HomeMy WebLinkAboutcocc_resolution_no_2022-01_20220816RESOLUTION 2022-01
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, APPROVING THE APPLICATION
FOR THE FINAL PLAT OF POINSETTA PLACE, GENERALLY
LOCATED ON THE CORNER OF JEFFERSON AVENUE AND
POINSETTA AVENUE, CAPE CANAVERAL; PROVIDING FOR
REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Poinsetta, LLC. submitted a preliminary and final plat application for a plat
entitled "Poinsetta Place", located on the corner of Jefferson Avenue and Poinsetta Avenue,
Cape Canaveral, upon real property legally described below; and
WHEREAS, the City Staff and City Engineer have reviewed the final plat for "Poinsetta
Place," determined compliance with the City Code and recommended approval to the Planning
and Zoning Board; and
WHEREAS, on August 3, 2022, 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 Poinsetta Place to facilitate the construction of
townhomes on the 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.
(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 Tots, tracts of land or developments that do not conform to the City Code; and
City of Cape Canaveral
Resolution 2022-01
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(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 Poinsetta Place. The final plat for Poinsetta Place is hereby approved
for purposes of constructing townhomes on the 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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
August, 2021.
Wes Morrison, Mayor
For Against
Kim Davis Second
Mickie Kellum Motion
Wes Morrison X
Angela Raymond x
Don Willis X
City of Cape Canaveral
Resolution 2022-01
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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 2022-01
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