HomeMy WebLinkAboutO-96-18 ORDINANCE NO. 0-96-18
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 CW (COMMERCIAL
WATERFRONT) FOR TWO PARCELS OF LAND CONSISTING OF 4.48
ACRES, MORE OR LESS, LOCATED EAST OF NORTH CENTRAL
AVENUE, SOUTH OF DAVIS STREET, AND WEST OF INDIAN RIVER
DRIVE; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT
QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA
STATUTES SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF
THE SMALL SCALE AMENDMENT TO BE TRANSMITTED TO ALL
PARTIES AS REQUIRED BY FLORIDA STATUTES SECTION 163.3187
(4); 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
Sembler Marina Partners 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 CW (Commercial Waterfront); 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 Sembler
Marina Partners qualifies as a small scale amendment under Florida
Statute Section 163.3187 (1)(c).
Section 2. AFFECTED PROPERTY. The small scale 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:
Parcel "A":
A parcel of land lying in Section 31, Township 30 South,
Range 39 East, Indian River County, Florida and being a
portion of Lots 5 and 6, Estate of August Park, recorded
in Plat Book 1, Page 19 of the Public Records of St.
Lucie County, Florida lying westerly of the east right-
of-way of Indian River Drive and easterly of the Fleming
Grant Line, more particularly described as follows:
Beginning at the intersection of the easterly right-of-
way line of Indian River Drive and a line parallel with
and 216.51 feet north of, by perpendicular measurement
from the south line of Lot 5, Estate of August Park;
Thence S24°50'25"E along said right-of-way 423.63 feet;
Thence S87°34'14"W, 106.39 feet;
Thence N02°25'46"W, 15.00 feet;
Thence S87~34'14"W, 45.00 feet;
Thence $02~25'46"E, 15.00 feet;
Thence S87°34'14"W, 108.96 feet to a point on the Fleming
Grant Line;
Thence N45°00'00"W, along the Fleming Grant Line 305.69
feet to a point on a line parallel with and 50.00 feet
north of, by perpendicular measurement from the south
line of Lot 5, Estate of August Park;
Thence N87°34'14"E, along said line 82.41 feet;
Thence N02~25'46"W, 118.93 feet;
Thence N33~55'46"W, 55.80 feet, to a point on a line
parallel with and 216.51 feet north of, by perpendicular
measurement from the south line of Lot 5, Estate of
August Park;
Thence along said line N87°34'14"E, 252.39 feet to the
point of beginning.
and
Parcel "B":
A parcel of land lying in Section 30 of the Fleming
Grant, Indian River County, Florida, more particularly
described as follows:
Beginning at the intersection of the south right-of-way
of 9th Street and the westerly line of August Park
Subdivision (same being the Fleming Grant Line as shown
on page 19 of Plat Book 1, St. Lucie County Public
Records);
Thence run southwesterly along the south right-of-way of
9th Street 183.21 feet to the east right-of-way of North
Central Avenue;
Thence run southerly along said east right-of-way a chord
distance of 342.96 feet;
Thence run to the east with a back angle of 108°09'30",
and run 371.49 feet to a point on the west line of the
August Park Subdivision (Fleming Grant Line);
Thence run northwesterly along the Fleming Grant Line, to
the point of beginning.
Section 3.
DESIGNATION.
The Comprehensive Plan Future
Land Use Map (1-1) shall be amended from CL (Commercial Limited) to
CW (Commercial Waterfront) for the affected property as described
in Section 2.
Section 4. NOTIFICATION. The City shall transmit a copy
of the Plan Amendment to the Department of Community Affairs as
provided in Florida Statutes Section 163.3187 (4).
Section 5. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 6. 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 provisions. 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 become
effective 31 days after adoption and authentication by the
signatures of the presiding officer and the Clerk of the City
Council, or if challenged within 30 days after adoption, shall not
become effective until the state land planning agency or the
Administrative Commission issues a final order determining the
adopted small scale development amendment is in compliance.
The foregoing Ordinance was
Councilmember ~~~ /
by Councilmember
/
a vote, the vote was as follows:
moved for adoption by
The motion was seconded
and, upon being put to
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp ~.~t ....
Councilmember Raymond Halloran
Councilmember Richard Taracka
The Mayor thereupon declared this Ordinance duly passed and
4
adopted this ~ day of
.~, '~- _ ~ ~ -~ ~
'~ity Cl~r~' -,~/~
(SEAL)
~_~~/, ~ , 1996. /
CITY OF SEBASTIAN, FLORIDA
- ' ar wr~gh , Mayor
Approved as to Form and Content:
Valerie Settles
CityAttorney