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Home My WebLink AboutO-85-15 .flY K~VL~~U A~ An~nu~u un D/LO/D~: e e e r ORDINANCE NO. 0-8S-/5' AN ORDINANCE Of THE CITY OF SEBASTIAN. FLORIDA, PROVIDING fOR A COMPREHENSIVE AMENDMENT TO THE CITY'S ZONING MAP BY CONVERTING THE ZONING RESIDENTIAL DISTRICTS DEPICTED ON THE EXISTING MAP TO NEW DISTRICTS PROVIDED fOR IN ARTICLE I II OF CHAPTER 20A Of THE CODE OF LAWS AND ORDINANCES FOR THE CITY OF SEBASTIAN, FLORIDA. I N ACCORDANCE WITH HIE CITY'S COMPRE- HENSIVE LAND USE PLAN; PROVIDING fOR EXCEPTIONS TO THE CONVERSION TABLE; AND PROVIDING fOR CODIFICATION. SEVERABILITY. REPEAL OF CONfLICTING PROVI SIONS; AND EffEC... TIVE DATE. 't WHEREAS, the City Council of the City of Sebastian, florida has adopted a Comprehens he land Use Plan, Ord1 nance No. ",.8/-:Z( pursuant to flor1dll StAtute 163; and WHEREAS. Florida Statute 163 !'equ1 res that a 11 future development. be: consistent with the County's adopteij e~nprehens1ve land Use Plan. and WHEREAS, the exhting' 10n1ng of many areas within the CHy ire not 1n confonmance w1th the C1ty's adopted Comprehensive Land Use Plan. and WHEREAS, a table has been prepared to convert the exist1ng lon1ng distr1cts depicted on the loning map to the new zoning districts; and J WHEREAS, certa1n exceptions to' the general conversions are necessary to , correct 1ncons1stencles with the City's adopted CORlprehens1ve Land Use Pllln and implement new 20n1ng districts which do not correspond with the dens.1ty or intensity of existing zoning districts. and WHEREAS, the Council has held two public hearings on the proposed "mend- ments; and WHEREAS, the Cou",;l1 finds and determ1nes that the adopt1on of the Amend.. ment is in the best interest of the City of Sebastian; NOW, THEREFORE, BE IT ORDAINED B-V THE COUNCIL Of THE CITY OF SEBASTIAN, FLORIDA: SECTION I All propert1es ly1ng within the corporate limits of the City of SebCAit14n, Flor1da, whh;h have any of the old "zoning ~1str1ct" c1aulficotions 1 hted in thu below table, are htlreby rezoned to the correspond1ng "new lon1ng district" class1f1cations 115ted below U determined by reference in such table to the ex ht109 land use des 19n4t ion for such properties. Appropriate and necesury revisions to the CHy's zoning map to reflect such rezoolngs are hereby au- thorized and approved. R-1 R-l R..2 R-2 R-2 R-1M C-l C-2 C-2 C-2 M..1 Zonin9 District Conversion T~b1! land Use Oes1gndtion LD INS MD INS COR- New Zoning District Old Zoning District , r CL CG CW INS IND RS-lO PS RM..8 PS COR It-I1H CL CG GMC PS IN HH -1.. " . e e SECT ION II Notwithstanding, anything to the contrary 1n Section I, the following specH- 1cally identified properties are ~ereby rezoned from their existing "old lon1ng distrlctll ch5i1f1cation to the 11new zon1ng district" class1ficClt10ns l15ted below for each such property. The Counc11 determines that iach such rezon1ng 1s consistent with the Comprehensive Plan, and appropriate changes are hereby lluthor1zed and approved to reflect such rezonings. Old New Zoning Zoning Propert~ Description Distr1ct District 1. The south 75 feet of Lot 5 and Lots 6 & 7 of Block 1, INDIAN RIVER HILLS subdlvl51on. R..2 CRR 2. That property abutting the southern boundary of Lot 10 of Block 1. INDIAN RIVER HILLS sub- division. running south 152.9 feet along U.S. Highway 11, thence running east 200 feet, thence runn1ng north 315 feet. along Riverside Avenue, thence runnl~9 west 205 fee~ C-1 CRR 3. (DELETED) 4. Blocks 185. 186. and 187. Unit 8; Blocks 188 and 189. Unit 6; Blocks 485, 490 and 492, Unit 12; Block 508. Units 12 and 15. and 8lock 509, Un1t 15 SEBASTIAN HIGHLANDS subdivision. C-1 CL-512 5. lots 2, 3, 4. 5. 6, 7, 8. 9, 10. 11, 12, and 13, Block 605 and Lots 7.8.9, 10, 11. 12. 