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Home My WebLink AboutO-24-02 Old PW ZoningORDINANCE NO.O-24-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) FROM THE CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE), FOR LAND CONSISTING OF 4.13 ACRES, MORE OR LESS, KNOWN AS THE OLD PUBLIC WORKS COMPOUND; LOCATED NORTH OF SEBASTIAN BOULEVARD, SOUTH AND EAST OF ORANGE HEIGHTS SUBDIVISION, AND WEST OF AMERICAN LEGION POST 189; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Owner, the City of Sebastian owns certain real property (approximately 4.13 acres) known as the "Old Public Works Compound" located north of Sebastian Boulevard, south and east of Orange Heights Subdivision and west of American Legion Post 189; and WHEREAS, the current zoning classification on the property is PS (Public Service); and WHEREAS, Owner has filed a petition for amendment to the Zoning Ordinance in order to change the current zoning classification on the property to CG (Commercial General); 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 rezoning is compatible with the adjacent area. B. The proposed rezoning is consistent with the goals, objectives and other elements of the Comprehensive Plan. C. The proposed rezoning 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 rezoning and will not exceed the capacity for such services and facilities. E. The proposed change in zoning will not result in any adverse impacts on the natural environment. F. The proposed change in zoning 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 change in zoning will result in an orderly and local development pattern. H. The proposed change in zoning is not in conflict with the public interest of the citizens 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. 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 Exhibit "A " Property Survey SECTION 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a City zoning designation of Commercial General (CG). 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 Commercial General (CG) in accordance with the requirements of Florida law. See attached Exhibit "B " Zoning Map SECTION 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILTTY. In the event a court of competent jurisdiction shall 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 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 after 2Rd reading. SECTION 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 14d' day of February, 2024 and adopted on second/final reading at a regular meeting of the City Council on the 28`h day of February, 2024. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 14d' day of February, 2024, by Councilmember Nunn The motion was seconded by Councilmember Dixon and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan ADOPTION ave aye aye aye aye ATTEST: �YUL.�A.C. W�(�ML�J anette Williams, MMC City Clerk The foregoing Ordinance was moved for adoption by Council Member Nunn . The motion was seconded by Council Member Dixon and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Kelly Dixon aye Council Member Fred Jones aye Council Member Christopher Nunn aye Council Member Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of February 2024. ATTEST: anette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA---- By: _ Ed Dodd, Mayor Approved as to form and legality3'or = - - Reliance by the City of Sebastian only: 6 w)4 fifer Cockcroft, Esq., City Attorney Exhibit A SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" :!Cr THE BA95 OF BEARING FOR INS SURVEY IS S8925.41% ALONG THE SOUTH LINE OF SEC. 6-T31S-R30E AAMEMEM- PS - PUT BOOK C.R. - COUNTY ROAD R - XGHT OF RAY P..B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT t - CENTEILK OtAT@ BOAR w • c w Hp PROJ.# 23-046 ege \ p tltl \ BB B4 • tax a mDm � (aRa IDpA TO. eni0 ■.Ira,I � �Ot, , •� �'IRL j . I ye. tlnx' � mmriYHlmar I�I[fEN{C 1 3061QR1• alloVs \p! -,ram am 1I --E---Imuotwer--:��---C-- A aTr caB 30EG, Pa WATT P M_ERIDIAN TH15 WCETCH OF DE5ppPTIOW ARE NOT VµID VOTHOIR /JIR\ LAND BURVE!YOFM SHEETS 1-3, THE 94NAN AND THE ORIGINAL RAISED 171771N ANIrMlL 0.SUITE 201 SEAL OF THE FLORIDA ROASTMED SURLEYN AND YAWER NANED HEREON WHICH SIGNATURE AND SEAL MAY BE PHON&i7L7941R1 PAX i7b79A-1�6 FOUND AT TINE END OF THE ATTACHED R 7. THE RAT •; AND REPORT ARE NOT FLILL AND CONPLEIE WITHOUT ONE \ ANOTHER. � _. _ -WET-1 1 OF 3 SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" PROJ.# 23--046 • SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD. INC. LB.#8905 d.b.c. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32980 * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.m# 5336 LEGAL DESCRIPTION FIR NE COR OF NW1/4, RUN W ALONG N BDRY 300.4 FT TO POB; S 146.55 FT TO CL OF ST RD 512; SKY 90 FT; NWLY TO PT WHICH IS 113 FT W OF POB; RUN E ALONG N UNE SEC 7 TO POB AS R BK 88 PP 60 LESS RD R/W (OR BK 428 PP 330) MIRIT 2 7.5 A IN SW 1/4, D SK 3, PP 279 LESS E 2885 FT OF S 433 FT THEREOF do LESS N 267.25 AS MEASURED ALONG RR R/W AS PER OR BK 708 PP 819 ALSO LESS AND EXCEPTING THE FOLLOWING: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN NOCM2'40"E, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6, THE SAME BEING THE CENTERLINE OF LOUISIANA AVENUE, FOR A DISTANCE OF 432-49 FEET TO A POINT; THENCE DEPARTING SAID EAST LINE, RUN S89'25'41"W FOR A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF LOUISIANA AVENUE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; FROM SAID POINT OF BEGINNING, CONTINUE S89'25'41"W FOR DISTANCE OF 260.40 FEET TO A POINT; THENCE RUN S0012'40"W FOR A DISTANCE OF 115.92 FEET TO A POINT; THENCE RUN N89'47'2D°W FOR A DISTANCE OF 92.95 FEET TO A POINT; THENCE RUN N0012'40"E FOR A DISTANCE OF 114.65 FEET TO A POINT; THENCE RUN S89'25'41"W FOR A DISTANCE OF 69.59 FEET TO A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF COUNTY ROAD 512; THENCE RUN N3814'590E, ALONG SAID SOUTHEAST RIGHT OF WAY LINE, FOR A DISTANCE OF 77.54 FEET TO A POINT; THENCE DEPART SAID SOUTHEAST RIGHT OF WAY LINE AND RUN N8975918"E FOR A DISTANCE OF 375.13 FEET TO A POINT ON THE WEST FIGHT OF WAY LINE OF LOUISIANA AVENUE; THENCE RUN S0012'40"W FOR A DISTANCE OF 56.75 FEET TO THE POINT OF BEGINNING. A.K.A (DESCRIPTION BY SURVEYOR) A PARCEL OF LAND LYING IN SECTION 6 AND SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER, FLORIDA. AND BONG MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 6, RUN S89'25'41"W, ALONG THE SOUTH LINE OF SAID SECTION 6, FOR A DISTANCE OF 300.40 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; FROM THE POINT OF BEGINNING, DEPART THE SOUTH LINE OF SAID SECTION 6 AND RUN S00'12'40"W FOR A DISTANCE OF 102.66 FEET TO A POINT ON THE NORTHWEST RIGHT OF WAY MERIDIAN THIS SWCH OF DESCRIPTION ARE NOT VAUD WITHOUT LAND SURVEYCM SHEETS 1-3. THE SIGNATURE AND THE ORIGINAL RAISED 1717MANRIM144VASU1TB201 SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER Q�nA,.t, �0�D NAMED HEREON WICH SIGNATURE AND SEAL MAY BE PE VB 772�"794' 13 FAR:77z-794-109b �D AT THE END OF THE A1TACHED REPORT. THE PUTT NM 7n. ,,,�13. �s.�� AND REPORT ARE NOT FULL AND COMPLETE 1MTHOU7 ORE +�'�' ANOTHER. 54Ef 2 CI J SMETCH OF LEGAZ DESCRIPTION EXHIBIT "A" " SKETCH OF DESCRIPTION — HOT A FIELD BOUNDARY SURVEY FROJ.# 23-048 * THIS SURVEY PERFORMED BY HOUSTON, SCHULKE, BITILE do STODDARD, INC. L846905 db.a MERIDIAN LAND SURVEYORS M7 IMAN RIVER BOULEVARD. SUITE 201 VERO BEACH, FLORIDA 32060 PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE BILLY M. MOODY P.S.M.# 5336 RIGHT OF WAY LINE OF STATE ROAD 512 (EASTBOUND); THENCE RUN S49'02'28'W, ALONG SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 100.71 FEET TO A POINT; THENCE DEPART SAID RIGHT OF WAY LINE AND RUN N12`18'35'W FOR A DISTANCE OF 171.49 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION $; THENCE RUN S89'25'41'W FOR A DISTANCE OF 392.04 FEET TO A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF STATE ROAD 512 (WESTBOUND); THENCE RUN N3814'59"E, ALONG SAID SOUTHEAST RIGHT OF WAY LINE FOR A DISTANCE OF 555.77 FEET TO A POINT; THENCE DEPART SAID SOUTHEAST RIGHT OF WAY LINE AND RUN N8925'41 "E FOR A DISTANCE OF 69.59 FEET TO A POINT; THENCE RUN S00122040'W FOR A. DISTANCE OF 114.65 FEET TO A POINT; THENCE RUN S89'47'2wE• FOR A DISTANCE OF 92.95 FEET TO A POINT; THENCE RUN S00lf4O'W FOR A DISTANCE OF 317.12 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 3.63 ACRES (1579112 SQ./FT.) MORE OR LESS. MERIDIAN LAND SURVEYCM I 'U.] 1717DWSRIVBR13m. SU1Z8201 vie, r s�oxs=41 P1;rdAm:??5-794- PAX:77�744-1096 MAIL. 'Lamm na TRS svimof.DEscapnon is tD WRHDurT►Z BitiNA7l iH1D N�II RA EAL OF THE FLordDA uCL'xqEpst :, ® Bsaw BILLY M. MOODY P.6.M. #"Be SNEV 3 OF 3 Exhibit B CROF HOME OF PELICAN ISLAND Map is not to scale • for Illustrative purposes only, not to be construed as binding or as a survey. I I I I I i I I I I I I I 1 _ PINEAPPLE 5T. i-1 R-MH-- KING ST TANGELO ST ^ �' —TTl "LAMONDIN'ST ,q SyeG\ 6 � O I r VETERANS MEMORIAL Subject Property Zoning Map Subject Property: Former City Public Works Compound 100 Veterans Memorial Way, Sebastian, FL 32958 PS County BCC, Stan Current Zoning Classification: Proposed Zoning Classlfioatlon: PS - Public Service CG - Commercial General