HomeMy WebLinkAboutO-01-03ORDINANCE NO. O-01-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE
LAND USE MAP OF THE COMPREHENSIVE PLAN FOR LOT 17,
SECTION 30, AA BERRY SUBDIVISION CONSISTING OF 5.14
ACRES, MORE OR LESS, TO IN (INDUSTRIAL) FROM INS
(INSTITUTIONAL); AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of CNK, Inc,, for a
small scale amendment, to change the land use for certain property, as reflected on the
Future Land Use Map from INS (Institutional) to IN (Industrial); and
WHEREAS, the application qualifies as a small scale amendment under Florida
Statutes Section 163.3187(1)(c); and
WHEREAS, the City Council has considered the criteria identified in the Land
Development Code and Florida Statutes Section 163.3187(1)(c) 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 small scale
Plan Pdnendment and has conducted a final public hearing to receive citizen input; and
WHEREAS, the City Council has considered the applicable provisions of the
existing Comprehensive Land Use Plan together with the recommended findings of its
staff; and
WHEREAS, the City Council has determined that the proposed changes in the
City Comprehensive Land Use Plan, as set forth in the small scale amendment application,
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. QUALIFICATION AS SMALL SCALE AMENDMENT. The
application for a Comprehensive Plan amendment filed by CNK, lnc., qualifies as a small
scale amendment under Florida Statute Section 163.3187 (1) (c).
Section 2. 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:
Lot 17, Section 30, AA Berry Subdivision ~ Indian River County,
Florida, Tax Parcel ID # 21-30-38-00006-0170-00003.0
Containing 5.14 acres, more or less.
Section 3. DESIGNATION The Comprehensive Plan Future Land Use
Map shall be amended to IN (Industrial) £or the affected property as described above.
Section 4. NOTIFICATION. Within ten (10) working days after adoption
o£ the Plan Amendment, the City shall transmit five (5) copies o£ the Plan Amendments to
the Department of Community Affairs as provided in Florida Statutes Section
163.3187(1)(c)(2)(b) and 163.3184(7). The City shall also submit one copy to the
regional planning agency and to any other person or entity that has filed a written request
with the governing body for a copy of' the Plan Amendment.
Section 5. CONFLICT. All ordinances or parts o£ ordinances in conflict
herewith are hereby repealed.
Section 6. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part o£ this Ordinance is invalid or unconstitutional, the
remainder o£ 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
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 7. EFFECTIVE DATE. This Ordinance shall take effect following
its adoption and authentication by the signatures of the presiding officer and the Clerk of
the City Council within the time limits imposed by Florida Statute 163.3187(3)(c).
The foregoing Ordinance was moved for adoption by Councilmember
~,//~ . The motion was seconded by Councilmember
~']~~ and, upon being put to a vote, the vote was as follows:
J
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmernber James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this O,O/~--~day of
February, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
W Ty^.
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Str~'~er, city At~rney