HomeMy WebLinkAboutORD #202-8ORDINANCE NO..,.~ 0~' ~
AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED, THE SAME
BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, BY
REZONING APPROXIMATELY 66.559 ACRES OF LAND LOCATED WEST
OF LACONIA ROAD, NORTH OF GRANDURE AVENUE, AND SOUTHF~ST
OF CR 512 FROM INDIAN RIVER COUNTY ZONING C-1 COMMERCIAL
AND INDIAN RIVER COUNTY ZONING A AGRICULTURALTO RESIDENTIAL
PUD (R): ADOPTING A CONCEPTUAL DEVELOPMENT PLAN; iMPOSING
RESTRICTIONS AND CONDITIONS: PROVIDING A SEVERABILITY
CLAUSE: PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council has adopted a Planned Unit
Development (R) as an intergral part of the City's Zoning Ordinance, and
WHEREAS, the applicant, Arrowhead Lake Estates, a Florida
General Partnership, has submitted a conceptual Development Plan and
other material in accordance with the requirements of the Planned Unit
Development District; and
WHEREAS, the Staff and the Planning and Zoning Commission
has reviewed the Conceptual Development Plan and has recommended its
~approval with some stipulations; and
WHEREAS, the City Council has reviewed the Plan and has
held a Public Hearing on the Plan; and;
WHEREAS, the Council has found and determined that the Plan
meets the requirements of the Zoning Code subject to Stipulations, and
has determined that the Plan with the stipulations is in the best
interests of the City of Sebastian and should be approved subject to
such stipulations;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I
That the following described property, is hereby rezoned
from County "A-Agricultural" and County "C-1 Commercial" to PUD (R)
Residential Planned Unit Development:
Ail that part of the Southeast 1/4 of Section 14, Town-
ship 31 South, Range 38 East, lying South of the Fellsmere-
Sebastian Road (State Road No 512) and also that part of
the North 1/2 of the Northeast 1/4 of Section 23, Township
31 South, Range 38 East, lying South of the Fellsmere~Sebas-
tian Road (State Road No. 512), less the right-of-way as
recorded in O.R. Book 225, Page 186, Public Records of
Indian River County, Florida. Said parcel of land being
more particularily described as follows:
From the Northeast corner of Section 23, Township 31
South, Range 38 East, run N 00"24'26" E, along the
Section Line, a distance of 1,382.22 feet to the POINT OF
BEGINNING for the herein described parcel of land;
thence run S 37°53'35'' W, along the Southerly right-of-
way line of the Fellsmere-Sebastian Road (State Road No.
512), for a distance of 3,448.41 feet; thence, run N 89°
44'50" E, a distance of 2,139.12 feet more or less; thence
run N 00°29'14'' W, along the Eastern Section Line of Section
23, Township 31 South, Range 38 East, a distance of 1,329.77
feet to the Northeast corner of Section 23, Township 31 South,
Range 38 East; thence run 00"24'26'' E, a distance of 1,382.22
feet to the POINT OF BEGINNING of the above described parcel
of land.
Said parcel of land contains 66.559 acres, more or less, and
lies wholly in Indian River County, Florida.
Prior to the rezoning herein accomplished, The part of said
land lying in Section 14 was zoned Indian River County "C-1
Commercial" and that part of said parcel lying in Section
23 was zoned Indian River County "A-Agricultural."
SECTION II
The Conceptual Development Plan, as submitted by the Applicant,
is hereby adopted and approved and shall be carried out in every manner
consistent with the requirements of all regulations and ordinances
of the City of Sebastian, ahd be subject to all of the following con-
ditions and restrictions:
1. Dens~ty. The density shall'conform to the Comprehensive
Plan and shall not exceed the proposed concept plan density with the
specific number of units being determined only after approval of the
Preliminary Development Plan by the City of Sebastian. The City does
not hereby grant a ~&St~hg in the number of specific units proposed
until appropriate planning, engineering, and environmental studies are
submitted to the City pursuant to City laws and standards. The City
reserves the right and power to decre~s~ such density based on detailed
site plan considerations of the Zoning Code in effect at the time the
Preliminary Development Plan is approved.
2. Transportation Improvements. The applicant shall pro-
vide the City with a legal assurance approved by the City Attorney
thDt the promised improvements to Laconia Street shall be incorporated
into the Development Plan and that all such right-of-way required for
such improvement shall be duly deeded to the C~.SubJect to the
approval by Indian River County, the Specified improvements at the
intersection of CR 512 and Roseland Road, including deceleration lanes
and realignment, shall be provided by the applicant, its successors
or assigns.
3. Consideration of ProposeR .Ne~ ~n~ Development Code.'
The applicant is hereby put on notice that the Preliminary Develop-
ment Blan shall comply with all provisions of the City's Proposed
Land Development Code, assuming that said Code, or parts thereof
become applicable by the adoption thereof by the City.
4. Binding Assurances. The applicant shall submit appro-
priate assurances that the applicant's successors or assigns, if any,
shall comply with all provisions governing approval of the Planned
Unit Development. Such assurances shall be submitted to the City
Attorney at the time of Final Development Plan approval, for his
approval and shall include all agreements, covenants, contracts,
deed restrictions, and sureties required pursuant to Section 20A-
4.9(D)(1), (2), and
5. Development Schedule. A development schedule indicating
the approximate starting and completion dates has been submitted to
the City as part of the Conceptual Development Plan. If subsequent
changes in the schedule are proposed in the future, such changes
shall be submitted to the City in an expeditious manner to assure
effective communication concerning any potential problems or issues
associated with the development. Ail public facilities shall be
staged to service in a timely manner the needs of the Phased Develop-
ment schedule.
6. Drainage...The entire site shall be designed to retain
on site stormwater run-off from a twenty-five (25) year, Twenty-four
(24) hour storm. Ail lakes placed on the site shall be at least as
permeable as the average of the grassey open areas.
SECTION III.
If any section, subsection, sentance, clause, phrase, or word
o£ this ordinance is for any reason whatsoever held to be uncon-
stitutional or otherwise invalid for any reason, such invalidity
shall not effect to validity or constitutionality of any of the
remaining portions of this ordinanc~.
SECTION IV.
This Ordinance shall take effect immediately upon its Final
passage by the City Council.
I HEREBY CERTIFY that the foregoing Ordinance was passed by
Final Reading by the City Council of the City of Sebastian, Florida,
on the /~./~ day of · ~/}~ ,1984.
!
ATTEST:
/MayoY ~'
city CIerk ~
I HEREBY CERTIFY that Notice of Public Hearing on the fore-
going Ordinance was given in accordance with Section 166.041, Florida
Statutes; that said Public Hearing was held in the City Council
Chambers of the City of Sebastian, Florida, at ...~,'0 o P.M. on the
//~ day of Q,~xz~%~---~ ,1984, and that the foregoing
Ordinance was duly pa<sed and adopted by-the said City Council of
the City of Sebastian, Florida, on the ~day of ~~-~,1984.
(SEAL)