HomeMy WebLinkAboutO-96-21 ORDINANCE NO. 0-96-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN
SEBASTIAN HIGIt'I~kNDS UNIT 16 AND IDENTIFIED AS TRACTS C,
D, E AND A PORTION OF F, COMPRISED OF 9.45 ACRES, MORE OR
LESS, FROM PS (PUBLIC SERVICE) TO RS-10 (RESIDENTIA~
SINGLE FAMILY); PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, H. D. Adams Enterprises, Inc. 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.
E.
The proposed use is compatible with adjacent land
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:
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 00004'45'' 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 61045'37'' East; thence run Northeasterly
149.78 feet along the arc of said curve through a central
2
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 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from PS (Public Service) to RS-10
(Residential Single Family).
Section 3. ZONING MAP. The official City Zoning Map
shall be amended to reflect this change in zoning district.
~ection 4. CONFLICT. Ail 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 0-96-20.
The foregoing Ordinance
Councilmember .~//~Z_~/J
by Councilmember
/-
a vote, the vote was as follows:
was
moved for adoption by
. The motion was seconded
and, upon being put to
3
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
adopted this
~' O ~'~a~l~ran, CMC/AAE
City Clerk~
( SEA , )
The Mayor thereupon declared this Ordinance duly passed and
~. day of ~/~' ~.~.~ , 1996.
CITY OF SEBASTIAN, FLORIDA
Lduise R. "C'~twright, Mayor
Approved as to Form and Content:
Valerie Settles
City Attorney