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HomeMy WebLinkAboutO-02-14ORDINANCE NO. O-02-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL LIMITED (CL) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 72.447 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Timothy Jelus and Hugh Evans have filed a petition for amendment to the Zoning Ord;~nance; 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 has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN R1VER 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: See attached Exhibit "A ". Section 2. PLANNED UNIT REZONING. The real property described in the attached Exhibit "B' is hereby given an initial City zoning designation of Planned Unit Development Residential (PUD-R) in accordance with the attached Conceptual Development Plan. Section 3. COMMERCIAL PARCEL REZONING. The real property described in the attached Exhibit "C' is hereby given an initial City zoning designation oF Commercial Limited (CL). Section 4. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. CONFLICT. All ordinances or parts of ordinances in conflict herewith are Section 5. 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 provisions. It shall further be assumed that the City Council would have enacted the remainder o£this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. 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 concurrent with the effective date of Ordinance 0-02-13. The forgoing Ordinance was moved for adoption by Councilmember Hill The motion was seconded by Councilmember Coniglio and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice-Mayor James Hill aye Councilmember Joe Barczyk aye Councilmember Edward J. Majcher, Jr. aye Councilmember Ray Coniglio aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of May ,2003. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. _Mfldo~i2MC City Clerk Mayor Walter Barnes Approved as to form and legality for mlian%e by the City of Sebastian only: Rich Stringer, Cffy Att~/fney SKETCH (NOT A SHEET OF LEGAL SURVEY) 1 OF3 N L7 I LAND DESCRIBED IN O.R. BOOK 1085, PAGE 2110 L1- P.O.B. L18 LAND DESCRIBED IN O,R, BOOR lOBS. PAGE 1D71 L16 ®1 LAND DESCRIBED IN O.R. BOOK 1151, PAGE 2872 SOUTHEAST 1/4 bP THE SOUTHWEBT 1/4 LESS O.R. BOOK 195. PAGE SCALE: 1--400 mowN.aY D:D.O. I CHD.BY:J.U.M. ICLIENT NO. 2020015 CERTIFICATION 'S GN NS ~m~: 10_~e~'/02 PLA CERT N06109 ITHIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF' THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABle'. ANY COPY HEREOF, TO BE CON- SIDERED VAUB, MUST BE EMBOSSED WITH THE SEAL OF' A REGISTERED CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SKETCH (NOT A SHEET OF LEGAL SURVEY) 2 OF5 UNE TABLE UNE LENGll'I BEARING L1 65.41' S 8g'45'01" E L2 21.99' N 00'08'58" L`3 655.71' N 00'15'0B" E L5 500.59' S 89'49'19" E L6 659.29' N 00'10'40" E L7 762,51' S 8g'56'05" E L8 124,58' S 00'16'34" W L9 24.09' S 89'41'36" W LIO 532,97' N 00'08'59" Lll 186,69' N 18'41'05" E L12 1385.52' S 36'46'08" E L13 966.2,3' S 00'20'59" W L14 1788.06' N 89'¢5'01" W L15 564~30' N 00'16'59' E L16 313.50' N 89'43'01' W L17 564..30' S 00'16'59" W L18 .387.15' N 89'4.3'01" W CURVI[ RADIUS C1 2205.75' CURVE TABLE DELTA LENGTH i CHORD 12'07'5.3" 466.82' 465.95' CHORD BEARING N 44'.30'42" E SCALE: I"=400'IDWN,BY:D.D.G. ICHD,BY:J.M.M. ICLIENT NO. 2020015 A. CERTIFICATION ~:~ ~ DANIEL D. GARNER, P.S.M. SIGNING DATE: 1..~:a"7'~02 FLA. CERT. N0.6189 S~DERED VALID. MUST B£ EMBOSSED WITH THE SEAL OF A REGISTERED CERTIFIED TO: SURVEYOR EMPLOYED BY THiS FIRM. FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MO'IT LAND SURVEYING INC. SKETCH (NOT A SHEET OF LEGAL SURVEY) 50F5 LEGAL DESCRIPTION: OVERALL PARCEL (BY SURVEYOR) Lands described in O.R. Book 1131, Page 2872, O.FL Book 1085, Page 2110 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 more particularly described as follows: Beginning at the Southwest corner of said Section 23; thence South 89°43'01'' EastalongtheSouth 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-Waymap panel 8851-1 $0, 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 00008'38.. East along said East Right-of- Way line, a distance of ZI.99 Feet; thence North 00°1E08'' East along said East Right-of-Way line, a distance of 6.55.71 Feet to the South lin e of lands described in OoR. 