HomeMy WebLinkAboutO-01-09ORDiNANCE NO. O-01-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN
WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE
INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY
RESH)ENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS LOW DENSITY
RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING
OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF
SECTION 18, TOWNSHH' 31, RANGE 39; AUTHORIZING FINDINGS
AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Brian Davis for 'an
amendment to designate an initial land use for certain property considered for annexation from its
existing County Future Land Use Map designation of L-2 (Low-Density Residential, 6 units per
acre) to MDR (Medium Density Residential) in the City; and
WHEREAS, the Cib/Council has considered the criteria identified in Section 20A-11.8(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 of the 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 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:
The ,West lA of the Northwest ¼ of Section 18, Township 31, Range 39
in Indian River County, Florida.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map
shall be amended to include and designate MDR (Medium Density Residential) 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 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs finding the amendment herein in compliance and annexation of the property into the
corporate limits of the City of Sebastian.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 11th day of
April, 2001, bY C°un~i[tm' emberH~/ -~)~ . The motion was seconded by
Councilmember J47'P[ and, upon being put to a vote, the vote was as
/
follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James A. Hill
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember Barczyk
The motion was seconded by Councilmember Ha j c he r and, upon being put to
a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James A. Hill
aye
absent
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 8 th
day of August ., 2001.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City AQorney
UPON REHEARING AND RECONSIDERATION
Upon direction of the State of Florida Department of Community Affairs, Ordinance
O-01-09 was readvertised for public hearing and reheard this 12t~ day of September, 2001,
following adoption of Ordinance O-01-21 amending the Comprehensive Plan to enact
school siting criteria, whereupon the following action was taken by City Council:
The foregoing Ordinance was again moved for adoption by Councilmembcr
Bishop The motion was seconded by Councilmember Hill 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 ab sen t:
Councilmember Edward J. Majcher, Jr. aye
Councilmember James A. Hill aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 12th day of
September, 200 I.
CITY OF SEBASTIAN, FLORIDA
AT~<~T:
:' ';_City Cler~ -- i_..2 ·.
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich gtiinger, Cit~ ~t o(o(o~ey