HomeMy WebLinkAboutOrdinance No. 03-2008ORDINANCE NO, 03 -2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING
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 PARKIN
CAPE CANAVERAL, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBITS "A" AND 66 11" ATTACHED HERETO, FROM
"R -3 MEDIUM DENSITY RESIDENTIAL" TO 11 C -1 LOW
DENSITY COMMERCIAL"; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of
the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the owner of the Property subject to this Ordinance submitted an application
to the City seeking to have the Property rezoned from R -3 Medium Density Residential to C-1 Low
Density Commercial; and
WHEREAS, section 110 -34(d) of the City Code provides that the City may approve a
rezoning subject to restrictions provided such restrictions do not confer any special privilege upon
the owners of the Property that would otherwise be denied by the City's land development
regulations in the same zoning district; and
WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of
this Ordinance at the February 27, 2008 Planning and Zoning Board meeting with the condition that
a certain portion of the Property be restricted to recreational amenities and parking; and
WHEREAS, the owner of the Property consents to the use restrictions set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public
hearing on the proposed zoning change 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 finds the requested zoning change, along with
City of Cape Canaveral
Ordinance No. 03 -2408
Page 1 of 4
the use restrictions set forth herein, consistent with the City of Cape Canaveral Comprehensive Plan
and that sufficient, competent, and substantial evidence supports the zoning change set forth
hereunder; and
WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Cape Canaveral, Florida.
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 herein by this reference.
Section 2. Zoning Map Amendment. That the Official Zoning Map ofthe City of Cape
Canaveral, as described in City of Cape Canaveral Code Section 110 -246, is hereby amended to
include a change of classification from "R -3 Medium Density Residential" to "C -1 Low Density
Commercial District" for the real property depicted and legally described on Exhibits "A "and "B,"
which are attached and incorporated herein by this reference.
Section 3. Restrictions of Rezoning.
A. Restrictions imposed. Pursuant to the authority set forth in section 110 -34(d) of the
Cape Canaveral Code of Ordinances, the City Council hereby restricts the use of the real
property depicted in Exhibit "A" ( "Restricted Property ") to the following:
1. Recreational amenities.
2. Parking.
Any use of the Restricted Property other than those specifically enumerated herein, shall be
prohibited.
B. Special exception for alcoholic beverages. Notwithstanding the use restrictions
imposed by this Section, nothing herein shall prohibit the owner of the Restricted Property
from submitting an application to the City for a special exception for on- premises sale,
dispensing, serving, storing or consumption of alcoholic beverages pursuant to section 110-
334(c)(6), Cape Canaveral City Code. If submitted, the City shall process the application in
accordance with law, and the application shall be subject to any applicable review criteria
set forth in the City Code. Further, nothing herein shall require the City to approve any such
special exception application.
City of Cape Canaveral
Ordinance No. 03 -2008
Page 2 of 4
C. restrictions to run with the land. The restrictions imposed by this Section shall run
with the land, without regard to transfer of ownership or other interests, and may be removed
only upon further amendment to the zoning classification of the Restricted Property and this
Ordinance in accordance with the procedures set forth in the Cape Canaveral City Code.
D. Official zoning maps to be updated. City staff is hereby directed to promptly amend
the City's Official Zoning Map upon the effective date of this Ordinance. Any such
amendment shall reference the use restrictions imposed pursuant to this Section.
Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of this
Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in the
Official Records of Brevard County, Florida.
Section 5. Repeal of Prior Inconsistent ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section G. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
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 7. Effective Date. This ordinance shall become effective immediately upon the
effective date of ordinance 02 -2008 as adopted by the City Council of the City of Cape Canaveral,
Florida. If ordinance 02 -2008 does not become effective, then this Ordinance shall become null and
void.
ADOE by the City Council of the City of Cape Canaveral, Florida, this 2" day of
March - IQ.
