HomeMy WebLinkAboutOrdinance No. 07-2005WITHDRAWN BY APPLICANT. WITHDRAWEL NOTED AT 6/21/2005 REGULAR COUNCIL MEETING.
ORDINANCE NO. 07 -2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
RELATING TO COMPREHENSIVE PLANNING; SETTING
FORTH AND ADOPTING A LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS
LS- CPA- 05 -01, PROVIDING FOR ADOPTION OF AN
AMENDMENT TO THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN REAL PROPERTY WITHIN THE
CITY OF CAPE CANAVERAL CONTAINING 5.38 GROSS
ACRES MORE OR LESS, AND LOCATED GENERALLY
ALONG NORTH ATLANTIC AVENUE SOUTH OF CAPE
SHORES DRIVE AND NORTH OF HOLMAN ROAD, MORE
PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN
EXHIBITS "A" AND "B," ATTACHED HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, FROM
"C -1 LOW DENSITY COMMERCIAL" TO "R -2 MEDIUM
DENSITY RESIDENTIAL" OR "R -3 MEDIUM DENSITY
RESIDENTIAL "; PROVIDING AN EFFECTIVE DATE AND
LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING
FOR TRANSMITTAL OF THE PLAN TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, sections 163.3184 and l 63.3187, Florida Statutes, establish the process for the
amendment of comprehensive plans, pursuant to which the City of Cape Canaveral has established
procedures for amending the City of Cape Canaveral Comprehensive Plan; and
WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing, in accordance with the procedures established 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
City of Cape Canaveral
Ordinance 07 -2005
Page 1 of 3
WHEREAS, the Local Planning Agency recommended that the City Council transmit the
subject property large scale comprehensive plan amendment (LS- CPA- 05 -01) to the Florida
Department of Community Affairs for its review and comment; and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements of
the Local Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the
public health, safety, and welfare of the citizens of Cape Canaveral, Florida.
NOVA, 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. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land Development Regulations Act, sections 163.3184
and 1 63.3187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this ordinance are to adopt the large
scale comprehensive plan amendment (LS- CPA- 05 -01) designating the subject property from "C -1
Low Density Commercial" to "R -2 Medium Density Residential" or "R -3 Medium Density
Residential."
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Cape
Canaveral's Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property, depicted in Exhibit "A" as "C -1 Low Density Commercial "to "R -2 Medium Density
Residential," and by designating the real property depicted in Exhibit "B" as "C -1 Low Density
Commercial" to "R -3 Medium Density Residential." 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 his
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(1)(c)(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 of Cape Canaveral City Council, or parts of
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
City of Cape Canaveral
Ordinance 07 -2405
Page 2 of 3
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 S. Effective Date and Legal Status of the Plan Amendment. The effective date of
the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the Amendment in compliance with section 1 63.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the amendment may nevertheless be made effective by adoption of a
resolution aff'mning its effective status. After and from the effective date of this amendment, the
comprehensive plan amendment set forth herein shall amend the City of Cape Canaveral's
Comprehensive Plan and become a pant of that plan and the amendment shall have the legal status
of the City of Cape Canaveral's Comprehensive Plan, as amended.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2005.
ROCKY RANDELS, Mayor
ATTEST:
For Against
Bob Hoog
Jim Morgan
Rocky Randels
Buzz Petsos
Burt Bras
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading;
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
.ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance 07 -2005
Page 3 of 3
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
LAN TO BE ZONED R -2
N LINE OF OFFICIAL RECORDS
v BOOK 5191, PAGE 2283
N. 89' 17'40 "E .527-75
22 1 Y N.00 40.00'
27 2 ! POINT OF
COM MENCEMENT
S. W. CORNER OF SECn0N 23
POINT OF BEGINNING
N.E. CORNER OF 0fF1ClAL RECORDS
BOOK 5 19 1, PAGE 2283
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S.E. CORNER OF OFh7ClAL RECORDS
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S. LINE OF OfF1ClAL R£COROS
BOOK 519f, PAGE 2758
S.89' 17'341N. 195.00'
SEE SHEET 2 FOR DESCRIPTION,
SURVEYOR'S CERTIF &NOTES
PREPARED AND CERTIFIED FOR:
z DATE.- 3 -16 -05 DRA WN BY. DJG BANANA RIVER, L.P.
". JOB NO. 020150.1 SCALE: 1 —100
DESCRIPTION
NOT A BOUNDARY SURVEY
LANDS TO BE ZONED R -2
A P ortion of Section 23 and 27, Township 24 South, Range 37 East, Brevard County, Florida, being more
particularly described as follows.