13, and 14, Block 604, within SEBASTIAN HIGHLANDS subdivision. R-1 RM-8 6. lots 1, 2, 3. 4. and 51 8lock 611, SEBASTIAN HIGHLANDS subdivision. R-2 RS-IO 7. That parcel of land located in the north- west corner of Section 17. TownShip 31 south, range 39 east, known as "fischer's Corner". R-l COR 8. The east. and northwest. of the north- west quarter of Section 23, Township 31 south, range 39 east; and the south quarter of Section 14, Township 31 south, range 39 east. less those parcels of land lying east of the Sebastian Water Management District flood plain eosement and west of the SAN SEBASTIAN SPRINGS subdivision. R..l RS-20 9. Lots 1, 2. 3,4, 11. 12, 13, dnd 14, Block 1 I~DIAN RIVER HILLS subdivision. C-2 Cl 10. That parcel of land lying east of the FEC railway, west of U.S. thghway 11. and running south of 9th street 1550 feet along U.S. High- way 11. C-1 CG 11. POINT-O-WOODS subdivision, located in Section 28, Fleming Grant. R-l RS-20 12. The S.L ! of the S.W. t of Section 18. Township 31 S., Range 39 E. and the N.E. ! -2- ... . e e .' . ' of the N.W. ! of Section 18, Township 31 S., Ran~e 39 E., known as Sebastian Greens. R-2 RS-lO 13. SOUTH-MOON-UNDER subdivision, located in the S.W. ! of the S.E. !, Section 7, Township 31 S., Range 39 E. R-l RS...20 14. ROSELAND ACRES subdivision, located in Section 23, Township 31 south, Range RE..40 38 Bist. R-l 15. Those parcels of land beginning at the intersection of Main Street and the FEC Ra11way thence running south along the fEC Ral1way approximQt~ly 1150 feet, thence running west 108 feet to the loUls iilna Avenue r19ht-of~waf' thence runn1ng north approximately 180 feet to the point of beginning. Cool, C..2 IN 16. Those parce15 of land located in Sections 22, 28, and 29 flwh1ng Grant AI known as the airport. R..l 17. Those parcels of located in the S.E. ! of Sect10n 28, f'lelJling Grant and the RS...20 S.W. . of Se,t1on 29, f1eming Grant. M-l 18. Those parcels of land located in the N.W. . of the S.t. !, Section 20 and the North 375 feet of the S,W, ! of the S.E. !. Section 20, Township County M-1 ;H~~J Range. 39 E. County A R..MH r-" 19. ( DELE'l'ED) 20. Those recently annexed parcelS of land lying North of Old Dixie Highway, east of the fEC right-of-way clnd west of U.S. H1ghwcl.Y 1. County C..l IN and COR -3- '" ... ; .. . ~ It< e e e SECTION 3 INCORPORATION IN CODE The provls1ons of this ordlnance shall be lncorporated lnto the City Code and th~ word "ordlnanc;:e"may be chcange4 to Ilsectlon", "Article", or other approprlate word, and the sectlons of this ordlnance may be renumbered, reserved or relet- tered to accomplish such 1ntentlons. SECTION 4 SEVERABILITY If an.,y sect10n, part of i sentence, paragraph, phrase or word of thh ordinance is for any reason held to be unconstltutional, lnoperat1ve or vold, such hold- lngs shall not affect the rema1ning port1ons hereof and lt shall be construed to have been the leglslAtive intent t~~p~s this ord1nance w1thout such unconstitu. tional, lnvalid or inoperative part. SECT JON 5 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the City Councll of the City of Sebastian, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECT ION 6 EFfECTIVE DATE . The provisions of this ordinance shall become effective upon final passage. _..-.....~ I HEREBY CERTIfY that the foregqing Ordinance was f1nally passed by the City Councll of the C1ty of Sebastian, florida, on the /J~ date Of/~ 19B5. . ~ 2-~~~7~ Mayor ...~..... ....' 0.,.,. ~ ~ ., ',- ATTESl;~ -_ , n-? (b (/. L1I:~~-J) . ~A-A~t<At-/ C 1 ty , Cl~J\ -' ' I HEREBY CERTIFY that the Notice of Public Heariny Qf the foregoing Ordl- nonce was glven in accordance with Section 166.041 of the Florida Statutes, that said pUblic hearing was held in the City Hall of the City of Sebast1an, Florida, at 1:pt>{)f. on the J.,ff{ day of Au ?vsr: 1985, and that the foreyoing Ordinance was duly passed and adopted by the CHy Councl1 of the City of Sebclstian, Florida, on the /It?r day of SE.PTeI10el(, 1985. (\ // ( " L~~ (}.