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 500.59 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 Feet to the North line of the Southwest 114 of the Southwest 114 of said Section 23; thence South 89~36'05" East along said North line of the Southwest 1/4 of the Southwest 1/4, a distance of 762.51 Feet to the Northeast corner of the Southwest 1/4 of the Southwest 114 of said Section 23; thence South 00°16'34" Wast along the East line ofsaid Southwest 1/4 of the Southwest 1/4, a distance of 124.58 Feet; thence North 89°41'36'. East, a distance of 24.09 Feet; thence North 00~08'39" West, a distance of 332.97 Feet; thence North 18°41'03'' East, a distance of 186.69 Feet to the point of curvatL~-e of a non tangent circular curve concaveto the Nortlw~eet, having a radius of 2,205.75 Feet, end a central angle of 12=07'33"; thence from a tangent bearing of North 50°34'29'' r=~t, run Northeasterly along the arc of said curve an arc distance of 466.82 Feetto the West Right-Of-Way line ofthe Sebastian RiverDreinage Disb-ict Right- of-Way, as recorded in O. FL Book 193, Page 496, of the said Public Records of Indian River County; thence South 36°46'08'- East along the said West Right-of-Way line, a distance of 1,365.52 Fest; thence South 00°20'59'' West along the said West Right-of-Way line, a distance of 966.23 Feet to the South line of the Southwest 114 of sai({Section 23; thence North 89°43.01" Wast along the said South line, a distance of 1,788.06 Feet tot~he East line of lands described in O.R. Book486, Page 677, of the said Public Records of Indian River County; thence North 00°16'89'' East along the East line of said O.R. Book 496, Page 677, a distance of 664,30 Feet 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 Fee{ 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 Southweet 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 72.447 Acres of land mom or lees. SCALE: I"=400'JDwN.BY:D.D.G. J CHD.BY:J.M.U. JCUENT NO. 2020015 CERTIFICATION ~GNI~'~- D~.' ~10~7/02 FLA. CERT. NO.6189 THIS SKETCH HAS BEEN PREPAREO FOR THE EXCLU$~E USE OF THE PERSON, PERSONS OR ORGANIZATION iDENTIFiED BELOW AND ITS CEE- CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. ~ ~rILLIAM MOTT LAND SURVEYING INC. SKETCH OF LEG.AL (NOT A SURVEY) SHEEY 1 OF 3 N SCALE: I":400' 1.18 P.O.B. ® P.O.C. ~'L2 ® LAND DESCRIBED IN O.R. BOOK 1BBS. RAGE 2110 LAND DESCRIBED IN O.R. BOOK 1085, PAGE 1071 L16 LAND DESCRIBED 1N O.R. BOOK 1151, PAGE 2872 SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 LESS O,R. BOOK 193. PAGE A96 L14 -- DWN.BY:D.D.G. t CHD.BY:J.M.M. ICLIENT NO. 202001,5 BOUNDARY AND LEGAL "REVISED" 09/17/02 SIGNING / CERTIFICATION ATE: 09/04/02 LA. CERT. N0.5060 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUBNE USE OF 'FHE PERSON, PERSONS OR ORGANIZATION tDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID. MU~T BE Ek~BOSSED WITH THE SEAL OF A REGIB'F~RED CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SKETCH (NOT A SHEET OF LEGAL SURVEY) 2 OF3 UNE TABLE UNE LENGll-I BEARING L1 65.41' S B9'45'01" E L2 2%99' N 00'08'58" E L3 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 89'36'05" E L8 124.58' S 0096'34" W L9 24.09' S 89'41'36" W LIO ,332.97' N 00'08'.39" 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 313,50' N 89'43'01" W L17 14.12' N 00'16'59" E L18 387,50' N 8g'49'1g" W Cl CURVE TABLE CUR~VE RADIUS DELTALENGllt CHORD CHORO BEARING 2205.75' 12'0T55" 466.S2' 465.95' N 44'50'42" E SCALE: 1"=400'] DWN.BY: O.O.G. [CHD.BY: J.M.M, [CLIENT NO. 2020015 A. BOUNDARY AND LEGAL "REVISED" 09/17/02 B. SIGNING DAT CERTIFICATION ~ JONATHAN M. MO3T, P.L,S. : 09/04/~'2 ~ FLA. CERT. NO.5060 THIS SI(ETCH HAS BEEN PRtD3ARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TR~NSFERABLE, ANY CDPY HEREOF, TO BE CON- BIDERED VNJ0, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SKETCH (NOT A SHEET OF LEGAL SURVEY) 3 OF3 LEGAL DESCRIPTION: P.U.D. ZONING PARCEL (BY SURVEYOR) Lands described in O.R. Book 1131, Page 2872, O.R. Book 1086, Page 2110 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 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 Depa= I,,ent of Tmnspartafion) Right-of-Way map panel 8851-160, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County; thence North 00°08'39.' 