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HomeMy WebLinkAboutO-25-02 Day Drive RezoningORDINANCE NO.O-25-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA.) DESIGNATING A ZONING CLASSIFICATION OF RS-10 (RESIDENTIAL SINGLE-FAMILY) TO LAND WITH A CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE) FOR PROPERTY CONSISTING OF 3.96 ACRES, MORE OR LESS, LOCATED NORTH OF DAY DR, SOUTH OF SPRING VALLEY AVE, WEST OF ALEXIS ST AND SCHUMANN WATERWAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current owner of the subject property (consisting of 3.96 ac., more or less, located North of Day Drive, South of Spring Valley Avenue, West of Alexis Street and the Schumann Waterway, within the City of Sebastian) is St. Lucie Development Corp.; and WHEREAS, the Owner has filed a petition for an amendment to the Zoning Ordinance; and WHEREAS, the current zoning classification on the property is PS (Public Service) and the requested change by Owner is to rezone to RS-10 (Residential Single -Family); and WHEREAS, the Sebastian City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the Sebastian City Council has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its Staff and the City's Planning and Zoning Commission; and WHEREAS, the Sebastian 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 Attachment "A" Warranty Deed SECTION 2. REZONING. The real property described in Attachment "A" is hereby given a City zoning designation of RS-10 (Residential Single Family). SECTION 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in Attachment "A" and reflect its designated zoning district as RS-10 (Residential Single Family) in accordance with the requirements of Florida law. See Attachment "B " Zoning Map SECTION 4. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 5. 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 6. SEVERABILITY. 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 its second reading. SECTION 8. ADOPTION SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 26 day of February , 2025 and adopted on second/final reading at a regular meeting of the City Council on the 12 day of March , 2025.