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Home My WebLink AboutO-21-24 Rezoning Cross CreekORDINANCE NO.O-21-24 AN ORDINANCE OF THE CITY OF SEBASTIAN. FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF RS-10 — RESIDENTIAL SINGLE FAMILY WITH CURRENT ZONING DESIGNATIONS OF A-1 — AGRICULTURAL I FOR LAND CONSISTING OF 1958 ACRES, MORE OR LESS, KNOWN AS CROSS CREEK ADDITION; LOCATED AT THE S.E. INTERSECTION OF SHAKESPEARE ST. AND YEARLING TRAIL AND Y. MILE NORTH OF CP-510, SURROUNDED BY RESIDENTIAL AND VACANT PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer 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 WHEREAS, the City Council has made the following findings: A. The proposed use is compatible with adjacent land uses. B. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. C. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. D. 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. E. The proposed change in use will not result in any adverse impacts on the natural environment. F. 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. G. The proposed use will result in an orderly and local development pattern. H. The proposed use is not in conflict with the public interest of citizens of 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. PROPERTY. The change in zoning classification created by the adoption of 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 Fxhibrl "A"Property Wanwnty andSurvey Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a City zoning designation of Residential Single Family (RS-10). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in the attached Exhibit "A" and reflect its designated zoning district as Residential Single Family (RS- 10) in accordance with the requirements of Florida law. See attached Exhibit 'B"Zoning Map Section 4. CONFLICT. All ordinances or pans of ordinances in conflict herewith are hereby repealed Section S. SEVERABHdTY. In the event a court of competent jurisdiction shall determine that any pan 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 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 7. EFFECTIVE DATE. This Ordinance shall take effect 31 days after its adoption in concurience with Ordinance 0-21-23. Section 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 15th day of December, 2021 and adopted on second/final reading at a regular meeting of the City Council on the 9' day of February, 2022. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 15" day of December, 2021, by Councilmember Dodd . The motion was seconded by Councilmember Burr and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Ave Vice Mayor Fred Jones Aye Council Member Ed Dodd Aye Council Member Christopher Nunn Aye Council Member Bob MCPartlen Aye ATTEST: nelte William, MMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Council Member Nunn . The motion was seconded by Council Member Jones and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Fred ]ones aye Council Member Ed Dodd aye Council Member Christopher Nunn aye Council Member Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of February .2022. ATTEST: 'Je& to W. Ut.a-ynQ. ette Williams, MMC ity Clerk CITY OF SJimEBAS , FLORIDA By: Mayor Approved as to form and legality for Reliance by th City of S tian o Maw Anon r., City A[lo y 3120190042484 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDM N RIVER CO FL BK: 3224 PG: 21, 7/18/201910:05 AM D DOCTAX PD $1,400.00 EXHIBIT A ' AbbtlNb4Ymnb ]r mudh 7AmtY]�M] \�\v\ WARRANFYDEED �L TYb WiT]b LmdYwW� o].�irmMi]t )]�iu¢i1113].l.Obwa bnd otrCW]vm..N,]]abb�ea56�Y]WIM� .x OMYlmt]C.Tm1LYA]]JNOmmq'..Ym Wab tl4elc)Wlid P1R U71IIIJmbsY m0abyu6 1t7TNBS8ETR: TYWpm.bwbatlrmmrrsa]Tm4CUL WawtlYY.Oe,IGYb4bbp bJa,W Y WmI✓+Ram..114 �Y{.Y.]W.am.