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HomeMy WebLinkAboutO-23-02 Hess Parcel FLUMORDINANCE NO.O-23-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF LDR (LOW DENSITY RESIDENTIAL) FOR LAND WITH A CURRENT INDIAN RIVER COUNTY LAND USE DESIGNATION OF R (RURAL RESIDENTIAL) FOR LAND CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABHdTY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public heating on January 19, 2023 of the Planning and Zoning Commission, sitting as the Local Planning Agency, a favorable recommendation was made for the adoption of the requested change to the Future Land Use map and the change was found to be consistent with the Comprehensive Plan. WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan 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 Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map, are consistent with the existing future development goals of the City of Sebastian; encourages the most appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within 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 (FLUM) adopted by 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 Exhibit "A"Property Warranty and Survey Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Low Density Residential (LDR) in accordance with the requirements of Florida law. See attached Exhibit "B"Future Land Use Map 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 final adoption at second 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. SEVERABH.ITY. 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. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Economic Opportunity or other final action finding the amendment herein in compliance. Section S. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the February 22, 2023 and adopted on second/final reading at a regular meeting of the City Council on the 12's of April, 2023. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 22nd day of February, 2023, by Council Member MCPardan. The motion was seconded by Council Member Dodd and, upon being put to a vote, the vote was as follows: Mayor Fred ]ones _aye_ Vice Mayor Christopher Nunn _aye_ Council Member Kelley Dixon _aye_ Council Member Ed Dodd _aye_ Council Member Bob MCPardan _aye_ ATTEST: LA 4114, r,, jtar�ycr*i am,6SIC Clerk ADOPTION The foregoing Ordinance was moved for adoption by Council Member Nunn . The motion was seconded by Council Member ,zones and, upon being put to a vote, the vote was as follows: Mayor Fred Jones aye Vice Mayor Christopher Nunn aye Council Member Kelley Dixon aye Council Member Ed Dodd aye Council Member Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 12" day of April, 2023. 04miallf i CG rufl C J,.Q2t a�.ra nette Wt hams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: o Fred Jones, Mayor Approved as to form and legality for Reliance by the City of Sebastian only: ew May Attorney This ordinance is effective the day of . 2023, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities.