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HomeMy WebLinkAboutR-97-75RESOLUTION NO. R-97-75 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE CONCEPTUAL DEVELOPMENT PLAN FOR COLLIER CLUB; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Onsite Management Group, Inc. has applied for approval of a conceptual development plan and site plan for Collier Club, and WHEREAS, the Planning and Zoning Commission has recommended approval of the conceptual development plan and site plan for Collier Club, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. CONCEPTUAL DEVELOPMENT PLAN. The conceptual development plan and site plan for Collier Club (the Project), as prepared by OnSite Management Group, Inc., dated July 6, 1997, is approved with the following conditions: 1. The Preliminary Development Plans for Collier Club shall be in substantial compliance with the conceptual development plan. The Project shall be phased as presented on the conceptual development plan and described in Attachment A. The applicant may request approval by the Planning and Zoning Commission for one extension for up to one year per phase. No additional extensions shall be approved. If the applicant fails to meet the phasing schedule in Attachment A or approved extensions, the City may terminate the approval of the conceptual plan as provided for in the Land Development Code. 3. The Project shall have water and sewer service provided by Indian River County Utilities. 4. The Applicant shall obtain an easement from the City for the construction of Collier Club Drive to Roseland Road. 5. The Applicant shall obtain approval from Indian River County for connecting Collier Club Drive to Roseland Road. At the time of submission for approval of the preliminary development plans for phase lA, the Applicant will provide a tract of land for the location of Airport Road. The tract of land shall be dedicated to an entity who shall be responsible for the 10. 11. 12. 13. maintenance of Airport Road. The City of Sebastian will not be that entity nor will the City be responsible for the maintenance of Airport Road. At the time of submission for approval of the preliminary development plans for Phase lA, the applicant shall provide for the required drainage of Airport Road and any contributing drainage including necessary easements, maintenance agreements and permits. Said drainage shall be approved by the City Engineer as part of the review of the preliminary development plan. At the time of submission for approval of Phase 2A, the applicant shall provide for an alternate emergency access at Wimbrow Drive. Such access shall be for emergency use only and not for access to the Project. At the time of submission for approval of the preliminary development plans for Phase 3A, the applicant shall provide for the second access (East Collier Club Drive) at the City of Sebastian Golf Course. The applicant shall submit a plan for City approval of the Golf Course entrance road and parking including landscaping. The approved plan shall be constructed by the applicant at the time Phase 3A is constructed. The Final Development Plan for Phase 3A shall not be approved until the entrance road has been constructed by the developer and approved by the City. The maintenance of that portion of the entrance road between the Project and the last entrance to the Golf Course parking area shall be the responsibility of the developer or a duly created homeowners association. Prior to the construction of any phase, the applicant shall secure and provide to the City copies of all required permits, including approval by the Fish and Wildlife Service for incidental taking of scrub jays. If a permit requires the use of land in a subsequent projected phase, the applicant shall include that land in the application for the preliminary development plan of that phase. The open space requirements (50%) shall be met, as each phase of the Project is constructed. Unconstructed phases can not be counted toward the open space requirement. The complete Project shall include a minimum 10 acres of recreational facilities and 12 acres of preserved scrub jay habitat. There shall be provided a minimum 100 foot buffer on each side of Collier Creek. The Applicant shall provide at the time of the approval of the preliminary development plan of the phase in which the scrub jay preserve and the Collier Creek buffer is located, a conservation easement to the City for the long term protection of those areas. The Applicant shall also provide the City with a drainage easement including Collier Creek and it's 100 year flood plain for the City to convey stormwater from the Sebastian Highlands. The roads and drainage system within the Project shall remain private and the maintenance shall be the responsibility of the developer or a duly created homeowners association. The applicant shall provide an easement to the City giving the City the right to access and maintain the drainage system at the City's option in the event of an emergency. An egress easement shall be provided to allow the egress of emergency vehicles over the private streets. The final plat shall clearly dedicate the roads and drainage maintenance to the applicant or duly established homeowners association without recourse to the city or any other public agency. 14. All efforts shall be made to preserve the natural vegetation on all lots. A 10 foot buffer preserving the existing vegetation shall be provided on all perimeter lots. A 7.5 foot buffer preserving the existing vegetation shall be maintained on the rear property line of all lots that share a common boundary. 15. At the time of submission for approval of the preliminary development plans for any phase, the applicant shall provide a perpetual avigation easement for the airspace above the ground level of the entire parcel of real property in a form which reasonably precludes the property owner and his successors and assigns from commencing or maintaining a successful action for condemnation (inverse of otherwise) resulting from the aviation activities arising from the airport, as determined by the City Council on the advise of the City Attorney. 16. The road names provided to the City shall be approved by the Indian River County Emergency Services (911). 17. The minimum lot size shall be 60 feet by 125 feet, The minimum house size shall be 1400 square feet of living area. The Project shall be single family detached homes, 18. A 15 foot utility easement shall be provided adjacent to all right-of-ways. Additional utility easements shall be provided as required by the utility providers. 19. A four foot wide side walk shall be constructed in the adjacent right-of-way prior to the issuance of a certificate of occupancy of each home. A side walk shall be constructed adjacent to the recreational area to Roseland Road and along the right-of- way crossing the Collier Creek Conservation Area. The sidewalk shall be maintained by the developer or duly created home owners association. Section 2. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict are Section 3. EFFECTIVE DATE. immediately upon final passage. This Resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard J. Taracka Councilmember Loiuse R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan Th/dMayor thereupon declared this Resolution duly passed and adopted this,~' day of A/_,t.~. ,1997. CITY OF SEBASTIAN, FLORIDA By: I~)~ D0~ Walter W. Barnes, Mayor ATTEST: -KathWn~. "_O'Halloran' CMC/AAE - ci/-y ClerkT- (Seal)-' ,..,-: ? Approved as to Form and Content: Valerie Settles City Attorney Collier Club PD Development Schedule Conceptual PD Approval by: Preliminary Approval Phase I by: Land Development Permit Phase IA by: Begin Construction Phase IA by: End Construction Phase IA: Begin Construction Phase lB by: End Construction Phase lB by: Preliminary PD Approval Phase II by: Begin Construction Phase IIA by: End Construction Phase IIA by: Begin Construction Phase liB by: End Construction Phase lib by: Preliminary PD Approval Phase III by: Begin Construction Phase IliA by: End Construction Phase IliA by: Begin Construction Phase IIIB by: End Construction Phase IIIB by: Complete sellout of project by: December 1997 February 1998 March 1998 April 1998 November 1998 December 1999 May 2000 March 2001 July 2001 January 2002 November 2002 April 2003 April 2004 July 2004 December 2004 December 2006 May 2007 October 2009 association. The applicant shall provide an easement to the City giving the City the right to access and maintain the drainage system at the City's option in the event of an emergency. An egress easement shall be provided to allow the egress of emergency vehicles over the private streets. The final plat shall clearly dedicate the roads and drainage maintenance to the applicant or duly established homeowners association without recourse to the city or any other public agency. All efforts shall be made to preserve the natural vegetation on all lots. A 10 foot buffer preserving the existing vegetation shall be provided on all perimeter lots. A 7.5 buffer preserving the existing vegetation shall be maintained on the rear property of all lots that share a common boundary. 15. At time of submission for approval of the preliminary development plans for any the applicant shall provide a perpetual avigation easement for the airspace ground level of the entire parcel of real property in a form which reasonably lC property owner and his successors and assigns from commencing or maintainin~ successful action for condemnation (inverse of otherwise) resulting from the aviation arising from the airport, as determined by the City Council on the advise ~ity Attorney. 16. The road names Emergency Services to the City shall be approved by the Indian River County 1). 17. The minimum lot size be 60 feet by 125 feet. The minimum house size shall be 1400 square feet of living The Project shall be single family detached homes. A 15 foot utility easement utility easements shall be iss~cfOOt wide side walk shall be e of a certificate of occupancy adjacent to the recreational area to the Collier Creek Conservation Area. developer or duly created home owners provided adjacent to all right-of-ways. Additional required by the utility providers. in the adjacent right-of-way prior to the home. A side walk shall be constructed Road and along the right-of-way'crossing sidewalk shall be maintained by the Section 2. hereby repealed. CONFLICT. All resolutions or of resolutions in conflict are Section 3. immediately upon final passage. The foregoi~ng EFFECTIVE DATE. This Resolution shall take effect was moved for adoption b~ Councilmember The motion was seconded by~ Councilmember and, upon being put to a vote, the vote wa~s follows: 3 Regular City Council Meeting November 5, 1997 Page Nine The Director of Community Development noted that Attachment A, the development schedule, had not been included in the backup and distributed it. The Director of Community Development read proposed language to be added as condition 19, "A four foot wide sidewalk shall be constructed in the adjacent fight-of-way prior to the issuance of cert-'~ficate of occupancy for each home. A sidewalk shall be constructed adjacent to the recreation area, Roseland Road, and along the right-of-way crossing the Collier Creek conservation area. The sidewalk shall be maintained by the developer or duly created homeowners association." TAPE II - SIDE II (9:20 p.m.) 97.218 C. and then went on to recommend approval as amended. Esther Elam, 741 Ponoka Street, Sebastian, suggested changing condition 17 to minimum living area shall be 1400 square feet and increasing lot size. Mr. Mechling concurred with changing the condition to 1400 square feet of"iiving area". Being no further input, Mayor Barnes closed the heating at 9:25 p.m. MOTION by Taracka/Paul i move to approve Resolution R-97-75 as amended by the City Manager on Section 9 and 17 and as amended on Section 19 by the City Planner. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 9:26 p.m. and reeonvened the meeting at 9:40 p.m. All members were present. Resolution No. R-97-76 - Sebastian Lakes Commons, Medical Office - Site Plan and Preliminary_ Development Plan Approval (Community Development Director Transmittal 10/30/97. R-97-76. Application. P & Z Minutes, Site Plan. Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND SITE PLAN FOR A MEDICAL OFFICE AT SEBASTIAN LAKES COMMONS; PROVIDING FOR REPEAL OF RESOL~ONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.