HomeMy WebLinkAboutO-08-11ORDINANCE 0-08-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE
FINAL PLAT FOR THE LAUREL RESERVE PLANNED UNIT DEVELOPMENT
PHASE 2, IDENTIFYING THE FORMER 90' RIGHT-OF-WAY AS TRACT "A"
COMMON AREA, AUTHORIZING ADJUSTMENTS FOR STREET ACCESS,
PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS, the Laurel Reserve Planned Unit Development is being platted in two
phases; and
WHEREAS, the first phase of the Laurel Reserve Planned Unit Development received
final plat approval with the adoption of Resolution Number R-03-46 on October 8, 2003,
by the City Council of the City of Sebastian; and
WHEREAS, the Preliminary Development Plan approval for the Laurel Reserve Planned
Unit Development, includes provision fora "Future 90' road right-of--way" anticipating
the extension of Fleming Street across the northern portion of Laurel Reserve; and
WHEREAS, since the Preliminary Development Plan approval for the Laurel Reserve
Planned Unit Development, the City Council of the City of Sebastian, in the exercise of
its legislative discretion, has determined not to extend Fleming Street beyond its current
terminus at the west side of the Sebastian Harbor conservation area; and
WHEREAS, the City Council has removed any extension of Fleming Street from its
Comprehensive Plan; and
WHEREAS, the City Council, recommended that the Metropolitan Planning
Organization delete any reference to a Fleming Street extension in its list of priorities;
and
WHEREAS, the City Council is not currently considering any extension of Fleming
Street in the vicinity of the Laurel Reserve Planned Unit Development, and
WHEREAS, Laurel Homes, Inc., has filed its application for final plat approval of Laurel
Reserve Phase 2; and
WHEREAS, the final plat of Laurel Reserve Phase 2 identifies the former 90' right-of-
way as Tract "A" Common Area and;
WHEREAS, the means of ingress and egress to both Phasel and Phase 2 of the Laurel
Reserve Planned Unit Development is Laurel Reserve Drive, an offshoot from Bailey
Drive;
NOW, THEREFORE, be it ordained by the City Council of the City of Sebastian, Indian
River County, Florida, as follows:
SECTION 1. RECITATIONS. The foregoing recitations are hereby incorporated as a
portion of this Ordinance.
SECTION 2. FINAL PLAT APPROVAL. The City Council of the City of Sebastian
does hereby approve the final plat for Laurel Reserve Phase 2 as prepared by Frank S.
Cuccurese, P.S.M. of Carter Associates, Inc., bearing a revised date of September 26,
2008. In approving said plat the City Council is authorizing adjustments to the
requirements of Section 54-4-19.11 (i) (2) 3 (b) of the Code with respect to street access.
SECTION 3. TRACT "A". The Tract "A" Common Area of Laurel Reserve Phase 2
shall be maintained in a manner consistent with the other common areas described in said
plat.
SECTION 4. USE OF TRACT "A". Any proposed use of the Tract "A" Common Area,
other than as a landscaped buffer, shall require an appropriate zoning application and
approval thereof in accordance with the City of Sebastian Land Development Code, as
amended.
SECTION 5. CONFLICT. All ordinances or resolutions, or portion thereof, in conflict
herewith are hereby superseded.
SECTION 6. EXECUTION. All appropriate officials of the City are hereby authorized
and directed to execute the said plat so that it may be recorded in the official records of
Indian River County.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by
the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
simchicic The motion was seconded by Councilmember
Hill
and, upon being put to a vote, the vote was as follows:
Mayor Gillmor
Vice-mayor Hill
Councilmember Coy
Councilmember Simchick
Councilmember Wolff
aye
aye
nay
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 1Qlay of December
2008.
ATTEST:
r,
Sally A. Ma' , MMC
City Cler
only:
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Richard H. Gillmor
Approved as to form and legality for
reliance by the City of Sebastian
./~
Robert A. Ginsburg
Interim City Attorney