HomeMy WebLinkAboutO-03-06ORDINANCE NO. 0-03-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN
INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR)
FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS
RESIDENTIAL MOBILE HOME - EIGHT (RMH-8) FOR LAND CONSISTING OF
0.75 ACRES, MORE OR LESS, LOCATED ALONG US HIGHWAY ONE AT
CITY'S NORTHERN LIMITS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Dr. Hadi Shalhoub has filed a petition for 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 the Land Development Code together with the recommended fmdings 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 proposed use is not in conflict with the public interest of the citizens of the City of
Sebastian.
D. The proposed use is compatible with adjacent land uses.
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.
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 prope~y, now lying and being within
the incorporated area of the City of Sebastian, Indian River County, Florida:
Lot 18, Jeans Unit, Indian River Twin Estates as recorded in Plat Book 8,
Page 31 of the Public Records of Indian River County, Florida. Containing
0.75 acres more or less;
As depicted on the attached survey hereto as Exhibit "A ".
Section 2. REZONING. The real property described in the attached Exhibit "A" is
hereby given an initial City zoning designation of Commemial Riverfront (CR).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to
include the subject property and reflect this designated zoning district.
CONFLICT. All ordinances or parts of ordinances in conflict herewith are
Section 4.
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 7. 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 concurrent with the effective date of Ordinance 0-03-05.
The foregoing Ordinance was moved for adoption by Councilmember
1 . The motion was seconded by Councilmember c o n i g 1 i o and,
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Nathan McCollum
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of
May ., 2003.
CITY OF SEBASTIAN, FLOR1DA
ATTEST:
Sally A. M~o, CMC
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only: