HomeMy WebLinkAbout2004 06 02 - O-03-16 SignedORDINANCE NO. O-03-16
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 RESIDENTIAL, 1 UNIT PER ACRE
(R) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED
ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS
CROSS CREEK 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 Henry A. Fischer 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 R (Residential, 1 unit 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 Usc 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 South ½ of the Northwest ¼ of Section 30, Township 31 South, Range 39
East, Indian River County, Florida;
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.
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 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
· . · · th f
The foregoing Ordmanee was moved for pas, sage upon first wading this 17 day o
December, 2003, by Co, uncilmember'-~ ~ . 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
Councilmember Nathan McCollum
ATTEST:
Sally A. M)~i6, C
City Clerl~
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember Monier . The
motion was seconded by Councilmember Conig lio and, upon being put to a vote,
the vote was as follows:
Mayor McCollum
Vice-Mayor Barczyk
Councilmember Heptinstall
Councilmember Monier
Councilmember coniglio
aye
aye
aye
aye
a~re
The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of
June , 200~4.
CITY OF SEBASTIAN, FLORIDA
Mayor
ATTEST:
Sally A. ~6o, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
This ordinance was rescinded by Ordinance No. 0-04-18,
which readopted the Land Use Map Amendment contained
herein,
City Attomey