HomeMy WebLinkAboutResolution No. 2017-22 (Vested Rights) RESOLUTION NO. 2017-22
A RESOLUTION OF THE CITY COUNCIL OF CAPE
CANAVERAL, FLORIDA; PURSUANT TO ORDINANCE NOS.
05- 2017 AND 06-2017, PROVIDING FOR THE VESTING OF THE
EXISTING RESIDENTIAL CONDOMINIUM OR TOWNHOUSE
PROJECTS LOCATED WITHIN THE CITY AND LISTED IN
THIS RESOLUTION THAT HAVE A RESIDENTIAL DENSITY
GREATER THAN THE MAXIMUM DENSITY OF FIFTEEN (15)
DWELLING UNITS PER ACRE ALLOWED UNDER
COMPREHENSIVE PLAN, FUTURE LAND USE ELEMENT,
POLICY LU-1.3.3; PROVIDING FOR COMPLETION AND
RECORDATION OF VESTED RIGHTS CERTIFICATES
APPROVED HEREUNDER, SEVERABILITY, FUTURE
MODIFICATIONS OF THIS RESOLUTION, ADDITIONAL
TERMS AND CONDITIONS AND AN EFFECTIVE DATE.
WHEREAS, on June 20, 2017, the City Council adopted Ordinance Nos. 05-2017 and
06- 2017 for purposes of providing criteria and a procedure by which the City Council can grant
vested rights certificates to certain existing condominium and townhouse projects vesting the
existing density of the project above the maximum fifteen (15) dwelling units per acre generally
permitted in residential zoning districts within the City of Cape Canaveral; and
WHEREAS, pursuant to the aforesaid Ordinances, the City Council considered and
made a preliminary determination, on November 21, 2017, that the written catalog prepared by
City Staff evidences the existing residential condominium or townhouse projects located within
the City that have a residential density greater than the maximum density generally allowed
under Comprehensive Plan, Future Land Use Element, POLICY LU-1.3.3; and
WHEREAS,subsequent to the November 21,2017 City Council meeting, and pursuant to
Ordinance No. 06-2017, City Staff published the newspaper advertisement and notice to
condominium associations advertising a public hearing for the City Council's consideration of this
Resolution; and
WHEREAS, the City Council finds it is an important government interest to protect the
interests of private property owners, that have purchased a condominium or townhome unit, from
loss of their respective investment in the unit solely because the unit could not be reconstructed
to the residential density that was lawfully approved by the City or County on the legal basis that
the lawfully approved residential density is not consistent with the City's current Comprehensive
Plan generally limiting residential densities to a maximum of fifteen (15) dwelling units per acre;
and
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Resolution No. 2017-22
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WHEREAS, the City Council also finds that this Resolution provides certainty and
predictability in the use and conveyance of land and interests therein, and protecting private
property rights of existing and completed residential condominium and townhouse projects; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens and
businesses of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CAPE
CANAVERAL, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Approval of Existing Projects to be Vested. Pursuant to the criteria and
requirements of Ordinance No. 06-2017, the City Council, after conducting a duly held public
hearing and considering all evidence and testimony presented at the hearing, hereby finds the
following existing condominium and townhome projects shall be afforded a Vested Rights
Certificate vesting the Project's existing residential density, and the required Project information
shall be contained in the written catalog as a historical record of the decision made by the City
Council pursuant to this Resolution:
Project Address Approx. Units Approx.
