HomeMy WebLinkAboutO-96-12ORDINANCE NO. O-96-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT
TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE
LAND USE MAP FROM CL (COMMERCIAL LIMITED) TO MDR
(MEDIUM DENSITY RESIDENTIAL) FOR LAND CONSISTING OF
5.6 ACRES, MORE OR LESS, LOCATED SOUTH OF MAIN STREET,
EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY; FINDING THAT THE
COMPREHENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL
SCALE AMENDMENT UNDER FLORIDA STATUTES SECTION
163.3187 (1) (C); PROVIDING FOR COPIES OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3184 (7);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Roger Skillman for
a small scale amendment, to change the land use for certain property, as reflected on the
Future Land Use Map from CL (Commercial Limited) to MDR (Medium Density
Residential); 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 Section 20A-
11.8(c) of 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
Amendment and has conducted a final public hearing to receive citizen input; and
WHEREAS, the City Council has considered the application 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's
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 Roger Skillman qualifies as a
small scale amendment under Florida Statute Section 163.3187 (1) (c).
~ AFFECTED
Comprehensive Plan Future Land
PROPERTY. The small scale amendment to the
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:
All of Blocks 1 and 2, Sebastian Gardens Subdivison, as recorded in Plat Book
5, Page 58, Public Records of Indian River County, Florida.
Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map
(1-1) shall be amended from CL (Commercial Limited) to MDR (Medium Density
Residential) for the affected property as described in Section 2.
~. NOTIFICATION. Within ten (10) working days after adoption of the
Plan Amendment, the City shall transmit five (5) copies of the Plan Amendments to the
Department of Community Affairs as provided in Florida Statutes Section 163.3184 (7). The
City shall also submit one copy to the regional planning agency and to any other unit of local
or state government that has filed a written request with the governing body for a copy of the
Plan Amendment.
~. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
~ SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid of 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 unconstitional 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 immediately
upon its adoption and authentication by the signatures of the presiding officer and the Clerk
of the City Council.
The foregoing Ordinance was moved for adoption
~cLg_ . The motion was seconded by Councilmember
by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and adopted this (?d~day of
j~,~/ ,1996.
ATTEST:
Katluyn M( O'Hallo{an, CMC/AAE
City Clerk
CITY OF SEBASTIAN, FLORIDA
LouiseI R. Cartwfight, Mayor
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
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