HomeMy WebLinkAboutO-04-03 Jeanette Williams, do hereby certify that this is a true and correct copy of Ordinance No. 0-04-03, as adopt ,e4lx~~ City Council
I,
on May 26th, 2004. /q ,.~,~."~ ,.~, ~:: :' ~ ~ ~ ~,
I hereby aft'm my signature this 27°~ day of July, 2004.
~,V~anette Williams ~"[S~'C,~I~.
Please return to: (.fl
city Clerk's Ofnce ORI)INAN"'~ N" 0 0~ ~
City of Sebast an
1225 Main Stree ,: ~ · ,/ ~ ,~4.
Sebastian FL32958 AN ORDINANCE OF THE CITY OF SEBASTIAN; :9!t~RIDA~
eaovmma FOR TaE VOnUNTAaY ANNEXnT~O~ OF
mORE Og [~;SS, m;~¢ A FaRT OF S~;CqnON ~,
SOUTH, RANGE 39 EAST LOCATE~) SLIGHTLY NoRTH"i:}I~
SERASTIAN EL~;YmNTAa¥ SC,OOt4 ~'ROVmINa FOR INT~mM
LAND USE ~axr~ ZO~INa CLASSnz~CATION; ~'ROVn)IN¢ FOR
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner of the parcel of property described herein has petitioned
the City for voluntary annexation of said land and due public notice of this action has
been given; and
WHEREAS, the City Council finds and determines that the land proposed to be
annexed is contiguous to the City. will not result in the creation of any enclaves, and
constitutes a reasonably compact addition to the incorporated ten'itol~ of the City; and
WHEREAS, the City Council of the City of Sebastian, Florida, finds and
determines that the annexation of said parcel is in the best interest of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTV. The following described property now lying and
being in an unincorporated area o[' indian River County, Florida, is hereby annexed into
the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to
include said real property:
The Southwest ~A of the Southwest 'A, and the South 534.5 feet of the Northwest
~/~ of the Southwest t/;, LESS the North 250 feet of the West 200 feet, all in
Section 6, Township 31 South, Range 39 East, Indian River County, Florida;
as depicted on the attached map; Containing 56.25 acres more or ]ess.
Section 2. INITIAL LAND USE AND ZONING CLASSIFICATION.
The interim land use and zoning classifications for this property shall be consistent with
the provisions of state law.
Section 3. FILING. A ce~rified copy of this ordinance shall be filed with
the Clerk of the Circuit Court as well as the Chairman of the County Commission of
TI.KS DOCUMENT HAS BEEN RECORDED
IN THE IKJ~LIC RECC3~DS OF
INDL~N RIVER COUNTY FL
BK: 1109 PG:3?I, Plgel of 3
1~7~J~4 -* ~:&l AM,
JEFFREY K ~ARTON, CLERK OF
COURT
Indian River County, Florida, and with the Florida Department of State within seven days
of adoption.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 5. EFFECTIVE DATE. Following its adoption, this Ordinance shall
become effective concurrent with the effective date of Ordinance 0-03-20.
The foregoing Ordinance was moved for adoption by Councilmember
Monier The motion was seconded by Councilmember
Coniglio and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councihnember Lisanne Monier
Councilmember Michael Heptinstall
nay
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 26th day
of May ,2004.
The effective date of this ordinance was subsequently
modified by Ordinance 0-04-18 to become effective
concurrent therewith,
ATTEST:
Sally A. M,,~i6, CMC
City Clerk'
CITY OF SEBASTIAN, FLORIDA
13y~~
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance by the City of Sebastian:
JUN 29 2004 09:43 FR CLRRK CCMPRNiES
321 768 2009 TO 7725895570
P.02/03
~
1554826 P.ECORliED :IN ~ ~CO:emS OF ,n;~i:- A aARTON, CLERK CIRCUIT COi...."RT INDIAN
Rr~R CO FL. BK: 1750 ~: 2l07c 06/24/2004 02:16 P.M
, .
(.{l1
.,
DII:CLA~ 121" CllVJliA1IT Mill 'i''''''TBI~ON Q.l!i LAl\1)
TillS DilCIARA TlON, made "" of tho dale $ellbrth below oy Tn: Coy A.
Clark Company, 100., h,..jnaftor rof$rrui to as "i;loclara."lf', go-""", the .... of the
fooow..io:l$ described tarui iying ~ situate in indi~"l Rive;' Count!~ Florida:
Tnt Soll!l1_14 cf1i1c SwIbwest 'I., M<i th<> SoI!lil 534.5 foot cftho_
;/4 of the Sc~-est Vo;. LESS the Nom .250 fe& of the West 200 ~ &Ii in
Sectioa 6. T o"up 3 j' Soutll, ilsl1llI' 39 Eoo~ Indian River C""..<lj', Florid.;
co..'1taining 56.25 &ens were;Jr iesi,. aereinafttt cs.lied tne dLand"", ami pro.....;d~ tira:t
WHEREAS, Da:la.-.nt is In. """'" of tho La.-,d as Q=rlbel! oil""". wbicb
Oe1;:laraiu ~ to ...."" into lbe City of Se/:li$lian, Flori<ia.
