HomeMy WebLinkAboutO-99-07ORDINANCE NO. 0-99-07
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 TO RMU (RIVERFRONT
MIXED-USE) FROM INS (INSTITUTIONAL) FOR LAND
CONSISTING OF 1.02 ACRES, MORE OR LESS, BEING A
PORTiON OF LOT 27, TOWN OF WAUREGAN PLAT;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS
THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of the City for a small scale
amendment, to change the land use for certain property, as reflected on the Future Land Use Map
from IS (Institutional)to RMU (Pdverfront Mixed-Use); and
WHEREAS, the application qualifies as a small scale amendment under Florida Statutes
Section 163.3'187 (1) (c); and
WHEREAS, the City Council has considered the criteria identified in Section 20A-
l 1.8(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 applicable provisions of the existing
Comprehensive Land Use Plan together with the recommended findings of its sta~ and
WHEREAS, the City Council has determined that the proposed changes in the City
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 the City of Sebastian 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:
That portion of Lot 27 of the old Town of Wauregan, as filed in Plat Book
1 Page 179 of the Public Records of Brevard County, Florida, lying west of
the right-of-way of U.S. Highway 1, less the northernmost 20 feet thereof
and less the southernmost 135 feet thereof;
Together with:
The easternmost one-half of the adjacent portion of Wauregan Avenue as
abandoned under Ordinance 85-17.
Containing 1.02 acres more or less.
Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to RMU (Riverfront Mixed-Use) for the affected property as described in Section 2.
Section 4. 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
163.3187(1)(c)(2)(b) and 163.3184(7). The City shall also submit one copy to the
regional planning agency and to any other person or entity that has filed a written request
with the governing body for a copy of the Plan Amendment.
Section 5. CONFLICT. All 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
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 following
its adoption and authentication by the signatures of the presiding officer and the Clerk of
the City Council within the time limits imposed by Florida Statute 163.3187(3)(c)..
The foregoing Ordinance was moved for adoption by Councilmember
2~/~~, . The motion was seconded by Councilmember
..~}~/i~'d~ ~..~,~,,.) and, upon being put to a vote, the vote was as follows:
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this
day. _o.f.__~/~~, 1999.
ATTEST':' : ~:
K~I,~n_ M]6'H~dran, CMC/AAE
City Clerk '
CITY OF S,~AS~FIAN, FLOK~
By:
Chuck Neuberger, V/eM~/I
Approved as to form and legality for
rel~e~b[ .th~_C~ty~,of Sebastian only:
Rich Stringer, City Att r~y