ATTEST:
Y
r r
MIA Go 0' RTH, .._W ity Clerk
First Reading: March 18, 2008
Legal Ad published: February 23, 2010
Second Reading: March 2, 2010
ROCKY RAND LS, Mayor
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
For Against
Motion
—X
_X
_X
Second
City of Cape Canaveral
Ordinance No. 03 -2008
Page 3 of 4
Approved as to legal form and sufficiency for
the City e naveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 03 -2008
Page 4 of 4
DE-S.C.RTPTION. - �
NOT A BOUNDARY SURVEY
❑ESCRIP 770M OF EA SEMEN T.
EXHIBIT
9
A
A portion or Government Lot r', Section 14, T ownship 24 South, Range 37 East, Brevard County, Florida, being more
perticularly described as follows:
Commence at the North west corner of sold Government Lot 1; thence S0129'01 T, along the West line of said
Government Lot 1, a distance of 260.00 feet, to the POINT OF BEGINNING of the herein described parcel; thence
N89'45'43 "E, a distance of 243. feet; thence 5007417 "E, a distance of 216.99 feet; thence 58.9 o distance
of 234.05 feet, to a point on the West line of said Government Lot 1: thence N01'29'01 "Y, along the West line of said
Government Lot 1. a distance of 217.04 feat, to the POINT OF' BEGINNING; Containing 1.20 acres, more or less
SUR VE - YOR'S ND 7ES:
1. M IS IS No A SU R vc Y,
2. The bearings shorn are based on a bearing of S0129'01 T along the West line of
Covernmen r Lot 1.
J. f ❑.notes a change in direction {no corner found or set },
SEE SHEET 1 OF 2 FOR 7NE SKETCH TO ACCOMPANY THIS DESCRIP 770N.
SHEET 2 OF 2 SURVEYOR'S CER 77F7CA 77DN:
PREPARED BY: I hereby cerl y that the attached Property Description was prepared
un der m y direct ion, in accordance with all applicable requiremen o r v
LEN the N Uinlmum Technical Standards, " far land surveying in the Stole of 4i
Florido, described in Chap ter 61 G17-- 6, Florida . ►dm � a Code, D
-- I pursuant to Chapter 472.027, Porida Statutes.
ngineering, Inc.
LLEN E.NG EE'RING, !�
SURV'DRS - ENGINEERS
106 DIXIE UNE (PA. BDX 32L321)
COCOA BEACH, FLORIDA 32932 -1321 �
TELEPHONE: {321} -7443 FKk. (321)"783 --5902 Not volid without the signo►ure J PN G. B R
77FICA Tc OF A U 7NG� ZA 77ON it L8 ,266 and the original raised seal of a . DF 5SIONA L SUR'� DR
. Florida licensed surveycr and mapper rLOa ; MIAPPEP A � ,r a c. 2 �
�ft .�C GI S $n Ji
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PP,EPARE'D AND CEP. 1 7 19ED FOR:
1, T0' E REAL TY INC.
JOB NO 980129 DATE. 12- 07--07
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WEST LINE OF GOVERNM LOT i
POINT OF BEGINNING
Cam' AMVERAL PORT " CSR T I T Y
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S.89 "4549 2J9.05
PREPARED BY:
M L EN CAPE CARME
SOLE: 1'=5Q'
ngirlcering, Inc. °
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SURVEYORS - E GNEERS a tzs � W4 Irmo
GRAPMC SC E
106 DWE LANE (P.O. BOX 32021)
COCO& BEACH, FLORM 32932 -1321
TELEPHDti=£: (3- 9 1 ) 783 - 7413 F AX: ( 32L)7 83 --5902 SHEET t OF 2 �
CFR77RCA 77 OF A U 7HOR «A 77ON jF LB 266
3. SEE SHEET~ 2 OF 2 FOR DESCRIP
. a SUR W YOR S CER 77MA 770N AND SURVEYORS 110 7E'S.