®rLm,YY®,P blsSm,rbYbwytlw�YN VNCID.1: m6a6.m W ar AMLa IHaM6eawt W a].Ea M.M.bY]I OYgtyMb{ YbGL.µsOmtry, qul► •tID ]M®.Y BgImIyOMlba.LLmrarlhr,bwaY W9ma W rrfeYwn W affi]q T..Yy)I ]ad.Y4m rgpmN.b.eYaarlmwmrlamwm�awtlmaalW Iw,LmbmwYlre.Y]. bmuA.Mr a�wsb'1f0�rpbrL�iCtlsaWWY�ietWa�uelb�alMa4fo�Y+U�i:Yvbm 4ti.Y Y1a 16m Maim] AYlaldr.Y{ Yb W Y'IgmpYb(bwlb]gTO.MYII FW rs]]Y[k Y.bYbvdYy. M1YY Am] vurn.]: mxa.mwrrxmb.r War Yre.r Wrffi]o.T mmYYmmsaRaawbr WarYY] rbu.cY.o,q.wmel�.e)mv�ewoTlmmuevwa .rsm.voarwb.aWar ]sarwrrrameixaffi)YTvmY¢TfeqYbm )9�,m]Ym.BwYatmwbY4,Omt�r Wb11Wmi Yrt l4rnmOmb MHmtT.Pm MY.]tlb�- "dY4m N,rWVI.MI[bmbio.NYl. GNm.rlm Y,[ oo,metl.owarue Yxa®®br.iws rvewmr ba r rm]Yi4.m ixr )be.v waYiaYm W:w.w.er®amwrrueaYy.kYYwwnvamb.rmr ]N pgp'Y ubhmbsl ab a�Y) ]'OGCIffi.M a r Y®b M,a,mm b. q^e 6.®trbe{ W m b q.Y mpNYYI. To Rbveandro Hold,bbbYrb bw AudY�Y,m]bbA.rbWpmiw YpmYY.YMblslabllYtlbibepY. wY.mwpGXp m1YVYbr.ideYbwwgmbYM. M4piu Ym)by.mmbYiYbmYYetbl.ti YlYmi./ WtY wLebvrapv.Ym,r. tlY,vNbYYwram�.mu,�mlMsm4{lampwb.,r„r> imvbr�bmelWa,meM1Yp. (r,my 1^rv.i.rf YWWYVbmbbfW.IPM.Naiwr.bmmbauwYM ) R] Y/1'If.`L44 N'®IHDI.orus)..seapmM1wed..rgw].vrmvwwlea ]I64]mNmdtYBmaewn� //{�/J ow v.w,]p.. lb,twm ��1 (/�YYrmb4.Ymam)b+b wmrlew yy mb.mYYms�.r=.'.aMbaesw lUwa�._bYm.wreba. w.em]s:acrYTYsr.wsi]slwm.ob...r.,..w ]vb va pmq' m.m b e:..Ye wY. Nd m.. Y®,yi.lmmmlm F1Yft a" dNlv%b]Y .e]�'omWmw fte No. Oloom0Dy4�, QmO1dCa+Y1Mw.[] , OINw f D=Si9n Envelope ID: W2Fa88AFE0 6B3.98D8-W98DFD4DCEF L" ( City of Sebastian Planning and Zoning 32Z Main St Sebastian, FL32958 RE: 1820 Shakespeare St, Sebastian, FL 32958 PID: 31393000000500000003.0 Annexation Request To Whom It May Concern: I hereby give authorization to Dr HenryA Fischer to be my representative to the City of Sebastian to have the above parcel annexed Into the City of Sebastian. Sincerely, �m�q ,1/aw,Ls N t�tllSFafl.�.ia 3/30/2021 a cchia CDAlllence LLG President 2420 LipIman Dr Austin, TX 78732 mur SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Maetina Date: February 9, 2022 Agenda Item Title: Ordinance 0-21-24 — Second Reading - Request for Rezoning — Cross Creek Addition Recommendation: Approve Ordinance 0-21-24 on second reading Backaround: On December 15a' 2021, Council held the First Reading of Ordinance 0-21.24. The subject property consists of 19.58 acres, more or less, located at the south east intersection of Shakespeare St. and Yearling Trail, Ymile north of CR510. The property is surrounded by existing residential and vacant residential land uses. The property is currently vacant. The subject property is located within an enclave of unincorporated Indian River County, surrounded on three sides and contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure. Current land use and zoning in the County is R-Rural and A-1. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans simultaneously with the annexation of property. The properties zoning amendment proposal is for RS-10-Residential Single Family which is compatible with the existing adjacent Cross Creek Lake Estates development. The applicant does not have a proposed site development plan for the subject property at this time. However, it has been presented that this property, as well as the 20 acres adjacent to the east, are proposed to become part of the existing platted development. If Aaenda Item Reoulres Exoenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: I. Ordinance 0-21-24 2. Rezone Application and supporting documents Administrative Services Depar a Revi- U City Attorney Review:. ,1 Procurement Division Re ew, if'wpl"'ble: City Manager Authorization: Dale: ,2/7/11 -