Loading...
HomeMy WebLinkAboutOrdinance No. 05-2001 ORDINANCE NO. 05-2001 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST PLAN AMENDMENT FOR 2001 AS PROVIDED IN CPA -01 -1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THAT CERTAIN PROPERTY DESCRIBED AS TAX PARCEL 24.37 -15 -002510.0000.0 CONTAINING APPROXIMATELY 1.825 ACRES OF INFILL DEVELOPMENT FROM C -1 COMMERCIAL TO R -3, MEDIUM DENSITY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR k TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR ' SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the i Local Govemment 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 Department of Community Affairs; and L WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of Cape Canaveral Comprehensive Plan, which plan was completely readopted on January 5, 1999, hereafter referred to as the "1999 Plan "; and WHEREAS, Sections 163.3184 and 163.3187, Florida Statues, established the process for the amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established procedures for amending the 1999 Plan; and WHEREAS, a comprehensive plan amendment was applied for (hereafter = referred to as "Amendment" and attached hereto as Exhibit "A" and incorporated herein by reference), effecting a parcel of infill development land for adoption in the calendar year 2001 as a single amendment; and WHEREAS, on November 28, 2001, the Planning and Zoning Board sitting as the Planning Agency, in accordance with the procedures in the Cape Canaveral Code, held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting comments, and recommended to the City Council that the 1999 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single- bearing adoption process pursuant to Section 9J- 11.006(1) (a)3, Florida Adjustment Code: and i City of Cape Canaveral, Florida te Ordinance No. 05 -2001 Page 2 WHEREAS on January 15, 2002, the City Council held a duly noticed hearing on the proposed Amendment and considered findings and advice of the city staff; citizens, and all interested parties submitting written and oral comments, and the t recommendation of the Land Planning Agency, and thorough and complete deliberation, approved the Amendment, for submittal to the Department of Community Affairs; and 1 i WHEREAS, the Amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City, of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. SECTION 2. Authority. This Ordinance is adopted in compliance with, and pursuant to the Local Govemment Comprehensive Planning and Land Development Regulation Act, Sections 163.3184 and 163.3187, and 163.3189, Florida Statutes. SECTION 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify, or otherwise further the provisions of the 1999 City of Cape Canaveral Comprehensive Plan. SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to Comprehensive Plan Amendment CPA -01 -1 to the 1999 Comprehensive Plan, the City of Cape Canaveral Future Land Use Map is hereby amended as specifically provided in Exhibit "A ". SECTION 5. Effective Date and Legal Status of Plan Amendment. The effective date of this development amendment shall be thirty -one days after adoption, unless the amendment is challenged pursuant to Section 163.3 187(3), Florida Statutes. If challenged, the effective date of this Amendment shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission, finding the Amendment in compliance with Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on this Amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the C comprehensive plan amendment stated in Section 4 shall amend the 1999 Comprehensive Plan and become a part of that plan, and the plan amendment shall retain the legal status of the 1999 City of Cape Canaveral Comprehensive Plan, as amended. 11 Cape- nt1cityclerk lCityClk \Ordinances\ZONING \Comp Plan Amendment Puerto Del Rio Rezoning.doc 1 City of Cape Canaveral, Florida : L., il Ordinance No 05 -2001 Page 3 SECTION 6. Transmittal to Department of Community Affairs. The City Manager is hereby designated to sign a letter transmitting this small scale development amendment to the Department of Community Affairs in accordance with Section 163.3187(10)(c)(4) Florida Statutes, and Section 9J- 11.015, Florida Administrative Code. SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions All ordinances and resolutions or parts of ordinances aid resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECION 8. