HomeMy WebLinkAboutResolution No. 2016-26 RESOLUTION NO. 2016-26
A RESOLUTION OF THE CITY COUNCIL OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
APPROVING THE APPLICATION FOR THE FINAL PLAT
OF CAPE PARK TOWNHOMES, GENERALLY LOCATED
AT 350 MONROE AVENUE, CAPE CANAVERAL;
PROVIDING FOR REPEAL OF PRIOR, INCONSISTENT
RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, on February 1, 2016, Antonio Romano submitted a preliminary and final
plat application for a plat entitled "Cape Park Townhomes", located at 350 Monroe Avenue,
Cape Canaveral, upon real property legally described as set forth in Exhibit "A" attached hereto
and fully incorporated herein; and
WHEREAS, the proposed plat entitled "Cape Park Townhomes" is a replat of an
approximately .28 acre site into five platted lots for townhome residences; and
WHEREAS, city staff reviewed the preliminary plat for "Cape Park Townhomes" and
recommended approval to the Planning and Zoning Board; and
WHEREAS, on June 8, 2016, the Planning and Zoning Board recommended approval of
the preliminary plat entitled"Cape Park Townhomes"; and
WHEREAS, on September 20, 2016, the City Council accepted the Planning and Zoning
Board's recommendation and approved the preliminary plat for"Cape Park Townhomes"; and
WHEREAS, city staff and the City Engineer have reviewed the proposed final plat and
have determined that it is in accordance with City Code; and
WHEREAS, on October 12, 2016, the Planning and Zoning Board recommended
approval of the proposed final plat entitled"Cape Park Townhomes"; and
WHEREAS, pursuant to section 98-61, City Code, the final plat is subject to a City
Council vote, in resolution form, to either accept, reject, or modify the Planning and Zoning
Board's recommendation; and
WHEREAS, the City Council desires to accept the Planning and Zoning Board's
recommendation and approve the final plat for Cape Park Townhomes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA, AS FOLLOWS:
City of Cape Canaveral
Resolution No.2016-26
Page 1 of 4
Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated
herein by this reference as part of this Resolution.
Section 2. Findings and Approval of Final Plat Application.
(A) Pursuant to section 98-61(b), the City Council hereby finds: (1) The application is in
compliance with the provisions of Chapter 98, Article II, City Code, and applicable law. (2) The
application is consistent with the city's comprehensive plan. (3) The application does not create
any lots, tracts of land or developments that do not conform to the City Code. (4) The
application provides for proper ingress and egress through a public or approved private street or
perpetual cross access easements.
(B) The City Council hereby accepts the recommendation of the Planning and Zoning Board to
approve the final plat for Cape Park Townhomes. The final plat for Cape Park Townhomes is
hereby approved.
(C) The property will be subject to and in compliance with all regulations and ordinances as set
forth in the City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of this
Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
(Signature Page Follows)
City of Cape Canaveral
Resolution No.2016-26
Page 2 of 4
ADOPTED by the City Council of the City o pe Canavera Florida, this 18th day of
October, 2016.
Bob Hoog, Mayor
For Against
John Bond Second
Mike Brown x
y, M Bob Hoog x
4?AtxAvt ,444, Brendan McMillin x
•
0.. 4 Betty Walsh Muer;nn
1
•
ATTEST (City Seal):
C-64**4
Mia Goforth, C C
City Clerk
Approved as to legal form and sufficiency for
the City of a Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No. 2016-26
Page 3 of 4
EXHIBIT "A"
LOTS 14 AND 15, BLOCK 21 AS SHOWN ON THE PLAT OF AVON-BY-
THE-SEA, PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF
BREYARD COUNTY, FLORIDA, THE PERIMETER OF WHICH BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST OF SAID
LOT 15, THENCE ON A BEARING OF WEST, ALONG THE SOUTH LINE
OF SAID LOTS 14 AND 15, A DISTANCE OF 99.99 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 14; THENCE N.01°43'26"E., ALONG
THE WEST LINE OF SAID LOT 14, A DISTANCE OF 124.27 FEET TO THE
NORTHWEST CORNER THEREOF; THENCE S.89°55'57"E., ALONG THE
NORTH LINE OF SAID LOTS 14 AND 15 A DISTANCE OF 99.98 FEET TO
THE NORTHEAST CORNER OF SAID LOT 15; THENCE S.01°43'26"W.,
ALONG THE EAST LINE OF SAID LOT 15, A DISTANCE OF 124.15 FEET
TO THE POINT OF BEGINNING.
Containing 0.28 acres more or less.
City of Cape Canaveral
Resolution No.2016-26
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