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HomeMy WebLinkAboutOrdinance No. 26-19981 1 1 ORDINANCE NO. 26-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL 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 ") 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 has 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 R -3 (Medium Density Residential 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 Y 1 1 1 1 11 1 1 1 111 Y i CFN:98201' 239 10 -19 -98 12:00 pm OR Book/Page: 3911 / 3004 Sandy Crawford Clerk Of Courts, Brevard County #Pgs: 5 #Names: 2 Trust: 3.00 Rec: 21.00 Serv: 0.00 Deed: 0.00 Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 1 1 City of Cape Canaveral Ordinance No. 26 -98 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 September, 1998. \loape zoning \r3 to el 3adisson.doa Rocky Randels, MAYOR FOR BURT BRUNS Second TONY HERNANDEZ Motion BUZZ PETSOS Absent ROCKY RANDELS X JOY SALAMONE Absent AGAINST First Reading: 9/1/98 Posted: 9/2/98 Published: 9/5/98 Second Reading: 9/15/98 11111111501 as�� i aoos 1 1 City of Cape Canaveral Ordinance No. 26 -98 Page 3 Exhibit "A" All that certain land situated in Brevard County, Florida, viz: Uoape- \zoningU3 to cY xadisson.doo i 1 0 111 1 A i CFN 98201239 OR Book/Page: 3911 / 3006 LEGAL DESCRIPTION A tract of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida, begin more particulariy described as follows: Commencing at the Southeast corner of said Section 15, thence N 89' 27' 20" W, along the South line of said Section 15, 882.89 feet; Thence N 00' 32' 40" E, 1073.08 feet to a point on the West right of way line of State rood A-1—A; thence N 37 21' 10" W, along said West right of way , 837.00 feet; Thence leaving said West right of way line, S 57 38' 50" W, 747.87 feet to the' Point of Beginning; Thence continuing S 52' 38' 50" W, 34.46 feet; Thence S 37 21' 10' E. 535.00 feet to a point on the Northwesterly line of that certain parcel described in instrument recorded in' Official Records Book 3035, at page 869. Records of Brevard County, Florida; Thence S 57 38' 50" W, along said Northwesterly line of said parcel, 167.16 feet; Thence S.37'21'10" E. 370.24 feet to a oint on a curve to the right, having a radius of 320.00' and having a chord bearing of • N.88'18'10 -W; Thence run Westerly along the arc of said curve 12.88 feet through a central angle of 1717'21 Thence 14.3721'10" W, 1490.17 feet; Thence S 89' 27' 20" E, 325.38 feet to the beginning of a curve to the left the radius point of which bears S 00' 32' 40" W, 24.54 feet; Thence Westerly, and Southerly, along the arc of said curve, through a centrai angle of 90' 00' 00", 39.02 feet to the beginning of a curve to the left, the radius point of which bears S 89' 27' 20" E, 60.00 feet; Thence Southerly, along the arc of said curve, through a central angle of 37 53' 50", 39.69 feet; Thence S 37 21' 10" E, 347.05 feet to the Point of Beginning. Tax I.D..•# The property is partially on # 754 and partially on y 750 JPERNIMI opaooldP,ge. 3911 / 3007 • CITY OF CATE caNAvERAI 00 �■1iIV/ - 11N1w1n i r111111111M �► 1111111111111111 0111111111111111 1001111111111111111111111111 �iiiui■iiiiinsl' iii °■iiiiii� it° - nl1i•1111111 um ttA9111111111i1 a EOM 1111111191111111 imeal aumm WW1" FFICIAL ZONING MAP This is to certify that this OFFICIAL ZONING MAP supersedes and replaces the OFFICIAL ZONING MAP adopted on January 19, 1996 as part of Resolution No. 96-05 of the City of Cape Canaveral, Florida, adopted as part of Ordinance No. 26 -98 this 15th day of September, 1998. r '1-4 I kt ETA 111 mom 1 i"ic1i12I5171 11 soPF dn114281VIIIM 111111111111::: ■•11111111• istidlInra 4111 U1II lnmlI l ! 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