NOW TliEREFOR.... Dooi.,.,.,.., ilorel>y docWos tilal all of!al. LonO _00
~bo~ s:ha1i ~ hctli. scld and ~~ subject to the foiiowic/j restriction!; ~a
OOYMWtoi, wiU~ ~ for th~ 9Ulpose ofpro~ng;bi value and dcahllbiiity of the Lind,
arid shaH run ~;+.h $ai:i land and be binding u;xm all parties r..a.igg a.'y right, titif: or
interes:: In the Land or ail1 pan: thereof. their he1~ ~s a:cd assigns, and shaH
a~"Ue to th~ OOn~rt "r each ~ thereof:
L
For a period of ten ji~ from the d.ate of a.-M~~CD of tl-JG La.Ri,
Dedsra..~ it& hairs. ~ or ~&n~ coymam that tl1a-f ihili
r"" "l'ply 10 """"" !lw ~ ... O".be<wiso """' to cllange lbe use
of ~d i..ami" jn IWiY mailna- thm iUUtts in a residential use dm4.t"t}.
~!il;..13.5""it>i>"'''''''
~.
Th. Ctty of Sebostian is d~"'<l .. a tlrif<i.pa,"ly Om:liciory of
tbeso Cov_ M<i 1.l.ostri<:licm, .,.; Dociarollt 5lipulat'" !hot sai~
mim-party beumc!a&--Y shsli be entitled to reS2se any appij=oo o.
propo:sa1 ~Jimlitt.e4 in ifioiatict. of ~ De;iaritions 1"rithma't
recourse i;;y Deciat"'.;w.!i.
It. lfUI;CQIIIf
.......t~~MII
,f.1tfr1.,jeH,C1 4
,
JUN 29 2004 09; 43 FR CLi=F-K COMPANIES
BK: 1750 PG: 210S
321 768 200'3 TO 77258'35570
P.03/03
iN WlTIiEijS WHEREOF the undmi@n<d, l>elog tile Dool.....' herein, has
<ause<! I.... pmont3 to he ~ed in il. name by its duly illilhorU:ed offi=, os ofthi.
:is;:' day of'May, 2004.
Signed. scaled &, d~iiwrOO
In tbe presence or.
" .
,. ." :-.~.;
,....
Too c..-y A. Ciark Company, me..,
Decl~
By. ~Q.~f'-'
Prinh:ciN J...:if. .~m ,J .,Il~1I CO)' Cia.:<:,k
1ts:~1.......~",. (H ....."'~.......jl.......m.
j lrnRlil>Y CER'I1F\' ,,,... on this day. before "'e an om.... duly OilIlwrized io tile sme
~.1nl~: Ca~~~~I~~ ~ ~.::::=ts.~~~~ G~- Cla,,~
foregoing in.it:r"v.tnlimt or W1l0 pro"ided ,jU1
l~enlificatiDt'.., who ~ri tiic foregoiug iDaLrument and aclcnowkiaied befure me that
he ~'"'"tC"iJtd tbe SiUK:. The said person wu: Met u,,1d.iS' oeth.
"HSS m-j !md and official seal this 25" day oflriay, .004.
Notmy F".J!}lk
MyCoii:'".mjsz.iol/;~: " .1lilt\
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STArn OF F!.ORlllA
li'lDIAN l'llVlEl! COUHTY
'l'H11l IS TO C!;rmFY'fHAT'l'HIS III A
'fRU!': ANP CORRSCT 001''1 01' iHi;l
ORIGINAl. ON FIUOIN THIS OFFiCi!.
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** TOTRL PAGE.03 **
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to calf home"
JEB BUSH
Covernor
THADDEUS l. COHE~, AlA
SCGl'tJry
November 17.2004
}-'
CCJ
C')
The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian, Horida 32958
c.-:.i
L.
Dear Mayor McCollum:
The Departmcnt of Community Affairs (Department) has completed its review ofthe
Comprehensive Plan Amendment (DCA No. 04-2) adopted by Ordinance No. 0-14-18 on
September 22,2004, for the City of Sebastian and detcrmined that it meets the requirements of
Chapter 163, Part n, Florida Statutes (F.S.), for compliance, as defined in Subsection
163.3184(1)(b), r.s. The Department is issuing a Notice oflntent to find the plan amendment In
Compliance. The Notice of Intent has been sent to the Jupiter Courier (Vero Beach Press
Journal) for publication on November 18, 2004.