~ -4- .K~V.L;).r.U A;) An.r.nu.r.u un O/LO/OJ: e ORDINANCE NO. 0-8S-/b .. ;fly ... . AN ORDINANCE OF THE CITY OF SEBASTIAN. FLORIDA. PROVIDING FOR A COMPREHENSIVE AMENDMENT TO THE CITY'S ZONING MAP BY CONVERTING THE ZONING RESIDENTIAL DISTRICTS DEPICTED ON THE EXISTING MAP TO NEW DISTRICTS PROVIDED FOR IN ARTICLE III OF CHAPTER 20A OF THE CODE Of LAWS AND ORDINANCES FOR THE CITY Of SEBASTIAN, FLORIDA. IN ACCORDANCE WITH THE CITY'S COMPRE- HENSIVE LAND USE PLAN. PROVIDING fOR EXCEPTIONS TO THE CONVERSION TABLE; AND PROVIDING FOR CODIFICATION. SEVERABILITY; REPEAL OF CONfLICTING PROVISIONS; AND EFFEC- TIVE DATE. WHEREAS, the Clty Council of the City of Sebastlan, florida has adopted a Comprehensive land Use Plan. Ordinance No.o,.8/-:zJ; pursuant to Florida Statute 163; and WHEREAS, Florida Statute 163 requires that all future development- be conslstent with the County's adopteij C.omprehensive Land Use Plan; and WHEREAS, the existing 'zonlng of many areas within the CHy are not in conformance with the City's adopted Comprehensive Land Use Plan. and WHEREAS, a table has been prepared to convert the existing zoning districts depicted on the zoning map to the ne~ zoning districts; and WHEREAS, certa i n except ions to' the genera 1 convers ions are necessary to , correct incons1stencies with the City's adopted Comprehensive Land Use Plan and implement new zoning districts which do not correspond with the density or intensity of existing zoning districts. and WHEREAS. the Council has held two publiC hearings on the proposed amend- ments. and WHEREAS, the Council finds and determlnes that the adoptlon of the amend- ment is in the best interest of the City of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION I All propertles lylng wHhln the corporate limits of the City of Sebasticln, Florida, which have any of the old "zoning ~lstrict'l classifications listed in the below table, are hereby rezoned to the corresponding "new zoning district" classifications listed below as determined by reference in such table to the existing land use deslgnatlon for such propertles. Appropriate and necessary revisions to the City's zoning map to reflect such rezonings are hereby au- thorized and approved. R-1 R-1 R-2 R-2 Zoning District Conversion Table Land Use Des 1 gOd t ion LD INS MO INS COR MH -- Cl CG CW INS IND New Zoning District Old Zoning District R-2 RS -10 PS RM-8 PS COR R--MH Cl CG GMC PS IN R-1:-M COol C-2 C-2 C-2 M..1 -1- . . .. SECTION I I Notwithstanding, anything to the contrary in Section I, the following specif- ically identified properties are ~ereby rezoned from their existing "old zoning distrlct" classification to the "new zoning district" classifications 11sted below for each such property. The Councl1 determlnes that each such rezoning is cons i stent with the Comprehens he Pl an, and appropriate changes are hereby authorized and approved to reflect such rezonings. Old New Zoning Zoning Property Description District District 1. The south 75 feet of lot 5 and Lots 6 & 7 of Block 1, INDIAN RIVER HILLS subd1vi5ion. R..2 eRR 2. That property abutting the southern boundary of lot 10 of Block 1. INDIAN RIVER HILLS sub- division, running south 152.9 feet along U.S. Highway HI, thence runnlng east 200 feet, thence running north 315 feet. along Riverside Avenue, thence running west 205 feet Cool eRR 3. (DELETED) .... .".... 4. Blocks 185. 186. and 187, Unit 8; Blocks 188 and 189, Unit 6. Blocks 485, 490 and -_:-:--.......... 