HomeMy WebLinkAboutO-96-19 ~RDINP,~¢E NO. 0-96-1~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED EAST
OF NORTH CENTRAL AVENUE, SOUTH OF DAVIS STREET AND WEST
OF INDIAN RIVER DRIVE, COMPRISED OF 4.48 ACRES MORE OR
LESS, FROM CL (COMMERCIAL LIMITED) TO GMC (GENERAL MARINE
COMMERCIAL); PROVIDING FOR REPEALOF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sembler Marina Partners 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 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 land use and development conditions affecting
this parcel have changed since the effective date of the existing
regulations.
D.
uses.
The proposed use is compatible with adjacent land
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.
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:
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:
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;
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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 S02~25'46"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 N02o25'46"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.
All of Blocks 1 and 2, Sebastian Gardens Subdivision, as
recorded in Plat Book 5, Page 58, Public Records of
Indian River County, Florida.
Section 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from CL (Commercial Limited) to GMC
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(General Marine Commercial).
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. 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 6. 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 0-96-18.
The foregoing Ordinance was moved for adoption by
Councilmember ~.~t~ . The motion was seconded
by Councilmember
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
and, upon being put to
The Mayor thereupon declared this Ordinance duly passed and
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adopted this ,~,/ day of
City C~er~'
(SEAL)
~/~.~_~,) , 1996.
CITY OF SEBASTIAN, FLORIDA
Lo~uise R. Cartwright~/ Mayor
Approved as to Form and Content:
Valerie Settles
City Attorney