HomeMy WebLinkAboutO-07-02ORDINANCE NO.0-O7-02
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 WITH A
PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL
(C/I) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED
NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET;
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 Vero Mini Storage, 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 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 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 3.87 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 ordinances 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are hereby repealed.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 0-07-01.
The foregoing Ordinance was moved for adoption by Councilmember Neg 1 is
The motion was seconded by Councilmember Paternoster and, upon being put to a
vote, the vote was as follows:
Mayor Andrea Coy aye
Vice Mayor Sal Neglia afire
Councilmember Al Paternoster aye
Councilmember Dale Simchick aye
Councilmember Eugene Wolff aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of
March , 2007.
ATTEST:
`%~ J ~ .
Sally A. Mai , MMC
City Cler
CITY OF SEBASTIAN, FLOR7IDA
J
By:
Mayor Andrea Coy
Approved as to form and legality for
reliance by the City of Sebastian:
Ric Stringer, City A o ey
EXHIBIT "A"
DESCRIPTION
PARCEL 1
THAT PORTION OF THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED IN THAT
CERTAIN 80UNDARY LINE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1401.
PAGE 2456 OF THE PUBLIC RECOR05 OF INDIAN RIVER CDUNTY. FLORIDA.
THE SOUTH 165 FEET OF THE SOUTH i/2 OF THE SOUTHEAST I/4 OF•THE NURTHEAST•I'/4
OF SECTION 20. TOWNSHIP 31 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA.
LYING WEST.OF US HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF BEGINNING BEGIN AT THE 50UTHWEST CORNER OF THE SOUTH 1/2 OF
THE SOUTHEAST i/4 OF THE NORTHEAST 1/4 OF SAID SECT10N,20: THENCE RUN NORTH
165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE HiEST. RIGHT OF.WAY LINE OF US
HIGHWAY I: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE. A DISTANCE
OF 183.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LESS RIGHT OF
WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO LESS THE RIGHT OF WAY FOR -
US HIGHWAY 1 AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED•BOOK III. PAGE
495 OF•THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLaR1DA. .
AND
PARCEL 2
THAT PORTION OF. THE FOLLOWING LYING SOUTH OF THE WESTERLY PROJECTION OF•
THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT A5 RECORDED IN •
OFFICIAL RECORD BOOK 1401. PAGE 2455 OF. THE PUBLIC RECORDS OF INDIAN RIVER
.COUNTY. FLORIDA.
••THE SOUTH 165 FEET OF THE SOUTH I/2 OF.TNE•SOUTHEA$T I/4 OF THE NORTHEAST I/4
OF SECTION 20.~TOWNSHIP 3i SOUTH. .RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA.
LYING WEST OF U5 HIGHWAY 1, MORE PARTICULARLY DESCRIBED A5 FOLLOWS:
FOR A POINT.OF BEGINNING BEGIN AT THE SOUTHWEST CORNER OF THE SOUTH 1/2 OF
THE SOUTHEAST 1/4 OF THE NORTHEAST I/4 OF SAID SECTION 20: THENCE RUN NORTH
• Ib5,0U FEET: .THENCE RUN EAST 1104.75 FE~T TO THE WEST-RIGHT OF WAY LINE OF US
- HIGHWAY l: THENCE SOUTHEASTERLY ALONG S ID RIGHT OF WAY LINE. A DISTANCE -
- OF 183.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LE5$ RIGHT OF
WAY OF THE FLORIDA EAST COAST RAILWAY AND AL50.LES5 THfi RIGHT OF WAY FOR
U5 HIGHWAY f~ A5 RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK III. PAGE ..~
. 495 OF-THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA.