CITY COUNCIL AGENDA ITEM
Memo Date: November 20, 2023
Agenda Date: November 28, 2023
Prepared By: Anthony Garganese, City Attorney
Through:
Requested Action:
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Two matters related to the Mountain Cove Homes at Lakes at Cocoa Grove Development - (1) Consider Petition filed by Mountain Cove Homes at Lakes at Cocoa Grove, LLC. to create a community development district pursuant to Chapter 190, Florida Statutes, and approve on First Reading Ordinance No. 27-2023 Creating the Lakes at Cocoa Grove Community Development District. (Community Services Director); and (2) Postpone consideration and approval of the First Amendment to Settlement Implementation Agreement to the City Council Meeting to be held on December 12, 2024 at 6:00 p.m. for purposes of preserving public notice of the adoption of the proposed agreement.
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BACKGROUND:
The subject property is 246.43 acres, more or less, and legally described in the proposed Ordinance. The subject property is generally located on the north side of State Road 528 at the corner of State Road 528 and I-95.
The subject property is subject to that certain Preceding Development Agreement by and between the City of Cocoa and Florida Space Needle, LLC., dated August 24, 2004 ("Preceding Development Agreement"). Following the Council's approval of the Preceding Development Agreement, the City Council annexed the land into the jurisdictional limits of the City of Cocoa, along with other real property on the north and south side of State 528 totaling over 700 acres of land. At the time, it was one of the largest annexations conducted by the City of Cocoa. Following the adoption of the annexation ordinance, Brevard County filed a lawsuit challenging the annexation of the subject property. The City prevailed in the lawsuit at the 5th District Court of Appeal and entered into that certain Stipulated Settlement Agreement between Brevard County v. City of Cocoa, Case N. 05-2005-018141, which was recorded on ...
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