HomeMy WebLinkAboutR-89-44RESOLUTION NO: R-89-44
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY
SUBDIVISION PLAT; APPROVING A PRELIMINARY SUBDIVISION
PLAT FOR AN INDUSTRIAL SUBDIVISION OCCUPYING A TRACT OF
LAND APPROXIMATELY 30.53 ACRES, MORE OR LESS IN SIZE,
LOCATED IN SECTIONS 17 AND 20, TOWNSHIP 31 SOUTH, RANGE
39 EAST, CiTY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR A WAIVER OF CERTAIN REQUIREMENTS
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE
APPROVAL OF THE PRELIMINARY SUBDIVISION PLAT;
PRESCRIBING A TIME LIMIT FOR THE SUBMISSION FOR
APPROVAL OF A FINAL PLAT FOR A MAJOR SUBDIVISION;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Henry A. Fisher ("the Applicant") has applied for
the approval of a preliminary plat for a major subdivision
located in the City of Sebastian, Indian River County, Florida;
and
WHEREAS, the Applicant has participated in various
preapplication discussions with appropriate members of the City
staff; and
WHEREAS, the City staff has determined that the Applicant's
preliminary plat should be approved subject to certain
conditions; and
WHEREAS, ~he Planning and Zoning Commission conducted a
public hearing and received public input on the Applicant's
application for preliminary plat of a major subdivision on August
18, 1988; and
WHEREAS, at its meeting on August 18, 1988, the Planning and
Zoning Commission recommended approval of the Applicant's
preliminary plat of a major subdivision subject to various
conditions including a change in zoning classification; and
WHEREAS, the zoning classification of the real property
which is the subject matter of the application for preliminary
plat and subdivision approval was rezoned at the regular City
Council meeting held on July 12, 1989, in accordance with
Ordinance No.: 0-88-31; and
WHEREAS, the City Council has considered the recommendations
and comments ofi the Planning and Zoning Commission and the City
staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. PRELIMINARY PLAT FOR MAJOR SUBDIVISION
APPROVAL. The application for preliminary plat of a major
subdivision submitted by Henry A. Fischer for the real property
commonly referred to as Vlcker's Industrial Subdivision is hereby
approved, subject to the conditions set forth in Section 3 of
this Resolution. The legal description of the real property
which is the subject matter of this approval is as follows:
A parcel of land situate in portions of Sections 17 and
20, Township 31 South, Range 39 East, Indian River
County, Florida, being more particularly described as
follows:
Beginning at the North line of the Northwest quarter of
the Northeast quarter of said Section 20 and the
Southwesterly right-of-way line of the Florida East
Coast Railway (100' R/W), Thence S. 89 35'01"W., along
the said North line, a distance of 11.02 feet, Thence
S.14 54'47"E., 1330.33 feet to the North right-of-way
line of Vickers Road (60' R/W), Thence S. 89 "25'33"W.,
along said right-of-way line, a distance of 61.92 feet,
said point being 341.41 feet East of the West line of
the said Northwest quarter of the Northeast quarter,
Thence N.14 54'47"W., a distance of 1330.51 feet to the
North line of the said Northwest quarter of the
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Northeast quarter of said Section 20, and a point of a
curve, concave Southwesterly, having a radius of 260.11
feet: Thence Northwesterly, Easterly, along the arc of
said curve, through a central angle of 75° 30'12", a
distance of 342.77 feet to the point of tangency:
Thence S. 89"35'01"W., a distance of 275.39 feet,
Thence N.00 24'59"W., a distance of 60.00 feet to a
point of curvature of a curve, concave Northwesterly,
having a radius of 25.00 feet and a tangent bearing of
N.89°35'01"E., Thence Northeasterly, Northerly, along
the arc of said curve, thru a central angle of 90 00'
00", a distance of 39.27 feet to the point of tangency,
Thence N.00" 24'59"W., a distance of 50.53 feet to a
point of curvature of a curve, concave Southwesterly,
having a radius of 370.00 feet, Thence Northwesterly,
along the arc of said curve, thru a central angle of 21°
23'44", a distance of 138.17 feet to the point of
tangency, Thence N.21" 48'43"W, a distance of 2349.38
feet to a point of curvature of a curve, concave
