HomeMy WebLinkAboutcocc_resolution_no_2021-01_20210119RESOLUTION NO. 2021-01
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; APPROVING THE APPLICATION
FOR THE FINAL PLAT OF THE VILLAS AT FILLMORE
TOWNHOMES, GENERALLY LOCATED ON FILLMORE AVENUE,
CAPE CANAVERAL; PROVIDING FOR REPEAL OF PRIOR,
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Wittekind Enterprises, Inc., Ronald Abeles and Janet Parasmo submitted a
preliminary and final plat application for a plat entitled "The Villas at Fillmore", located on
Fillmore Avenue, Cape Canaveral, upon real property legally described below; and
WHEREAS, the proposed plat entitled "The Villas at Fillmore" is a replat of real property
legally described as a portion of Lots 10, 11 and 12, Block 53, Avon -By -The -Sea according to the
map or plat thereof, as recorded in Plat Book 3, Page(s) of the Public Records of Brevard County,
Florida, except the west 11 feet of Lot 10 and except the east 25 feet of lot 12 into four platted
lots for townhome residences; and
WHEREAS, the City Staff and City Engineer have reviewed the final plat for "The Villas at
Fillmore," determined compliance with the City Code and recommended approval to the
Planning and Zoning Board; and
WHEREAS, on December 9, 2020, the Planning and Zoning Board recommended
approval of the final plat entitled "The Villas at Fillmore" to the City Council; 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 The Villas at Fillmore to facilitate the
construction of townhomes on the four platted lots being created by the final plat.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
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.
City of Cape Canaveral
Resolution No. 2021-01
Page 1 of 3
(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 11, City Code, and applicable law; (2)
the application is consistent with the city's comprehensive plan; (3) the application does not
create any Tots, tracts of land or developments that do not conform to the City Code; and
(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 the Villas at Fillmore. The final plat for The Villas at Fillmore is hereby
approved for purposes of constructing four townhomes on the four new lots being created by
the final plat.
(C) The property legally described on the final plat 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.
(Adoption and Signature Page Follows)
City of Cape Canaveral
Resolution No. 2021-01
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
January, 2021.
Bob Hoog, Mayor
For Against
Mike Brown Motion
Bob Hoog x
Mickie Kellum x
Wes Morrison Second
Angela Raymond x
ATTEST (City Seal)
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No. 2021-01
Page 3 of 3
SEAL of Cape Canaveral, Florida