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HomeMy WebLinkAbout1996 04 23 - R-96-28 ApprovalCity of Sebastian 1225 MAIN STREET (3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 April 23, 1996 Fred Hess Sebastian Christian Church PO Box 781040 Sebastian, FL 32978-3058 RE: God's Little Acre Subdivision Dear Mr. Hess: Enclosed please find a copy of Resolution No. R-96-28, approving the minor subdivision plat for God's Little Acre, adopted by the City Council at its April 10, 1996 Regular Meeting. This is to inform you that the plat of record for the above referenced minor subdivision must be submitted to this office within 190 days of date of approval of City Council or by October 17, 1996. In accordance with Section 20A -16.3.C., failure to file the plat of record with the City Clerk within 190 days of adoption shall void the subdivision approval. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran, CMC/AAE City Clerk KOH/sam cc: City Manager, Thomas Frame Community Development Public Works Planning & Zoning RESOLUTION NO. R-96-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF GOD'S LITTLE ACRE, A REPLAT OF TRACT F, SEBASTIAN HIGHLANDS UNIT 17, CONSISTING OF 3.13 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sebastian Christian Church, Inc. owns certain real property located within the corporate limits of the City of Sebastian; and WHEREAS, Sebastian Christian Church, Inc. desires to develop a minor subdivision on its real property lving in Sebastian, Indian River County, Florida; and WHEREAS, Sebastian Christian Church, Inc. has submitted a proposed minor subdivision to the City for its approval; and WHEREAS, the minor subdivision plat submitted meets all requirements as set forth in Section 20A-16.3 of the Land Development Code of the City; and WHEREAS, the minor subdivision plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, a professional engineer consulting for the City has determined that all required improvements meet the provisions of the Land Development_ Code of the Citv; and WHEREAS, the minor subdivision plat has been reviewed by a professional engineer and the City Attorney, with all their comments duly noted and corrected on the plat; and WHEREAS, all other conditions precedent to approval of the plat have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PLAT APPROVAL. The plat of God's Little Acre, as prepared by Kevin A. Smith, a Florida registered surveyor, bearing Certificate of Dedication dated [november 1, 1995, is hereby approved due to its compliance with Section 20A-16.3 of the Land Development Code of the City of Sebastian. Section 2. SIGNING OF THE PLAT. The Mayor is authorized to sign the plat. Section 3. RECORDING OF THE PLAT. The City Clerk is directed to present the plat to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the 2 o X 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 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember 7-kC611(� JL The motion was seconded by Councilmember ,&Lj2L0 and, upon being put to a vote, the vote was as follows: Mayor Louise Cartwright Vice Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard Taracka The Mayor thereupon declared this Resolution duly passed / and adopted this /04- day of 1996. CITY OF SEBASTIAN, FLORIDA ATT•ST: Kathr;n M. O'Halloran, CMC/AAE City Clerk (SEAL) By: r -A� (_D� L( Z «v«_ Lduise Cartwright Mayor 3 Approved as to Form and Content: ?.7 Clifton A. McClelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: PUBLIC HEARING REGARDING ) R-96-28 ACCEPTANCE OF THE MINOR ) SUBDIVISION PLAT FOR GOD'S LITTLE ) ACRE ) Approved For Submittal By: City Manager ! u/99.� EXPENDITURE REQUIRED: AMOUNT BUDGETED: Agenda Number: %,0(06 Dept. Origin: Community Development Date Submitted: 4/03/96 For Agenda Of: 4/10/96 Exhibits: 1. R-96-28 2. Applic. for Minor Subdivision 3. Plat of God's Little Acre 4. P & Z memo of 2/16/96 5. Masteller letter of 2/13/96 6. Tim Williams memo of 4/3/96 7. Vicinity Map SUMMARY STATEMENT APPROPRIATION REQUIRED: The City of Sebastian has received an application for a minor subdivision plat from Sebastian Christian Church, Inc. The proposed minor subdivision will divide the existing Tract F of Sebastian Highlands Unit 17 into four lots. The property was rezoned from PS (Public Service) to RS -10 (single family residential) in 1995, and the proposed subdivision will meet all size requirements for that zoning district. Since this subdivision is creating 4 lots on an existing paved road, and does not require any extension of offsite improvements, this proposal meets Section 20A-16.1(C)l of the Land Development Code for a minor subdivision. At its regular meeting of February 15, 1996, the Planning and Zoning Commission reviewed this minor subdivision in accordance with the Land Development Code and recommended approval by the City Council, with conditions as noted. Pursuant to Section 20A-16.3 A & B of the Land Development Code, the City contracted with Masteller & Moler, Inc. to review the proposed minor subdivision plat in accordance with this procedure. The comments from Devon Rushnell of Masteller & Moler are attached for your review. Comments from Tim Williams, Assistant City Attorney, are also attached. ACTION Conduct public hearing regarding Resolution R-96-28. Move to adopt Resolution No. R-96-28.