ORDINANCE NO (PROPOSED)

Transcription

1 ORDINANCE NO (PROPOSED) AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA; AMENDING THE COCOA BEACH COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP 2025 (FLUE 2) BY CHANGING THE LAND USE DESIGNATION ON TWO PARCELS OF LAND TOTALING 3.56 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF NORTH ATLANTIC AVENUE BETWEEN BIMINI ROAD AND JAMAICA DRIVE ON PARCELS IDENTIFIED WITH PARCEL ID NOS AND WITHIN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, FROM HIGH DENSITY RESIDENTIAL & PROFESSIONAL TO GENERAL COMMERCIAL; PROVIDING AUTHORIZATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Cocoa Beach, has adopted a Comprehensive Plan in accordance with the State of Florida Community Planning Act; and, WHEREAS, in accordance with Chapter , Florida Statutes, the City of Cocoa Beach may adopt small scale comprehensive plan amendments by ordinance, with said report presenting recommended updates to the City s Comprehensive Plan to achieve the purposes as set forth by the Florida Statutes; and, WHEREAS, a written request for an amendment to the City s Future Land Use Map 2025, to change the future land use designation on properties located at 1615 North Atlantic Avenue and 1675 North Atlantic Avenue from High Density Residential & Professional to General Commercial has been submitted to the city in an application dated March 1, 2017 and assigned case number ; and, WHEREAS, the proposed amendment involves a tract of land less than 10 acres, the property is not located within an area of critical concern, the property has not been granted a future land use change within the prior twelve months, and the amendment does not involve a text change to the goals, objectives, and policies of the local comprehensive plan; and, WHEREAS, the City Commission has determined that the proposed amendment to the Comprehensive Plan is in compliance with the intent of the City Charter to further the interest of all citizens and establish a low-density residential and family-oriented resort community; and, WHEREAS, the Cocoa Beach Planning Board and Local Planning Agency held a duly noticed public hearing on April 3, 2017, regarding the adoption of an amendment to the City s Comprehensive Plan, whereby the Board recommended adoption of the amendment; and, WHEREAS, The City of Cocoa Beach City Commission, provided an opportunity for individuals to participate in the comprehensive plan amendment public hearing process and held a duly noticed public hearing, as set forth in Florida Statutes, on May 4, 2017 to consider the adoption of this small-scale comprehensive plan amendment.

2 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Cocoa Beach, Florida as follows: SECTION 1. This Ordinance is adopted in conformity with the Community Planning Act of Florida Statutes Chapter 163. SECTION 2. The City of Cocoa Beach Comprehensive Plan Goals, Objectives and Policies, adopted August 6, 2015, Future Land Use Map 2025 (FLUE 2), is hereby amended by changing the future land use designation from High Density Residential & Professional to General Commercial for two parcels located on the west side of North Atlantic Avenue between Bimini Road and Jamaica Drive, having Parcel ID Nos and , and further described in Exhibit A and illustrated in Exhibit B. SECTION 3. The City Manager is authorized and directed to amend the Future Land Use Map 2025 (FLUE 2), in accordance with Chapter Florida Statutes. The Manager shall also transmit a copy of this small scale development amendment to any person or entity requesting a copy, including other local governments or governmental agencies in the state that have filed a written request with the city. SECTION 4. CONFLICTS. Any and all Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 5. SEVERABILITY. If any provisions of this Ordinance or the application thereof to any person or circumstances are held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to this end the provision of this Ordinance are declared severable. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective as provided by general law. Ordinance 1603 Page 2 of 5

3 Upon Motion by Commissioner _, and Seconded by Commissioner, this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of, Loredana Kalaghchy, CMC City Clerk Ayes: Nays: Absent or Abstaining: Ben Malik, Mayor-Commissioner First Reading: Date Posted: Date Published: Ordinance 1603 Page 3 of 5

4 Parcel ID No Exhibit A Legal Description of Subject Parcels Commence at the Northeast corner of Section 3, Township 25 South, Range 37 East, Brevard County, Florida, and run West along the North Line of said Section 3, a distance of feet to the Westerly right of way line of Brevard Avenue (A1A), thence run Southerly along the Westerly Right of way line, a distance of feet to the Point of Beginning of this description; from the point of beginning continue Southerly along the Westerly right of way line a distance of feet; thence run north 87 degrees W feet up to a point on the East line of Lot 36, COCOA ISLES, 7 th ADDITION as recorded in Plat Book 16, Page 49, Public Records of Brevard County, Florida; thence run N 02 degrees E, along the said East line of Lot 36, and the extension of same feet; thence run S87 degrees E, feet to the Point of Beginning; and Commence at the Northeast corner of Section 3, Township 25 South, Range East, Brevard County, Florida and run West along the North Line of said Section 3, a distance of feet to the Westerly right of way line of Brevard Avenue (A1A); thence run Southerly along said Westerly right of way line a distance of feet to the Point of Beginning of this description; from the point of beginning, continue Southerly along said Westerly Right of Way Line, feet to the North Right of Way line of Jamaica Drive; thence run 87 degrees W, along the North right of way line of Jamaica Drive, feet to the Southeast corner of Lot 36, COCOA ISLES 7 th ADDITION, as recorded in Plat Book 16, Page 49, Public Records of Brevard County, Florida; thence run N 2 degrees E along the East line of said Lot 36, feet; thence run S 87 degrees E, feet to the point of beginning and being subject to a 26 foot wide egress and ingress easement being the West 26 feet of the above described lands, subject also to an easement over and across the South 26 feet of the above described land. Parcel ID No Parcel One Begin at the NE corner of lot 1, COCOA ISLES 9 th Addition, Section A, as recorded in Plat Book 16, Page 125, Brevard County, Florida; thence run South 87 degrees East feet along South right-of-way of Bimini Road to Point of Beginning, thence from the Point of Beginning 87 degrees East 150 feet along the South right-of-way of Bimini Road to its intersection with the West right-of-way of State Road A1A; thence run South 4 degrees West along said West right-of-way of State Road A1A feet; thence run North 87 degrees West 150 feet; thence run North 4 degrees East being parallel to West right-of-way of State Road A1A feet to the Point of Beginning. Parcel Two Begin at the NE corner of Lot 1, COCOA ISLES 9 th Addition, Section A, as recorded in Plat Book 16, Page 125, Brevard County, Florida; thence run South 87 degrees East feet along the South right-of-way of Bimini Road; thence run South 4 degrees West feet; thence run North 87 degrees West feet; thence run North 2 degrees East feet to the SE corner of said Lot 1; thence run North 2 degrees East along the East line of Lot 1, 120 feet to the Point of Beginning. Ordinance 1603 Page 4 of 5

5 Exhibit B Future Land Use Map 2025 (FLUE 2) Location of Subject Parcels From High Density Residential & Professional to General Commercial Ordinance 1603 Page 5 of 5