HomeMy WebLinkAboutO-02-03ORDINANCE NO. 0-02-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE
CONCEPTUAL DEVELOPMENT PLAN FOR THE VILLAGES OF LAKE
DOLORES PLANNED UNIT DEVELOPMENT TO PROVIDE USES FOR A 2.25
ACRE TRACT ORIGINALLY DESIGNATED FOR 'FUTURE DEVELOPMENT';
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROViDiNG
FOR AN' EFFECTIVE DATE.
WHEREAS, Atlantic Coast Tower of Florida, Inc. has filed a petition for amendment to
the Conceptual Development Plan for the Villages of Lake Dolores PUD to provide uses as a
telecommunications tower site and mobile home lots for a 2.25 acre tract originally designated
for "Future Development"; and
WHEREAS, the City Council has provided notice of the proposed zoning change and
conducted a public hem'ing 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 finds that the proposed use is consistent with the goals,
objectives and other elements of the Comprehensive Land Use Plan.
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 a~'ea of the City of Sebastian, Indian River County, Florida:
See attached Schedule "A"
Section 2. AMENDMENT OF CONCEPTUAL DEVELOPMENT PLAN. The
Conceptual Development Plan of the Planned Unit Development Residential for the real property
described in this Ordinance (Villages of Lake Dolores PUD) is hereby amended in accordance
with the attached rendering to a +10,000 square foot Communications tower site and 9 mobile
home lots as shown therein.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall
hold 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 rome and
effect.
Section 5. 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.
The foregoing Ordinance was moved for adoption by Councilmember C oni gl± o.
The motion was secondedby Councilmember Majcher and, upon being put into
a vote, the vote was as follows:
Mayor Walter Barnes aye
Councihnelnber Joe Barczyk aye
Councilmember Edward J. Majcher, Jr. aye
Councilmember James Hill ab sen t
Councilmember Ray Coniglio
aye
The Mafor thereupon declared this Ordinance duly passed and adopted this '~5t~h'rl'ajrxff
Febi~u~ry;-200-2. January 23, 2002.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Sffinger, City Att°rn~
J~N--02--2002 10:21 AM ZENTZ_&_ASSOCIATE5
"Schedule A"
DESCRIPTION OF PARENT TRACT
OlE$'cRipTIoN PREPARED IN ACCORDANCE WiTH ~LI£NT INETRUCTION
A parrot of land being a porUon of the Southwest 1/4 of the Southeast
1/4 of the Northwest 1/4 of Section 29, Township 31 South. Range 39
East, indian River County, Florida. said parcel more particularly described
aS follows: corner of said Southeast 1/4 of the North-
Commencing at the Southwest ..... 35' 1
Section 29, proceed Sou~n o~ 9" East along
west 1/4 of sold
the South line of said Southeast 1/4 of the Northwest 1/4 of Section 29
a distance of 25.00 feet to o point on the East right-o,f-w~Y (r/w) line
of 65th Avenue (o.k.a. Broxton Road); thence North 00' 22 47 West, along
said East r/w line, o distance of 50.08 feet to the POINT OF BEGINNING of
continue North 00' 22' 47"
the herein described parcel of land; thence
West along said East r/w line, o distance of 104.58 feet; thence deporting
sold East r/w line, North 89' 37' 13" East o distance of 648.03 feet;
thence South 00' 25' 22" East o distance of 163.61 feet to o point on
said South line of the Southeast 1/4 of the Northwest 1/4 of Section 29;
thence North 89' ~5' 19" West along ~oid South line o distance of 548.19
feet; thence deporting said South line, North 00' 15' 53" West o distance
of 50.08 feet; thence North 89' 35' 24" West o distance of 100.12 feet
to the POINT OF BEGINNING.
Cont~inincj on oreo of 2.25 acres, more or less,
The above described property lying within the City IImlts of Sebastian,
Florida. according to the To× Assessors Mop of Indian River County, Florida.