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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. 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