Northeasterly, having a radius of 68.00 feet, thru
which a radial line bears S.04"22'01"W., Thence
Northwesterly, along the arc of said curve, thru a
central
angle of 127"38.31,
, a a~s~ance of 151.49 feet,
Thence N.2! 48'43"W., a distance of 631.07 feet to the
North line of the Southeast quarter of the southwest
quarter of the Northwest quarter of said Section 17,
Thence N.89"59.29..E., along said North line, a distance
of 387.74 feet to the said Southwesterly right-of-way
line of the Florida East Coast Railway, Thence S.21~
48'43"E., along said right-of_way line, a distance of
2786.57 feet to a point of curvature of a curve,
concave Northeasterly, havinG a radius of 11,541.72
feet, Thence Southeasterly, alonG the arc of said
curve, thru a central angle of 04~05,47-, ~or a
distance of 825.18 feet to the Point of Beginning
Containing 30.53 acres, more or less.
Section 2. WAIVER OF CERTAIN LAND DEVELOPMENT CODE
REQUIREMENTS. The following of requirements of the Land
Development Code are hereby waived:
A. The Applicant shall not be required to install
underground electric power between the Florida East Coast Railway
Right-Of-Way and the Eastern boundary of the subject property for
the main subdivision feeds as otherwise required by Section 20A-
17.1.M of the Land Development Code. Provided, however, that
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underground electric power shall be required from the Eastern
boundary of the subject property to all points and locations
within the subject property.
B. The Applicant shall not be limited by the requirements
of Section 20A-17.2.J.? of the Land Development Code with respect
to dead-end roads in consideration of the agreement of the
Applicant to construct and maintain an extension of Essex Lane to
serve as an emergency access road to the subject property whereby
such emergency roadway shall be maintained by the Applicant or
his assigns, such requirements are run with the land, and the
Applicant shall provide an easement to the City of Sebastian for
ingress and egress at the time of submitting the final plat for
approval. Such easement shall be in recordable form and shall be
recorded by the Applicant at his expense upon acceptance of such
easement by the City. Such easement shall be of sufficient width
and length to allow access of emergency vehicles from Essex Lane
to the roadways being constructed in the subject property.
Section 3. CONDITIONS OF APPROVAL OF THE PRELIMINARY
PLAT. The approval of the City Council of the Applicant's
preliminary plat for a major subdivision is conditioned on the
following requirements:
A. The Applicant shall install street lights in accordance
with the provisions of Section 20A-17.1.N of the Land Development
Code at the time of submitting the final plat to the City Council
for approval; and
B. The Applicant shall install a central water system or
hook-up into an existing water system in accordance with Section
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20A-17.1.0 of the Land Development Code.
None of the foregoing conditions shall be deemed to waive
any of the other requirements contained in Article XVII of the
Land Development Code of City of Sebastian or any other land use
regulation provided in the Code of Ordinances or the Land
Development Code of the City of Sebastian.
Section 4. TIME LIMIT FOR FINAL PLAT. The Applicant
shall submit its final plat for a major subdivision within
eighteen (18) months of the effective date of this Resolution.
Section 5. CONFLICT. All resolutions or parts of
resolutions in ~onflict herewith are hereby repealed.
Section 6. SEVERABILITY. In the event a court of
competent 3urisdiction 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 7- EFFECTIVE DATE. This Resolution shall
take effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman ~~ The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy ~
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau ~
The Mayor thereupon de~lar~ed ~his Resolution duly passed and
adopted this /~day of~~~ , 1989.
ATTEST:
Kathr~ M. O'Halloran, CMC/AAE
City ~lerk
(Seal)
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
App~d as~to ~nd Content:
Charles Ian Nash, City Attorney
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