HomeMy WebLinkAboutO-96-20ORDINANCE NO. 0-96-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SMALL SCALEAMENDMENT TO THE
COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP
FROM IN (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL)
FOR FOUR PARCELS OF LAND CONSISTING OF 9.45 ACRES, MORE
OR LESS, IN SEBASTIAN HIGHLANDS UNiT 16 AND IDENTIFIED AS
TRACTS C, D, E AND A PORTION OF F; 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 H.
D. Adams Enterprises, Inc. for a small scale amendment to change
the land use for certain property, as reflected on the Future Land
Use Map from IN (Institutional) to LDR (Low 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 BE THE CITE 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 H. D. Adams
Enterprises, Inc. 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:
Sebastian Highlands, Unit 16, Tracts C, D, E and F, less
a portion of Section 18, Township 31 South, Range 38
East, Indian River County, Florida, being more
particularly described as follows:
Commencing at the Southwest corner of aforesaid Section
18, run North 00°04'45'' West along the West line of said
Section, 884.51 feet; thence leaving said Section Line,
run East 399.10 feet to the Point of Beginning. From the
Point of Beginning, continue East 232.67 feet to a point
on a non-radial curve concave Southeasterly, having a
radius of 520.00 feet and through which a radial line
bears South 61°45'37'' East; thence run Northeasterly
149.78 feet along the arc of said curve through a central
angle of 16~30'13"; thence run West 301.61 feet; thence
South 13°15'36'' West, 95.69 feet; thence South 04~30'47''
East, 26.95 feet to the Point of Beginning.
Section 3.
DESIGNATION.
The Comprehensive Plan Future
2
Land Use Map (1-1) shall be amended from IN (Institutional) to LDR
(Low Density Residential) 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. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
~ection 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 ?_ 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 moved for adoption by
Councilmember /~~ . The motion was seconded
by Councilmember
and, upon being put to
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
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~-~ day of
~ath~yg.~: o.'~ll6rAn, CMC/AAE
City Clerk~' ',.-'~'
CITY OF SEBASTIAN, FLORIDA
(SEAL)
Approved as to Form and Content:
Valerie Settles
City Attorney