HomeMy WebLinkAbout2004 05 26 - O-03-20 - AdoptedORDINANCE NO. O-03-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW
DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 6
UNITS PER ACRE (L-2) FOR LAND CONSISTING OF $6 ACRES, MORE OR
LESS, ADJACENT TO SEBASTIAN ELEMENTARY SCHOOL KNOWN AS
ASHBURY SUBDIVISION; 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 the Coy A. Clark
Company 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-2 (Low-Density
Residential, 6 units per acre) to a City designation of LDR (Low Density Residential); 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
WHEREAS, 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 Map, 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 amendment to the Comprehensive Plan
Future Land Use Map adopted by 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:
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.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) 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 unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not imend
to enact such invalid or unconstitutional provision. It shall further be assun~ed 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 moved~for passage upon first reading this 17th day of
December, 2003, by C~u~fc}l//member /~_{/7~ . The motion was seconded by
Councilmember ~ and, upon being put to a vote, the vote was as follows:
/
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Cotmcilmember Nathan McCollum
ATTEST:
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember t~ep t ins ta 11 . The
motion was seconded by Councilmember Monier and, upon being put to a vote,
the vote was as follows:
Mayor McCollum
Vice-Mayor Barczyk
Councilmember Monier
Councilmember conig lio
Councilmember Heptinstall
nay
nay
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 26th
., 2004.
CITY OF SEBASTIAN, FLORIDA
__ day of
ATTEST:
City Clerk
This ordinance was rescinded by Ordinance No. 0-04-18,
which readopted the Land Use Nlap Amendment contained
herein.
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attorney ~