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HomeMy WebLinkAboutO-02-10 ORDINANCE NO. 0-02-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE DA VIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO PROVIDE FOR 96 SINGLE-FAMILY DWELLINGS AND RENAMING AS LAUREL RESERVE PUD; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Laurel Homes, Inc. has filed a petition for amendment to the Conceptual Development Plan for the Davis 'PUD to reduce the maximum density of development to 96 single-family dwellings and change the name of the project to the Laurel Reserve Planned Unit Development; 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 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 area of the City of Sebastian, Indian River County, Florida: The West Y.z of the Northeast 1A of Section 18, Township 31 South, Range 39 East in Indian River County, Florida. Section 2. AMENDMENT OF CONCEPTUAL DEVELOPMENT PLAN. The Conceptual Development Plan of the PUD-R zoning for the real property described in this Ordinance, originally approved as the Davis PUD by Ordinance No. 0-01-10, as amended by Ordinance No. 0-01-25, is hereby amended to provide for a maximum density of 96 single- family dwellings in accordance with the attached rendering, and the name of said project is hereby changed to the Laurel Reserve Planed Unit Development. 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 force 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 Majcher. The motion was seconded by Councilmember Coniglio and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day of May, 2002. CITY OF SEBASTIAN, FLORIDA By: lJJr'~1\ p~ Mayor Water Barnes ATTEST: (, \ l Approved as to Form and Legality for Reliapce by the City of Sebastian Only: (,1 ~~J~ ___ Rich Stringer, i Attorney