Loading...
HomeMy WebLinkAboutO-07-03ORDINANCE NO.0-07-03 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 GENERAL COMMERCIAL (CG) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Vero Mini Storage, 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 3.87 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 0-07-01. The foregoing Ordinance was moved for adoption by Paternoster .The motion was seconded by Councilmember Neglia upon being put to a vote, the vote was as follows: and, Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff Councilmember aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of March , 2007. ATTEST: .~~- . ~~ Sally A. M ' , MMC City Cl CITY OF SEBASTIAN, FLORIDA B ~~ / Y~ Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: ~~ Ric Strin er, City A rney EXHIBIT "A" DESCRIPTION PARCEL THAT PoRT1oN of THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED iN THAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED iN OFFICIAL RECORD BOOK 1401. PAGE 2456 OF THE PUBLIC RECOR05 OF INDIAN RIVER COUNTY. FLORIDA. THE 50UTH i65 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST i/4 OF•THE NORTHEAST.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 50UTHWES7 CORNER OF THE SOUTH i/2 OF THE SOUTHEAST I/4 OF THE NORTHEAST I/4 OF 5AIp SECT10N,20: THENCE RUN NORTH 165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST. RIGHT OF .WAY LINE OF U5 HIGHWAY I: THENCE soUTHEASTERLY ALONG SAID RIGHT of WAY LINE, A DISTANCE OF !83.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LES5 RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO LESS THE RIGHT OF WAY FOR - U5 HIGHWAY I AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED•BOOK 111. PAGE 495 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. ANb PARCEL 2 THAT PORTION OF. THE FOLLOWING LYING 50UTH OF THE WESTERLY PROJECTION OF• • THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT A5 RECORDED IN - OFFICIAL RECORD BOOK 1401. PAGE 2455 OF,7HE PUBLIC RECORDS OF INDIAN RIVER • .COUNTY. FLORIDA. ~ , ••THE SOUTH 165 FEET OF THE SOUTH I/2 OF.TNE•SOUTHEA$T 1/4 OF THE NORTHEAST I/4 OF SECTION 20 ,-TOWNSHIP 3i 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 i/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST t/4 OF SAID SECTION 20: THENCE RUN NORTH - 185.06 FEET: .THENCE RUN EAST I1o4.75 FEET TO THE WEST•RIGHT of WAY LENE of Us HIGHWAY l: THENCE 50UTHEASTERLY ALONG SAID RIGHT OF WAY LINE. A DISTANCE - OF 1$3.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING, LE5$ RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND AL50.LESB THfi RIGHT OF WAY FOR US HIGHWAY I~ A5 RECORDED iN DEED BOOK 107. PAGE 331 AND DEED BOOK Ill. PAGE ..~ 495 OF-THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA.