ORDINANCE NO. 1656
AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA; TO APPROVE A PLANNED DEVELOPMENT WITH AN ACCOMPANYING DEVELOPMENT AGREEMENT AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF COCOA BEACH BY CHANGING THE ZONING DESIGNATION FROM OC OCEANSIDE TO PD PLANNED DEVELOPMENT FOR A PARCEL OF LAND TOTALING 15.7 ACRES, MORE OR LESS, LOCATED ON THE EAST SIDE OF NORTH ATLANTIC AVENUE ON THE NORTH SIDE OF TULIP AVENUE ON THE SOUTH SIDE OF LORI WILSON PARK AND WEST OF THE ATLANTIC OCEAN BEACH, ON A PARCEL IDENTIFIED WITH PARCEL NO. 25-37-03-CV-13-1 WITHIN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; PROVIDING FOR 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, 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; and
WHEREAS, in accordance with the Comprehensive Plan, the City Land Development Code Section 2-26, provides procedures and guidelines for the creation and approval of a Planned Development with an accompanying Development Agreement; and
WHEREAS, a written request for the creation of a Planned Development, including approval of a Development Agreement and an amendment to the Official Zoning Map designation from OC Oceanside to PD Planned Development, for a parcel of land identified with Parcel ID No. 25-37-03-CV-13-1 (1300 North Atlantic Avenue), per the requirements of the City Land Development Code Section 2-26, was received by the city and assigned case number PZ-20-12; and
WHEREAS, the City Comprehensive Plan Future Land Use Map identifies the subject parcel as having a future land use designation of Redevelopment, which is consistent with and supports the proposed approval of a PD Planned Development and zoning map designation of PD Planned Development; and
WHEREAS, the Cocoa Beach Planning Board, as the Local Planning Agency, held a duly noticed public hearing on March 1, 2021, regarding the approval of the Planned Development, with the accompanying Development Agreement, and adoption of amendments to the city’s Official Zoning Map, whereby the Board recommended approval and adoption; and
WHEREAS, The City of Cocoa Beach City Commission, provided an opportunity for individuals to participate in the ordinance public hearing process and held a duly noticed
public hearing, as set forth in Florida Statutes, to consider the adoption of this 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 Act of Florida Statutes Chapter 163. The Whereas clauses set forth above are true and correct and constitute legislative findings of the City Commission.
SECTION 2. The Planned Development, with the accompanying Development Agreement provided as Exhibit B, detailed and codified in Land Development Code Section 2-26, is hereby approved, and the Official Zoning Map, established and codified in Land Development Code Section 2-03, is hereby amended by changing the zoning designation from OC Oceanside to PD Planned Development, for a parcel of land identified with Parcel ID No. 25-37-03-CV-13-1 (1300 North Atlantic Avenue), located on the east side of North Atlantic Avenue on the north side of Tulip Avenue on the south side of Lori Wilson Park and West of the Atlantic Ocean Beach.
SECTION 3. The mayor is authorized and directed to approve the Development Agreement, which references the accompanying Planned Development, and 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 provisions of this Ordinance are declared severable.
SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective upon adoption.
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 ____________, 2021.
Ayes: ________
Nays: ________
Absent or Abstaining: ________
_____________________________
Ben Malik, Mayor-Commissioner _________________________________________
Loredana Kalaghchy, CMC City Clerk
First Reading: ________
Date Posted: ________
Date Published: ________
Exhibit A
Legal Description and Illustration of Subject Parcel Parcel ID No. 25-37-03-CV-13-1
PARCEL 1
BLOCK THIRTEEN (13), LESS THAT PORTION OF LOTS EIGHT (8) AND NINE (9) OF SAID BLOCK 13 LYING WITHIN THE RIGHT OF WAY FOR STATE ROAD A-1-A; BLOCK FOURTEEN (14); AND ON THE SOUTH ONEHALF (S 1/2) OF A CLOSED STREET RUNNING FROM STATE ROAD A-1-A EAST TO THE EAST LINE OF BLOCK 14, PROJECTED, ORIGINALLY NAMED LAUREL AVENUE, WHICH SEPARATED BLOCKS ELEVEN (11) AND TWELVE (12) FROM BLOCKS THIRTEEN (13) AND FOURTEEN (14); THAT PORTION OF BANKS STREET EXTENDING FROM THE SOUTH LINE OF BLOCKS THIRTEEN (13) AND FOURTEEN (14) TO THE NORTH LINE OF THE SOUTH ONE-HALF (S 1/2) OF CLOSED LAUREL AVENUE; AND THE ALLEY SEPARATING LOTS ONE (1) THROUGH FIVE (5) INCLUSIVE FROM LOTS SIX (6) AND FIFTEEN (15) IN BLOCK 14, ALL ACCORDING TO THE PLAT OF SEA CREST BEACH SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 3 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THE STREET KNOWN AS LAUREL AVENUE AND BANKS STREET AND THE ALLEY ABOVE DESCRIBED HAVING BEEN CLOSED BY A RESOLUTION OF THE COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA.