Commence at the Southwest corner of said Section 23; thence NO0 '56 "W, along the West line of said
Section 23, a► distance of 40.00 feet to the North line of that parcel described • in Official Records Book
5191, Page 2283 of the Public Records of Brevard County, Florida; thence N89 17 4a E, along the North line
of said Parcel, ❑ distance of 527.75 feet, to the POINT OF BEGINNING of the herein described parcel, of
thence continue N89 "E, along said North line, a distance of 195.00 feet to the Northeast comer said Parcel and the Nest right of way line of State Road A --1 -A; thence S00 37 54 E, along the Eas line
of said Parcel, the East line of that parcel described in Official Records Book 5191, Page 2758 and the
West right of way line of State Rood A -1--A, a distance of 690.91 feet • to the Southeast corner of said
P age 2758 thence S89 17 34 W, along the South line of
said Parcel, a distance of 195.00 feet; thence NO
Parcel described in Officio! Records Book 51911, x•3754 "W 195.00 - feet West of and parallel with the West --
right of way line of State Road A -1 -A, a distance of 690.92 feet, to the POINT OF BEGINNING; Containing
3.09 acres, more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon are based on a bearing of 11140 '56 "W, along the West line of
Section 23.
3 • = Denotes change in direction (no corner found or set).
SEE SHEET 1 FAR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SURVEYOR'S CERTIFICATION;
1 hereby certify that the attached Property Description was prepared
EXHIBIT �� A' � under my direction, in accordance with a!I applicable requirements of
the "Minimum Technical Standards," for land surveying in the State of
SH EET 2 O F Florida Admini ative Code,
Florida►, described in Chapter fi 1 G 17--6,
$ pursuant to Chapter 472.027, Florida Statutes.
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PREPARED AND CERTIFIED FOR.
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BANANA RIVER, L.P.
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NI- g 11SBSIfB: w*w.allenen�.net - B1tAIL• in[o�dlenent.net SEE SHEET 2 FOR DESCRIPTION,
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N 2: SURVEYOR'S CERTIFICATION &NOTES
� 1. REV/SE PARCEL DIMENSIONS 6 -07 -05 PREPARED AND CERTIFIED FOR:
z DATE: 3 -76 -05 DRAWN BY: OJG BANANA RIVER, L.P.
JOB N0. 020150.1 SCALE.• 1 " =100'
DESCRIPTION
NOT A BOUNDARY SURVEY
LANDS TO BE ZONED R -3
A portion of Section 23 and 27, Township 24 South, Range 37 East, Brevord County, Florida, being more
particularly described as follows:
Commence at the South corner of said Section 23; thence N00'41 '56V, along the West line of said
Section 23 , a distance of 40.00 feet to the North line of that parcel described in Official Records Book
5191, Page 2283 of the Public Records of Brevard County, Florida; thence N89' 17'40 "E, along said North
line, a distance of J61.75 feet, to the POINT OF BEGINNING of the herein described parcel; thence continue
N89' 17'44 "E, along said North line, a distance of 166.04 feet; thence 500'3754 "E, parallel with and 195.00
feet west of the West right of way line of State Road A -1 A, ❑ distance of 690.92 feet to the South line
of that parcel described in Official Records Book 5191, Page 2758; thence the following 3 courses along
said South line: (1) S89' 17'34 "W, a distance of 75.76 feet; (2) NOO'39'09 "W, a distance of 90.85 feet; (3)
S89' 17'34 "W, a distance of 90.20 feet; thence NOO'37'54 "W, parallel with and 361.00 West of the West right
of way line of State Road A— I —A , a distance of 600.07 feet, to the POINT OF BEGINNING; Containing 2.44
acres, more or less.
SURVEYOR'S NOTES:
1. THiS IS NOT A SURVEY.
2. The bearings shown hereon are based on a bearing of NDD'41 'S6 "W, along the West line of
Section 23.
,3. • = Denotes change in direction (no corner found or set).
SEE SHEET 1 FOR THE SKETCH TO ACCOM PANY TH DESCRIPTION
SURVEYOR'S CERTIFICATION:
�� 1 hereby certify that the attached Property Description was prepared
EXHIBIT under m direction, in accordance with all applicable requirements of
J
the "Minimum Technical Standards," for land surveying in the State of
SHEET 2 OF
Florida, described in Chapter 61 G) 7--6, Florida Admi rative Code,
pursuant to Chapter 472.027, Florida Statutes. ."-2
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PREPARED AND CERTIFIED FOR:
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1. REVISE PARCEL DIMENSIONS 6-07-05
BANANA RIVER, L. P.
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`" JOB NO. 020150.1 DATE: 3- 16--05