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 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 89°49'19.. 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 Feet to the North line of the Southwest 114 of the Southwest 1/4 of said Section 23; thence South 89"36'05" East along said North line of the Southwest 'U4 of the Southwest 114, ~a distance of 762.51 Feet to the Northeast corner of the Southwest 114 of the Seuthwest 1/4 of said Section 23; thence South 00D16'34'' West along the East line of said Southwest 1/4 of the Southwest 1/4, a distance of 124.~8 Feet; thence North 89°41'36" East, a distance of 24.08 Feet; thance North 00°08'39" West, a distance of 332.97 Feet; thence North 18°41'03" East, 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 2,205.75 Fast, and a central angle of 12°07'33"; thence from a tangent beefing of North 50°34'29" East, run NortheasteHy along the arc of said curve an am distance of 466.82 Feet 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" East along the said West Right-of-Way line, a distance of 1,365.52 Feet; thence South 00°20'69" West alongthesaidWest Right-of-Way line, a distance of 966.23 Feet tothe South line of the Southwest 114 of said Section 23; thence North 89"43'0t" 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, of the said Public Records of Indian RIver County;, thence North 00°16'59" Eas! 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.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 313.60 Feet to the Northwest corner of said O.R. Book 486, Page 677; thence North 00°16'59'' East along the Northerly extension of the West line of said O.R. Book 486, Page 677, a distance of 14.12 Feet; thence North 89°49'19" West, a distance of 387.60 Feet tothe POINT-OF-BEGINNING. Containing 67.307 Acres of land mom or less. SCALE: 1"=400 J OWN.BY: D.D.G. I CHD.BY: J.M.M. ICLIENT NO. 2020015 BOUNDARY ANF' I.EC'AL "REVISED" 09/17/02 ~B.-- SIGNING DATE! CErTiFICATION 09/04/02 FLA. CERT. N0.5060 THIS S}<ETCH HA~ BEEN PREPARED FOR THE EXCLUSNE USE OF THE PERSON, PERSONS OR ORGANIZATION IOENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VAUO, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. ~ W'ILLIAM MO'IT LAND SURVEYING INC. s SKETCH OF LEGAL ~~~ (NOT A SURVEY) SHEET 1 OF 2 W l~, LAND DESCRIBED IN ~u O.R. BOOK 1065, PAGE 1071 -=,~o S 89'49'19" E 387.50' o ~ LAND DESCRIBED IN ~8 o.r. BOOK 1063, PAGE 1071 ~ < I 50.0' ~ -- POC o~m W ~ ~ ~ I ~ / SEC~ON 23, ~ TO.SHIP 31 SOU~.  ~ ~ Z LAND DESCRIBED IN 0 ~<l~m ~ O'R' BOOK 1131, PAGE 2872 k, N 89'43'01" W 587.15' SOUTH LiNE OF THE SOU~ST 1/4 OF S 89'43'01" E ~ . . . SEC~ON 23, TO.SHIP 51 SOUTH. RANGE 58 EAST 65.41' SCALE: 1"=100 JDWN.,Y D.D.G. ICHD.BY:J,M.M. JCLIENT NO. 2020015 THIS SK.CH ~ BEEN "'"~ED FOR me EXCLUS~ USE OF I ~ C. CERTIFIED TO: CERTIFICATION FOR~ MACAU~Y D~LOPMENT WIL~AM MOTT ~ND SURVEYING INC. SIGNING DA~5:~/02 F~. C~T. N0.6189 ~u~ s~.. ~om~ 3z~37-3~ 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 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 tl, Page 30, of the Public Records of Indian River County and the POINT-OF-BEGINNING of the herein described parcel; thence North 00008'38'. 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 oflndian River County; thence South 00016'59" West along said Northerly extension and said West line of said O.R. Book 486, Page 677, a distance of 578.42 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.t40 Acres of land more or less. SCAL£: I"=IO0'IDWN.BY:D.D.G. ICHD.EIY:J.M.M. ICLIENT NO. 2020~15 CERTIFICATION STONIng DATE: ? '---~ FLA. GERT, N0,6189 THIS SKETCH ~ BEEN PREPARED FOR THE EXCLUSIVE: USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- T~FICA¥1ON IS NON-TRANSFERABLE. ANY COPY HEREOF. TO SE CON- SIDERED VALID. MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED CERTIFIED TO: SUEV~OR EMPLO~O ~ TH~S F~RU. FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC.