HomeMy WebLinkAboutO-04-08ORDINANCE NO. 0-04-08
AN ORDINANCE OF ~ CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN
INITIAL ZONING CLASSII~ICATION OF RESIDENTIAL SINGLE-FAMrI,Y (RS-
10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION
AS AGRICULTURAL, 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF
115 ACRES, MORE OR LESS, LOCATED ALONG POWER.LINE ROAD SOUTH
OF BARBER STREET KNOWN AS CROSS CREEK SUBDMSION; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
m~REWITH; PROVIDING FOR SEVERAB]]LITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Henry A. Fischer has faled 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
WllEREAS, 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
WIIEREAS, 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 requixements 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 se~'vices 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 impac~ on the nararal
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 i~ 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. Thc change in zoning classification created by thc adoption
of this ordinance shall affect thc following described real property, now lying and being within
the incorporated area of the City of Sebastian, Indian River County, Florida:
The South ½ of the Northwest ¼ of Section 30, Township 31 South, Range 39
East, Indian River County, Florida, LESS the East 35 feet thereof for right-of-way
AND ALSO the Northeast ¼ of thc Southwest ¼, excepting the West 5 acres
thereof, in Section 30, Township 31 South Range 39 East
containing 115 acres more or less.
Section 2. REZONING. The real property described above is hereby given an initial
City zoning designation of Residential Single-Family (RS-10).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to
include the subject property and reflect this designated zoning dis~ct.
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, 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 provision, thereby causing said
remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE, This Ordinance shall take effect upon the effective
date of Ordinance O-03-16.
The foregoing Ordinance was moved for adoption by
con~.g~.~.o . The motion was seconded by Councilmernber lqonter
upon being put to a vote, the vote was as follows:
Councilmember
and,
Mayor Nathan B. McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councitmm'nber Lisarme Monier
Councilmember Michael Heptinstall
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June,
2004.
The effective date of this ordinance was subsequently
modified by Ordinance O-04-18 to become effective
concurrent therewith.
ATTEST:
Sally A./M~io, CMC
City Cldrk
CITY OF SEBASTIAN, FLORIDA
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance by the City of Sebastian only: