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HomeMy WebLinkAboutR-25-41 Hawks LandingRESOLUTION NO. R-25-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE REPLATING OF BLOCKS 581, 582, AND 583 OF SEBASTIAN HIGHLANDS UNIT 17 TO CREATE 162 TOWNHOME LOTS AND APPLICABLE TRACTS FOR "HAWKS LANDING", A TOWNHOME SUBDIVISION ON 20.38 ACRES, LOCATED EAST OF SCHUMANN DRIVE, NORTH & WEST OF THE DAY DRIVE CANAL, AND SOUTH OF DAHL AVENUE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, St. Lucie Development Corp. has filed an application for a new Preliminary Plat approval for Hawk's Landing Subdivision; and WHEREAS, the Planning and Zoning Commission unanimously recommended the City Council approve the Preliminary Plat and Site Plan at its November 6th, 2025, public hearing; and WHEREAS, the City Council of the City of Sebastian, Florida has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its Staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed plat is consistent with the goals, objectives and other elements of the Comprehensive Plan 2040. B. The proposed plat is in conformity with the substantive requirements of the City of Sebastian code of Ordinances, particularly the Land Development Code. C. The proposed plat is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed plat is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed subdivision and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed plat will not result in any adverse impacts on the natural environment. G. The proposed plan will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed plat will result in an orderly and local development pattern. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. RECITALS/LEGISLATIVE FINDINGS/INTENT. a) The City Council of the City of Sebastian hereby adopts and incorporates the recitals above in the Whereas Clauses to this Resolution, the City Staff Report and the City Council Agenda Memorandum relating to this Resolution. b) The above recitals set forth in the Whereas Clauses of this Resolution are adopted by the City Council as legislative findings and the intent of the City Council. c) The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising the Resolution. Section 2. PROPERTY. The Preliminary Plat approved by the adoption of the Resolution applies to the following described real property, lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A " Property Survey Section 3. PRELIMINARY PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the Preliminary Plat for Hawk's Landing as prepared by James Wesley Mills, P.E., bearing the date stamp of and received by the Community Development Department on November 18, 2025, as maintained on file, subject to the following conditions: a) No conveyance of property shall occur until Preliminary Plat and Final Plat are approved. b) Submittal of a signed School Concurrency Availability Determination Letter (SCADL) from the School Board must be submitted to staff before issuance of the first building permit. c) The public Dog Park will be maintained by the Homeowner's Association in perpetuity. d) Maintenance of canal seawall, in accordance with City design and maintenance standards, along with road infrastructure, sidewalks, perimeter landscaping, and the stormwater system, including all integral infrastructure on and off site, will be the Homeowner's Association's responsibility and dedicated on the Final Plat. e) Proposed amenities must have their building permits issued no later than the fourth building's Certificate of Occupancy and constructed no later than a year from issuance, but no later than the issuance of the subdivision's Certificate of Completion. Section 5. 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. 2 Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember M n r 1 a n • The motion was seconded by Councilmember Dodd and, upon being put to a vote, the vote was as follows: Mayor Fred Jones aye Vice Mayor Bob McPartlan A vP Councilmember Ed Dodd ave Councilmember Sherrie Matthews n r, Councilmember Christopher Nunn nav The Mayor thereupon declared this Resolution duly passed and adopted this 3' day of December, 2025. ATTE S T: l Jovt h.c� t Catherine E. Testa/ Acting City Clerk 3 CITY OF SEBASTIAN, FLORIDA By. Mayor Fred Jones Approved as to form and legality: - -_ Jamts D.'Stokes, Interim City Attorney _ r =- �- I I I I I I I I I � I I, I _ I j' �'g-• �- ..L___L—_1---L__J_--L__J___1_--I---1---L— �. N00'00'001 1.132.55 f.W —4 ® BLOCK 553 E� � • �� d9 t g �� 30 i o APPLEBLIRG STREET :- yy�y =� �-1' �- VlW k9 $ BLOCK 582 ca Z 15ad o f th in i . p 'o ' .R . �° . • ' J d I ...v cy SUNBURST STREET I _� AY BLOCK 551 .------- - -- --- d -- ------ ---------- --,:� .-._. ._. _------6y - - - - -- -- -- -- p- '` s: :a. 500'00'00'W 1.257.55'CB.B.) 501RUM WATERWAY •tnm' no L4 - u.xatttcwi' „r caucm / `�\----1_--L--J---L---I---1_— .o •s. y0U/OART/TOPO wrt, �mrgwrysn �rATwzDRNE _ _ _ _ ___�°�„„° " °°`" •` ® KMA Engineering & Survc%ing. LI.0 ..useaeMn� �"�"+ C.enMl.e Eajlmmn 6 tm rim �. I lwn uRKt Vol^'^• •_� F -- -r KMA w,O.na r-ro i LocaliQ Florida PO Box 631244 Cincinnati, OH 45263-1244 GANNETT P U B L I C N 0 T I C E AFFIDAVIT OF PUBLICATION CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA RESOLUTION R-25-41 DEFAULT A RESOLUTION OF THE CITY OF _ City Of Sebastian SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE REPLAT- 1225 Main St ING OF BLOCKS 581, 582, AND 583 OF SEBASTIAN HIGHLANDS UNIT 17 Sebastian FL 32958 TO CREATE 162 TOWNHOME LOTS AND APPLICABLE TRACTS FOR "HAWKS LANDING-, A TOWNHOME SUBDIVISION ON 20.38 ACRES, STATE OF WISCONSIN, COUNTY OF BROWN LOCATED EAST SCHUMANN DRIVE, NORTH &WESEST OF THE DAY DRIVE CANAL, AND SOUTH OF DAHL AVENUE; PROVIDING FOR Before the undersigned authority personally appeared, who CONFLICTS HEREWITH; PROVIDING FOR SCRIVENERS ERRORS; AND on oath says that he or she is the Legal Advertising PROVIDING FOR EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF Representative of the Indian River Press Journal/St Lucie SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A QUASI - News Tribune/Stuart News, newspapers published in Indian JUDICIAL PUBLIC HEARING River/St Lucie/Martin Counties, Florida; that the attached REGARDING APPROVAL OF THE ABOVE RESOLUTION AT A REGULAR copy of advertisement, being a Legal Ad in the matter of MEETING TO BE HELD ON WEDNES- DAY, DECEMBER 3rd, 2025 AT 6:00 Public Notices, was published on the publicly accessible P.M. IN THE CITY COUNCIL CHAM- BERS, CITY HALL, 1225 MAIN websites of Indian River/St Lucie/Martin Counties, Florida, ALLEEINTER STEDN, PARTIES MAY or in a newspaper by print in the issues of, On: PROPOSE TIONECT ANDHPRELIMINARY PLATL N THE COMMUNITY DEVELOPMENT DEPARTMENT AT CITY HALL, 1225 SCN StLucie-IndianRv-Stuart 11 / 18 / 2025 MAIN STREET, MONDAY4:30 THROUGH FRIDAY, 8 A.M. TO 4:30 P.M., AND SCN tc alm.com 11/18/2025 MAY APPEAR AT THE HEARING AND P PRESENT TESTIMONY WITH RESPECT TO THE PROPOSED RESO- LUTION AND PRELIMINARY PLAT. Affiant further says that the website or newspaper complies No stenographic record by a certi- fied court reporter will be made of with all legal requirements for publication in chapter 50, the foregoing meeting. Any person who decides to appeal - decision Florida Statutes. made by the Commission with respect to any matter considered at Subscribed and sworn to before me, by the legal clerk, who this meeting will need to ensure that a verbatim record of the is personally known to me, on 11/18/2025 proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) U In compliance with the Americans with Disabilities Act (ADA) of 1990, Legal CI rk r anyone who needs a special accom- modation for this meeting should contact the City's ADA Coordinator lwz&A.e� at 772-388-8226 at least 48 hours in advance of the meeting. Notary, State of WI, County of Brown PUB 11/18/2025 TC N 3 - *,-? - __� ",-) My commission expires Publication Cost: $125.48 Tax Amount: $0.00 Payment Cost: $125.48 Order No: 11841991 # of Copies: Customer No: 1125948 1 PO #: RESOLUTION R-25-41 THIS IS NOT AN INVOICE! Please do not use this jor►n for payment remittance. KAITLYN FELTY Notary Public C State of Wisconsin Page 1 of 1 25 NOV 24 Am 10: 20