HomeMy WebLinkAboutR-22-06 Spirit of Sebastian Preliminary Plat AmendmentsRESOLUTION NO. R-22-06
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTIONS E AND F OF
RESOLUTION 20-29 BY DELETING IN SECTION E "AND
IMPROVEMENTS TO DEL MONTE ROAD", DELETING
"EACH" AND ADDING "THE"; DELETING IN SECTION F
"AFTER", ADDING "WITH", DELETING `IS COMPLETED
WITH THE BULK OF CONSTRUCTION ACTIVITY
OCCURRING FROM THE SUBDIVISION SIDE", ADDING "A
STOP CONSTRUCTION TRAFFIC GATE SHALL BE
INSTALLED", DELETING "AFTER" AND ADDING "NO LATER
THAN"; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, Spirit of Sebastian, L.L.C. has filed an application for approval of a
preliminary plat and preliminary development plan for Pods l & 2 within a Planned Unit
Development known as Spirit of Sebastian Subdivision; and
WHEREAS, said development plan and plat comply with applicable State and
City codes and regulations; and
WHEREAS, the Planning and Zoning Commission unanimously recommended
the City Council approve the preliminary plat and preliminary development plan for Pods
1 & 2 at its November 19ih, 2020, public hearing.
WHEREAS, The City of Sebastian Florida has previously adopted the
preliminary approval of the plat and development plan for Pods 1 & 2 by Resolution No.
R-20-29 and is subsequently amending Sections E and F by this resolution.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. PRELIMINARY APPROVAL. The City Council of the City of
Sebastian, Florida does hereby approve the preliminary development plan and plat for
Pods I & 2 of Spirit of Sebastian Subdivision as prepared by John H. Blum, P.E, of
Carter Associates, Inc., bearing the latest revision date of October 22, 2020, including the
Pods I & 1 Landscape Plan as prepared by Robin Pelensky, P.L.A., bearing the latest
revision date of July, 24, 2020, but with the removal of any proposed landscaping along
Del Monte Road; both documents as maintained on file in the City Community
Development Department, subject to the following conditions:
A. Completion of the internal roadway (Spirit Boulevard) and driveway connection
to Bailey Drive is required prior to final platting of Pod 3, including the
improvements to Schumann and Bailey Drives as described in the Conclusion section
of the Traffic Impact Analysis done by Kimley-Hom, dated December 2018, in
addition to any other determined intersection improvements needed at Schumann
Drive & US Highway #I.
B. Prior to final platting of Pod 4, five-foot wide bike lanes shall be constructed on
both sides of S. Wimbrow Drive from Del Monte Road north to Sebastian Boulevard
only if permits for road and drainage improvements to Old Dixie Highway from
Saba] Way north to Sebastian Boulevard cannot be received from Indian River
County. Until construction of Pod 4, the developer shall continue to pursue Indian
River County for such permits on behalf of the subdivision. If permits are received
for improvements to Old Dixie Highway before development of Pod 4, construction
of improvements shall commence within 30 days of receipt of approval date. Final
improvement design of Old Dixie Highway shall include construction of a sidewalk.
C. Before approval of construction drawings for each Pod, a Base Flood Elevation
(BFE) shall be established for properties located in the Special Flood Hazard Areas
(SFHA) using accepted engineering practices, or submittal of a Letter of Map
Revision (LOMR) issued by FEMA.
D. A current tree survey, and a scrub jay and gopher tortoise survey in accordance
with FWS guidelines for each Pod shall be submitted before issuance of Land
clearing permits.
E. Approval by City Council of a "License to Encroach into Right -of -Way"
agreement for the construction of the entranceway over the Collier Creek Drainage
Canal, which shall also include a detailed maintenance agreement for the
improvement, must occur before approval of the Construction Drawings for the fast
Pod developed.
F. The entranceway over the Collier Creek Drainage Canal shall begin with
construction of the internal roads. In order to abate disturbance on Del Monte Road a
"stop" construction traffic gate shall be installed. Approved improvements to Del
Monte Road shall commence no later than 33% residential build -out of the first Pod
platted, and recreational facilities completed before final platting of the last phase (of
Pods 1& 2).
G. A more fully developed Stomrwater Pollution Prevention Plan (SWPPP) is
prepared and submitted with the subdivision construction plans that specifically
address work within the city's drainage canal and Del Monte Road ROW.
H. Final stormwater design shall be re -submitted with subdivision construction plans
after review and approval by SJRWMD including their agreement on the appropriate
BMP's necessary to provide adequate pollutant abatement.
I. In lieu of a bond for the second asphalt layer of the streets, usually laid after
construction of the homes are finished, Construction Plans must indicate both layers
of asphalt will be applied concurrently, accordingly to application standards.
J. Submittal of a bond equal to 110% of the estimated costs for the remaining lineal
footage of unfinished sidewalks for the exact amount of unbuilt lots that do not have
building permits applied for before the subsequent phase's final plat can be approved.
K. Natural gas lines shall be installed and available to the subdivision with details
provided in the Construction Drawings for each Pod or phase.
L. The Declaration of Covenants, Conditions, and Restrictions for Spirit of
Sebastian shall provide durable assurances regarding strong adherence to individual
property owners maintaining the dedicated perimeter and internal landscape
easements in accordance to the city -approved landscape plan for the subdivision, and
illustrate definitely where fences can be placed with regards to the landscape
easements.
M. At minimum, decorative light poles must be installed along the entire length of
Spirit Boulevard, in coordination with Florida Power & Light.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect the
intent may be authorized by the City Manager, or the City Manager's designee, without
need of further action of City Council by filing a corrected copy of same with the City
Clerk.
Section 4. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
p{Qpaz tt-M The motion was seconded by Councilmember
Nunn and, upon being put to a vote, the vole was as follows:
Mayor Jim Hill
Vice -Mayor Fred Jones
aye
Councilmember Ed Dodd
aye
Councilmember Bob McPartlan
aye
Councilmember Christopher Nunn
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of
January 2022.
ATTEST:
. ee nette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Ji it , 4Mayor
Approved as to form and content for
reliance by the City of Sebastian
only:
Maghy Anfln, Jr.,
City Attorney ,