HomeMy WebLinkAboutOrdinance No. 21-19961
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ORDINANCE NO. 21-96
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING '1'Hl:
OFFICIAL ZONING MAP AS DESCRIBED IN SECTION
110 -246, OFFICIAL ZONING MAP, BY CHANGING THE
CLASSIFICATION OF CERTAIN PROPERTY FROM M -1
(LIGHT INDUSTRIAL DISTRICT) TO C -1 (LOW DENSITY
COMMERCIAL DISTRICT) AS DESCRIBED IN EXHIBIT
"A "; PROVIDING THE CONDITIONS OF APPROVAL;
PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Local Planning Agency ( "LPA ") and the Planning and Zoning Board
( "P &Z ") of the city of Cape Canaveral, Florida, has held a public hearing on changes to the
zoning classification on the property indicated below; and
WHEREAS, LPA and P &Z have reviewed the property owner's petition for a rezoning
of the property to C -1 (Low Density Commercial) and issued a recommendation to approve the
rezoning to the City Council; and
WHEREAS, the public was heard at a regular meeting of the City Council on the petition
requesting changes indicated below and, after full discussion, the Council having found that the
best interest for the City of Cape Canaveral and its citizens would be served by granting the
petition to change the zoning classification; and
WHEREAS, the City Council, based on the reasons and findings stated in the analysis and
recommendation of the staff, has found that the proposed zoning amendment is consistent with
the provisions of the City of Cape Canaveral Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as
described in Section 110 -245, Official Zoning Map, is hereby amended to include a change of
classification from M -1 (Light Industrial District) to C -1 (Low Density Commercial District) for
the property legally described as:
See Exhibit "A" Attached Hereto
SECTION 2. That the development of the property as described in Exhibit "A" shall be
governed by the provisions of Chapter 110, regarding the C -1 zoning district, of the Zoning
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City of Cape Canaveral
Ordinance No. 21 -96
Page 2
Ordinance of the City of Cape Canaveral, Florida, or any amendments, modifications, additions,
or recodifications thereto.
SECTION 3. All ordinances and resolutions or parts of ordinances and resolutions in
conflict herewith are hereby repealed to the extent of the conflict or inconsistency.
SECTION 4. 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 thereof to be
declared invalid.
SECTION 5. This Ordinance shall become effective after the amendment has been duly
recorded upon the official zoning map of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the 15th day of October, 1996.
'
ims, CITY CLERK
Apprs ved as io oFo ;
Kohn Bennett, CITY ATTO
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Name
Burt Bruns
Leo Nicholas
B1177 Petsos
John Porter
Rocky Randels
For Against
X lotion
_X_
X
X Second
First Reading: October 1, 1996
Posted: September 15, 1996
Published: (LPA) September 15, 1996
(1st Ilrg)September 22, 1996
(2nd Hrg)October 6, 1996
Second Reading: October 15, 1996
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Exhibit "A"
All that certain land situated in Brevard County, Florida, viz:
Commencing at a point on the Fast right of way of State Road #401 (100 foot right of way as now
laid out) said point being 2207.89 feet northerly, and measured at right angles to the South line of
Section 15, Township 24 South, Range 37 Fast, Brevard County, Florida, go thence North 52° 38'
50" East a distance of 25.00 feet to the Point of Beginning; thence North 52° 38' 50" Fast a
distance of 203.38 feet to the P.C. of a curve; thence Northeasterly along said curve diverging to
the right whose radius is 180.0 feet; central angle is 55° 28' 55 ", chord is 167.57 feet, bearing
North 80° 23' 18" Fast, an arc distance of 174.30 feet; thence South 37° 21' 10" Fast a distance of
217.96 feet; thence South 1° 09' 24" West a distance of 100.0 feet to a point on a curve; thence
Southwesterly along said cure diverging to the left whose radius is 400.00 feet, central angle is 28°
30' 34 ", chord is 196.99 feet bearing South 76° 54' 07" East, an arc distance of 199.03 feet to the
P.T. of said curve; thence South 62° 38' 50" West a distance of 115.93 feet to the P.C. of a curve;
thence along said curve diverging to the right whose radius is 25.0 feet, whose tangent is 20.98
feet, through a central angle of 80° 00'; thence North 37° 21' 10" West along the Easterly right of
way of said State Road #401 a distance of 223.54 feet to the P.C. of a curve; thence along said
curve, diverging to the right whose radius is 25.0 feet, whose tangent is 25.0 feet, through a central
angle of 90° 00' to the Point of Beginning.
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