PREPARED AND CERTIFIED FOB?:
DA TE: 12- -07 -07 DRAV /iV BY. KSC iDMIE REALTY, INC
J08 X O. 380125. Y � SCALE. 1 "� 50'
S KETCH TO ACCOMPANY DESCRIPTI
NOT A BOUNDARY SURVEY
N
i
S.89 "4549 2J9.05
PREPARED BY:
M L EN CAPE CARME
SOLE: 1'=5Q'
ngirlcering, Inc. °
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SURVEYORS - E GNEERS a tzs � W4 Irmo
GRAPMC SC E
106 DWE LANE (P.O. BOX 32021)
COCO& BEACH, FLORM 32932 -1321
TELEPHDti=£: (3- 9 1 ) 783 - 7413 F AX: ( 32L)7 83 --5902 SHEET t OF 2 �
CFR77RCA 77 OF A U 7HOR «A 77ON jF LB 266
3. SEE SHEET~ 2 OF 2 FOR DESCRIP
. a SUR W YOR S CER 77MA 770N AND SURVEYORS 110 7E'S.
PREPARED AND CERTIFIED FOB?:
DA TE: 12- -07 -07 DRAV /iV BY. KSC iDMIE REALTY, INC
J08 X O. 380125. Y � SCALE. 1 "� 50'
S KETCH TO ACCOMPANY DESCRIPTI
NOT A BOUNDARY SURVEY
E� [' I OF i
A PORTION OF
GOVERNMENT LOT 1
SECTION 14, TOWN SHIP 24
SOVTH 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,
66.02 FEET TO A POINT
66.00 FEET PERPENDICULAR
DISTANCE TO THE
AFORESAID EAST LINE OF
GOVERNMENT LOT 1;
T HENCE RUN N01'29'01 "W
PARALLEL WITH AND 6
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 N89'45'43"E
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.
GRAPHIC SCALE
0 50 100 200
{
IN FEET
1 IN CH = 100 FEET
MILLER LEGG
rd 2
EXHIBIT
9 JJ
N8904-5 t 43"E POINT OF
NOT PLATTED 66.02' NOR tHEAST
NORTH u NE of CORNER of
8021-69' NORTH Lai 1 GOVERNMENT
LOT 1
65.00 IF
NOT PLATTED
0 CHANGE OF DIRECTION
OR= OFFIC ;AL RECORD BOOK
PG' - PAGL
UrUlftmte of LS. 6580
! KMMY Chi 1eY i�IJti — M 6=1 UMM TWE Y=6J
STNS AS 7" T*Le FUMDA CURD K 3
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CA,= � � CA'% W Q =. � �a
RA' 0 u Tr1pMAS SNOW
PROFEWORAL "VEY3R AND YAP?
SATE O FUMA RMSTUr -O & I- - 5 M%
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REhiAINDER
NOT PLA T TEQ
a
66.00'
813.57' h ORTM SH O WOOD DR I VE OF
%-00
SHOREWOOD DRIVE 589'45'43 "W
0 66.00' RIGHT O
66
0 OR 3482 PG 389
OR 3587 PO 21
66.00'
0 CHANGE OF DIRECTION
OR= OFFIC ;AL RECORD BOOK
PG' - PAGL
UrUlftmte of LS. 6580
! KMMY Chi 1eY i�IJti — M 6=1 UMM TWE Y=6J
STNS AS 7" T*Le FUMDA CURD K 3
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qcwA STAY=
CA,= � � CA'% W Q =. � �a
RA' 0 u Tr1pMAS SNOW
PROFEWORAL "VEY3R AND YAP?
SATE O FUMA RMSTUr -O & I- - 5 M%
%g= WsL Or A rLg)ivGa iUC0is0 SDI 00 VAPOP.
T: - SK 7CH DM .407 RSP:R -"-.MN s A 90tWARY aZA�5: ;s
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04-00170 A SKD -001 _3
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FLORIDA
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#276661—865.80) in the matter of
CITY OF CAPE CANAVERAL
The Court
ORDINANCE NO.03-2008
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.
(Sign e o ffiant)
Sworn to and subscribed before this '$ DAY OF MARCH 2008
"'te, JODI L.KILPATRICK
MY COMMISSION#DD441639
EXPIRES:August 21,2009 �gnature of Notary Publ c)
1$60.3.140TARY Fl.Notary Discount Assoc Co.
JODI L.KILPATRICK
(Name of Notary Typed,Printed or Stamped)
Personally Known / or Produced Identification
Type Identification Produced
NOTICE OF ZONING AMENDMENT
Notice is Hereby Given that the City of Cape
Canaveral Planning and Zoning Board will consider an
amendment to change the zoning classification of
certain real property from R-3 (Medium Density
Residential) to C-1 (Low Density Commercial) in the
City of Cape Canaveral.
The Public Hearing on the Proposed Zoning
Amendment will be held on Wednesday, February 27,
2008, at 7:30 P.M. in the City Hall Annex, 111 Polk
Avenue, Cape
411 City of Cape CanaveralCanaveral, Florida.
Future Land Use and
Zoning Amendments ORDINANCE
.1,,x1„ti NO. 03-2008
!'' AN ORDINANCE OF
'c-i:',.' l'ii, R 1THE CITY COUNCIL
11,4 - OF THE CITY OF
t ; *^ CAPE CANAVERAL,
;.., i °s ..
FLORIDA ,
,K;,',--,'"--- g; _ CHANGING THE
—
- ;,„„ ZONING MAP
�---,/ as �--'"°� DESIGNATION OF
.;vwi
m.! CERTAIN REAL
E PROPERTY
= a „,. TOTALING 6.24
"°'''"'” ' -i ' ACRES MORE OR
'- ` LESS, GENERALLY
..A_ 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 MEDIUM
DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY
COMMERCIAL"; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, 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
286.1015, 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 might 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.
Susan Stills, CMC, i
City Clerk "
El .( )}Z I D\
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#281379$646.20) in the matter of
CITY OF CAPE CANAVERAL
The Court
ORD.03-2008
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.
de-,62.6)
(Si lure of Affiant)
Sworn to and subscribed before this 22ND, DAY OF MARCH, 2008
JULIA A.BOWMAN
0060728
Comm# 0
D (Si 4� . i • of Notary Public)
_ Ex res 10/22/2010
......:::.:..... xtda Notary.... ................In
JULIA A.BOWMAN
(Name of Notary Typed,Printed or Stamped)
Personally Known k_/ or Produced Identification
Type Identification Produced
NOTICE OF ZONING AMENDMENT
Notice is Hereby Given that the City of Cape
Canaveral City Council will consider an
amendment to change the classification of certain
real property from R-3 (Medium Density Residential)
to C-1 (Low Density Commercial) in the City of Cape
Canaveral. The Public Hearing on the Proposed
Zoning Amendment will be held on Tuesday, April 1,
2008, at 7:00 P.M. in the City Hall Annex, 111 Polk
Avenue, Cape Canaveral, Florida.
City of cape CanaveralORDINANCE
Future Land Use and NO. 03-2008
Zoning Amendments
—1 AN ORDINANCE OF
THE CITY COUNCIL
OF THE CITY OF
CAPE CANAVERAL,
FLORIDA, CHANGING
THE ZONING MAP
DESIGNATION OF
CERTAIN REAL
8gi b09
R ; PROPERTY TOTAL-
ING 1.95 ACRES
- MORE OR LESS,
11
' °' GENERALLY LOCAT-
ED ALONG THE
NORTH SIDE OF
SHOREWOOD DRIVE
THE
CORNER OF JETTY ATSOU
SON THCAPE
CANAVERAL, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ON EXHIBITS "A" AND "B"
ATTACHED HERETO, FROM "R-3 MEDIUM
DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY
COMMERCIAL"; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, 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 286.1015. 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 might
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.
Susan Stills, CMC,
City Clerk
1