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HomeMy WebLinkAboutR-91-05o ¥ RESOLUTION NO.: R-91-05 RECORD VERIFIED JEFFREY K. BARTON A RESOLUTION OF THE CITY OF SEEASTIAN, INDIAN CLERK CIRCUIT COURT RIVER COUNTY, FLORIDA, PROVIDING FOR THE ~ND~AN RWER CO.. FhA APPROVAL OF A PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL OF LAND APPROXIMATELY 10.23 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, WEST OF SOUTH WIMBROW DRIVE, NORTH OF GEORGE STREET, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVEIL~EILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicants, Jerald E. Strnad and Gary D. Deshon, Trustee, (hereinafter sometimes collectively referred to as the "Applicant"), are the owners of a certain tract of real property located in the city of Sebastian, Indian River County, Florida; and, WHEREAS, the Applicant has requested that the city Council of the City of Sebastian approve the Preliminary Plat for a Major Subdivision submitted to the city; and WHEREAS, the City Staff and the City Planning and Zoning Commission have reviewed the Preliminary Plat submitted by the Applicant and have recommended approval subject to the imposition of several conditions; and, WHEREAS, the Applicant has requested that the sidewalk requirements set forth in Section 20A-17.1K. of the Land Development Code be waived if the Applicant provides bicycle/pedestrian paths that allow for adequate pedestrian circulation; and, WHEREAS, the City Council has determined that the Preliminary Plat submitted by the Applicant should be approved subject to the conditions set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PRELIMINARY PLAT APPROVAL. The Preliminary Plat submitted to the City by Jerald E. Strnad and Gary D. Deshon, Trustee, with respect to a Major Subdivision for the certain tract of real property owned by the Applicant, consisting of approximately 10.23 acres located south of County Road 512, west of South Wimbrow Drive, north of George Street, and east of Strait Avenue, and more particularly described as: "Tract A of Sebastian HIGHLANDS UNIT 14, a subdivision according to the plat thereof, as recorded in Plat Book 8, Page 43 of the Public Records of Indian River County, Florida," is hereby approved, subject to the conditions and restrictions contained elsewhere in this Resolution. Section 2. CONDITIONS AND RESTRICTIONS. The approval of the Preliminary Plat as set forth in Section 1 of this Resolution is conditioned upon the Applicant, and their successors in interest, complying with the following conditions and restrictions: 1. All improvements made to the subject real property, as outlined in the Traffic Study to County Road 512 (traffic light, right turn lane and left turn lane) will be constructed by the Applicant at its. expense, in accordance with the requirements of Indian River County, Florida. This condition shall not operate to preclude Indian River County from requesting modifications or additions to the improvements as Indian River County deems necessary and proper. 2. The Applicant shall be authorized to construct all required streets, on-site storm water tracts, street lighting, and all other improvements as indicated on the preliminary plans dated October 31, 1990. 3. The Applicant shall submit a final plat for the approval of the City in accordance with the provisions of Section 20A-16.4.C. of the Land Development Code after the improvements set forth in paragraphs 1 and 2 of this Section 2 have been completed and certified by the Applicant's Engineer and the City's Engineer. 4. The Applicant shall not submit a final plat for approval nor shall a final plat be approved until central water and sanitary sewer have been appropriate governmental jurisdiction. constructed and approved by the authorities and agencies having Section 3. WAIVER OF SPECIFIC SIDEWALK REQUIREMENTS. The Applicant need not construct sidewalks on both sides of the street comprising the Major Subdivision pursuant to Section 20A-17.1 K., so long as Applicant constructs a sidewalk consisting of a bicycle and pedestrian path which is at least six (6) feet wide, on either the easterly or the westerly side of the roads and streets, and provides adequate pedestrian circulation. Section 4. BINDING EFFECT. The Applicant shall submit 3 appropriate assurances that any successors or assigns of the Applicant will comply with all provisions governing the development of the Major Subdivision in accordance with this Resolution and the requirements of the Land Development Code of the City of Sebastian and all provisions of the Code of Ordinances of the city of Sebastian. The provisions of this Resolution shall be binding upon any assigns and successors of the Applicant. Section 5. RECORDING. The city Clerk is hereby directed to record this Resolution in the public records of Indian River County, Florida. Section 6. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 7. SEVERABILITY. In the event a court of competent jurisdiction 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 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman / ~./~//~.~ The motion was seconded by Councilman ,/~7~..~ ~__ , and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this C~.~ day of ~-~.~e~ , 1991. ATTEST: Kathry~ ~.'..Q'Halloran, CMC/AAE City Clerk'.' (Seal), Ap as to Form and Content: Charles Ian Nash, City Attorney CITY OF SEBASTIAN, FLORIDA W~.~E ~ C°~yers~yor