HomeMy WebLinkAboutR-96-70RESOLUTION NO. R-96-70
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORiDA, OPPOSING THE RECOMMENDATION OF
THE INDIAN RiVER COUNTY LAND ACQUISITION
COMMITTEE; SUPPORTING THE ACQUISITION OF LOTS IN
THE SEBASTIAN HIGHLANDS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Atlantic Coastal Ridge xeric (dry) scrub habitat is a critical
habitat to a number of threatened and endangered animal and plant species, including the
Florida scrub jay; and
WHEREAS, a portion of the Atlantic Coastal Ridge xeric (dry) scrub habitat is
located in the City of Sebastian; and
WHEREAS, the federal Endangered Species Act restricts the use of certain lots in
the City of Sebastian located in the scrub habitat; and
WHEREAS, Indian River County, in partnership with the Florida Communities
Trust, is undertaking an environmental land acquisition program in Sebastian Highlands
Unit 17; and
WHEREAS, on May 24, 1995, the City Council of the City of Sebastian, Florida,
approved a Conceptual Approval Agreement and Confidentiality Agreement with the
Florida Communities Trust and Indian River County for land acquisition funds from the
Preservation 2000 Trust Fund.; and
WHEREAS, on September 13, 1995, the City Council of the City of Sebastian,
Florida, adopted Resolution No. R-95-53, authorizing the Mayor to sign and the City
Clerk to attest an Interlocal Agreement with indian River County for the Sebastian
Highlands Scrub Project, this same Agreement having been approved by the Board of
County Commissioners for Indian River County on October 3, 1995; and
WHEREAS, on May 8, 1996, the City Council of the City of Sebastian, Florida,
adopted Resolution No. R-96-36, authorizing the Mayor to sign and the City Clerk to
attest an Agreement with Indian River County, Florida Communities Trust, Atlantic Gulf
Communities Corporation, and the City of Sebastian for an option for the sale and
purchase real property in Sebastian Highlands Unit 17; and
WItEREAS, the county staff has committed to submit the first draft of the habitat
conservation plan for the Florida scrub jay in the Sebastian Highlands by mid-September;
and
WHEREAS, the habitat conservation plan will mitigate for the loss of any scrub
habitat on lots that are developed in Sebastian Highlands Units 3, 5, 10, and 17 and allow
the issuance of building permits; and
WHEREAS, the Indian River County Board of County Commissioners are
considering the purchase of additional lots in Sebastian Highlands Unit 17 required for the
habitat conservation plan; and
WHEREAS, Indian River County Land Acquisition Committee has passed a
motion recommending against the purchase of 47 lots in the Sebastian Highlands Unit 17;
and
WHEREAS, failure to purchase these lots will delay the completion of the habitat
conservation plan, will result in lengthy delays in issuing building permits for those lots
identified as scrub habitat, will adversely affect the property owners, will lower the
property values and therefore, adversely effect the citizens and taxpayers of the City of
Sebastian and Indian River County,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City Council of the City of Sebastian strongly opposes the
recommendation of the Indian River County Land Acquisition Committee.
Section 2. The City Council of the City of Sebastian requests that the Board of
County Commissioners approve the purchase of the lots in Sebastian Highlands Unit 17..
Section 3.
hereby repealed.
CONFLICT. All resolutions or parts of resolutions in conflict are
Section 4. SEVERABILITY. in the event a court of competent jurisdiction
shall hold or determine that any part of this resolution is invalid or unconstitutional, the
remainder of the Resolution 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 the Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 5.
upon final passage.
EFFECTIVE DATE.This Resolution shall take effect immediately
The
foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmemeber
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
She Mayor thereupon declared this Resolution duly passed and adopted this ///4/___
day of~ 1996.
ATTEST:
Kathryn ~1. O HallOran, CMC/AAE
City Clerk
CITY OF SEBASIAN, FLORIDA
Louis~ R. cartwrig~tSM~yor
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney