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HomeMy WebLinkAboutR-23-28 Cross Creek AdditionRESOLUTION NO. R-23-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A PROJECT KNOWN AS CROSS CREEK LAKES ESTATES ADDITION, A 35-LOT RESIDENTIAL SUBDIVISION CONSISTING OF 24.43 ACRES LOCATED ADJACENT AND SOUTH & WEST OF CROSS CREEK LAKE ESTATES AND YEARLING TRAIL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution R-20-28, adopted on November 18th, 2020, approved the first Preliminary Plat for Cross Creek Lake Estates Addition for a 24-lot subdivision; and WHEREAS, in accordance with time limits established in the City's Land Development Code, Article XIX, the initial Preliminary Plat for Cross Creek Lake Estates Addition has expired; and WHEREAS, Cross Creek Addition, Inc. has filed an application for a new Preliminary Plat approval for Cross Creek Lakes Addition; and WHEREAS, the City Council of the City of Sebastian, Florida has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its Staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed plat is consistent with the goals, objectives and other elements of the Comprehensive Plan 2040. B. The proposed plat is in conformity with the substantive requirements of the City of Sebastian code of Ordinances, particularly the Land Development Code. C. The proposed plat is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed plat is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed subdivision and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed plat will not result in any adverse impacts on the natural environment. G. The proposed plan will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. I H. The proposed plat will result in an orderly and local development pattern. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. RECITALS/LEGISLATIVE FINDINGS/INTENT. a) The City Council of the City of Sebastian hereby adopts and incorporates the recitals above in the Whereas Clauses to this Resolution, the City Staff Report and the City Council Agenda Memorandum relating to this Resolution. b) The above recitals set forth in the Whereas Clauses of this Resolution are adopted by the City Council as legislative findings and the intent of the City Council. c) The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising the Resolution. Section 2. PROPERTY. The Preliminary Plat approved by the adoption of the Resolution applies to the following described real property, lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A Property Survey Section 3. PRELE IINARY PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the Preliminary Plat for Cross Creek Lake Estates Addition Subdivision as prepared by Joseph W. Schulke, P.E., bearing the seal and date of January 11, 2024, as maintained on file in the City Community Development Department, subject to the following conditions: a) The requested adjustments to LDC Section 54-4-19.12(c) Street lighting, and Section 544- 19.11(i)(4)h Cul-de-Sac length, are granted; and b) The plat will be considered a phase of the parent subdivision with regards to access requirements, and as such, per Section 544-19.1(d), an adjustment from LDC Section 54-4- 19.11(i)(2)a.3(b), requiring a full second entrance, is granted. A second access is not required; and c) The final stormwater design shall be re -submitted with the subdivision construction plans after review and approval by SJRWMD and SRID, and shall address any remaining comments from the city's consulting engineer; and d) A recreational fee -in -lieu payment for one (1) acre of land must be received, and/or an agreement regarding the fee -in -lieu payment must be executed with the City before final platting of the subdivision can occur; and e) A Gopher Tortoise survey in accordance with Fish and Wildlife Service guidelines shall be updated & submitted prior to issuance of any Land Clearing Permit and site development activities, including for the area of the second access point; and 2 f) Subdivision construction traffic for the CCLE Addition parcel shall enter from the primary entrance on Powerline Road and not from Shakespeare Street or Lanfair Avenue Section 4. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councihnember Dodd . The motion was seconded by Councihnember Dixon and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Kelly Dixon aye Councihnember Fred Jones a va Councihnember Bob McPartlan aye Councilmember Christopher Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 24t' day of January, 2024. ATTEST: 4J ette Williams, MMC y Clerk CITY OF SEB..AS��.TIAN, FLORIDA Mayor Ed Dodd Approved as to form and legality: enni r Cockcroft, Esq.,BCS City Attorney