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Home My WebLink AboutO-03-13ORDINANCE NO. 0-03-13 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 CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; 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 Sebastian River Landings, LLC, 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 a City designation of LDR (Low Density Residential); and WHEREAS, the City Council has considered the criteria identified in 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 WltEREAS, 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 Map, 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 Privet County, Florida: See attached Exhibit "A " Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map'shall be amended to include the affected property, and designate the same as LDR (Low Density Residential) in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transmit 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 13th August, 2003, by Councilmember Councilmember Barczyk Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Nathan McCollum day of McCol lum The motion was seconded by and, upon being put to a vote, the vote was as follows: aye aye aye aye aye ATTEST: Sall City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember H i 1 1 the vote was as follows: Mayor Barnes aye Vice-Mayor C o n i g 1 i o a y e Councilmember Barezyk aye Councilmember H i 1 1 ay e Councilmember McCol lura aye Coniglio The and, upon being put to a vote, The Mayor thereupon declared January , 200 /* this Ordinance duly passed and adopted this 28 th day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Sally A. Mai~ CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: City Attorney ~ - "EXHIBIT A" The South 512.13 feet of the South one-half of the Northeast one-quarter of Northwest one-quarter, and the South 512.13 feet of the South one-half of the Northwest one-quarter of the Northwest one-quarter, less the West 200 feet, all in Section 26, Township 31 South, Range 38 East. AND That portion of the North one-half of the North one-half of the Northwest one- quarter of Section 26, Township 31 South, Range 38 East, lying South of the drainage canal located in, upon and under the land upon which an easement was granted to Graves Brothers Company, a Florida corporation, by easement recorded in Deed Book 28, page 435, Public Records of Indian River County, Florida. AND That part of the South one-half of the Northeast one-quarter of the Northwest one- quarter of Section 26, Township 31 South, Range 38 East, less the South 512.13 feet thereof. AND That part of the South one-half of the Northwest one-quarter of Northwest one- quarter of Section 26, Township 31 South, Range 38 East, less the West 200 feet and the South 512.13 feet thereof. Ordinance O-03-13 3WN AST )RNER OF 23, SOUTH, EAST )) ,.' MONU~AENT ED FOR FER ASSOG" 0.05' WEST iECTION CORNER D65502 d.,to NORTH 1 ~ TOWNS; RAN( / 179'S7H2"OU 4"X 4' CO~! ~ .... 8'.R.-~bbK 0112, PAGES 0520 J ' PARCEL' ~ PER VACANT LAND 62.827 Acres J~ NORTHWEST 1/4 OF '¼ NORTHEAST 1/4 OF NORmWEST 114. OF NORTHWEST 1/4 OF o0 SECTION 26, SECTION 26, TOWNSHIP 31 SOUTH, '~ TOWNSHIP 31 SOUTH, RANGE ,.38 EAST RANGE 38 EAST PARCEL 10 PER O.R. BOOK 088g, PAGES 0848-0851 89'45'¢4" E 1.326.49' J S 89'45'44" E 1326.49' SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF NORTHWEST 1/4 OF J NORTHWEST 1/4 0F SECTION 26, ~: SECTION 26, TOWNSHIP ~1 SOUTH, TOWNSHIP 31 SOUTH, ''~C4 RANGE 38 EAST RANGE 38 EASi' 1.525.92' . . I N 89'48'27" W 2651,83' WEST 1/4 CORNER OF SECTION 26, TOWNSHIP 51 SOUTH, RANGE 38 EAST NAIL AND DISK (SET) "LB 3680" CCR APPLIED FOR 1325.92' CENTER OF 1/2" ROD ( "CARTER A 0.20' N( 0.03' W~