HomeMy WebLinkAboutResolution 2004-11 1 111111 1 11
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RESOLUTION NO.2004 -11 CFN 2004085482 03-19-2004 IllIfl 004 04:03 pm
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A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING THE CITY CLERK TO MAKE
CERTAIN CORRECTIONS TO THE CITY OF CAPE CANAVERAL'S
OFFICIAL ZONING MAP AS DEPICTED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE MAYOR AND THE CITY CLERK TO
CERTIFY THE OFFICIAL ZONING MAP; PROVIDING FOR
SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT
j RESOLUTIONS, AND AN EFFECTIVE DATE.
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WHEREAS, on July 15, 1965, the City Council of Cape Canaveral adopted
Ordinance 81 -64 -E which established, among other things, a C -1 commercial zoning
district boundary in the then southwest corner of the City; and
WHEREAS, the minutes from the Board of Adjustment meeting in July 7, 1980,
reflects that Yoland Curtis petitioned the Board of Adjustment to make an
interpretation of that commercial zoning boundary; and
WHEREAS, a survey was prepared by John Campbell and recommended by
Briley, Wild and Associates (The City Engineers) that certified the correct commercial
zoning district boundary to be 361 feet from the west A1A right of way; and
1 C WHEREAS, the Board of Adjustment recommended to the City Council to
accept the survey with the commercial zoning district depth of 361 feet; and
WHEREAS, the City Council discussed the issue during a July 22, 1980 City
Council meeting; and
WHEREAS, on August 6, 1980, the City Manager wrote a letter to Yoland
Curtis stating that "the Official Zoning Map will be corrected to conform to this legal
(attached Exhibit A) in the near future;" and.
WHEREAS, no further action can be found that the Official Zoning Map had
b changed to reflect Exhibit A; and
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WHEREAS, Ordinance 81 -64 -E, with respect to C -1 commercial zoning district
boundary, has never been amended or repealed and therefore it continues to be in full
force and effect; and
WHEREAS, pursuant to Section 110 -247 of the Canaveral Code Council the
City Council hereby finds that it is in the best interests of the public health, safety, and
welfare of the City of Cape Canaveral to correct the scrivenor's error on the City's
Official Zoning Map to reflect the C -1 commercial zoning district boundary legally
described in Ordinance No. 81 -64 -E and on the survey attached hereto as Exhibit "A."
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City of Cape Canaveral Scott Ellis
Resolution 2004 -11 - Corrections to Official Zoning Map Clerk Of Courts, Brevard County
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NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape
i c Canaveral, Florida, as follows:
SECTION 1. The City Council hereby directs that the C -1 commercial zoning
district boundary described in Ordinance 81 -64 -E and depicted on the survey attached
hereto as Exhibit "A" be drawn upon the Cape Canaveral Official Zoning Map.
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j SECTION 2. The City Council directs the City Clerk to coordinate with the
Brevard County Property Appraiser's Office to cause the necessary corrections to the
Official Zoning Map.
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SECTION 3. The Mayor and City Clerk are hereby authorized to certify said
O fficial Zoning Map.
SECTION 4. All rior resolutions ons or parts of resolutions in conflict herewith
are hereby repealed to the extent of the conflict.
SECTION 5. If any section, clause, phrase, word, or provision of this
resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, 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 Resolution.
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SECTION 6. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of
March 2004.
OGK
Rocky Randels, MAYOR
ATTEST: ". . FOR AGAINST
Bob Hoog SECOND
samS.t -CJTY LERK Steve Miller X
Jim Morgan ABSENT
Rocky Randels X
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY Richard Treverton MOTION
OF CAP ANAVERAL ONLY:
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I c IIIIIllII
Anthony A. Garganese, CITY ATTORNEY CFN 2004085482
oR BooP 5233 / 0582
City of Cape Canaveral
Resolution 2004 -11 - Corrections to Official Zoning Map
Page 2 of 2
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EXHIBIT "A"
,r LEGAL DESCRIPTION DEFINING THE DIVIDING LINE OF R —i AND C -1
ZONING IN LOTS 21 THROUGH 2.7 IN BANANA RIVER ESTATES, PLAT
BOOK 10, PAGE 1 OF THE PUBLIC RECORDS OF BREVARD COUNTY,
FLORIDA.
I COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 24
SOUTH, RANGE 37 EAST, BREVARD
SO °09'00 "E ALONG THE WEST COUNTY, FLORIDA; THENCE RUN
22 23 FEET TO A POINT ON THE EXTENSIONFWESTERLYCOFOTHE6SOU TH(�RIGHHT
__ OF WAY LINE OF HOLMAN AVENUE; THENCE RUN N ° 38'00 "E ALONG
THE SOUTH RIGHT OF WAY LINE OF SAID HOLMAN AVENUE AND IT'S
27 Z6 EXTENSION WESTERLY FOR 361.42 FEET TO A POINT THAT IS 361.42
FEET WEST OF THE WEST RIGHT OF WAY LINE OF STATE ROAD 401 AS
SAID RIGHT OF WAY LINE IS SHOWN ON THE STATE OF FLORIDA, STATE
ROAD DEPARTMENT, RIGHT OF WAY MAP, SECTION NO. 70080 -2202,
APPROVED SEPTEMBER 2, 1959 AND FILED WITH THE DEPARTMENT OF
TRANSPORTATION IN TALLAHASSEE, FLORIDA, SAID POINT BEING THE
iW POINT OF BEGINNING OF THE FOLLOWING DESCRIBED DIVIDING LINE;
`�O TWEEN WEST 9RIGHT OFOWAYALINE,EANDATHESWEST LINE OFY BE—
SECTION 26 FOR 685.89 FEET TO A POINT ON THE SOUTH LINE OF -
LOT 21 IN BANANA RIVER ESTATES, ACCORDING TO THE PLAT THEREOF
n, O RECORDED IN PLAT BOOK 10 AT PAGE 1 OF THE PUBLIC OF
BREVARD COUNTY, FLORIDA, SAID POINT BEING THE POINTCOFDTERMIN
((� ATION OF SAID DIVIDING LINE.
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5t Kr 90 DEpj 69.17 CFN 2004085482
OR Book /Page 5233 / 0583
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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CERTIFICATION: --
I HEREBY CERTIFY: THAT THE ATTACHED SKETCH TO ACCOMPANY LEGAL
DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE
; ()P BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE INFORMATION SHOWN
WAS OBTAINED FROM THE PUBLIC RECORDS AND a SUCH IS SUBJECT TO
ACCURATE FIELD SURVEY.
I OHN R. CAMPBELL
PROFESSIONAL LAN V SURV
NO. 2351, STATE OF FLORIDA
ALLEN ENGINEERING, INC.
COCOA BEACH, FLORIDA FOR: CITY OF CAPE CANAVERAL
APRIL 11, 1980 ORDER NUMBER 80611