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Home My WebLink AboutO-04-12ORDINANCE NO. 0-04-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL GENERAL (CG) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDLE SCHOOL I~OWN AS SEBASTIAN CROSSINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sebastian Crossings, LLC has filed a petition for amendment to the Zoning Ordinance; 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 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 oftbe City of Sebastian, Indian River County, Florida: See attached Exhibit ".4 '. Section 2. PLANNED UNIT REZONING. The real property described as Parcel "B", as set forth in the attached 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 by Bruce A. Moia, P.E. of Mosby and Associates dated May 5, 2004. Section 3. COMMERCIAL PARCEL REZONING. The real property described as Parcel "A', as set forth in the attached Exhibit "A', is hereby given an initial City zoning designation of Commercial General (CG). 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 evem 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 provision, thereby causing said remainder to remain in full force and effect. Section ?. 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 0-03-24. The foregoing Ordinance was moved for adoption by Councilmember Monier . The motion was seconded by Councilmember Heptinstall and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of Jtme, 2004. ATTEST: The effective date of this ordinance was subsequently modified by Ordinance 0-04-18 to become effective concurrent therewith. CITY OF SEBASTIAN, FLORIDA By///~ 'Mayor Nathan B. MeCollum Approved as to form and legality for reliance by the City of Sebastian: Rich ~tringer, City At~mey PARCEL 'A' LEGAL DESCRIPTION: (BY SURVEYOR) EXHIBIT "A" A parcel of land lying in Section 22, Township 31 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: Beginning at the Northeast corner of the Southeast 1/4 of said Section ~2; thence South 00~12'10" West along the East line of the Southeast 1/4 of said Section 22., said line also being the East line of lands described in Deed Book 0015, Page 0305, of the Public records of said Indian River County, a distance of 867.71 Feet to the POINT-OF-BEGINNING of the herein .deschbed parcel; thence continue South 00°12"10'' West along the said East line of the Southeast 1/4 of said Section 22, a distance of 101.34 Feet to the Northeast corner of Rome r Subdivision, according to the plat thereof, as recorded in Plat Book 10; Page 31, of the said Public records ot Indian River County; thence South 80°82'01" WeSt along the North line of said Romar Subdivision, a distance of715.88 Feettothe Northwest comer of said Romar Subdivision; thence South 00'1Z10" West along the West line of said Romar Subdivision and It's Southerly. extension, a distance of 22%00 Feet to the North Right-of-Way line of County Road 512 (as described in F.D.O.T. Maintenance Map 88040-2515); thence run along said North Right-of-Way line forthe following seven calls: North 89~39'26" West, a distance of 181.4.6 Feet;thence North 89°.~8'37"West, a distance of 2.00,09 Feet; thence North .89°42'12'' West, a distance of 199.94 Feet; thence North 88°33'28" West, a distance oil 00.02 Feet; thence North 81°44'02'' West, a distance of 100.98 Feet; thence North 82'51'38" West, a distance of 100.72 Feet; thence North 89°42'12'' West, a distance of 119.41 Feet to the Southeast corner of lands described in O.R. Bock 0697, Page 0901, of the said Public records of Indian River County; thence North 00°08'39" East along the East line of said O.R. Book 0697, Page 090'1, a distance of 355,08 Feet; thence leaving said East line run North 65°57'41'' East, a distance of 588.45 Feet; thence North 82°19'08" East, a distance of 448.89 Feet to the West line of said Deed Book 0015, Page 0305; thence South 00°12'10'' West along said West line, a distan(;s of 364.81 Feet; thence North 80°52'0'1" East along the South line of said Deed Book 00'15, Page 0305, a distance of 715.88 Feet to the POINT-OF-BEGINNING. Containing 14.403 Acres of land more or less. PARCEL 'B' LEGAL DESCRIPTION: {BY SURVEYOR) A parcel of land lying in Section 2.2., Township 31 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: . Beginning et the North east co met of the Southeast 114 of said S ectlon 22, s aid point being the POINT-OF-BEGINNING of the herein described parcel; thence run North 89°47'24" West along the South line of the South 112 of the Northeast 114 of said Section 22, said line also being the North line of lands described in Deed Book 0015, Page 0305, of the Public records of said Indian River County, a distance of 209.00 Feet; thence South 00"12'10"West along the West line of said Deed Book 00,15, Page 0305, a distance of 238.46 Feat; thence leaving said line run South 37"40'53" West, a distance of 80.10 Feet tea point on the North line of said Deed Book 0015, Page 0305; thence North 89°47'50" West along the North line of said Deed Book 00'18, Page 0305, a distance of 448.66 Feet; thence South 00°12'10" West along the West line of said Deed Book 0015, Page 0305, a distance of 317.03 Feet; thence South 82°19'08" West, a distance of 448.89 Feet; thence South 65°57'41" West, a distance of 588.46 Feet to the East line of lands described in O.R. Book 0697, Page 090% ol the said Public records of Indian River County; thence North 00"08'39" East along said East line, a distance of 1,586.20 Feet a point on the North line of the South 1/2 of the Northeast 1/4 of said Section 22, said line also being the South line of lands described in O.R. Book 1092, Pages 0616-0620, of the said Public records oftndian River County; thence South 89°47730" East along said North and South line, a dtstasce of 1,891.79 Feet to a point the East line of the Northeast 114 of said Section 22; thence South 00°:25'23" West along said East line, a distance of 663.99 Feet to the POINT-OF-BEGINNING. Containing 45.691 Acres of land more or less.