HomeMy WebLinkAboutO-05-21
ORDINANCE NO. 0-05-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE
FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE
CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WIm A
PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL
(CII) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT
THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS
510 & 512; 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 S&S Enterprises,
Inc,/FLP #2, LLC for an amendment to designate an initial land use for certain property
considered for annexation from its existing County Future Land Use Map designation of
Commercial Industrial (C/I) to a designation of Commercial General (CG) in the City; 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 Plan, are consistent with the existing comprehensive plan and the
future development goals of the City of ~~tian.
NOW, THEREFO~, BEll'.ORDAINED BY THE,qIY C~CIL OF THE
CITY OF SEBASTIAN, INDLU( IttVER COUNTY, FLORIDA, as follows:
.".,.... .. I
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, now lying and being within the incorporated area of the City of Sebastian, Indian River
County, Florida:
See attached Schedule" A"
containing 3.3 acres more or less as depicted on the attached sketch.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate said property as Commercial General
(CG) in accordance with the requirements of Florida law.
Section 3. CONFLICT. All ordinances or parts of~rdinances in conflict herewith
are hereby repealed.
Section 4. 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 5. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction
of all conditions for the effectiveness of Ordinance 0-05-20.
The foregoing Ordinance was moved for adoption by Councilmember M 0 n i e r
The motion was seconded by Councilmember Bur k e en and, upon being put to a
vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice-Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
aye
aye
aye
aye
aye
I.' , '"''
'"1
The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of
December, 2005.
CITY OF SEBASTIAN, FLORIDA
BY~
#'Mayor Nathan B. McCollum
ATTEST:
Approved as to form and legality for
reliance by the City of Sebastian only:
(PARCEL 1)
(PARCEL 2)
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SC~DULE "A"
.OescriptiOri'.of S~rvey S~e
DESCRIPTION AS RECORDED IN OffiCIAL REOORDS BOOK 7786.
PAGE 178. INDIAN RIVER COUNTY, FLA. .PlJ.BUC RECORDS,
That part of the East 706,40 .feet of the North one half of. t~~ Southeast
quarter of Section 22. ,Township 31 South. Range 38 East.. ~orth of
State Road 512 lying 'South of ,the Trans-F1orida-Central-'Railroad.
Indian River County. Florida. known as Lots 1.2i3. & 4' of the ,'the
Romar Subdivision according to plat thereof filed in Plat' Book 10.
Page 31. Records of Indian River County. containing 4.091. actes more
. or less. LESS AND EXCEP.T all 'of Lot 1 and. the East 50' of Lot 2.
TOGETHtR WITH
DESCRIPTION PROVIDED BY CUENT
The, Northerly 50 feet of Tract "A". Lot 1,' and Lot 2., Ro~~r Subdivision
as recorded in Plat Book 1 0, Page 31. of the Public Records of Indian
River County. Florida. described as follows:, .' .
Commencing at the Southeast corner of said lot 1. run North 00.10'00"
West. 261,28 feet along the Westerly limit of., Waterview Avenue to. the,
POINT OF BEGINNING; thence from a point of beginning so fixed. South
80.30'58" West. 253,34 feet along a line pafallel to the Southerly .Ri~ht-
,of-Way of abandoned Trans Florida Central Railroad; thence North 00.1000"
West, 50.00 feet; thence North 80.30'58" East. 253.34 f~et along the
Southerly Right-of-w?y llne of the a~andoned Trans Florida Central Railroad;
thence South 00.10 00 East, 50,00 feet to, the POINT OF BEGINNING.