HomeMy WebLinkAboutO-03-14ORDINANCE NO. 0-03-14
AN ORDINANCE OF TIlE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN
INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT
RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL
DEVELOPMENT PLAN I~OR ANNEXED LAND WITI~ A PRIOR COUNTY
ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING
OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Sebastian River Landings, LLC, has filed a petition for amendment to the
Zoning Ordinance; and
WltEREAS, the City Council has provided notice of the proposed zoning change and
conducted a public hearing to receive citizen input; and
WItEREAS, the Cky 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
WREREAS, the City Council as 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 RIVER 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 Eochibit "A ".
Section 2. PLANNED UNIT REZONING. The real property described in said
Exhibit "A" 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. ZONING MAP. The official City Zoning Map shall be amended to
include the subject property and reflect this designated zoning district.
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 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 of this Ordinance without said
invalid or unconstitutional provisior~ thereby causing said remainder to remain in full force and
effect.
Section 6. 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 effectiveness of Ordinance 0-03-13.
The
Hill
foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember c ort i g 1 i o and,
upon being put to a vote, the vote was as follows:
Mayor B a r n e s
Vice-Mayor c o n i g 1 i o
Councilmember
Councilmember
Councilmember
Barczyk
Hill
McCollum
The Mayor thereupon declared this
January ,2004
Ordinance
aye
aye
aye
aye
aye
duly passed and adopted this
28th
day
of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
City Clerk/'
Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attorney
"EX3~IT A"
The South 512.13 feet of the South one-haLf of the Nortlaeast 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.
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 I)eed Book 28, page 435, ?ubh¢ Records of Indian River County, Florida.
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.
That part of the South one-half ot the Northwest one-quarter o£ 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-03-14