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Home My WebLink AboutO-03-24 ORDINANCE NO. 0-03-24 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND GENERAL COMMERCIAL (CG) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; 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 Crossings, 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 two parcels designated LDR (Low Density Residential) and CG (Commercial General) in the City; and WHEREAS, the City Council has considered the criteria identified in Section 20A- l 1.8(c) of the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WItEREAS, 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 amendmem 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): Parcel "B" as set forth in the attached Exhibit "`4 "; and shall designate the following described property as Commercial General: Parcel ",4" as set forth in the attached Exhibit ",4 "; 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 anconstitufional, 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 moff~d fo.r passage upon first reading this 17th day of December, 2003, by Councilmember /~3 . The motion was seconded by C~r ~t~A/L~ and, upon being put to a vote, the vote was as follows: Mayor Walter Bames Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Nathan McCollum ATTEST: Sally A.~aio, CMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor M¢Collum Vice-Mayor Barczyk Councilmember coniglio Councilmember Monier Councilmember Heptinstall Barczyk Coniglio . The and, upon being putto a vote, aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this __ June , 200__4. 2nd day of CITY OF SEBASTIAN, FLORIDA ATTEST: City Cl~rk Mayor Approved as to form and legality for reliance by the City of Sebastian only: This ordinance was rescinded by Ordinance No. O-04-18, which readopted the Land Use Map Amendment contained herein. ~ ~_~ Rich S~nger, Ci~ ~omey EXHIBIT "A" PARCEL 'A' LEGAL DESCRIPTION; (BY SURVEYOR) A parcel of land lying in Section 22, Township 31 South, Range 38 East, Indian River County, FIodda, 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 0018, 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 .described 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 Romar Subdivision, according to the plat thereof, as recorded in Plat Book 10, Page 31, of the said Public records oi Indian River County; thence South 80°52'01'' West along the North line of said Roma r Subdivision, a distance of 7'16.88 Feet to the Northwest comer of said Roma r Subdivision; thence South 00"12'10" West along the West line of said Romar Subdivision and it's Southerly extension, a distance of 22'1.00 Feet to the North Right.of-Way line of County Road 612 (as described in F.D.O.T. Maintenance Map 88040-2515); thence run along said North Right-of-Way line for the following seven calls: North89°39'26"West, a distanceof161.46 Feet;thence North 89°5'3'37''west, a distance of 200.09 Feet; thence North 89°42'12" West, a distance of 199.94 Feet; thence North 88°33' 28" West, a distance 0f100.02 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 comer of lands described in O.R. Book 0697, Page 090'f, 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 ti]stance of 448.89 Feet to the West line of said Deed Bcok 0018, Page 0305; thence South 00°12'10'' West along said West tine, a distance of 364.81 Feet; thence North 80°82'0'1'' East along the South line of said Deed Book 0015, 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 22, Township 31 South, Range 38 East, Indian Rive~ County, Florida, being more particularly described as follows: Beginning st the Northeast comer of the Southeast 1/4 of said Section 22, said poinl being the POINT-OF-BEGINNING of the herein described parcel; thence run North 89°47'24" West along the South line of the South 1/2 of the Northeast 1/4 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 theWest line of said Deed Book 0015, Page 0305, a distance of 238.46 Feet; 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 0015, Page 0305, a distance of 448.66 Feet; thence South 00°12'10" West along the West line of said Deed Bock 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 588.45 Feet to the East llne of lands described in O.R. Book 0697, Page 090'1, of 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 0616.0820, of the said Public records of Indian River County; thence South 89°47'50" East along said North and South line, a distance of 1,691.79 Feet to a point the East line of the Northeast 1/4 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 40.691 Acres of land more or [ess.