HomeMy WebLinkAboutO-01-25ORDINANCE NO. 0-01-2~
AN ORDINANCE OF THE CiTY OF SEBASTIAN, 'FLORH)A, AMENDING THE
CONCEPTUAL DEVELOPMENT PLAN FOR THE DAVIS PLANNED UNIT
DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO ALLOW
A COMMERCIAL NODE; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT iHEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with the recommendation of the Treasure Coast Regional
Planning Council, Brian Davis has filed a petition for amendment to tile conceptual Development
Plan for the Davis PUD to add a cormnercial node along the major thorouglffare therein; 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 tile 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 tiffs 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 ~A of the Northeast ~A 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 Plmmed Unit Development Residential for the real property
described in this Ordinance (Davis PUD) is hereby amended in accordance with the attached
renderi~g to include the co,mnercial node as shown therein.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
he,-eby repealed.
Section, 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold
that any part of tiffs Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall
not be affected and it shall be presumed that the City Council o['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 remai~der of tiffs Ordinance without said invalid or
unconstitutio.nal provision, thereby causing said remainder to remain in full force and effect.
Sectinn 5. EFFECTIVE DATE. Following its adoption and authentication by the
sign. atures of the presiding officer and the Clerk of the City Council, tiffs Ordinance shall become
effective.
The tbregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember I-I±11
a vote, the vote was as follows:
Mayor Walter Barnes ab sen t
Councihnember Joe Barczyk aye
Councihn.embe,- Edward J. Majcher, Jr. aye
Councilmember Jmnes Hill aye
Councilm.e,nbe,' Ray Coniglio aye
Majcher.
and, upon being put imo
The Mayor thereupon declared tiffs Ordinance duly passed arid adopted this 12th day of
December, 2001.
CITY OF SEBASTIAN, FLOR1DA
ATTEST:
Sally A. Mai~, CMC
City Clerk-/
Mayor Walter Barnes
Approved as to form m~d legality for
reliance by tire .City of Sebastian only:
Rich Stringer, City At(b'~ney