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Home My WebLink AboutO-03-09ORDINANCE NO. 0-03-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (Cfi) AND LOW DENSITY RF31DENTIAL (L-l) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Paradise Partners, Inc. for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of Commercial Industrial (C/I) and Low Density Residential (L-l) to a designation of Commercial General (CG) in the City; and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes 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 Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposdd changes in the City Comprehensive Land Use Plan, 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. AFFECTED PROPERTY. The 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: See attached Schedule "A" containing 7.1 acres more or less as depicted on the attached sketch. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate said property as Commercial General (CG) in accordance with the requirements of Florida law. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 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 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon execution. The foregoing Ordinance was moved for adoption by Councilmember Hill The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barezyk Councilmember James Hill Councilmember Nathan McCollum Coniglio and, upon being put to a aye aye aye aye absent The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of June, 2003. C1TY OF SEBASTIAN, FLORIDA ATrEST: ~Sally A. M)fi~o, CMC · City Clerk By: ~{J~'~} /~L~t.a~ Mayor Walter Barnes Approved'as to form and legality for reliance by the City of Sebastian only: Rich ~tringer, City At~ey "Schedule A" Page 1 of 2 LEGAL DESCRIPTION C OVERALL FAROEL) COMMENCING AT THE NORTHEAST OORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP SOUTH. RANGE 3~ EAST. RUN NORTH ~53'45' WEST A DISTANCE OF cl58.24 FEET; THENCE RUN SOUTH O0'Oq'4q' EAST DISTAHCE OF 43,~Z FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL~ THEHCE CONTINDE SOUTH 00°0c1'4¢t' EAST A DISTANCE OF G25,35 FEET~ THENCE RUN 50UTH ~¢t'§O't[' WEST A DISTANCE OF 300.00 FEET TO THE EASTERLT RIGHT-OF-WAY OF COUNTY ROAD 510~ THENCE RUN NORTH O0'lS'I-D' WEST A DISTANCE OF GO0,O0 BEET TO THE SOUTHERLY RIGHT-OF-WAy OF STATE ROAD B[2.. THENCE RUN ALONG SAiD STATE ROAD 51.Z RIGHT-OF-WAT ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING AN ARC LENGTH OF 30t.~4 FEET, A RADIUS OF 20GO.O0 BEET AND AN INCLUDED ANGLE OF 0~5'23'52', A CHORD BEARi~IG OF NORTH ~55'00'57' EAST AND A CHORD DISTANCE OF 301.G7 FEET. TO THE POINT OF [BEGINNING. AND ALSO COHMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST [/4 OF THE 50UTHWEST [/4 OF SECTION 23, TOWNSHIP SOUTH. RANGE 3~5 EAST. RUN NORTH ~'53'45' WEST A DISTANCE OF ~lB~5.Z4 FEET~ THENCE RUN SOUTH 00'0c1'4ct' BAST DISTANCE OF 43.G2 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL~ ALONG THE SOUTHERLY RIGHT-OF-WAT OF STATE ROAD 512, THENCE RUN ALONG SAID STATE ROAD 512 RIGHT-OF-WAY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST. HAVING AN ARC LENGTH OF 204.45 FEET. A RADIUS OF 20GO.O0 FEET AND AN IHCLUDED ANGLE OF 05'41'11', A CHORD BEARING OF NORTH 77'D~5'2D' EAST AND A CORD DISTANCE OF £04.3G FEET~ THENCE RUN SOUTH 00'0'::1'4¢[' EAST A DISTANCE OF G~7.SG FEET~ THENCE RUN SOUTH ~5q'50'11' WEST A DISTANCE OF ZO0,O0 FEET~ THENCE RUN NORTH O0'Oq'4cl' WEST A DISTANCE OF G25.35 FEET TO THE SOUTMEFJ.Y RIGHT-OF-WAY OF STATE ROAD ~2 AND THE POINT OF BEGINNING. b SHARK MART 1.045 AGRIZ$ +/- CLES~ + EXGEPT) ZONING - GG LAND USE - C/I ZONING - GO "'1~ ZONING - A1 USE - O/I ~"-T LAND USE - L-1 LAND °[° 0 0 500.00' 5 8q'50'1..1_' W 500.00'