HomeMy WebLinkAboutO-96-11ORDINANCE NO. 0-96-11
A ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN COMPREHENSIVE LAND USE PLAN;
AMENDING THE COMPREHENSIVE LAND USE PLAN MAP
FROM INDIAN RIVER COUNTY RURAL DISTRICT TO
CITY LD (LOW DENSITY) DISTRICT FOR LAND
LOCATED IN THE SOUTHWEST SECTION OF THE CITY,
APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA
STREET AND NORTH OF THE SEBASTIAN RIVER
FLOODWAY; AMENDING OBJECTIVE 4-1.3.1 OF THE
SEBASTIAN COMPREHENSIVE PLAN GOALS OBJECTIVES
AND POLICIES TO PROVIDE THAT THE UNDEVELOPED
18.4 ACRES OF LAND LOCATED SOUTH OF BLOCK 339,
SEBASTIAN HIGHLANDS UNIT 13, AND WEST OF
LACONIA STREET SHALL HAVE A DENSITY NOT TO
EXCEED ONE UNIT PER ACRE IF THE DEVELOPMENT
UTILIZES SEPTIC TANK AND WELL SYSTEMS AND
THAT IF PUBLIC WATER AND SEWER IS CONSTRUCTED
THE DENSITY SHALL NOT EXCEED FIVE UNITS PER
ACRE, IN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE
CITY OF SEBASTIAN AND THE DEPARTMENT OF
CO~MUNITY AFFAIRS DATED APRIL 9, 1996;
PROViDiNG FOR COPIES OF THE COMPREHENSIVE
PLAN REMEDIAL AMENDMENT TO BE TRANSMITTED TO
ALL PARTIES AS REQUIRED BY THE STIPULATED
SETTLEMENT AGREEHENT AND RULE 9J-11.011,
FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
W~EREAS, the Florida Department of Community Affairs
("DCA") issued a Notice of Intent to find the Comprehensive
Plan Amendment of the City of Sebastian ("City"), adopted by
Ordinance No. 0-92-07 on March 24, 1993, not in compliance,
based upon the Objections, Recommendations and Comments
("ORC") Report issued by the DCA on November 12, 1992; and
WHEREAS, the City of Sebastian has cooperated with the
DCA staff in preparing proposed remedial plan amendments to
the City's Comprehensive Plan ("Plan Amendments"), in order
to achieve a compliance status; and
~EREAS, the City entered into a Stipulated Settlement
Agreement with the DCA, dated April 9, 1996 ("Stipulated
Settlement Agreement"), which sets forth the terms of the
remedial comprehensive plan amendment; and
W~EREAS, the Stipulated Settlement Agreement was
approved by the City Council pursuant to Resolution No.
R-96-29 passed on March 13, 1996; and
W~EREAS, on May 16, 1996, the Planning and Zoning
Commission held a public hearing regarding the proposed
amendments and has submitted a recommendation to the
Sebastian City Council ("City Council") recommending adoption
of the proposed Plan Amendments; and
W[IEREAS, the City Council has provided notice of the
proposed Plan Amendments and has conducted one public hearing
to receive citizen input; and
~EREAS, the City Council has considered the provisions
of the existing Comprehensive Land Use Plan together with the
recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
WIIEREAS, the City Council has determined that the
proposed changes in the City's Comprehensive Land Use Plan,
as set forth in the Stipulated Settlement Agreement, are
consistent with the future development goals of the City of
Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as
follows:
Section 1. AFFECTED PROPERTY. The amendments to the
Comprehensive Plan adopted by 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:
BEING that part of the Southeast 1/4 of the Northeast 1/4 of
Section 26, Township 31 South, Range 38 East, Indian River
County, Florida, lying North and East of the following
described lands:
BEING an easement and right-of-way 200 feet in width across
the Southeast 1/4 of the Northeast 1/4 of Section 26,
Township 31 South, Range 38 East, being 100 feet on each side
of the following described baseline as recorded in Official
Record Book 194, page 415 of the Public Records of Indian
River County, Florida:
BEGINNING at the Southeast corner of the Northeast 1/4
of aforesaid Section 26, run N41°42'15"W, a distance of
610 feet; thence run N53°52'05"W, a distance of 600
feet; thence run N73°42'05"W, a distance of 377.52 feet;
thence run N53°50'05"W, a distance of 92.13 feet, to a
point on the West boundary and 347 feet South of the
Northwest corner of the aforesaid Southeast 1/4 of the
North-east 1/4 of Section 26, Township 31 South, Range
38 East, Indian River County, Florida.
Section 2. DESIGNATION The Comprehensive Land
Use Plan Maps shall be amended to reflect a designation of LD
(Low Density) for the property which is the subject of this
Ordinance.
