HomeMy WebLinkAboutO-04-14ORDINANCE NO. O-04-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING
AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT
DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A
CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A
PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR
LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510
AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS
PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development, Inc., 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
WI-I~REAS, 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 pattem.
Section 2. PLANNED UNIT REZONING. The real property described above 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.
CONFLICT. All ordinances or parts of ordinances in conflict herewith
Section 4.
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 fmther 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. 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 0-03-26.
The foregoing Ordinance was moved for adoption
coniglio . The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
by Councilmember
Heptinstall and,
Mayor Nathan B. McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Lisanne Monier
Councilmember Michael Hepfinstall
aye
aye
aye
aye
aye
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, as of the effective date to be
lying and being within the incorporated area of the City of Sebastian, Indian River County,
Florida:
PARCEL 1:
West V2 less the West 40 acres of the Southeast ¼ of Section 25, Township 31 South,
Range 38 East, less fight-of-way for County Road 510;
Together with
PARCEL 2:
The South 100 feet of the North V2 of the Northeast ¼ of Southeast ¼ and South V2 of
Northeast lA of Southeast ¼ and Southeast ¼ of Southeast ¼; less canal right-of-way:
less South 40 feet for road right-of-way, Section 25, Township 31 South, Range 38
East. Said parcel containing 60.74 acres more or less;
Together with
PARCEL 3:
East 1/2 of Northeast ¼ of Southwest ¼, less canal right-of-way Section 25, Township 31
South, Range 38 East; less that portion lying west of the 200 foot Sebastian
River Floodway.*
Together with
PARCEL 4:
North V2 of the West 40 acres and the East 10 acres of the South ¥~ of the West 40 acres
of the Southeast ¼ of Section 25, Township 31 South, Range 38 East less tight-of-way
for County Road 510;
containing a total of 152.21 acres more or less.
*Scrivener's error in original legal corrected to reflect the intent of
City Council on June 2, 2004.
The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June,
2004.
The effective date of this ordinance was subsequently
modified by Ordinance 0-04-18 to become effective
concurrent therewith.
ATTEST:
Sally A. ~dio, CMC
City Clo~k
CITY OF SEBASTIAN, FLORIDA
Mayo; N~ath~m' B. McCollum
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
RichS~'~-ger,~ey