HomeMy WebLinkAboutO-01-10
ORDINANCE NO. 0-01-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED
UNIT DEVELOPMENT RESIDENTIAL (PUD-R) FOR ANNEXED LAND
WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE
(A-I) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS,
BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Brian Davis has filed a petition for amendment to the Zoning Ordinance; and
WHEREAS, 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
WHEREAS, 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 ofthe 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, now lying and being within
the incorporated area of the City of Sebastian, Indian River County, Florida: th . >t
~~ (~ [~
The West Yz of the North~ 1,4 of Section 18, Township 31-, Range 39 'in
Indian River County, Florida. !.'1 , c' . / ,/. Ci >... / \'7 . /)' /)/ /
- eMILUled I.#L (L~(!AjldtLi'--t-L f;V/ 1<.. 0" 71 "/I'IIOI-~)CUI;(l' II/{[J"jj U~JL
Section 2. DISTRICT. The real property described in this Ordinance is hereby given
an initial City zoning designation of Planned Unit Development Residential (PUD-R) in
accordance with the attached Conceptual Development Plan, including the four conditions
recommended by the Planning & Zoning Commission, from the previous County zoning of
Agriculture (A-I).
Section 3. ZONING MAP. The official City Zoning Map shall be amended 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 force 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 effective date of Ordinance 0-01-09.
The foregoing Ordinance was moved for adoption by Councilmember
Hill . The motion was seconded by Councilmember Barczyk and,
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jf.
Councilmember James Hill
aye
absent
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 8 th day of
August ,2001.
CITY OF SEBASTIAN, FLORIDA
By: ~~) ~~
Mayor Walter Barnes
ATTEST:
5? - (j)J;- - ~
S~aiO' CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
~~~f=
Rich Stringer, City Atto y