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Home My WebLink AboutOrdinance No. 16-2013110 CFN 2014015848. OR BK 7054 PAGE 2179, Recorded 01/272414 at 02:33 PM, Scott Ellis. Clerk of Courts, Brevard County ORDINANCE NO. 16-2013 # Pgs.5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATED TO THE RON JON CAPE CARIBE RESORT; SPECIFICALLY MODIFYING ORDINANCE NO. 03-2008 TO AMEND THE RESTRICTIONS OF THE REZONING IMPOSED THEREIN ON CERTAIN REAL PROPERTY TOTALING 1.2 ACRES, MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OFJETTY PARKIN CAPE CANAVERAL TO AUTHORIZE A BUILDING CONSISTING OF DWELLING UNITS SUBJECT TO THE TERMS AND CONDITIONS OF THE CAPE CARIBE SECOND MODIFICATION TO BINDING DEVELOPER'S AGREEMENT APPROVED BY THE CITY COUNCIL AND CAPE CARIBE, INC. IN CONJUNCTION WITH THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Cape Caribe, Inc. is the current fee simple owner of record of certain real property in Cape Canaveral, depicted and legally described in Exhibit "A," said Property being part of the approved master site plan for the Ron Jon Cape Caribe Resort ("Property"); and WHEREAS, the City Council adopted Ordinance No. 03-2008 on March 2, 2010, which changed the zoning designation on the Property from "R-3 Medium Density Residential" to "C-1 Low Density Commercial," subject to certain restrictions limiting the use of the Property to recreational amenities and parking; and WHEREAS, Cape Caribe, Inc. desires to have the rezoning restrictions on the Property amended so it may pursue revisions to the Ron Jon Cape Caribe Resort master site plan to address changes in market demand that have occurred since the restrictions were implemented; and WHEREAS, in conjunction with the adoption of this Ordinance, Cape Caribe, Inc. and the City have agreed to the terms and conditions set forth in the Second Modification to Developer's Agreement specifying requirements for the additional building authorized by this Ordinance; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape City of Cape Canaveral Ordinance No. 16-2013 Page 1 of 3 Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Ordinance No. 03-2008. The City Council of the City of Cape Canaveral hereby amends Ordinance No. 03-2008 to modify the restrictions and authorized uses of land for the Restricted Property as set forth in Section 3 A. to include the following use: 3. A building consisting of dwelling units in accordance with the terms and conditions set forth in the Binding Developer's Agreement between the City and Cape Caribe, Inc., recorded April 22, 2010 at Official Record Book 6152, Page 2042, as amended by the Modification to Binding Developer's Agreement, recorded January 18, 2012 at Official Record Book 6521, Page 1746, and as amended by that certain Second Modification to Binding Developer's Agreement approved by the City Council on the same date as this Ordinance and dated January , 21, 2014. All other terms and conditions and land use restrictions set forth in Ordinance No. 03-2008 not modified by this section shall remain in full force and effect. Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance to reference the modified use restriction authorized and imposed by this Ordinance and Ordinance No. 03-2008. In addition, upon adoption and full execution of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in the Official Records of Brevard County, Florida. This Ordinance shall run with the land in the same manner as Ordinance No. 03-2008. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. if any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, 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 Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and at such time the Second Modification to Binding Developer's Agreement is duly executed by Cape Caribe, Inc. and the City City of Cape Canaveral Ordinance No. 16-2013 Page 2 of 3 and recorded in the Official Records of Brevard County, Florida. If the Second Modification is not recorded within 90 days of this Ordinance being approved by the City Council, this Ordinance shall be deemed null and void. ADOPTED byllid City,,Council of the City of Cape Canaveral, Florida, this 21stday of Ja,nuary'-'2014. Rocky Randel), Mayor ATTE.ST: 4 For Against John Bond Motion ANG LA APPEK.IYON, MMC Bob floog R.C-1cua2lJd City Clerk Btizz Petsos x Rocky Randels Absent Betty Walsh Second First Reading: December 17, 2013 Legal Ad publisbc& January 2, 2014 Second Reading: January 21. 2014 Approved as to legal form and sufficiency - 01'r1l. for thp�jky of Cape Canaveral only by: ANTHONrA. GARGANESE, City Attorney City ol'Cape Canaveral Ordinance No, 16-2013 Page 3 of 3 DESCRIPTION - NOT A BOUNDARY SURVEY DESMPVON OF EASEMENT; A portion of Govemment Lot t. Section 14, Township 24 Soulh, Range 37 East, frerw'd County, Florida! being more porltcuforly described as follows. Commence at the Northwest corner of sold Government Lot 1t thence S0129100"E along the WaSt fine of sa/d Govemmant Lot t, a distance of 260.06 feet, to the POINT OF 8Ci0WARNG of the hereto desWbed pared, • thence N8945'437. a distance of 24,176 feet, thence S007071 a distance of 2t699 feel, thence 6894$ 45'W. a o7slance of 239.05 feel, to apaint on the Wast line of Said Government Lot 1. thence N0129101"l?, along the Wost tine of soil Government Lot 1, o distance of 217.04 fact to the POINT Or 8£016101tNG; Contoking 1.20 acres, more or leans SURVEYOR'S NO7ES. 1, wis is NOr A SURLY. 2. The boorings ,shown are based on o bearing of S01729101f along the West iina of Government Lot 1. L • Oenotes a change in direction (no corner found or set). SFE SHEET 1 OF 2 FOR WE SKETCH TO ACCOMPANY 7NlS DESCRIP170N. SHEET 2 OF 2 SURVEYOR'S CER77RCA770N. FWAM BY; I hereby carefy that the attached Property Dascetptlan was prepared 4.A�� under my dfeectian. In accordance with all applicable requirements of the Win ovum Technical Stondard;" for [wad surveying in the State of Inc.lodit described h Cha ter 61017—iS Ftarltda Ad Code. ngineering, nc, pursuant to Chapter 47c 027, Roddo Stater[as LLEN ENG £EKING, 1 . 9USvEYDRs - Eh'GlNi:ERS IGS DIXIE IA#B (P.O. SOX 921321) =10A OWN. MAMA 32932-1321 o iELMONE: {321}783-7448 PAS: 13211793-59D2 Not valid without the signature CER77RCA7F OF AWHORl ANON Af L$ 266 and the original raised seal a/ a 0 ONAL SURYc OR E7arlda licensed surveyor and mapper; .,a MAPPER n N 4222 A RFC,78TRA ON o. RCALTr. WC. DA a1 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY m 4 t; ZE": WEST LINE' OF COVERNMENT COT I POINT OF &EG)NNING •CANAVERAJ, PORT ALIJ-HORTFY SUBJECT PARCEL 1.20 ACRES ± PBSPAREP BY: M��1J N gineering, Inc. SuRvEyon - MMNEERS 106 ME UNE (P.O. BOX 32021) COCOA BELCH, FLOpax 32902-1321 TELEPHONE- (3294)7824W W; (32L)783-5902 CERRFMATE OF AUTHMZ477ON j IB 266 DATE- 12-07-07 ORA PIN 8 Y' MSC ,108 Ni ?,-so' 0 .14 N 239, 05' CAPE CARME GRAPHIC, SCALE SHEET 1 OF 2 ryl SEE'SHEET 2 OF 2 FOR DESCRIP770N, SURVEYOR'S CER77F7CAMN AND SURVEYOR'S NOMS. 'ARECO AND CER17nED FOR: rOM IC REALTY, INC. 0