Loading...
HomeMy WebLinkAboutO-05-22 r- ORDINANCE NO. 0-05-22 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS LIMITED COMMERCIAL (CL) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, S&S Enterprises, Inc./FLP #2, LLC, 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 has 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 3.3 acres more or less as depicted on the attached sketch. Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Commercial General (CG). 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 or unconstitutional, 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 or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. 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 Council member Andrea Coy Councilmember Sal Neglia aye aye aye aye aye ..'~, " ~,I The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005. CITY OF SEBASTIAN, FLORIDA By: ATTEST: (/'rYJ- ...... Approved as to form and legality for reliance by the City of Sebastian only: (PARCEL 1) (PARCEL 2) - SCH~DULE "A" Oescriptiori'of Survey S,ite DESCRIPTION AS RECORDED IN OffiCIAL REOORDS BOOK 7786. PAGE 178, INDIAN RIVER COUNTY, FLAP/J.SUC RECORDS That part of the East 706,40 'fe~t of the North one half of. t~~ Southeast quarter of Section 22, . TownshIp 31 South, Range 38 East, North of State Road 512 lying South of .the Trans-F1orida-Central..Railroad, Indian River County, Florida, known as Lots 1,2.3, & 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. acres more or less, LESS AND EXCEPT all . of Lot 1 and. the Ecist 50' of Lot 2. TOGETHER WITH ' DESCRIPTION PROVIDED BY CUENT The, Northerly 50 feet of Tract "A", Lot 1,. and Lot 2" RO!11.ar Subdivision as recorded in Plat Book 10, Page 31, of the Public Records of Indian River County, Florida, described as follows:, '. Commencing at the Southeast corner of saiQ 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 o,{ beginning so fixed, South 80.30'58" West, 253,34 feet along a line parallel 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-way line of the abandoned Trans Florida Central Railroad; , " . thence South 00'10 00 East, 50,00 feet to. the POINT OF BEGINNING.