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CITY OF PALM BAY, FLORIDA
NOTICE OF PUBLIC HEARING

Notice is hereby given that the City Council of the City of Palm Bay, Florida, will hold a public hearing for the purpose of enacting Ordinance Nos. 2017-01, 2017-02, 2017-03, 2017-18, 2017-19, 2017-20, 2017-46, 2017-56, 2017-57, 2017-63, 2017-65, 2017-66 and 2017-67 at City Hall, 120 Malabar Road, SE, Palm Bay, on October 3, 2017, at 7:00 P.M., titled as shown:

 ORDINANCE NO. 2017-01

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF CERTAIN REAL PROPERTY LOCATED NORTH OF AND ADJACENT TO MICCO ROAD, IN THE VICINITY WEST OF DOTTIE DRIVE AND NORTH OF LAGUNA CIRCLE, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR FILING A COPY OF THE ORDINANCE WITH THE BREVARD COUNTY CLERK OF THE CIRCUIT COURT, THE CHIEF ADMINISTRATIVE OFFICER OF BREVARD COUNTY, AND THE STATE OF FLORIDA, DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCE NO. 2017-02

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 183, COMPREHENSIVE PLAN REGULATIONS, SECTION 183.01, COMPREHENSIVE PLAN, SUBSECTION (D), ADOPTION OF FUTURE LAND USE MAP, BY AMENDING FUTURE LAND USE MAP SERIES NO. 2; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCE NO. 2017-03

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE OF THE CITY OF PALM BAY BY CHANGING THE ZONING OF PROPERTY FROM GU (GENERAL USE DISTRICT) (BREVARD COUNTY) TO RR (RURAL RESIDENTIAL DISTRICT); WHICH PROPERTY IS LOCATED NORTH OF AND ADJACENT TO MICCO ROAD, IN THE VICINITY WEST OF DOTTIE DRIVE, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE OF THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCE NO. 2017-18

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF CERTAIN REAL PROPERTY LOCATED IN THE VICINITY NORTH OF EMERSON DRIVE, EAST OF ST. JOHNS HERITAGE PARKWAY, AND WEST OF AMADOR AVENUE, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR FILING A COPY OF THE ORDINANCE WITH THE BREVARD COUNTY CLERK OF THE CIRCUIT COURT, THE CHIEF ADMINISTRATIVE OFFICER OF BREVARD COUNTY, AND THE STATE OF FLORIDA, DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-19

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 183, COMPREHENSIVE PLAN REGULATIONS, SECTION 183.01, COMPREHENSIVE PLAN, SUBSECTION (D), ADOPTION OF FUTURE LAND USE MAP, BY AMENDING FUTURE LAND USE MAP SERIES NO. 2; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-20

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE OF THE CITY OF PALM BAY BY CHANGING THE ZONING OF PROPERTY FROM
GU (GENERAL USE DISTRICT) (BREVARD COUNTY) TO GU (GENERAL USE HOLDING DISTRICT); WHICH PROPERTY IS LOCATED IN THE VICINITY NORTH OF EMERSON DRIVE, EAST OF ST. JOHNS HERITAGE PARKWAY, AND WEST OF AMADOR AVENUE, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE OF THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-46

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 183, COMPREHENSIVE PLAN REGULATIONS, SECTION 183.01, COMPREHENSIVE PLAN, SUBSECTION (D), ADOPTION OF FUTURE LAND USE MAP, BY AMENDING FUTURE LAND USE MAP SERIES NO. 2; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-56

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A THIRTY (30) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, SURROUNDING PARCEL 254, LOCATED EAST OF AND ADJACENT TO CLEARMONT STREET, ACCORDING TO THE PLAT THEREOF AS RECORDED IN OFFICIAL RECORDS BOOK 2478, PAGE 2798, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-57

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE REAR TWENTY (20) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOCATED WITHIN LOT 6, BLOCK 213, PORT MALABAR UNIT 7, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 130, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-63

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE OF THE CITY OF PALM BAY BY CHANGING THE ZONING OF PROPERTY FROM RR-1 (RURAL RESIDENTIAL (BREVARD COUNTY)) TO PUD (PLANNED UNIT DEVELOPMENT) FOR THE FIRST PHASE OF A RESIDENTIAL SUBDIVISION TO BE KNOWN AS CHAPARRAL PUD; WHICH PROPERTY IS LOCATED SOUTH OF AND ADJACENT TO MALABAR ROAD, IN THE VICINITY EAST OF ALLISON DRIVE, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE OF THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-65

