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HomeMy WebLinkAboutO-02-13ORDINANCE NO. O-02-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 72.447 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Timothy Jelus and Hugh Evans for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of L-1 (Low Density Residential, 3 units per acre) to two parcels designated LDR (Low Density Residential) and CL (Commercial Limited) in the City; and WHEREAS, the City Council has considered the criteria identified in Section 54-1-2.9 of the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and 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 amendment to the Comprehensive Plan Future Land Use Map 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: See attached Exhibit ",4" Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the following described property as LDR (Low Density Residential): See attached Exhibit "B" and shall designate the following described property as Commercial Limited: See attached Exhibit "C" in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transn~fit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 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 or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs or other final action finding the amendment herein in compliance and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 28th day of August, 2002, by Councilmember B a r c z yk . The motion was seconded by Councilmember Majcher Mayor Walter Barnes Vice-Mayor James A. Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio and, upon being put to a vote, the vote was as follows: aye aye aye aye aye ATTEST: ~t3r'A. Ma~, OMC City Clerk-- ADOPTION The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember Coniglio the vote was as follows: Mayor Barnes aye Vice-Mayor Coniglio aye Councilmember Barczyk aye Councilmember Hill aye Councilmember McCollum aye Uill . The and, upon being put to a vote, The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of May , 20~__. CITY OF SEBASTIAN, FLORIDA ATTEST: Mayor Sally A. ~io, CMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: SKETCH (NOT A SHEET N OF LEGAL SURVEY) 1 OF5 I LAND DESCRIBED IN O.B. BOOK 1085, PAGE 2110 LAND DESCRIBED IN O.R. BOOK 1063, PAGE 1071 P.O.B. L18 L16 LANO DESCRIBED IN 0. B. BOOK 1151, PAGE 2872 SOUTHEAST 1/4bF THE SOUTHWEST 1/4 LESS O.R. BOOK 163, PAGE 496 THIS SKETCH HA~ BEEN PREPARED FOR THE EXCLUSNE USE OF THE PERSON, PERSONS OR ORG~IZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TR~IS~ERABLE. ~ COPY HEREO~, TO BE CON- SIOE'RED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. PHONE (321) 773--4325 SKETCH (NOT A SHEET OF LEGAL SURVEY) 5OF5 LEGAL DESCRIPTION: P.U.D. ZONING PARCEL (BY SURVEYOR) Lends described in O.R. Book 1131, Page 2872, O.R. Book 1085, Page 2110 and O.R. Book 1083, Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described as follows: Beginning at the Southwest corner of said Section 23; thence South 89°43'01" East along the South line of said Section 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 510 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel 8851-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County; thence North 00°08'38" East along said East Right-of-Way line, a distance of 21.99 Feat; thence North 00°15'08'. East along said East Right-of-Way line, a distance of 555.71 Feat to the POINT-OF- BEGINNING of the herein described parcel; thence continue North 00°15'08" East along said East Right-of-Way line, a distance of 100.00 Feet to the South line of lands described in O.R. Book 1321, Page 0773, of the said Public Records of Indian RIver County; thence South 89049'19'' East along said South line, a distance of 500.59 Feet to the East line of said O.R. Book 1321, Page 0773; thence North 00°10'40'' East along said East line, a distance of 659.29 Feat to the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 23; thence South 89036'05" East along said North line of the Southwest 1/4 of the Southwest 1/4, 'a distance of 762.51 Foot to the Northeast corner of the Southwest 114 of the Southwest 1/4 of said Section 23; thence South 08°16'34" West along the East line of said Southwest 114 of the Southwest 1/4, a distance of 124.58 Feat; thence North 89°41'36'' East, a distance of 24.09 Feat; thence North 00°08'39'' West, a distance of 332.97 Feet; then ce North 18°4t'03" East, a distance of 186.69 Feet to the point of curvatura of a non tangent circular curve concaveto the Northwest, having a radius of 2,205.75 Feat, and a central angle of 12°07'33"; thence from a tangent bearing of North 60°34'28" East, run Northeasterly along the arc of said curve an arc distance of 466.82 Feat to the West Right-of-Way line of the Sebastian River