HomeMy WebLinkAboutO-04-18I, Jeanette Williams, do hereby certify that this is a true and correct copy of Ordinance No. 0-04-18 City Council
on September 22, 2004.
I hereby affix my signature this 6th day of December, 2004.
Please return to: 1889843
City Clerk's Office THIS DOCUMENT HAS BEEN RECORDED
City of Sebastian IN TIlE PUBLIC RECO~S OF
INDIAN RIVER COUNTY FL
1225 Main Street BK: 1812 PG:619, Page1 of 8 . 9 ¢
Sebastian, FL 32958 9 -'"~ '. ~ ,-'-~ ~ ~ ~.~
~ O~IN~ OF THE CITY OF SEBASTI~, FLO~DA, ~~ ~
~ENDME~ TO THE COMP~NSIVE PL~ FUTU~ L~D USE ~
TO DESIGNATE ~ INITI~ L~D USE CLASSIFICATION FOR ~D
L~D; ~OPTING ~CO~ ~OM P~OR HE~NGS; AUtO.ZING
~INGS ~ ~MINIST~TIVE ACTIONS; PRO~DING FOR CONVICTS,
E~CT ON OTHER ENACTMENTS, SERVILITY ~D EFFECTIVE DATE.
WHEREAS, the City has considered the application of landowners of each of the subject
parcels for an amendment designating an initial land use for property to be annexed; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public heatings to receive citizen input; and
WHEREAS, the said public heatings were conducted with due notice in compliance with
law, and all parties were provided an opportunity to present record evidence and the heatings
were opened to receive citizen input; 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
WltEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WItEREAS, 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; and
WHEREAS, the City Council, mindful of the review schedule modifications under the
Department's Supplemental Order to Executive Order 04-192 relating to Hurricane Frances and
dated September 10, 2004, desires to adopt the amendments with a single ordinance for
transmission in a format preferred by the Department of Community Affairs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. ADOPTION OF RECORD. The record as established pursuant to the
public adoption hearings held May 26, June 2, and July 14, 2004, for Ordinance No. O-03-16,
Ordinance No. O-03-18, Ordinance No. 0-03-20, Ordinance No. 0-03-24, and Ordinance No. O-
03-26 is hereby incorporated and adopted as the record for this ordinance for all legal purposes.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map is
hereby amended to include and designate these properties as LDR (Low Density Residential):
A. The Cross Creek Parcel.
The South ½ of the Northwest ¼ of Section 30, Township 31 South, Range 39 East,
Indian River County, Florida, LESS the East 35 feet thereof for fight-of-way AND
ALSO the Northeast ¼ of the Southwest ¼, excepting the West 5 acres thereof, in
Section 30, Township 31 South Range 39 East;
containing 115 acres more or less.
B. The Spencer Parcel.
The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South Range 38
East, LESS the West 65.3 feet for Road Right of Way;
containing 38.27 acres more or less.
C. The Ashbury Parcel.
The Southwest ¼ of the Southwest ¼, and the South 534.5 feet of the Northwest ¼ of
the Southwest ¼, LESS the North 250 feet of the West 200 feet, all in Section 6,
Township 31 South, Range 39 East, Indian River County, Florida;
containing 56.25 acres more or less.
D.The Sebastian Crossings Parcel "B'.
See attached Schedule 1
E. The River Oaks Preserve Parcel.
PARCEL 1:
West V2 less the West 40 acres of the Southeast ¼ of Section 25, Township 31
South, Range 38 East, less right-of-way for County Road 510;
together with
PARCEL 2:
The South 100 feet of the North ½ of the Northeast ¼ of Southeast ¼ and South ½
of Northeast ¼ of Southeast ¼ and Southeast ¼ of Southeast ¼; less canal fight-
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 ¼ of Northeast ¼ of Southwest ¼, Section 25, Township 31 South, Range 38
East, less canal fight-of-way and that portion lying westward thereof;
together with
PARCEL 4:
North 1/2 of the West 40 acres and the East 10 acres of the South ½ of the West 40
acres of the Southeast ¼ of Section 25, Township 31 South, Range 38 East less
right-of-way for County Road 510;
containing a total of 152.21 acres more or less.
Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include and designate this property as CG (Commercial General):
Sebastian Crossings Parcel "A" as per attached Schedule 2
Section 4. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the Department of Community Affairs as Sebastian 04-2 (previously 04-1)
Adopted Amendment, and proceed in accordance with the provisions of Fla. Stat. Chapter 163.
Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are repealed. More specifically, Ordinance No. O-03-16, Ordinance No. O-03-18, Ordinance No.
0-03-20, Ordinance No. 0-03-24, and Ordinance No. 0-03-26, are all hereby rescinded.
