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ORDINANCE NO. 0-05-06
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 LAND USE
DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND
CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR
POWERLINE ROAD SOUTH OF BARBER STREET AND KNOWN AS CROSS
CREEK SUBDIVISION PHASE II; PROVIDING FOR CONFLICT,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, Henry A. Fischer has filed a petition for amendment to the Zoning
Ordinance; and
WHEREAS, the City Council has provided notice of the proposed wning 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 pattern.
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 ordinance shall affect the following described real property, now 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 or less.
Section 2. REZONING. The real property described above is hereby given an initial
City zoning designation of Residential Single-Family (RS-IO).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to
include the subject property and reflect this designated zoning district.
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
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 ofthe 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 0-05-04.
The foregoing Ordinance was moved for adoption
M 0 n i e r . The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
by Councilmember
Burkeen and,
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
aye
aye
aye
yes
nay
August
The Mayor thereupon declared this Ordinance duly passed and adopted this 24 t h day of ~
2005.
By:
~.
ATTEST:
~
Approved as to form and legality for
reliance by the City of Sebastian only:
ORDINANCE NO. 0-05-06
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 POillT OF
BEGmNmG; 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 01
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 833.5 5 feet to the POillT OF BEGmNmG.
LESS AN.[) 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