Drainage District Right*of-Way, as recorded in O.R. Book 193, Page 496, of the said Public Records of Indian River County; thence South 36°46'08" Eastalong thesaid West Right-of-Way line, adistance of 1,365.52 Feet; thenceSouth 00°20'$9"West alongthesaidWeet Right-of-Way line, a distance of 966.23 Feat totheSouth line of the Southwest 114 of said Section 23; thence North 89°43'01.' West along the said South line, a distance of 1788.08 Feet to the East line of lands described in O.R. Book486, Page 677, ofthesa]d Public Records of Indian River County; thence North 00°16'59" East along the East line of said O.R; Book 486, Page 677, a distance of 564.30 Feat to the North line of said O.R. Book 486, Page 677; thence North 89°43'01'' West along the said North line of O.R. Book 486, Page 677, a distance of 313.50 Feat to the Northwest corner of said O.R. Book 486, Page 677; thence North 00°16'59.' East along the Northerly extension of theWest line of said O.R. Book 486, Page 677, a distance of 14.12 Feat; thence North 89°49'19'' Wast, a distance of 387.60 Feet to the POINT-OF-BEGINNING. Containing 67.307 Acres of land more or less. SCALE: 1 ":400'I DWN.BY: D.O.G. I CHD.BY: J.M,M. ICLIENT NO. 2020015 ~A. BOUNDARY ANE: I~EGAL "REVISED" 09/17/02 ! S..,,,,.----% ' _-- ' d,¢.\ ":-, ~ -': .C-..'E ~ ~T-~-- I C A T, O N SIGNING DATE~ 09/0./~~ F~ CERT NO 5060 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OB ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOE, TO BE CON- SIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS. INC. WILLIAM MOTT LAND SURVEYING INC. SKETCH OF LEGAL (NOT A SURVEY) SHEET 1 OF 3 N LAND DESCRIBED IN O,R. BOOK 1085, PAGE 2110 LAND DESCRIBED IN O.R. BOOK 1055, PAGE 1071 L18 L16 P.O,B, ® p.O.C.: ~-L2 ~ LAND DESCRIBED IN O.R. BOOK 1151, PAGE 2B72 SOUTHEAST 1/40F ~HE SOUTHWEST 1/4 LESS O,R. BOOK 195, PAGE 496 L14. -- SCALE: 1"=400' DWNmBY:0.D.(;. ICHD.BY:J.M.M. ICUENT NO. 2020015 c~ A. BOUNDARY AND LEO__A.L~.".~____~ISED" 09/17/02 SIGNING · I :/.:~CER~I.F'ICATION ~i V ~ JONATHAN M. MOW, P.L,S. ATE: 09/04/02 f~. CERT. N0.5060 WILLIAM MOTT LAND SURVEYING INC. SATELLITE BEACH PROFESSIONAL CEN?ER PFION~ (521) 775-4525 CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF ]'HE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID, MUST BE EMBOSSED '/~qTH THE SEAL OF A REGISTERED SKETCH (NOT A SHEET OF LEGAL SURVEY) 20F3 UNE TABLE UNE LE:NG13-1 BEARINO L1 65.41' S 89'45'01" El L2 21,99' N 00'08',.98" E L,..9 555.71' N 00'15'08" E L4 100,00' N 00'15'08" E L5 500.59' S 89'49'19" E L6 659.29' N 00'10'40" E L7 762.51' S 89'56'05" E L8 124.58' S 00'16'34" W L9 24.09' S 89'41'56" W LIO 332,9T N 00'08'59" W Lll 186,69' N 18'41'05" E L12 1365,52' S 36'46'08" E L13 966.23' S 00'20'59" W L14 1788.06' N 89'43'01" W L15 564.30' N 00'16'59" E L16 315.50' N 89°43'01" W L17 14,12' N 00'16'59" E L18 387.50' N 89°49'19" W cl CURVE TABLE CURVE RADIUS DELTA LENG1H 2205.75' 12'07'..95" 466.82' CHORD CHORD BEARING 465.95' N 44'50'42" E :A BOUNDARY_ AND LEGA~_~E~ISED" 09/17/02 SIGNING DAT ;CERTIFiCATION ~~ JONATHAN M. MO~, P.L.S. 09/04/~2 ~ F~. CERT. N0.5060 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORDANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VN-ID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SUrvEYOR [MPLOYEO BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC, ~ WILLIAM MO"IT LAND SURVEYING INC. SKETCH (NOT A SHEET OF LEGAL SURVEY) 3 OF 3 LEGAL DESCRIPTION: OVERALL PARCEL (BY SURVEYOR) Lands described in O.R. Book 1131, Page 2872, O.R. Book 1085, Page 2110 and O.R. Book t063, Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described es follows: Beginning atthe Southwestcorner of said Section 23; thenceSouth 89°43'01" East alongtheSouth line of said Section 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 610 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map pa ne18851-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County and the POINT-OF- BEGINNING of the herein described parcel; thence North 00°08'38" East along said East Right-of. VVay line, a distance of 21.99 Feet; thence North 08°15'08" East along said East Right-of-Way line, a distance of 655.71 Feet to the South line of lands described in O.R. Book 1321, Page 0773, of the said Public Records of Indian River County; thence South 89°49'19.' East along said South line, a distance of 500.69 Feet to the East line of said O.R. Book 1321, Page 0773; thence North 00°10'40" East along said East line, a distance of 559.29 Feet to the North line of the Southwest 1/4 of the Southwest 114 of said Section 23; thence South 89036'05'' East along said North line of the Southwest 114 of the Southwest 1/4, a distance of 762.51 Feat to the Northeast corner of the Southwest 1/4 of the Southwest 1/4 of said Section 