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HomeMy WebLinkAboutO-05-05 Ordinance No. 0-05-05 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 WW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of the Henry A. Fischer for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation ofR (Residential, I unit per acre) to a City designation ofLDR (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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment 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: See attached Schedule "A" containing 25.55 acres more orless. 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. EFFECTNE DATE. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Fla. Stat., whichever is applicable, and annexation of the property into the corporate limits of the City of Sebastian. If a final order of noncompliance is issued by the Administration Commission, this amendment may nonetheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department. PASSAGE UPON FffiST READING The foregoing Ordinance was moved for passage upon first reading this 12th day of January, 2005, by Councilmember Con i g 1 i 0 . The motion was seconded by Councilmember M 0 n i e r and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember aye aye aye aye ATTEST: ADOPTION The foregoing Ordinance was moved for adoption by Councilmember M 0 n i e r . The motion was seconded by Council member Bur k e e n and, upon being put to a vote, the vote was as follows: Mayor McCollum Vice-Mayor Burkeen Council member M 0 n i e r Councilmember Coy Council member N e g li a aye aye aye nay nay The Mayor thereupon declared this Ordinance duly passed and adopted this 24 t h day of Augus t ,200~. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: ORDINANCE 0-05-05 SCHEDULE A From the center of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, run South 89 degrees 32 minutes 01 seconds West along the North boundary of the Southwest quarter of Section 30 a distance of 1163.97 feet to the POINT OF BEGINNING; thence run South 00 degrees 09 minutes 57 seconds East a distance of 1336.24 feet to the quarter-quarter line; thence run South 89 degrees 50 minutes 0 I seconds West along said quarter-quarter line a distance of 835.12 feet; thence run North 00 degrees 05 minutes 51 seconds West a distance of 1331.88 feet to the North boundary of the Southwest quarter; thence run North 89 degrees 32 minutes 01 seconds East a distance of 833.55 feet to the POINT OF BEGINNING. LESS AND EXCEPT the Southern fifty (50) feet of the above-described property pursuant to Chancery Order Book 9, Page 564, in the Public Records of Indian River County, Florida