HomeMy WebLinkAboutO-08-02ORDINANCE NO.O-08-02
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 RIVERFRONT MIXED USE
(RMI)) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE
DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER
ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.14 ACRES, MORE
OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST
MOBILE HOME PARK; 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 Shady Rest Mobile
Home Park, for an amendment to designate an initial land use for certain property considered for
annexation from its existing County land use designation as Mobile Home Rental Park, 8 Units
Per Acre (MHRP/M-1) to a City designation of Riverfront Mixed Use (RMU); 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 Map, 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 foliows:
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 Exhibit "A "
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as Riverfront Mixed Use
(RMU) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
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
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 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance, and annexation of the
property into the corporate limits of the City of Sebastian.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 11 thday of
June , 2008, by Councilmember Neglia
Councilmember Simchick
Mayor Andrea Coy
Vice-Mayor Sal Neglia
Councilmember Al Paternoster
Councilmember Dale Simchick
Councilmember Eugene Wolff
and, upon being put to a vote, the vote was as follows:
aye
nay
aye
nay
ATTEST:
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Sally A. Ma' , MMC
City Cler
n nnu~rTniv
The foregoing Ordinance was moved for adoption by
motion was seconded by Councilmember
the vote was as follows:
Mayor Andrea Coy
Vice-Mayor Sal Negli
Councilmember aternoster
Councilmem ale Simchick
Council tuber Eugene Wolff
The
and, upon being put to a vote,
The Mayor ~eupon declared this Ordinance duly passed and adopted this
200
.The motion was seconded by
day of
See page attached for correction to Council Member names and final adoption date.
The foregoing Ordinance was moved for passag
2008, by Councilmember
Councilmember and, upo eing
Mayor Andrea Coy
Vice-Mayor Sal Neglia
Councilmember Al ernoster
Councilmember ale Simchick
Councilme er Eugene Wolff
ATTEST:
e upo first reading this day of
. The motion was seconded by
put to a vote, the vote was as follows:
Sally A. Maio, CMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember x i 11 .The
motion was seconded by Councilmember Coy and, upon being put to a vote,
the vote was as follows:
Mayor Richard H. Gillmor aye
Vice-Mayor Jim Hill aye
Councilmember Andrea B. Coy aye
Councilmember Dale I. Simchick nay
Councilmember Eugene Wolff nay
The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of
March , 200 9 .
CITY OF SEBASTIAN, FLORIDA
ATTEST:
.~
Sally A. Ma' , MMC
City Clerk
r
A
By
a or
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attorney
LEGAL DESCRIPTION
PARCEL 1
ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION,
LYING WEST OF THE WEST RIGHT-OF-WAY UNE OF U. S. HIGHWAY 1,
ACCORDING TO PLAT OF WAUREGAN FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK
1, PAGE 75; AND REFILED IN PLAT BOOK 1, PAGES 178 AND 179,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND LYING
AND BEING 1N INDIAN RIVER COUNTY, FLORIDA.
PARCEL 2:
THAT PART OF LOT 20 OF WAUREGAN SUBDIVISION LYING EASTERLY OF
WAUREGAN AVENUE AND WESTERLY OF U.S. HIGHWAY 1 AS FOLLOWS:
BEGIN .4T THE POINT OF BEGINNING FORMED BY THE INTERSECTION OF
THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE IN WAUREGAN
SUBDIVISION, SECTION 30 OF. FLEMING GRANT. AT A CONCRETE
MONUMENT MARKING THE BOUNDARY BETWEEN LGTS 20 AND 21; THENCE
RUN NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY OF WAUREGAN
A1/ENUE A DISTANCE OF 315.19' TO THE NORTHERLY LINE OF SAID LOT
20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY LINE BETWEEN LOTS
19 AND 20 A DISTANCE OF 200' TO A CONCRETE' MONUMENT;. THENCE RUN
SOUTHE~ISIERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON
THE SOUTHERLY LOT UNE OF LOT 20, WHICH IS 200' EASTERLY OF THE
POINT OF 8EGINNING; THENCE RUN 'SOUTHWESTERLY ON THE BOUNDARY
LINE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO THE POINT OF
BEGINNING.
ALL IN WAUREGAN, FLEMING GRANT; ACCORDING TO PLAT FILED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY,
FLORIDA. IN PLAT BOOK 1, PAGE 75; AND REFILEn IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, 1N
PLAT BOOK 1, PAGES 178 AND 179; SAID LAND LYING AND BEING IN
INDIAN RIVER COUNTY, FLORIDA.
