HomeMy WebLinkAboutO-01-22ORDINANCE NO. 0-01-22
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING
LOTS 16, 27 & 28, SECTION 30, OF FLEMiNG GRANT, CONTAINING
14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL);
PROVIDING FOR CONFLICT AND EFFECTIVE DATE.
WHEREAS, the C.N.K, Inc., has filed a petition for an amendment to the Zoning Map
Ordinance; and
WHEREAS, the City Council has provided notice of the proposed zoning change and
conducted a public hearing to receive citizen input; and
WHEREAS, the City Council of the City of Sebastian, Florida, has considered the
criteria identified in the Land Development Code together with the findings and
recommendations of its staff and the Planning and Zoning Commission; and
WHEREAS, the City Council as made the following findings:
A. The proposed use is consistent with the goals, objectives and other elements of the
Comprehensive Land Use Plan.
B. The proposed use is in conformity with the substantive requirements of the City of
Sebastian Code of Ordinances, particularly the Land Development Code.
C. The proposed use is not in conflict with the public interest of the citizens of the City of
Sebastian.
D. The proposed use is compatible with adjacent land uses.
E. Adequate public facilities and services exist in the City to serve the proposed use and the
demand for such use will not exceed the capacity for such services and facilities.
F. The proposed change in use will not result in any adverse impacts on the natural
environment.
G. The proposed use 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.
H. The proposed use will result in an orderly and local development pattern.
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:
LOtS 16, 27 and 28, Section 30, of the Fleming Grant,
according to the plat thereof filed in Plat Book 1,
Pages 72 and 73, Public Records of Brevard County, said
lands now lying and being in Indian River County,
Florida;
Containing 14.85 acres more or less.
Section 2. DISTRICT. The real property described in this Ordinance is hereby
rezoned from RE-40 to IN (Industrial).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to reflect
this change in zoning district.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 5. EFFECTIVE DATE. Following its adoption and authentication by the
signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become
effective one day following the effective date of Ordinance 0-00-05,
At the public hearing of September 12, 2001, Councilmember Hill made a motion to reject the
foregoing Ordinance. The motion was seconded by Councilmember Bishop 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 {absent}
Councilmember Edward J. Majcher, Jr. aye
Councilmember James Hill aye
Following numerous procedural actions thereupon, the Ordinance was subsequently
reconsidered at the meeting of February 27, 2002 and upon rehearing at that time, the foregoing
Ordinance was moved for adoption by Councilmember Coniglio. The motion was seconded by
Councilmember Majcher and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes aye
Councilmember Joe Barczyk aye
Councilmember Edward J. Majcher, Jr. aye
Councilmember James Hill nay
Councilmember Ray Coniglio aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 27th day of February,
2002.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. l~io, CMC
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian:
Rich Stringer, City Attorney