Section 3. AMENDMENTS TO COMPREHENSIVE LAND USE PLAN.
CHAPTER 4: PUBLIC FACILITIES ELEMENT. Objective 4-1.3 of
the City of Sebastian Comprehensive Land Use Plan Goals,
Objectives and Policies is hereby amended as follows:*
OBJECTIVE 4-1.3: PROCEDURES AND STANDARDS FOR ON-SITE
WASTEWATER TREATMENT SYSTEMS. The City shall assist in
assuring implementation of State regulations imposing
mandated standards for inspections, operation and maintenance
of on-site wastewater treatment systems.
Policy 4-1.3.1: Use of On-Site Wastewater Treatment Systems.
Use of on-site wastewater treatment systems shall be limited
to the following conditions:
Existing septic .tank and package treatment plants may
remain in service until such time as centralized service
is made available.
Use of septic tank systems for new development shall be
restricted to sites on which the Indian River County
Public Health Unit renders a finding that the site and
facility design is in compliance with State and local
regulations governing the same.
The undeveloped 18.4 acres of land located south of
Block 339, Sebastian Highlands Unit 13, and west of
Laconia Street shall have a densit~ not to exceed 1 unit
per acre if the development utilizes septic tank and well
systems. I~f public water and sewer is constructed for
this development, the density shall not exceed 5 units
per acre.
Use of package treatment plants shall comply with
applicable laws governing the location, use, and design
of the facility. Package treatment plants shall be
designed in a manner which facilities integration into
an areawide or regional system in the future.
CHAPTER 1: LAND USE ELEMENT. The Existing Land Use Map
Series in the City of Sebastian Comprehensive Plan Data
Inventory and Analysis is hereby amended, as illustrated in
Exhibit A which is attached hereto and incorporated herein by
this reference. A list of those amendments to the
Comprehensive Plan follows:
1. Existing Land Use Map 1-1 is amended to indicate subject
property as vacant and undeveloped.
* (Coding: Added language is underlined.
4
10.
Existing Land Use Map 1-2.1 Vegetative Communities is
amended to indicate subject property as South Florida
Flatwoods and Wetland Hardwood Hammock.
Existing Land Use Map 1-2.2 Estuarine Shoreline and
Wetland Areas is amended to include subject property.
Existing Land Use Map 1-2.3 Surficial Aquifer Recharge
Areas and Waterwells is amended to indicate subject
property as Poor to Moderate Recharge Potential.
Existing Land Use Map 1-2.4 Historic Resources is
amended to include subject property.
Existing Land Use Map 1-3 Adjacent Land Uses is amended
to include subject property.
Existing Land Use Map 1-4 Major Undeveloped Lands is
amended to include subject property.
Existing Land Use Map 1-5 Soils and Topography is
amended to indicate subject property as EauGallie-
Oldsmar-Wabasso.
Existing Land Use Map 1-6 Generalized Floodplain Areas
is amended to indicate subject property as Areas of
Minimal Flooding and 100 Year Floodplain.
Existing Land Use Map 1-7 City Recreation Resources is
amended to include subject property.
Section 4. NOTIFICATION. Within 10 working days
after adoption of the Plan Amendments, the City shall
transmit 5 copies of the Plan Amendments to the
Department of Community Affairs as provided in Rule 9J-
11.011, Florida Administrative Code. The City shall also
submit one copy to the regional planning agency and to any
other unit of local or state government that has filed a
written request with the governing body for a copy of the
plan amendment and a copy to any party granted intervenor
status in this proceeding. The amendments shall be
transmitted to DCA along with a letter which describes the
remedial action adopted for each part of the plan amended,
including references to specific portions and pages.
Section 5. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 6. 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 provision, it shall further be assumed that
the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall
take effect immediately upon its adoption and authentication
by the signatures of the presiding officer and the Clerk of
the City Council.
The for~lng Ordinance was moved for adoption by
Councilmembe~ i ~.3 . The motion was seconded
by Councilmember .~ ~;A/vt~/~ and, upon being put to
a vote, the vote was as follows:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Richard Taracka
Councilmember Raymond Halloran
and adopted this~ ,7. day of~BASTiAN,, 1996.
FLORIDA
c~rtwright, ~or
¢it-7 Clerk-
(~EAL)
ApprovEd as to Form and Content:
Valerie Settles
City Attorney