HomeMy WebLinkAbout1990 11 14 - R-90-46 RecordedRECORD VERIFIED
�- JEFFREY K. BARTON
CLERK CIRCUIT COURT
33 ' RESOLUTION NO. R-90-46 INDIAN RIVE=R CO., FLA
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY FLORIDA, PROVIDING FOR THE APPROVAL OF A
PRELIMINARY DEVELOPMENT PLAN (PLAT) FOR A PUD(C)
COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PARCEL OF
LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH
OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF
COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE
AND ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN
AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, SUBJECT
TO CERTAIN CONDITIONS; WAIVING SINGLE SITE PLAN
SUBMISSION; WAIVING CERTAIN SIDEWALK REQUIREMENTS;
PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Sebastian General Partnership,
B.F.T., (hereinafter referred to as the "Applicant"), is the
owner of a certain tract of real property located in the City of
Sebastian, Indian River County, Florida; and,
WHEREAS, the Applicant has requested that the City Council
of the City of Sebastian approve the Preliminary Development Plan
(Plat) for a PUD(C) Commercial Planned Unit Development submitted
to the City; and
WHEREAS, the city staff and the City Planning and Zoning
Commission have reviewed the Preliminary Development Plan (Plat)
submitted by the Applicant and have recommended approval subject
to the imposition of several conditions; and,
WHEREAS, the applicant has requested that the sidewalk
requirements set forth in Section 20A -17.1K, of the Land
Development Code be waived if the Applicant provides
bicycle/pedestrian paths that allow for adequate pedestrian
circulation; and,
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WHEREAS, the Applicant has requested a waiver of the
requirements of Section 20A-4.13 B2., and that individual site
plans be submitted to allow for a pleasing and harmonious overall
environment in accordance with Section 20A-10.2 B; and,
WHEREAS, the City Council has considered the requirements of
Section 20A-4.6 of the Land Development Code and the provisions
of the Land Development Code referred to therein; and,
WHEREAS, the City Council has determined that the
Preliminary Development Plan (Plat) submitted by the Applicant
should be approved subject to the conditions set forth in this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. PRELIMINARY DEVELOPMENT PLAN (PLAT) APPROVAL.
The Preliminary Development Plan (Plat) submitted to the City by
Sebastian General Partnership, B.F.T., with respect to the PUD(C)
Commercial Planned Unit Development for the certain tract of real
property owned by the Applicant, consisting of approximately
58.09 acres located south of County Road 512, north of the
intersection of County Road 512 and Fleming Street, approximately
three and one-half miles west of U.S. Highway 1, also known as
State Route 5, and east of Strait Avenue, and more particularly
described as:
"A parcel of land in the NE 1/4 of Section 13, Township 31
South, Range 38 East, known as Chesser's Gap, described as
follows: That part of the NW 1/4 of the NE 1/4 of Section
13, Township 31 South, Range 38 East, lying South of
Fellsmere Road, AND ALSO the West 1/2 of the NE 1/4 of
the NE 1/4 of Sec. 13, Township 31 South, Range 38 East.
All of the above land now lying in the City of Sebastian,
Indian River County, Florida",
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is hereby approved, subject to the conditions and restrictions
contained elsewhere in the Resolution.
Section 2. CONDITIONS AND RESTRICTIONS. The approval of
the Preliminary Development Plan (Plat) as set forth in Section 1
of this Resolution is conditioned upon the Applicant, and its
successors in interest, complying with the following conditions
and restrictions:
1. All improvements made to the subject real property,
as outlined in the Traffic Study to County Road 512 (traffic
light, right turn lane and left turn lane) will be constructed by
the Applicant at its expense, in accordance with the requirements
of Indian River County, Florida. This condition shall not
operate to preclude Indian River County from requesting
modifications or additions to the improvements as Indian River
County deems necessary and proper.
2. Applicant shall be authorized to construct all
required streets, on-site storm water tracts, street lighting,
and all other improvements to Fleming Street/Vocelle Extension as
indicated on the Preliminary Development Plan (Plat) dated
July 23, 1990.
3. Applicant shall construct a stabilized emergency
access way that will allow
for
police, fire,
rescue and ambulance
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vehicular travel from the
west
end of the street constructed
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the Commercial Planned
Unit
Development
to Wave Street
in
Sebastian Highlands, Unit 6.
The design
standards for
the
stabilized emergency access
way shall be in
compliance with
the
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requirements determined by
the
City Engineer.
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4. Applicant may submit a final plan (plat) or phased
final plans (plats) for the approval of the City in accordance
with the provisions of Section 20A-4.11 of the Land Development
Code after the improvements set forth in paragraphs 1 through 3
of this Section 2 have been completed and certified by the
Applicant's Engineer and the City's Engineer.
5. Applicant shall not submit a final plat for approval
nor shall a final plat be approved until central water and
sanitary sewer has been constructed and approved by the
appropriate governmental authorities and agencies having
jurisdiction. This shall not preclude the applicant from
receiving approval from H.R.S. and the Fire Inspector utilizing
an interim plan for the central water. This provision shall not
preclude the applicant from relief under Section 20A-16.4 C5.
6. Each site plan for individual lots that is
submitted to the City which indicates that the ownership of the
real property that is the subject of the site plan is owned by a
person or entity other than the Applicant must include
agreements, covenants, contracts, deed restrictions and/or
sureties acceptable to the City and the City Attorney to ensure
that such owner will be bound by the commitments made by the
Applicant as set forth in the Preliminary Development Plan. A
master set of deed restrictions will satisfy this condition
provided such deed restrictions have been previously approved by
the City and City Attorney.
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Section 3. WAIVER OF SINGLE SITE PLAN SUBMISSION. The
Preliminary Development Plan (Plat) submitted by Applicant need
not contain the information required by Section 20A-4.13 B.2 of
the Land Development Code. Applicant will be developing in
stages and shall submit the site plan for each individual lot for
review and approval of the City in accordance with Article X of
the Land Development Code. The review process shall consider
that this is a Planned Unit Development, being developed under
Article IV.
Section 4. WAIVER OF SPECIFIC SIDEWALK REQUIREMENTS.
Applicant need not construct sidewalks on both sides of the
street comprising the Commercial Planned Unit Development
pursuant to Section 20A-17.1 K., so long as Applicant constructs
a sidewalk consisting of a bicycle and pedestrian path which is
at least six (6) feet wide, is on the westerly side of the
Fleming/Vocelle extension, and provides adequate pedestrian
circulation.
Section 5. BINDING EFFECT. Applicant shall submit
appropriate assurances that any successors or assigns of
Applicant will comply with all provisions governing the
development of the Commercial Planned Unit Development in
accordance with this Resolution and the requirements of the Land
Development Code of the City of Sebastian and all provisions of
the Code of Ordinances of the City of Sebastian, including
provisions of Sections 20A -4.6D. The provisions of this
Resolution shall be binding upon any assigns and successors of
Applicant.
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Section 6. RECORDING. The City Clerk is hereby directed to
record this Resolution in the public records of Indian River
County, Florida.
Section 7. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed. In no
event shall this Resolution be deemed to repeal any part of
Ordinance No. 0-87-09.
Section 8. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 9. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
CouncilmanThe motion was
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seconded by Councilman and, upon being
put to a vote, the vote was as follows:
Mayor W.E. Conyers
Vice -Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
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The Mayor thereupon declared this Resolution duly passed and
adopted this 1T�= day of 1990.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
BY: C+vL Gi `
W.E. Con rs, Mayor
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Kathryn M. O'Halloran, CMC/AAE
City Cferk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
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