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HomeMy WebLinkAboutR-96-25RESOLUTION NO. R-96-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY SUBDIVISION PLAT; APPROVING A PRELIMINARY SUBDIVISION PLAT FOR HARBOR POINT; PROVIDING CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, H. D. Adams Enterprises, Inc., on November 21, 1995, applied for approval of a preliminary plat for a major subdivision in the City of Sebastian known as "Harbor Point"; and WHEREAS, the City staff, including the City consulting engineers have determined that the preliminary plat for Harbor Point should be approved subject to certain conditions; and WHEREAS, the Planning and Zoning Commission conducted a public hearing and received public input; on the preliminary plat for Harbor Point on February 15, 1996; and WIIEREAS, at its meeting of February 15, ].996, the Planning and Zoning Commission recommended approval of the preliminary plat for Harbor Point subjec't to various conditions; and WHEREAS, the City Council has considered the recommendations and comments of the Planning and Zoning Commission and the City staff, including comments by the City consulting engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. APPROVAL OF THE PRELIMINARY PLAT: The City Counci.]. hereby approves the preliminary plat. for Harbor Point under tile provisions of Section 20A-I6.4(B)(4)(d) of the Land Development. Code of the City of Sebastian. The preliminary plat is depicted in drawings by Mosby and Associates, Inc., titled "Harbor Point", Project No. 95-356, Page 1 (latest revision dated of 1-14-96) and Pages 2 through 5 (latest revision dated 1-19-96, and which has been filed with the City of Sebastian. Section 2. CONDITIONS: The deve].oper wi. Il provide the following: underground utilities, except, alon9 Flemin9 Street; individual street lightin9 as proposed by the developer's representatives, with the exception that. a street light specifically be placed at the end of Harbor Point Drive, where it terminates with a cul-de-sac and that a street light be placed at the intersection of Flemin9 Street and Harbor Point Drive; sidewalks be constructed the west. side of f'lemin9 Street, as required in Section 20A-17.1(K); and safety signs be installed at the end of the Flemin9 Street cul-de-sac. Section 3. EXPIRATION DATE: The applicant, shall complete all subdivision improvements and make application for final plat approval within eighteen (18) months of the date of the preliminary plat approval, or the revocation of the approval of this preliminary plat may result. Section 4, CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, Section 5. 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 inva].id 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 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . . The motion was seconded, by Councilmember ~.__~./hr~ and, upon being put to a vote, the vote was as follows: Mayor Arth~lr L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Louise Cartwright Councilmember Raymond Halloran The Mayor thereupon declared this Resolution duly passed and adopted this /_-.~ day of ~/~6/~C.~ .............. 1996. CITY OF SEBASTIAN, FLORIDA Arthur L. Firtion Mayor ATTEST: KathPy~H. O'Hal]oran, CMC/AAE ¢.SEAL)- .. ApprOved as to Form and Content: Clifton A. McC].e].land, Jr. City Attorney Dlmf~ #3 3-7-96