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HomeMy WebLinkAboutO-03-10ORDINANCE NO. 0-03-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS GENERAL COMMERCIAL (GC) AND AGRICULTURAL (A-l) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Paradise Partners, Inc., 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 findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has 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 property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Sec attached Schedule "A' containing 7.1 acres more or less as depicted on the attached sketch. Section 2. REZON1NG. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Commercial General (CG). 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 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 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 rome and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon execution. The foregoing Ordinance was moved for adoption by Councilmember coniglio . The motion was seconded by Councilmember Barczyk and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice-Mayor Ray Coniglio aye Councilmember Joe Barczyk aye Councilmember James Hill ate Councilmember Nathan McCollum ab sen t The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of June, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. MIjfi~, CMC t City Clef Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City A~6mey "Schedule A" Page 1 of 2 LEGAL DESCRIPTION C OVERALL PARGEL~ COMMENCING AT THE NORTHEAST CORNER OF THE $OUTHW£ST 1/4 or THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 51 50UTH. RANGE DIS EAST, RUN NORTH ~'53'45' WEST A DISTANCE OF q5~.2~- FEET~ 'THI"'NCE RUN 50UTH 00'0~'4~' EAST A DISTANCE OF 43.CZ FEET TO THE POINT OF DF'GiNNING OF THE FOLLOWING DESCRIBED PARCEL~ THENCE CONTINLIE SOUTH 00'0¢1'4'~' EAST A DISTANCE OF ~,25.35 YEET~ THENCE RUN 50UTH ~¢i'.~0'~.1' WEST A DISTANCE OF 300.00 FEET TO THE EASTERLT RIGHT-OP-WAT OF COUNTY ROAD 5~.0~ THENCE RUN NORTH 00'3.3'1_5' WEST A DISTANCE OF GO0.O0 FEET TO THE 50UTHERLT RIGHT-OF-WAT OF OTATE ROAD 5'~2. THENCE RUN ALONG 5AID STATE ROAD ~7.2 RIGHT-OF-WAT ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING AN ARC LENGTH OF 50~..q4 FEET, A RADIUS OF 20GO.O0 FILET AND AN INCLUDED ANGLE OF' 0~5'23'52'. A CHORD DEARING OF NORTH ~5'00'57' EAST AND A CHORD DISTANCE OF 301_.G7 PEET. TO THE POINT OF I~EGINNING. AND ALSO COVINENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST ~./4 OF' THE 50UTHWEST Z/4 OF SECTION 23, TOWNSHIP ,31 50UTH, RANGE 3~5 EAST. RUN NORTH ~1'55'45' WEST A DISTANCE OF ~5~5.24 FEET~ THENCE RUN SOUTH 00'0¢i'4~' EAST A DISTANCE OF 43.G2 FEET TO THE POINT OF BEGINNING OF' THE FOLLOWING DESCRIBED PARCEL~ ALONG THE SOUTNERLT RIGHT-OF.-WAT OF STATE ROAD 5~.2, THL-'NCE RUN ALONG 5AID STATE ROAD 5Z2 RIGHT-OF-WAT ALONG THE ARC OF. A CURVE CONCAVE TO THE NORTHWEST. HAVING AN ARO LENGTH OF ZO,~-.4S FEET, A RADIUS OF 20GO.O0 FEET AHD AN INCLUDED ANGLE OF OS'41'~.~.', A CHORD BEARING OF NORTH 77'§8~'25' EAST AND A CORD DISTANCE OF 204.3G FEET~ THENCE RUN 50UTlff 00'0~'4":1' EAST A DISTANCE OF GG7.3G FEET~ THENCE RUN SOUTH 15cFSO':L1-' WEST A DISTANCE OF 200.00 FEET~ THENCE RUN NORTH 00'0~'4~' WEST A DISTANCE OF G25.35 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 5;L2 Al, ID THE POINT 0~' BEGINNING. SHARK HART 1.045 CLE$$ + EXGF'PT) ZONING - GG LAND USE - C/I 200.00' ZONING - GO LAND USE - C,/I 300.00' ZONING - A1 LAND USE - L-1 ZO0.O0' $ ~q'.~0'11' W DO0.O0'