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part whereof to be declared invalid. SECTION 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. t ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of March, 2002. . C:i..co c,V, CP- Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan X ', : San t111s i.TY CLERK Buzz Petsos Motion Rocky Randels X Richard Treverton X APPROVED AS TO FORM: Larry Weber Second yy ti Mark uagge, CITY ATTORNEY L LPA Noticed Published: November 21, 2001 First Public Hearing: January 15, 2002 LPA Meeting: November 28, 2001 Second Public Hearing Notice Published: March 12, 2002 First Public Hearing Notice Published: January 8, 2002 Second Public Hearing: March 19, 2002 \\ Cape -nt\ ltyclerk \CityCik \Ordinances\ZONING \Comp Plan Amendment Puerto Del Rio Rezoning.doc ism EXHIBIT "A" i N 4 c OFFICIAL RECORDS BOOK 4181 PAGE 3679 1 TAX PARCEL 24 37 15 00006.0 -0000.0 ' N LINE OF OFFICIAL RECORDS w a BOOK 2445. PAGE 0585 v 1 vl POINT OF BEGINNING POINT OF COMMENCEJENT i N LINE OF OFFICIAL RECORDS BOOK 2445. PAGE 0585 ,t 589 d WEST RIGHT OF WAY •.. 1 STATE ROAD 401 N89•27'20 'W 625.00' WEST LINE VACANT OFFICIAL • ' 1'825 LAND EAST LINE OF OFFICIAL RECORDS 9 s , RECORDS -.. BOOK 4181 PAGE 367 9 BOOK 2445 • . a ACRES + /- . y 91 t^ ' PAGE 0585 - .4 79.497.0 c 9,. i s 9 g O 4 SQUARE F Pj y y � y = FEET +/ - - v OFFICIAL RECORDS BOOK 4181 PACE 3679 9 0 c 9j o REMAINDER TAX PARCEL 24 3 - 15- 00252.0- 0000.0 9c Q, 9 � o ) , 4 OFFICIAL ' o . , * y RECORDS 9 A 1 BOOK 2445 TAX PARCEL 2 37 - 15 - 00251.0 -0000.0 PAGE 0585 ' .'M 196.73' SOUTH LINE OFFICIAL RECORDS 800K 4181 PAGE 3679 OFFICIAL TAX ?ARCEL 24 - 37 - 15 - 00750.0 -0000.0 1 RECORDS 1 BOOK 2445 PAGE 0585 '3 t SURVEYOR'S NOTES: 4 1. THE SURVEYOR HAS NOT ABSTRACTED THE.LANDS SHOWN HEREIN FOR EASEMENT ANO /OR RIGHTS -OF -MAY OF RECORD OTHER I THAN AS SHOWN. I 2. ND UNDERGROUND INSTALLATION OF 1 1 IMPROVEMENTS OR FOUNDATIONS HAVE BEEN t LOCATED EXCEPT AS SHOWN HEREON. 3. THE BUILDING AND /OR FENCE TIES IF 3 SHOWN ON THIS SURVEY SHOULD NOT 1 11::: BE USED TO RECONSTRUCT PROPERTY LINES. 4. THIS MAP 15 NOT A SURVEY. k 5. BEARINGS BASED ON ASSUMED DATA. THE EAST LINE OF SECTION 15. TOWNSHIP 24 SOUTH. RANGE 37 EAST AS N 00•50'54'1. TAX PARCEL 24 -37 -15 -00251.0 - 0000.0 DESCRIPTION: AS PREPARED BY THE SURVEYOR A PORTION OF SECTION 15. TOWNSHIP 24 SOUTH. RANGE 37 EAST. THE CITY OF CAPE CANAVERAL. FLORIDA. BEING A PORTION OF OFFICIAL RECORDS BOOK 2445. PACE 0585 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID OFFICIA RECORDS 8001( 2445. PAGE 0585 AND THE WEST RIGHT OF WAY LINE OF STATE ROAD 401 (100' RIGHT OF WAY. AKA HIGHWAY A -) -All THENCE f. N 89 E. ALONG THE SA10 NORTH LINE. FOR A DISTANCE OF 625.00 FEET. SAM POINT BEING THE NORTHWEST COIINER Or 0Fr101AL .1 RECORDS BOOK 4181. PAGE 3679 OF THE PUBLIC RECORDS OF BREVARO COUNTY. FLORIDA' THENCE S 00632'40' W. ALONG THE WEST LINE OF SAID OFFICIAL RECORDS BOOK 4181. PAGE 3679. FOR A DISTANCE OF 294.55 FEET. TO THE SOUTH LINE OF SAID OFFICIAL RECORDS BOOK 2445. PAGE 0585: THENCE N 89 W. ALONG SAID SOUTH LINE. FOR A DISTANCE OF 196.73 FEET. TO THE WEST LINE OF SAID OFFICIAL RECORDS BOOK 2445. PAGE 05851 THENCE N 00 W. ALONG SAID WEST LINE. FOR A DISTANCE OF 394.67 FEET. TO THE SAID NORTH LINE: THENCE S 89•27'20' E. ALONG SAID NORTH LINE. FOR A DISTANCE OF w 206.31 FEET. 70 THE POINT OF BEGINNING. CONTAINING 1.825 ACRES MORE OR LESS. ... i THIS SKETCH OF DESCR IPIIDN 1S FOR 4110 ONLY FDA 114E FOLLOWING, KIEV DEL ASO NO • 101ATNE SIGNATURE AND THE ORIGINAL RAI ORIDA LICENSED SUMMIT AND RIPPER J Cj , DAVID ROT *CAE P .S. FLORID REGISTRATION ND. A301 OF DESCRIPTION tr,ra Stott I er Stagg S. Associates 3 J Architects E Ave. C k ers Planners. Inc. [ SKETCH OT A SURVEY SHEET 1 OF 1 8680 N. Atlantic Ave. Cape Canaveral. FL 32920 P HONER (3211 783 -1320 FAX; 1321) T83 - 70GS DATE: 9/25/01 l COMPUTER FILE ev+•etattleret000.aaN+ 6700 REZONEA.DGN COPYRIGHT ©2001 STOTTLER STAGG d ASSOCIATES