HomeMy WebLinkAboutOrdinance No. 26-19981
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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
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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
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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
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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
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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
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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.
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