ORDINANCE NO DRAFT

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Laura Owens
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1 ORDINANCE NO DRAFT 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 FIVE PARCELS OF LAND TOTALING 1.54 ACRES, MORE OR LESS, LOCATED ON THE EAST SIDE OF SOUTH ORLANDO AVENUE BETWEEN MINUTEMEN CAUSEWAY AND FIRST STREET SOUTH ON PARCELS IDENTIFIED WITH PARCEL ID NOS DD-32-22, DD-32-26, DD-32-27, DD-32-28, AND DD WITHIN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, FROM GENERAL COMMERCIAL TO PUBLIC; 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, the City desires to expand public services within the downtown area, to include a public parking garage and municipal police station; 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 consider the health, safety, welfare, comfort, and quality of life for all its citizens. ; and, WHEREAS, the Cocoa Beach Planning Board and Local Planning Agency held a duly noticed public hearing on July 10, 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 August 3, 2017 to consider the adoption of this small-scale comprehensive plan amendment. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Cocoa Beach, Florida as follows:

2 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 General Commercial to Public for five parcels located on the east side of South Orlando Avenue between Minutemen Causeway and First Street South, having Parcel ID Nos DD-32-22, DD-32-26, DD-32-27, DD-32-28, and DD-32-29, 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 upon adoption. Ordinance 1607 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 1607 Page 3 of 5

4 Parcel ID No DD Exhibit A Legal Description of Subject Parcels Lots 22, 23, 24, 25, Block 32, COCOA BEACH, according to the Plat thereof as recorded in Plat Book 3, Page 54, of the Public Records of Brevard County, Florida. Parcel ID Nos DD-32-26, DD-32-27, DD-32-28, and DD Lots 26, 27, 28 and 29, Block 32, COCOA BEACH SUBDIVISION, according to the plat thereof as recorded in Plat Book 3, Page 54 of the Public Records of Brevard County, Florida. Ordinance 1607 Page 4 of 5

5 Exhibit B Future Land Use Map 2025 (FLUE 2) Location of Subject Parcels From General Commercial to Public Ordinance 1607 Page 5 of 5

ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY OF COCOA BEACH, FLORIDA, as follows:

ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY OF COCOA BEACH, FLORIDA, as follows: 0 0 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE CITY CHARTER; - SECTION.0 FILLING OF VACANCIES, AND PROVIDING FOR A REFERENDUM ON THE CHARTER AMENDMENT;