23; thence South 00°16'34" Wast along the Eas! line of said Southwest 1/4 of the Southwest 114, a distance of 124.58 Feet; thence North 89°41'36" East, a distance of 24.89 Feet; thence North 0(7'08'39" West, a distance of 332.97 Feet; thence North 18°41'03'' Fast, a distance of 186.69 Feet to the point of curvature of a non tangent circular curve concave to the Northwest, having a radius of 2,206.75 Feet, and a central angle of 12°07'33"; thence from a tangent bearing of North ~0°34'29'' F~t, run Northeasterly along the arc of said curve an arc distance of 466.82 FeettotheWest Right-of-Way lineofthe Sebastian River Drainage District Right. of-Way, as recorded in O.R. Book 193, Page 496, of the said Public Records of Indian River County; thence South 36°45'08.' East along the said West Right-of-Way line, a distance of 1,365.52 Feet; thence South 00°20'59" West along the said West Right-of-Way line, a distance of 955.23 Feet to the South line of the Southwest 1/4 of said Section 23; thence North 89°43'01" West along the said South line, a distance of 1,708.06 Feet tothe East line of lands described in O.R. Book 486, Page 677, of the said Public Records of Indian River County; thence North 00°16'55" East along the East line of said O.R. Book 486, Page 677, a distance of 664.30 Feet to the North line of said O.FL Book 486, Page 677; thence North 89°43'01" West along the said North line of O.R. Book 486, Page 677, a distance of 313.60 Feet to the West line of said O.R. Book 486, Page 677; thence South 00~16'59" West along the said West line of O.R. Book 486, Page 677, a distance of 564.30 Feet to the said South line of Southwest 114 of said Section 23; thence North 89°43'01" West along the said South line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 72.447 Acres of land more or less. SCALE: I"=400'I~DWN.BY:D.D.G. ICHD.BY:J.M.M. ICLIENT N0.2020015 ,,. c,` 7.'-; F El~q'~-~ICATION .D, rANIEL D. GARNER, P.S.M.siGNi~_~- D"ATE: ~,,~7/02 FLA. CERT. N0.6189 THIS SKETCH HAS SEEN PREPARED FOR 11-1E EXCLUSNE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED SELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID, MUST BE EMBOSSED ~t~rH THE SEAL OF A REGISTERED FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SKETCH OF LEGAL  (NOT A SURVEY)  SHEET 1 OF 2 ~ ~ O.R. LAND DESCRIBED INBooK 1065, PAGE 1071 _z,~o S 89'49'19" E 387.50' $ ,,,~o ~ ~ LAND DESCRIBED IN -o O.R. BOOK 1065, PAGE 1071 I, ~ ~oI ~ < ' 50.0' z POC o zo ~ ~ / SECTION 23, ~ o~ ~ / INDIAN RIVER COUNTY, ~ ~ ' ~ . ~ FLORIDA ~ d I oo 0 Z/ LAND DESCRIBED IN 0 O.R. BOOK 1151, PAGE 2872 I N 89'43'01" W 387.15' SOUTH LINE OF THE SOU~WEST 1/4 OF S 89'43'01" E . . . SEC~ON 23, TO.SHIP 31 SOUTH, RANGE 58 EAST 65.41' S~LE: I"=IO0'mDWN.BY:D.D.G. mCHD.~: J.M.M. mCLIENT NO. 2020015 THmSpERSoN,SK~CHpERSONS ~ C. CERTIFIED TO: . ~ CER~FICATION FORTE MACAU~Y D~ELOPMENT :~ ~ CONSULT~TS, INC. SIGNING DATE: ~/02 F~, CEET. NO,6189 ~r;~ s~, ~o~ 32~3~-3~ bJ SKETCH OF LEGAL (NOT A SURVEY) SHEET 2 OF 2 LEGAL DESCRIPTION: COMMERCIAL ZONING PARCEL (BY SURVEYOR) A portion of lands described in O.R. Book 1131, Page 2872 and O.R. Book 1063, Page 1071, of the Public Records of Indian River County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being mom particularly described as follows: Beginning at the Southwest corner of said Section 23; thence South 89°43'01" East along the South line of said Section 23, a distance of 65.41 Feet to the East Right-of- Way line of County Road 510 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel 8851-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County and the POINT-OF-BEGINNING ofthe herein described parcel; thence North 00o08'38.' East along said East Right-of-Way line, a distance of 21.99 Feet; thence North 00°15'08" East along said East Right-of-Way line, a distance of 555.71 Feet; thence South 89°49'19" East, a distance of 387.50 Feet to a point on the Northerly extension oftheWest line of lands described in O.R. Book 486, Page 677, of the said Public Records of Indian River County; thence South 00°16'59" West along said Northerly extension and said West line of said O.R. Book 486, Page 677, a distance of 5'78.42 Feet to the said South line of Southwest 1/4 of said Section 23; thence North 89°43'01.. West along the said South line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 5.140 Acres of land more or less. SCALE: 1 =IO0[DWN.BYD.D.G. [CHD.BY:J.M.M. [CLIENT N0.2020015 ;: CE-'~IFICATION ST~NI-NG DATE: ~ ..... FLA. CERT. N0.6189 THIS SKETCH HA~ BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW N~ID ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID. MUST BE EMBOSSED ~ITH ~HE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM, CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYINO INC.