HomeMy WebLinkAboutO-03-18ORDINANCE NO. O-03-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND
USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF
LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT
PER ACRE (R) FOR LAND CONSISTING OF 38 ACRES, MORE OR LESS,
WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510
BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38;
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 Daniel Spencer for an
amendment to designate an initial land use for certain property considered for annexation fi.om
its existing County Future Land Use Map designation orr (Residential, 1 unit per acre) to a City
designation of LDR (Low Density Residential); 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 proposed changes in the City
Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the
future development goals of the City of Sebastian.
NOW, THEREFORE, BE 1T 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, as of the effective date to be lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South Range 38
East, LESS the West 65.3 feet for Road Right of Way;
Containing 38.27 acres more or less.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are 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 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance, and annexation of the
property into the corporate limits of the City of Sebastian.
PASSAGE UPON FIRST READING
The foregoing Ordinance was mo~d for passage upon first reading this 17th day of
December, 2003, by Councilmember (.~T)~4~ ~ . The motion was seconded by
Councilmember ,, /t~ and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
ATTEST:
Sally A. M~, CMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember conig 1 i o . The
motion was seconded by Councilmember Moni er and, upon being put to a vote,
the vote was as follows:
Mayor McCollum nay
Vice-Mayor Barczyk aye
Councilmember Coniglio aye
Councilmember Heptinstall aye
Councilmember Monier aye
The Mayor thereupon declared this Ordinance duly passed and adopted this lath
au ly ,200~.
CITY OF SEBASTIAN, FLORIDA
__ day of
ATTEST:
Approved as to form and legality for
reliance by the City of Sebastian only:
This ordinance was rescinded by Ordinance No. 0-04-18,
which readopted the Land Use Nap Amendment contained
herein.
City Attorney