Section 6. EFFECT ON OTHER ENACTMENTS. Any and all enactments
having an effective date dependent upon the effectiveness of the ordinances rescinded in Section
5, above, or otherwise cross-referencing the same, shall instead in the same manner be effective
or otherwise dependent upon this ordinance, specifically including but not limited to the
following enactments:
ORDINANCE NO. 0-04-07
ORDINANCE NO. O-04-09
ORDINANCE NO. 0-04-03
ORDINANCE NO. O-04-11
ORDINANCE NO. O-04-13
Section 7. SEVERABILITY.
ORDINANCE NO. 0-04-08
ORDINANCE NO. O-04-10
ORDINANCE NO. O-03-21
ORDINANCE NO. O-04-12
ORDINANCE NO. O-04-14
In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City did not intend to enact such invalid provision. It
shall further be assumed that the City would have enacted the remainder of this Ordinance
without said invalid provision, thereby causing the same to remain in full force and effect.
Section 8. EFFECTIVE DATE. The effective date of this plan amendment shall be
the date a final order is issued by the Department of Community Affairs or Administration
Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b),
Fla. Stat., whichever is applicable. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nonetheless be made effective by adoption of
a resolution affirming its effective status, a copy of which resolution shall be sent to the
Department of Community Affairs.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Lisanne Monier
Councilmember Mike Heptinstall
Heptinstall
Coniglio
and, upon b~ng put to a
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd day of
September, 2004.
ATTEST:
Sally A. Mai~, CNIC
f:.__C: itY Clerk~ / '.'~
CITY OF SEBASTIAN, FLORIDA
By~
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City AttOW...~y
SCHEDULE "1"
PARCEL
LEGAL DESCRIP~ON: (BY SURVEYOR}
A parcet of land iying in Section 22, Township 31 South, R2nge 38 East, Indian River
County, Florida, being more particularly deecdbed as
Beginning at the Northeast comer of th e Southeast 1/4 of said Section 22, said poini
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 o1' fends described in Deed Book 001
Page 0305, ortho Public records of said indian River County, a distance of 209.00
F eot; th once South 00°1 2'10" West along the West line of said Deed Book 00'~ 8, Page
030~, a distance of 238.46 Feet; [henceieaving said line run South 37°~,0'53" 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 o¢ 448.66 Peet; 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 58°57"41'' We.st, a distance
of 588.45 Feet to the East line of lands described in O.R. Book 0697, Page g901, of
the said ~=ublic records o¢lndian River County; thence North 00°08'39'' East along
said Ba~t line, a distance of 1,686.20 Feet a point on the North line of the South 112
of the Nertheast 1/4 of said Section 22, said line also being the South tine of lands
described in O.R. Book 1092, Pages 0616-0620, of the said Public records oftndian
River County; thence South 89°47'50'' East along said North and South line, a
distance of 1,691.79 Feat to a point the East line of the Northeast '~/4 of said Section
22; thence South 00°25'23" West along said East tine, a distance
the POINT-OF-BEGINNiNG.
Containing 45.891 Acres of [and mere or less.
SCHEDULE "2"
PARCEL
LEGAL DESCRIP~qON: (BY SURVEYOR)
A parcel of land lying in Section 22, Tovcnship 31 South, Range 38 East, Indian River
County, Florida, being more particularly desofibed aa follows:
Beginning at the Northeast corner of the Southeast 1/4 of.said Section 22; thence
SoL, th 80°12'10'' West along the East line of the Southeast 1/4 of said Section 82,
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 887.71 Feet to the
POINT-OF-BEGINNING of the herein described parcel; thence continue South
00°12'10'' West along the s~id 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
t~e plat thereof, as recorded in Plat Book 10, Page 31, of the said Pudiic records el
Indian River County; thence South 89°52'01'' West along the North line of said
Romar Subdivision, a distance of 715.88 Feet to the Northwest comer of said Romar
Subdivision; thence South 00°12'10'' West along [he West line of said Romar
Subdivision and it's Southerly extension, a distance of 221.00 Feet to the North
Right-of-Way line of County Road 512 (as de.scribed in F.D.O.T. I~laintenance Map
88040-2516~; thence run along said North Right-of-Way line forthe ¢ollo~~ir~g seven
calls: North 89°39'26" West, a distance of 161.4& Feet; thence North 89"5 ~'3,~" West,
a distance of 200.09 .Feet; thence North 89°42'12'' West, a distance of 199.94 Feet;
thence North 88°30' 28" West, a distance ~f100.02 ,~eet; thence North 81°4~.'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
~ands described in O.R. Book 0697, Pag~e 0901, of the said Public records of indian
River County; thence North 00°08'39" East along [he East line of said O.R. Book
0697, Page 0901, a distance of 858.08 Feet; thenceieaving said East line run North
66"57'41" East, a distance of 888.46 Feet; thence North 82°19'08TM Bast, a distance of
4.48.99 Feet to the West tine of said Deed Book got6, Page 9308; [hence South
00°12'10" West along said West line, a distance of 364.81 Feet; [hence North
80°52'01'' East along the South iine 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.
