HomeMy WebLinkAboutO-04-10ORDINANCE NO. 0..04-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN
INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-
10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION
AS AGRICULTURAL, 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF
38.27 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; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Daniel Spenser 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 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 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 pattem.
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 ordimance shall affect the following described real property, now 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, Townstfip 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. REZONING. The real property described above is hereby given an initial
City zoning designation of Residantial 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 district
CONFLICT. All ordinances or parts of ordinances in confliet herewith are
Section 4.
hereby rePealed.
Section 5.
SEVER. ABILITY. In the event a court of competent jurisdiction shall
determine that any paxt 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
effectiveness of Ordinance O-03-18.
The foregoing Ordinance was moved for adoption by Couneilmember
Monier . The motion was seconded by Councilmember Heptinstall and,
upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice-Mayor Joe Barczyk
Couneilmember Ray Coniglio
Councilmember Lisanne Monier
Councilmember Michael Heptinstall
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of July,
2004.
The effective date of this ordinance was subsequently
modified by Ordinance 0-04-18 to become effective
concurrent therewith.
ATTEST:
Sally A. Mja~o, CMC'
City Clerl~
CITY OF SEBASTIAN, FLORIDA
Approved as to form and legality for
reliance by the City of Sebastian only:
RiSn'n~ger, Ci~l y A o~mey