Acreage Density
Atlantic Gardens Condo 8401 N. Atlantic Ave. 7.46 160 21.45
Barbizon Condo 215 Circle Dr. 0.902 30 33.26
Beach Club Condo 211 Circle Dr. 0.85 30 35.29
Bermuda House Condo (Ph 1 & 2) 233 Circle Dr. 0.6 10 16.67
Canaveral Breakers Annex Apts. 8522 N. Atlantic Ave. 1.3 42 32.31
Canaveral Breakers Condo 8521 Canaveral Blvd. 0.88 30 34.09
Canaveral Circle Condo 8416 Canaveral Blvd. 0.39 6 15.38
Canaveral Towers 7520 Ridgewood Ave. 4.72 89 18.86
Casa Canaveral Condo 300 Monroe Ave. 0.573 24 41.88
Casa Serena Condo Ph 1 8531 Canaveral Blvd. 0.49 8 16.33
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Resolution No. 2017-22
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Coral Palms Condo 353 Polk Ave. 0.286 8 27.97
Ebb Tide Condo Apts. 299 Central Blvd. 0.6 16 26.67
Golden Gate Manor Condo 202 Caroline St. 0.344 22 63.95
Jeanie by the Sea Condo 404 Tyler Ave. 0.286 20 69.93
Jeanie II by the Sea Condo 406 Tyler Ave. 0.286 20 69.93
Jefferson Arms Condo 610 Jefferson Ave. 0.45 14 31.11
Johnson Arms Condo 420 Johnson Ave. 0.42 8 19.05
Lamp Post Apts. Condo 7515 Ridgewood Ave. 0.71 22 30.99
Majestic Bay Condo 161 Majestic Bay Ave. 0.97 15 15.46
Manatee Condo 204 Adams Ave. 0.286 12 41.96
Morgan Manor Condo 7801 Ridgewood Ave. 1.04 35 33.65
Ocean Mist Condo 302 Lincoln Ave. 0.41 14 34.15
Ocean Park Condo North 375 Polk Ave. 1.72 66 38.37
Ocean Park Condo South 351 Taylor Ave. 1.76 68 38.64
Pearl of the Sea Condo 7165 Ridgewood Ave. .45 16 35.5
Ridgewood Condo of Cape 7605 Ridgewood Ave. 1.06 37 34.91
Canaveral
Sand Fires Condo 405 Adams Ave. 0.286 12 41.96
Sand Pebbles Condo 504 Fillmore Ave. 1.48 30 20.27
Sand Reef Condo 6915 Ridgewood Ave. 0.87 22 25.29
Sea Era Sands Condo 555 Harrison Ave. 1.44 24 16.67
Starbeach Condo 401 Monroe Ave. 2.07 68 32.85
Sunrise Condo Apts. 7676 Magnolia Ave. 0.28 7 25.00
The Cedars Apts. Condo 7101 Ridgewood Ave. 0.61 15 24.59
The Plaza Condo 223 Columbia Dr. 2.94 129 43.88
Treasure Island Club Condo 300 Columbia Dr. 6.462 114 17.64
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Resolution No. 2017-22
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Ph 1 1.772 38
Ph II 2.5 38
Ph III 2.19 38
Victorian Apts. of Cape Canaveral 220 Columbia Dr. 0.679 32 47.13
Condo
The number of existing units of said projects shall be vested in accordance with the terms and
conditions set forth in Ordinance No. 06-2017. Nothing contained herein shall be construed or
interpreted as vesting anything more than the number of existing units of said projects.
Section 3. Future Modifications to this Resolution. To the extent that other existing
residential condominium or townhome projects not listed in Section 2 of this Resolution are
determined by the City Council to meet the requirements for vesting existing residential densities
pursuant to Ordinance No. 06-2017,the City Council reserves the right to modify this Resolution to
include the projects.
Section 4. Completion of Vested Rights Certificates. The City Manager shall have
ninety (90) days from the effective date of this Resolution to prepare a Vested Rights Certificate
for each residential condominium or townhouse project approved for vesting of residential
density under this Resolution. The Certificate shall be in a form approved by the City Attorney
to allow the residential condominium or townhouse project's existing residential density to be
vested and remain at or below the existing residential density for so long as the subject property
remains in a condominium or townhouse form of ownership, as the case may be, notwithstanding
any provision of the City's Comprehensive Plan or Land Development Regulations with which
the residential density would otherwise appear to be inconsistent. Each completed Certificate
shall be executed by the Mayor and the Mayor's signature shall be attested to by the City Clerk,
who shall also emboss the Certificate with the City seal.
Section 5. Recordation. Vested Rights Certificates approved and executed in
accordance with this Resolution shall be recorded by the City Clerk in the Official Public Records
of Brevard County, Florida. Upon being recorded, the recorded Vested Rights Certificate may be
relied upon by the current and future owner(s) and mortgage holders of the subject property.
Section 6. Additional Terms and Conditions. This Resolution, and all Vested
Rights Certificates recorded under this Resolution, shall be subject to the terms and conditions set
forth in Ordinance Nos. 05-2017 and 06-2017, any amendments thereto.
Section 7. Severability. If any section, subsection, sentence, clause,phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural or any other reason, 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.
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Section 8. Effective Date. This Resolution shall take effect immediately upon adoption
by the City Council.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled this 19th day of December, 2017.
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown Second
Bob Hoog x
Wes Morrison x
Rocky Randels Motion
Angela Raymond x
ATTEST:
Mia Goforth,CMC,
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
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