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call homeH
JED BUSH
Governor
THADDEUS L. COHEN, AlA
Secretary
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The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
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November 17,2004
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Dear Mayor McCollum:
The Department of Community Affairs (Department) has completed its review of the
Comprehensive Plan Amendment (DCA No. 04-2) adopted by Ordinance No. 0-14-18 on
September 22, 2004, for the City of Sebastian and determined that it meets the requirements of
Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection
163.3 I 84(l)(b), F.S. The Department is issuing a Notice ofIntent to find the plan amendment In
Compliance. The Notice of Intent has been sent to the Jupiter Courier (Vera Beach Press
Journal) for publication on November 18,2004.
The Department's notice of intent to find a plan amendment in compliance shall be
deemed to be a final order if no timely petition challenging the amendment is filed. Any affected
person may file a petition with the agency within 21 days after the publication ofthe notice of
intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a
development, dependent on the amendment may be issued or commence before the plan
amendment takes effect. Please be advised that Section 163.3184(8)(c)2, F.S., requires a local
govermnent that has an Internet site to post a copy of the Department's Notice ofIntent on the
site within ~ days after receipt of the mailed copy of the agency's notice of intent.
Please note that a copy of the adopted City of Sebastian Comprehensive Plan
Amendment, and the Notice ofIntent must be available for public inspection Monday through
Friday, except for legal holidays, during normal business hours, at the City of Sebastian, City
Hall, Clerk's Office, 1225 Main Street, Sebastian, Florida 32958.
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~ 2"S' - l'Iu MAR D 0 A K BOULEVARD . TALLAHASSEE, flORIDA 3 2 3 9 9 . 2 1 00
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto://www.dca.state.fl.us
CRITICAL STATE CONCERN FiElD OFFICE
2796 Overseas Highway, Suite- 212
Marathon, FLB050-2227
(305)289-1402
COMMUNITY PLANNING
2S555humard Oak Boulevard
Tallahassee, Fl 32399-2\00
(BSO)4B8-2356
E^1ERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, Fl32399-2100
(BSOl413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, Fl32399-2100
(850)488-7956
,
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The Honorable Nathan B. McCollum
November 17, 2004
Page 2
If this in compliance determination is challenged by an affected person, you will have the
option of mediation pursuant to Subsection 163.3 1 89(3)(a), F.S. If you choose to attempt to
resolve this matter through mediation, you must file the request for mediation with the
administrative law judge assigned by the Division of Administrative Hearings. The choice of
mediation will not affect the right of any party to an administrative hearing.
If you have any questions, please contact Roger Wilburn, Principal Planner, or Dan
Evans, Planner, at (850) 922-1805.
Sincerely yours,
~
Charles Gauthier, AICP
Chief of Comprehensive Planning
CG/des
Enclosure: Notice ofIntent
cc: Mr. Tracy Hass, Director of Growth Management
Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF SEBASTIAN
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 04-2-NOI-3105-(A)-(1)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for
the City of Sebastian, adopted by Ordinance No. O-14-18 on September 22, 2004, IN COMPLIANCE,
pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted City of Sebastian Comprehensive Plan Amendment and the Department's Objections,
Recommendations and Comments Report, (if any), are available for public inspection Monday through
Friday, except for legal holidays, during normal business hours, atthe City of Sebastian, City Hall, Clerk's
Office, 1225 Main Street, SebaStSan, FL 32958.
Any affected person, as defined in Section 163.3184, F.S., has a tight to petition for an admin-
istrative hearing to challenge the proposed agency dctcmnmation that the Amendment to the City of
Sebastian Comprehensive Plan is In Compliance, as defined in Subsectaon 163.3184(1), F.S. The peti-
tion must be filed within twenty-one (21) days afar publication of this notice, and must include all of
the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed
with the Agency Clerk, Department of Commumty Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100, and a copy mailed or delivered to the loeal government. Failure to timely file a
petition shall constitute a waiver of any fight to request an admimstrative proceeding as a petitioner under
Sections 120.569 and 120.57, F.S. Ifa petition is filed, the purpose of the administrative hearing will be
to present evidence and testimony and forward a recommended order to the Department. If no petition is
filed, this Notice of Intent shall become final agency action.
If a petition is filed, other affected persons may petition for leave to intervene in the proceeding.
A petition for intervention must be filed at least twenty (20) days before the final henrin4 and must include
all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative Heanngs, Department of Management Services,
1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate in the administrative hearing.
ARer an administrative hearing petition is timely filed, mediation is available pursuant to Sub-
' ' ' .fili~ng .fl~.at.'ll~e cno~
Charles Ganthier, AICP ~x.
Chief of Comprehensive Planning
Division of Comunmity Plmnm~
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100