PARCEL II
ALL OF BLOCK FIFTEEN (15), LESS THAT PART OF LOTS EIGHT (8) AND NINE (9), LYING WITHIN THE RIGHT OF WAY OF A-1-A; AND ALL OF BLOCK SIXTEEN (16), EXCEPT LOTS ONE (1), TWO (2), FOUR (4), AND FIVE (5), AND LESS THE EASTERLY 24 FEET OF LOTS SIX (6) AND FIFTEEN (15), PER OFFICIAL RECORDS BOOK 514, PAGE 924, ACCORDING TO THE PLAT OF SEA CREST BEACH. AS RECORDED IN BOOK 3, PAGE 3 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA.
PARCEL Ill
LOTS ONE (I) AND TWO (2), BLOCK SIXTEEN (16), SEA CREST BEACH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 3 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA.
PARCEL IV
THAT PORTION OF HOLLY AVENUE AS SHOWN ON PLAT OF SEA CREST BEACH, PLAT BOOK 3, PAGE 3 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF A-1-A WHICH WAS VACATED BY RESOLUTION NO. 80-34 BY THE CITY COMMISSIONER OF THE CITY OF COCOA BEACH, FLORIDA, DATED OCTOBER 16, 1980.
PARCEL V
THAT PORTION OF AN UNNAMED ALLEY VACATED AND ABANDONED BY THE CITY OF COCOA BEACH IN ORDINANCE NUMBER 1635, RECORDED IN RECORD BOOK 8524, PAGE 2834, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF BLOCKS 13, 14, AND 15, AND A PORTION OF BLOCK 16, THE SOUTH ONE-HALF OF VACATED LAUREL AVENUE, VACATED BANKS STREET LYING BETWEEN BLOCKS 13 AND 14 AND ALSO LYING BETWEEN BLOCKS 15 AND 16, THE VACATED ALLEY IN BLOCK 14 AND THAT PORTION OF HOLLY AVENUE VACATED BY THE CITY OF COCOA BEACH IN RESOLUTION NO. 80-34, ALL IN SEA CREST BEACH ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 3 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND LYING WITHIN SECTION 3, TOWNSHIP 25 SOUTH, RANGE 37 EAST, BREVARD
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 9, IN SAID BLOCK 15; THENCE N89O38'11"E, ALONG THE SOUTH LINE OF SAID BLOCK 15, A DISTANCE OF 25.01 FEET, TO THE EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A (NORTH ATLANTIC AVENUE) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE N03"03'58"E, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 280.00 FEET, TO THE NORTH LINE OF SAID BLOCK 15; THENCE N89O37'39"E, ALONG SAID NORTH LINE, A DISTANCE OF 50.00 FEET, TO THE WEST LINE OF THAT PORTION OF HOLLY AVENUE VACATED BY CITY OF COCOA BEACH RESOLUTION NO. 80-34 AS RECORDED IN OFFICIAL RECORDS BOOK 2266, PAGE 178 THROUGH 180 THENCE N03O00'02"E, ALONG SAID WEST LINE, A DISTANCE OF 49.98 FEET, TO THE SOUTH LINE OF SAID BLOCK 13; THENCE S89O37'39"W, ALONG SAID SOUTH LINE, A DISTANCE OF 50.00 FEET, TO SAID
EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A; THENCE N03O03'58"E, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 307.27 FEET, TO THE CENTERLINE OF LAUREL AVENUE VACATED BY THE BREVARD COUNTY COMMISSIONERS BY RESOLUTION RECORDED IN DEED BOOK 355, PAGE 619; THENCE N89O38'48"E, ALONG THE CENTERLINE OF SAID LAUREL AVENUE, A DISTANCE OF 1,183.30 FEET, TO THE EROSION CONTROL LINE, CREATED BY RESOLUTION RECORDED IN OFFICIAL RECORDS BOOK 4242, PAGE 492, AND MAPS RECORDED IN SURVEY BOOK 8, PAGES 38 THROUGH 56; THENCE THE FOLLOWING 4 COURSES ALONG SAID EROSION CONTROL LINE: (1) S05O47'36"W, A DISTANCE OF 68.84 FEET; (2) S05O18'05"W, A DISTANCE OF 273.29 FEET; (3) S05O36'49"W, A DISTANCE OF 131.77 FEET; (4) S04O41'55"W, A DISTANCE OF 52.14 FEET TO THE SOUTH LINE OF LOT 3 IN SAID BLOCK 16; THENCE S89O34'42"W, ALONG SAID SOUTH LINE, A DISTANCE OF 469.74 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE
N03O29'13"E, ALONG THE WEST LINE OF LOTS 1, 2, AND 3 IN SAID BLOCK 16, A DISTANCE OF 168.06 FEET TO THE SOUTH LINE OF SAID HOLLY AVENUE; THENCE S89O36'54"W. ALONG SAID SOUTH LINE, A DISTANCE OF 40.09 FEET, TO THE WEST LINE OF THE EAST 24.00 FEET OF LOTS 15 AND 16 IN SAID BLOCK 16; THENCE S03O28'56"W, THE WEST LINE OF THE EAST 24.00 FEET OF LOTS 15 AND 16 IN SAID BLOCK 16, A DISTANCE OF 280.33 FEET, TO THE SOUTH LINE OF SAID BLOCK 16: THENCE S89O38'11"W, ALONG THE SOUTH LINE OF SAID BLOCKS 15 AND 16, A DISTANCE OF 651.33 FEET, TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 684,473 SQUARE FEET OR 15.713 ACRES MORE OR LESS.