492. Unit 12; Block 508. Units 12 and 15; and Block 509, Unit 15 SEBASTIAN HIGHLANDS subdivision. Cool CL-512 5. Lots 2, 3, 4, 5, 6,7,8,9,10,11,12, and 13, Block 605 and lots 7, 8, 9, 10, 11, 12, 13, and 14, Block 604, withln SEBASTIAN HIGHLANDS subdivision. R-1 RM-8 6. lots 1. 2, 3, 4, and 5. Block 611, SEBASTIAN HIGHLANDS subdivision. R-2 RS-I0 7. That parcel of land located in the north- west corner of Section 17. Township 31 south, range 39 east, known as "Fischer's Corner". R-1 COR 8. The east t and northwest! of the north- west quarter of Section 23, Township 31 south, range 39 easti and the south quarter of Section 14, Township 31 south. range 39 east, less those parcels of land lying east of the Sehastlan Water Management District flood plain easement and west of the SAN SEBASTIAN SPRINGS subdivision. R-l RS-20 9. Lots 1. 2. 3, 4, 11. 12. 13, and 14, Block 1 INDIAN RIVER HIllS subdivision. C-2 CL 10. That parcel of land lying east of the FEC railway, west of U.S. Highway #1. and running south of 9th street 1550 feet along U.S. High- way # 1. C-l CG 11. POINT-O-WOODS subdivision, located in Section 28, fleming Grant. R-l RS-20 12. The S.E. ! of the S.W. ! of Section 18. Township 31 S., Range 39 E. and the N.E. ! -2- . e .- of the N.W. I of Section 18, Township 31 S.. Range 39 E., known as Sebastian Greens. R-2 RS-lO 13. SOUTH-MOON-UNDER subdivision, located in the s.w. I of the S.E. I, Section 7, Township 31 S., Range 39 E. R-1 RS-20 14. ROSELAND ACRES subdivision, located in Section 23. Townshlp 31 south, Range 38 east. R-1 RE-40 15. Those parcels of land beginning at the intersection of Main Street and the FEe Railway thence running south along the FEC Railway approximately 1150 feet, thence running west 108 feet to the Louisiana Avenue right-ofTway. thence running north approximately "1180 feet to the point of beginning. COol. Co.2 IN 16. Those parcels of land located in Sections 22, 28, and 29 Fleming Grant known as the airport. R-l AI 17. Those parcels of located in:the S.E. I of Section 28, Fleming Grant and the s.w. a of Section 29, Fleming Grant. M-I RS-20 18. Those parcels of land located in the N.W. I of the $.E. I, Section 20 and the North 375 feet of the S.W. a of the S.E. a, Section 20. Township County M-1 31 S., Range 39 E. County A R-MH 19. ( DELETED) 20. Those recently annexed parEels--of-lancC-------- lying North of Old Dixie Highway, east of the FEC right-of-way and west of U.S. Highway 1. County COol IN and COR -3- . , , . e . SECT ION 3 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the City Code and the word "ordinance"may be changeq to "sectionll, lIarticlell, or other appropriate word, and the sections of this ordinance may be renumbered, reserved or relet- tered to accomplish such intentions. SECTION 4 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such hold- ings shall not affect the remaining portions hereof and lt shall be construed to have been the legislative intent t~P4sS this ordinance without such unconstltu- tional, invalid or inoperative part. SECTION 5 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the City Council of the City of Sebastian, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 6 EFFECTIVE DATE . The provisions of this ordinance shall become effective upon final passage. I HEREBY CERTIfY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the f/ Hv date of ~ 1985. .~ ~ t;J7/~ Mayor ATTEST: ~~.M~ City Clerk I HEREBY CERTIFY that the Notice of Public Hearing of the foregoing Ordi- nance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastlan, florida, at 1:otJ(ll on the ;;.gtf, day of Au ?Vsr, 1985, and that the foregolng Ordinance was duly passed and adopted by the Ci ty Counci 1 of the Ci ty of Sebastian, florida, on the /I..ff, day of .sePTeI18e~, 1985. ~ (D.~j- . . City C er ~ -4-