EXHIBIT."A"
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
June 18, 2009
The Honorable Richard H. Gillmor
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958-4165
Dear Mayor Gillmor:
THOMAS G. PELHAM
Secretary
The Department of Community Affairs has completed its review of the City of Sebastian
Comprehensive Plan Amendment DCA Number 09-1 adopted by Ordinance Number 0-08-02 on
March 25, 2009 and determined that it meets the requirements of Chapter 163, Part II, Florida
Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is
issuing a Notice of Intent to find the Comprehensive Plan Amendment in compliance. The
Notice of Intent has been sent to the Vero Beach Press Journal for publication on June 19, 2009.
The Department's Notice of Intent to find a plan amendment in compliance shall be
deemed to be a final order if no timely petition challenging the amendment is filed. Any affected
person may file a petition with the agency within 21 days after the publication of the Notice of
Intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a
development, dependent on the amendment may be issued or commence before the plan
amendment takes effect. Please be advised that Section 163.3184(8)(c)2, F.S., requires a local
government that has an Internet site to post a copy of the Department's Notice of Intent on the
site within 5 days after receipt of the mailed copy of the Notice of Intent.
Please note that copies of the adopted City of Sebastian Comprehensive Plan Amendment
and the Notice of Intent must be available for public inspection Monday through Friday, except
for legal holidays, during normal business hours at the City of Sebastian, Clerk's Office and
Growth Management Department, 1225 Main Street, Sebastian, Florida 32958-4165.
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2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-21~ ~ z
850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us t--a ~
• COMMUNITY PLANNING 850.488-2356 (p) 850-488-3309 (f) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (f)
• HOUSING AND COMMUNITY DEVELOPMENT 850.488-7956 (p) B50-9225823 (f)
The Honorable Richard H. Gillmor
June 18, 2009
Page 2
If this in compliance determination is challenged by an affected person, you will have the
option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to
resolve this matter through mediation, you must file the request for mediation with the
administrative law judge assigned by the Division of Administrative Hearings. The choice of
mediation will not affect the right of any party to an administrative hearing.
If you have any questions, please contact Laura Regalado, Community Planner, at (850)
921-3762.
Sincerely
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/lmr
Enclosure: Notice of Intent
cc: Mr. Al Minner, City Manager, City of Sebastian
Ms. Rebecca Grohall, AICP, Growth Management Director, City of Sebastian
Mr. Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COIti~IMUNiTY AFFAIRS
NOTICE OF INTENT TO FIND
CITY OF SEBASTIAN
COMPREHENSIVE PLAN AMENDMENTS
INCOMPLIANCE
DOCKET N0.09-1-NOI-3105-(A)-(I)
DOCKET N0.09-2-NOI-3105-(A)-(I)
The Department gives notice of its intent to find the Amendments to the Comprehensive Plan
for the City of Sebastian, adopted by Ordinance No. 0-82-02 on March 25, 2009, and Ordinance No. 0-08-
10, on April 22, 2009, IN COMPLIANCE, pursuant to Sections 163.3 184, 163.3187 and 163.31$9, F.S.
The adopted City of Sebastian Comprehensive Plan Amendments and the Department's Objections,
Recommendations and Commea~ts Report (if any) are available for public inspection Monday through Friday,
except for legal holidays, during normal business hours, at the City of Sebastian, City Clerk's Office and
Growth Management Department, 1225 Main Street, Sebastian, Florida 32958-4165.
Auy affected person, as defined in Section 163.3184, F.S., has a right to petition for an administra-
tive hearing to challenge the. proposed agency determination that the Amendments to the City of Sebastian
Comprehensive Plan are 1n Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be
filed within twenty-one (21) days after publication of this notice, and must incha~ all of the information and
contents described in Uniform Rule 28-106.201, F.A.C. The petitioa must be filed with the Agency Clerk,
Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a
copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of
airy right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If
a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and
forward a ceded order to the Department. If no petition is filed, this Notice of Intent shall become
final agency action.
If a petition is filed, other affected persons may petition for leave to intervene in the proceeding.
A petition for intervention must be filed at least twenty (20) days before the final hearing and must include
all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative Hearings, Department of Management Services,
1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time frame constitutes a waiver of airy right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate in the administrative hearing.
After an administrative heazing petition is timely filed, mediation is available pursuant to Subsection
163.3189(3xa), F.S., to arty affected person who is made a party to the proceeding by filing that request with
the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation
shall not affect a party's right to an administrative hearing.
Mike McDaniel, Chef
Office of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumazd Oak Boulevard
Tallahassee, Florida 32399-2100