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XI, BUSINESS REGULATIONS, CHAPTER 120, CANNABIS DISPENSING BUSINESSES, IN ORDER TO COMPLY WITH SECTION 381.986(11), FLORIDA STATUTES.; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-66

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; AMENDING THE CODE OF ORDINANCES OF THE CITY OF PALM BAY, FLORIDA (THE “CODE”); CREATING A NEW CHAPTER 101 IN THE PALM BAY CODE TO BE ENTITLED “COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY”; PROVIDING FINDINGS AND INTENT; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION OF COMMUNICATION SERVICE PROVIDERS; PROVIDING FOR RULES AND REGULATIONS FOR COMMUNICATIONS SERVICE PROVIDERS, WIRELESS SERVICE PROVIDERS, AND SMALL WIRELESS SERVICE PROVIDERS AND THEIR FACILITIES; PROVIDING FOR A DUTY TO NOTIFY; PROVIDING FOR REVOCATION AND SUSPENSION; PROVIDING FOR TERMINATION; PROVIDING FOR APPEALS; PROVIDING FOR APPLICATION OF THESE RULES TO EXISTING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR INSURANCE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR CONSTRUCTION BOND; PROVIDING FOR ABANDONMENT OF A COMMUNICATIONS FACILITY; PROVIDING FOR PASS-THROUGH PROVIDER FEES AND FEES FOR USE OF CITY UTILITY POLES; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR THIS ORDINANCE TO CONTROL IN THE EVENT OF CONFLICT WITH OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 ORDINANCE NO. 2017-67

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2017 BUDGET BY APPROPRIATING and allocating funds as follows: USE OF UNDESIGNATED FUND BALANCE IN THE FOLLOWING FUNDS: GENERAL FUND; Law enforcement trust fund; parks impact fee fund; transportation impact fee fund; 2010 PST Revenue Bond fund; uTILITies connections fee FUND; utilities renewal and replacement fund; utilities main line extension fee fund; assessment usa 1 fund; assessment unit 31 fund; building fund; stormwater utility fund; and fleet services fund; recognizing revenue florida bar grant award; police confiscated funds; reduction in build america bonds subsidy revenue; department of economic opportunity grant for pb shoreline restoration project; reduction in utility state revolving loan proceeds for use on cogan project; removal of st johns river water management district grant for pb treatment train project; chargeback internal labor; insurance proceeds for workers compensation claim; transfer from general fund to 2010 pst revenue bond fund and fleet services fund, transfer from Utility operating to Utility renewal AND replacement fund; RECOGNIZING THAT SUCH APPROPRIATIONS MUST BE MADE PURSUANT TO THE CODE OF ORDINANCES OF THE CITY OF PALM BAY, CHAPTER 35; ADOPTING, RATIFYING, CONFIRMING, AND VALIDATING THE ALLOCATIONS; PROVIDING FOR AN EFFECTIVE DATE.

Interested parties may appear at the meeting and be heard with respect to the proposed ordinance(s).  The ordinance draft(s) may be inspected by the public from 8:30 A.M. to 5:00 P.M., weekdays, in the Office of the City Clerk, City Hall, 120 Malabar Road, SE, Palm Bay, Florida.

Any aggrieved or adversely affected person desiring to become a party in the quasi-judicial proceeding shall provide written notice to the City Clerk which notice shall, at a minimum, set forth the aggrieved or affected person's name, address, and telephone number, indicate how the aggrieved or affected person qualifies as an aggrieved or affected person and indicate whether the aggrieved or affected person is in favor of or opposed to the requested quasi-judicial action. The required notice must be received by the Clerk no later than five (5) business days at the close of business, which is 5 p.m., before the hearing.  (§ 59.03, Palm Bay Code of Ordinances).

If an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a record of the proceedings will be required and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based (FS 286.0105).  Such person must provide a method for recording the proceedings verbatim.

Terese M. Jones, CMC
City Clerk


Public Hearings for Growth Management Department