HomeMy WebLinkAboutO-95-14ORDINANCE NO. 95-~4
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN
PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE
CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES,
MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE
NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON
THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING
GRANT LINE, AND ~PPROXIMATELY 288 FEET NORTH OF THE
SEBASTIAN CEMETERY, FROM INDIAN RIVER COUNTY RM-6
(RESIDENTIAL MULTI-FAMILY, $ UNITS PER ACRE) TO CG
(GENERAL COMMERCIAL); PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the parcel of property described herein
has petitioned the City of Sebastian for an amendment to the Zoning
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 Section 20A-11.6(c) of
the Land Development Code together with the recommended findings
and recommendations of its staff and Planning and Zoning
Commission; and
WHEREAS, the City Council has 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.
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C. The land use and development conditions affecting
this parcel have changed since the effective date of the existing
regulations, as the parcel has been annexed into the City.
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
significant 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.
I. The proposed use is in the public interest of the
citizens 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:
~[~ PROPERTY. The change in zoning classification
created by the adoption of this ordinance shall apply to the
following described real property:
That part of Lots 23 and 24 of WAUREGAN SUBDIVISION,
lying East of U.S. Highway #1, West of Fleming Grant
Line, described as follows:
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The Point of Beginning formed by the intersection of the
Easterly right-of-way of U.S. Highway #1 with the common
boundary between Lots 23 and 24 of WAUREGAN;
Thence proceed Northwesterly along the Easterly right-of-
way of U.S. Highway #1 a distance of 159.06 feet;
Thence proceed Northeasterly along the line which bisects
Lot 23 into North and South halves, a distance of 229.27
feet, more or less, to the intersecting point with the
Fleming Grant Line;
Thence proceed Southeasterly along said Fleming Grant
Line, a distance of 323.91 feet, more or less;
Thence proceed Southwesterly along a line which parallels
the Southerly boundary of Lot 24 (Wauregan), a distance
of 266.16 feet, more or less, to the intersecting point
with the Easterly right-of-way of U.S. Highway #1;
Thence proceed Northwesterly along said Easterly right-
of-way, a distance of 168.03 feet to the Point of
Beginning;
Ail in WAUREGAN, Fleming Grant, according to the Plat
filed in the Office of the Clerk of the Circuit Court of
Brevard County, Florida, in Plat Book 1, Page 75, and
refiled in the Office of the Clerk of the Circuit Court
of St. Lucie County, Florida, in Plat Book 1, Page 178
and 179; said land now lying and being in Indian River
County, Florida; being Section 30 Fleming Grant.
Ail of Lot 22, lying East of U.S. Highway #1 of WAUREGAN
SUBDIVISION. The point of beginning formed by the common
boundary between Lots 22 and 23, where it intersects with
the Easterly right-of-way for U.S. Highway #1. Thence
run Northwesterly, along said Easterly right-of-way, a
distance of 318.12 feet, thence run Northeasterly along
the common boundary of Lots 22 and 21, a distance of
168.50 feet, intersecting with the Fleming Grant line;
thence run Southeasterly, along Fleming Grant line, a
distance of 315.0 feet, thence run Southwesterly along
the common boundary of Lots 22 and 23, a distance of
207.05 feet, to the point of beginning.
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Ail in WAUREGAN, according to the plat filed in the
office of the Clerk of the Circuit Court of Brevard
County, Florida, in Plat Book 1, Page 75; and refiled in
the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 1, Pages 178 and 179; said
land now lying and being in Indian River County, Florida.
That property located in Wauregan Subdivision lying east
of U.S. Highway #1, West of Fleming Grant line, and a
part of Lot 23, Wauregan, as follows:
The point of beginning being the point of intersection
formed by the Easterly right-of-way of U.S. Highway #1
with the Northerly boundary line of Lot 23. From said
point of beginning proceed Northeasterly along the
Northerly boundary of Lot 23, a distance of 207.03 feet
to the intersecting point with Fleming Grant line; thence
Southeasterly along said Fleming Grant line, a distance
of 157.5 feet; thence proceeding Southwesterly on a line
which bisects Lot 23 into North and South halves, a
distance of 229.27 feet, more or less, to the
intersecting point with the Easterly right-of-way of U.S.
Highway ~1; thence Northwesterly along said Easterly
right-of-way a distance of 159.06 feet to the point of
beginning. All located in Wauregan Subdivision, lying in
Section 30 Fleming Grant, according to Plat filed in the
office of the Clerk of the Circuit Court of Brevard
County, Florida, in Plat Book 1, Page 75, and refiled in
the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 1, Pages 178 and 179, said
land now lying and being in Indian River County, Florida.
DISTRICT. The real property described in this
Ordinance is hereby rezoned from Indian River County RM-6
(Residential Multi-family, 6 units per acre) to City Zoning
District CG (General Commercial).
~ ZONING F~PS. The official City Zoning Map shall be
amended to reflect this change in zoning district.
~ CONFLICT.
Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
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~ SEVEI~%BILITY. 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 and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS /~' DAY OF
,
The foregoing
Councilmember
Ordinance was
into a vote, the vote was as follows:
moved for adoption by
. The motion was seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
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The Mayor thereupon declared this Ordinance duly passed and
adopted,,: this day of
CITY OF SEBASTIAN, FLORIDA
Arthur L. Fi~ion, Mayor
Approv.
, CMC/AAE
Form and Content:
A. McClelland, Jr.
City Attorney