ORDINANCE NO (PROPOSED)

Transcription

1 ORDINANCE NO (PROPOSED) AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF COCOA BEACH, BY CHANGING THE ZONING 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, IDENTIFIED WITH PARCEL ID NOS AND WITHIN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA FROM RM-2 MULTIFAMILY-PROFESSIONAL DISTRICT TO CN NEIGHBORHOOD COMMERCIAL DISTRICT; 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; WHEREAS, for the purposes of implementing the Comprehensive Plan, and pursuant to the City Land Development Code Section 2-03, the city has adopted an Official Zoning Map; WHEREAS, a written request for a change to the Official Zoning Map designation for properties located at 1615 North Atlantic Avenue and 1675 North Atlantic Avenue from RM-2 Multifamily-Professional to CN Neighborhood Commercial has been submitted to the city in an application dated March 1, 2017, and assigned case number ; WHEREAS, the City Comprehensive Plan Future Land Use Map 2025 (FLUE 2), through adoption of Ordinance 1603 on May 4, 2017, identifies the subject parcels as having a future land use designation of General Commercial, which is consistent with and supports the proposed zoning map designation of CN Neighborhood Commercial; WHEREAS, the Cocoa Beach Planning Board and Local Planning Agency held a duly noticed public hearing on April 3, 2017, regarding the adoption of changes to the City s Official Zoning Map, whereby the Board recommended adoption of the changes; WHEREAS, The City of Cocoa Beach City Commission, provided an opportunity for individuals to participate in the rezoning ordinance public hearing process and held a duly noticed public hearing, as set forth in Florida Statutes, on May 18, 2017, to consider the adoption of this rezoning request. 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

2 Act of Florida Statutes Chapter 163. SECTION 2. The Official Zoning Map, established and codified in Land Development Code Section 2-03, is hereby amended by changing the zoning designation from RM-2 Multifamily-Professional to CN Neighborhood 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, but are subject to the following site development conditions. Site development of one or both parcels will include the following: 1. A 100 foot wide open space buffer, within which is contained an 8 foot high opaque block wall, the length of the western property boundary, and a 10 foot wide landscape buffer on the east side of the block wall 2. Access from A1A through one shared drive 3. A recorded public access easement of at least 24 feet in width through both parcels connecting Jamaica Drive and Bimini Road 4. Compliance with all federal, state and city requirements for zoning, parking, stormwater, lighting, landscaping, and building construction SECTION 3. The city manager is authorized and directed to revise the Official Zoning Map accordingly. 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 upon adoption. Ordinance 1604 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 1604 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-ofway 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 1604 Page 4 of 5

5 Exhibit B Official Zoning Map Location of Subject Parcels From RM-2 Multifamily-Professional District to CN Neighborhood Commercial District Ordinance 1604 Page 5 of 5