HomeMy WebLinkAbout0-25-01 Day Drive FLUMORDINANCE NO.O-25-01
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 LOW DENSITY
RESIDENTIAL (LDR) FOR LAND WITH A CURRENT LAND USE
DESIGNATION OF INSTITUTIONAL (INST) FOR PROPERTY
CONSISTING OF 3.96 ACRES, MORE OR LESS, LOCATED
NORTH OF DAY DRIVE, SOUTH OF SPRING VALLEY AVE,
WEST OF ALEXIS ST AND EAST OF SCHUMANN WATERWAY.
AUTHORIZING. FINDINGS AND ADMINISTRATIVE ACTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING AN EFFECTIVE DATE AND PROVIDING AN
ADOPTION SCHEDULE.
WHEREAS, after careful review and a public hearing on January 16, 2025, the Planning
and Zoning Commission, sitting as the Local Planning Agency of the City of Sebastian, a favorable
recommendation was made for the adoption of the requested change to the Future Land Use Map
(FLUM) and the change was found to be consistent with the Comprehensive Plan; and
WHEREAS, the Sebastian 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 City of Sebastian Planning and Zoning Commission; and
WHEREAS, the Sebastian 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 Sebastian 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 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. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
Section 4. 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 Sebastian City Council did
not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the
Sebastian 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 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. EFFECTIVE DATE. Pursuant to Florida Statutes § 163.3187(5)(c), this
Ordinance shall take effect thirty-one (31) days from the date of adoption.
Section 7. ADOPTION SCHEDULE. That this Ordinance was passed on the first
reading at a regular meeting of the Sebastian 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 19 day
of marc_.-.h , 2025.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 26 day of February,
2025, by Councilmember Jones The motion was seconded by Councilmember
Dodd and, upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan
aye
Vice Mayor Fred Jones
aye
Councilmember Kelly Dixon
aye
Councilmember Ed Dodd
aye
Councilmember Christopher Nunn
ave