HomeMy WebLinkAbout2004 06 02 - O-03-21 - AdoptedORDINANCE NO. 0-03-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING
AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT
DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A
CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A
PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR
LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY
SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Coy A. Clark Company, has filed a petition for amendment to the
Zoning Ordinance; and
WllEREAS, the City Council has provided notice of the proposed zoning change and
conducted a public hearing to receive citizen input; 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
WI-IEREAS, the City Council as made the following findings:
A. The proposed use is consistent with the goals, objectives and other elements of the
Comprehensive Land Use Plan.
B. The proposed use is in conformity with the substantive requirements of the City of
Sebastian Code of Ordinances, particularly the Land Development Code.
C. The proposed use is not in conflict with the public interest of the citizens of the City of
Sebastian.
D. The proposed use is compatible with adjacent land uses.
E. Adequate public facilities and services exist in the City to serve the proposed use and the
demand for such use will not exceed the capacity for such services and facilities.
F. The proposed change in use will not result in any adverse impacts on the natural
environment.
G. The proposed use 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.
H. The proposed use 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. PROPERTY. The change in zoning classification created by the adoption
of this ordinance shall affect the following described real property, as of the effective date to be
lying within the incorporated area of the City of Sebastian, Indian River County, Florida:
The Southwest lA of the Southwest IA, and the South 534.5 feet of the Northwest aA of
the Southwest XA, LESS the North 250 feet of the West 200 feet, all in Section 6,
Township 31 South, Range 39 East, Indian River County, Florida;
Containing 56.25 acres more or less.
Section 2. PLANNED UNIT REZONING. The real property described above is
hereby given an initial City zoning designation of Planned Unit Development Residential (PUD-
R) in accordance with the attached Conceptual Development Plan (CDP) prepard by Joseph W.
Schulke, P.E., as last revised April 12, 2004. As pan of said CDP, Owner agrees to execute, prior
to approval of a Preliminary Development Plan, an agreement for payment of 50% of the cost of
constructing Powerline Road from its northern terminus adjacent to the FPL substation to the
intersection with Sebastian Boulevard.
Section 3. ZONING MAP. The official City Zoning Map shall be mended to
include the subject property and reflect this designated zoning district.
Section 4. CONFLICT. All ordinances or parts of ordinances 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 Ordinance is invalid or unconstitutional, the remainder of
the Ordinance 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 provisions. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full fome and
effect.
Section 6. EFFECTIVE DATE. Following its adoption and authentication by the
signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become
effective concurrent with the effectiveness of Ordinance 0-03-20.
The foregoing Ordinance was moved for adoption by Councilmember
Coniglio . The motion was seconded by Councilmember Heptinstall and,
upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum aye
Vice-Mayor Joe Barczyk nay
Councilmember Ray Coniglio aye
Councilmember Lisanne Monier aye
Councilmember Michael Heptinstall aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June,
2004.
The effective date of this ordinance was subsequenUy
modified by Ordinance 0-04-18 to become effective
concurrent therewith. //~ C
ATTEST:
C1TY OF SEBASTIAN, FLORIDA
M~r'Natiaan fi. McCollum
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attdrfiey