENSIVE PLAN, AND AN
EFFECTIVE DATE.
The Ordinance may be viewed in its entirety in the City
Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL
32920 during regular working hours, Monday through
Friday, 8:30 A.M. to 5:00 P.M. Pursuant to Section
286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal the 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, 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 at(321)868-1221, 48 hours in advance
of the meeting.
fa
Susan Stills, CMC
N
City Clerk
ORIDA
TODAY
Published Daily
STATE OF FLORIDA
COUNTY OF BREVARD
Before the undersigned authority personally appeared KATHY CICALA who on
oath says that she is LEGAL ADVERTISING SPECIALIST
of the FLORIDA TODAY, a newspaper published in Brevard County, Florida;
that the attached copy of advertising being a LEGAL NOTICE
(AD#281326 5646.20) in the matter of
CITY OF CAPE CANAVERAL
The Court
ORD.02-2008
was published in the FLORIDA TODAY
in the issues of MARCH 22ND, 2008
affiant further says that the said FLORIDA TODAY
is a newspaper in said Brevard County, Florida, and that the said newspaper has
heretofore been continuously published in said Brevard County, Florida, regularly as
stated above, and has been entered as periodicals matter at the post office in
MELBOURNE in said Brevard County,Florida,for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publication in
said newspaper.
(Si f Affiant)
Sworn to and subscribed before this 22ND DAY OF MARCH 2008
•
, •
JULIA A.BOWMAN
0"ra, Corm#DD0607280 1-of Notary Public)
•
=«.f; ': :rea 10/x/2010
y Assn.,Inc
-- - - JULIA A.BOWMAN
(Name of Notary Typed,Printed or Stamped)
Personally Known v or Produced Identification
Type Identification Produced
•
NOTICE OF A SMALL—SCALE
COMPREHENSIVE PLAN
FUTURE LAND USE MAP
AMENDMENT
Notice is hereby given that the City of Cape Canaveral
City Council, will hold a public hearing concerning this
Small-Scale Comprehensive Plan Future Land Use
Map Amendment on Tuesday,April 1, 2008 at 7:00 P.M.
in the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida.
city of cape canavera� ORDINANCE
Future Land
Zoning Amendments and NO. 02-2008
AN ORDINANCE OF
THE CITY COUNCIL OF
THE CITY OF CAPE
- CANAVERAL ,
___, FLORIDA, ADOPTING
A SMALL SCALE
FUTURE LAND USE
-t-^- MAP AMENDMENT BY
%MOOS...as CHANGING THE
FUTURE LAND USE
MAP DESIGNATION OF
... :rcafvNnq rW
""` CERTAIN REAL
PROPERTY TOTALING
1.95 ACRES MORE OR
LESS, GENERALLY
LOCATED ALONG THE
NORTH SIDE OF SHOREWOOD DRIVE AT THE
SOUTHWEST CORNER OF JETTY PARK IN CAPE
CANAVERAL, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ON EXHIBITS "A" and "B" ATTACHED
HERETO, FROM "R-3 RESIDENTIAL" TO "C-1
COMMERCIAL" PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESO-
LUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, AND AN EFFECTIVE
DATE.
The Ordinance may be viewed in its entirety in the City
Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL
32920 during regular working hours, Monday through
Friday, 8:30 A.M. to 5:00 P.M. and may appear at the
meeting and be heard with respect to the proposed
Ordinance. Pursuant to Section 286.0105, Florida
Statutes, the City hereby advises the public that: If a
person decides to appeal the 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, 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 at (321) 868-1221,
48 hours in advance of the meeting.
Susan Stills, CMC
City Clerk
p