The Dcpartment's notice of intent to lind a plan amendmcnt in compliance shall be
deemed to be a final order if no timely pctition challenging the amendment is filed. Any atTeeted
person may file a petition with the agency within 21 days after the publication of the notice of
intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a
development, dependent on the amendment may be issued or commence before the plan
amendment takes e1Teet. Please be advised that Section 163.3184(8)(e)2, F.S., requires a local
government that has an Internet site to post a copy of the Department's Notice of Intent on the
site within 5 days afterreeeipt of the mailed copy of the agency's notice of intent.
Please note that a copy of the adopted City of Sebastian Comprehensive Plan
Amendment, and the Notice of Intent must be available for public inspection Monday through
Friday, except for legal holidays, during normal business hours, at the City of Sebastian, City
HaIL Clerk's Office. 1225 Main Street, Sebastian, Florida 32958.
()~;;;?r- '1~~...
t::?' 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, rlOR1DA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 F.:\X: 850.921.0781/Suncom 291.0781
Internet address' hJtp_:l!wVl,-w,_d_c--.9--,-st_Zl_~--,-us
CRITICAL STATE CO\lGRN FiElD OfFICE
U96 OVf!IIf!JI Highvay, Suit(' 212
,\I'''Jlhon,F~31050-2n7
I.3(5) 28').1402
COM,\\U~ITY Pl'\\J~I~G
1555 Shumard Oak Bou:cvdrd
T allJhas;ee, FL 32J~~-2IOU
(050)488.2.156
EMERGENCY MA\JAGE.\~ENT
25j5 Shllm,Hd Oak Bo\;!evard
T,ll1ahb,~e, Fl.l.!3~~.1100
(8501413-99(,9
HOUSING & COM.\\L'NITY DEVElOP\\ENT
2555 ShlllmrdO.lk BOlllevJ'd
Tallahassee,FI.323'J'j.210D
(1t';1)) 48B-7956
,
.....
The Honorable Nathan B. McCollum
Novembcr 17,2004
Page 2
If this in compliance determination is challenged by an affected person, you will have the
option of mediation pursuant to Subscction 163.3189(3)(a), F.S. If you choose to attempt to
resolve this matter through mediation, you must file the rcquest for mediation with the
administrative law judge assigned by the Division of Administrative Hearings. The choice of
mediation will not alIect the right of any party to an administrative hearing.
If you have any qucstions, please contact Roger Wilburn, Principal Planner, or Dan
Evans, Planner, at (850) 922-1805.
Sincerely yours,
~~
Charles Gauthicr, AICP
Chief of Comprehensive Planning
CG/des
Enclosure: Notice oflntent
cc: Mr. Tracy Hass, Director of Growth M,magcment
Mr. Michael Busha, Executive Director, Trcasurc Coast Regional Plmming COlmeil
, . .
c'
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF SEBASTIAN
COMPREHENS[VE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 04-2-NOI-3105-(A)-(I)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for
the City of Sebastian, adopted by Ordinance No. 0-14-[8 on September 22,2004, IN COMPLIANCE,
pnrsuant to Sections 163.3 [84, 163.3187 and 163.3189, F.S.
The adopted City of Sebastian Comprehensive Plan Amendment and the Department's Objections,
Recommendations and Comments Report, (if any), arc available for public inspection Monday through
Friday, except for legal holidays, during normal business hours, at the City of Sebastian, City Hall, Clerk's
Office, 1225 Main Street Sebastian, FL 32958.
Any affected person, as defined in Section 163.3 [84, F.S., has a right to petition for an admin-
istrative hearing to challenge the proposed agency determination that the Amendment to the City of
Sebastian Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The peti-
tion must be filed within twenty-one (21) days after publication oftliis notice, and must include al[ of
the information and contents described in Uniform Ru[e 28-106.201, F.AC. The petition must be filed
with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100, and a copy mailed or delivered to the local government Failure to timely file a
petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under
Sections [20.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be
to present evidence and testimony and forward a recommended order to the Department If no petition is
filed, this Notiec of Intent shall become final agency action.
If a petition is filed, othcr affected persons may petition for leave to intervene in the proceeding.
A petition for intervention must be filed at least twenty (20) days before the final hearing and must include
all ofthc information and contents described in Uniform Rule 28-106.205, FAC. A petition for leave to
intervene shall be filed at the Division of Administrative Hearings, Department of Management Services,
1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervcne within the
allowcd time frame constitutes a waiver of any right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate in the administrative hearing.
After an administrative hearing petition is timely filed, mediation is available pursuant to Sub-
section 163.3 I 89(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that
request with the administrative law judge assigned by the Division of Administrative Hearings. The choice
of mediation shall not affect a party's right to an administrative hearing.
C-A. ~~
Charles Gauthier, AICP ---..
Chief of Comprehensive Planning
Division of Community Planning
Department of Communitv Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100