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Home My WebLink AboutO-00-05 ORDINANCE NO. 0-00-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRA TIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application ofthe C. N. K., Inc., for an amendment to change the land use for certain property, as reflected on the Future Land Use Map from LD (Low-Density Residential) to IN (Industrial Use); and WHEREAS, the City Council has considered the criteria identified in Section 20A- II.S(c) of the Land Development Code 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 ofthe proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals 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. AFFECTED PROPERTY. The small scale 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: Lots 16, 27 and 28, Section 30, Fleming Grant, (as subdivided by he Carter Survey as recorded in filed in Plat Book 2 Page 11 of the Public Records of Brevard County, Florida, and A.A. Berry's Plat as recorded in filed in Plat Book 2 Page 25 of the Public Records of Brevard County, Florida). Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to IN (Industrial Use) for the affected property as described in Section 1, above. 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 passage at first 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. 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 City Council ofthe City of Sebastian 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. EFFECTIVE DATE. This Ordinance shall take effect upon issuance of a Notice of Intent by the Florida Department of Community Affairs finding the amendment herein in compliance. PASSAGE UPON FIRST READING o?ltR3/~OOO The foregoing Ordinance was moved for passage upon first reading by Councilmember \.6u lfjJL . The motion was seconded by Councilmember &A...IL\ and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward]. Majcher, Jr. ATTEST: ADOPTION ~~/ egoing Ordinance was moved for adoption by Councilmember Mayor Chuck Neuberger Councilmember Joe B yk Councilmember ter Barnes Council er Ben A. Bishop C tlmember Edward 1. Majcher, Jr. See next page - change of City Council members pursuant to March 2000 and 2001 elections. '~ -, ADOPTION The foregoing Ordinance was moved for adoption by Councilmember Majcher The motion was seconded by Councilmember Barczyk and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes ~ye Vice-Mayor Ben A. Bishop na Y Councilmember Joe Barczyk aye Councilmember Edward 1. Majcher, Jr. aye Councilmember James Hill nay The Mayor thereupon declared this Ordinance duly passed and adopted this 11 t h day of July , 2001. CITY OF SEBASTIAN, FLORIDA By: [IV ~ t~ Walter Barnes, Mayor ATTEST: S;:~O'YJJ~ Sally A. alO, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: UPON REHEARING AND RECONSIDERATION Upon direction of the State of Florida Department of Community Affairs, Ordinance 0- 00-05 was readvertised for public hearing and reheard on September 12, 2001, following adoption of Ordinance 0-01-21 amending the Comprehensive Plan to enact school siting criteria, whereupon the following action was taken by City Council: The foregoing Ordinance was moved for denial by Councilmember Hill. The motion was seconded by Councilmember Bishop and upon being put to a vote, the vote was as follows: Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill Mayor Walter Barnes Councilmember Ben Bishop Council member Joe Barczyk -nay -aye -aye -aye -absent The Mayor thereupon declared this Ordinance denied. ATTEST: C ~~&?'JiJ- Sally A. 10, CMC ..... UPON SUBSEQUENT AND FINAL REHEARING By a 3 - 2 vote on September 26, 200 I, upon a Motion to Reconsider the action of September 12, 2001, made by Mayor Barnes, second by Councilmember Barczyk, with the vote as follows: Mayor Walter Barnes aye Vice-Mayor Ben A. Bishop nay Councilmember Joe Barczyk aye Councilmember Edward 1. Majcher, Jr. aye Councilmember James A. Hill nay the City Council voted to Reconsider this matter and scheduled a public hearing for October 24, 2001. At the October 24, 2001, hearing a Motion to Approve the Ordinance upon reconsideration, made by Council member Majcher and seconded by Councilmember Barczyk, failed by a 2 - 3 vote with the vote as follows: Mayor Walter Barnes nay Councilmember Joe Barczyk aye Councilmember Edward 1. Majcher, Jr. aye Councilmember James A. Hill nay Councilmember Ray Coniglio nay At the following meeting of November 14, 2001, Mayor Barnes, seconded by Councilmember Coniglio, made a Motion to Suspend the Rules to allow a Motion to Reconsider the October 24, 2001, vote upon the Motion to Approve the Ordinance upon reconsideration. Said Motion passed by a 4 - 1 vote with Councilmember Hill dissenting. Thereafter, upon a Motion to Reconsider the October 24, 2001, action upon the Motion to Approve the Ordinance upon reconsideration, with the vote as follows: Mayor Walter Barnes aye Councilmember Joe Barczyk aye Councilmember Edward 1. Majcher, Jr. aye Councilmember James A. Hill nay Councilmember Ray Coniglio aye a public hearing was scheduled for February 27, 2002, to reconsider adoption of Ordinance 0-00-05. Following public hearing on February 27, 2002, the foregoing Ordinance was again moved for adoption by Councilmember Majcher. The motion was seconded by Councilmember Barczyk and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice-Mayor Ben A. Bishop aye Councilmember Joe Barczyk aye Councilmember Edward 1. Majcher, Jr. aye Councilmember James A. Hill nay The Mayor thereupon declared this Ordinance duly passed and adopted this 27th day of February, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W~ t~ Mayor Walter Barnes Sally A. aio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: /~ L, ~~\, Rich Stringer, City Attar