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HomeMy WebLinkAboutO-08-03ORDINANCE NO.O-08-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMIi-8) FOR LAND CONSISTING OF 17.14 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Shady Rest Mobile Home Park, 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 as 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 Exhibit "A ". Section 2. ZONING MAP. Zoning on subject property is hereby granted the Commercial Riverfront (CR) zoning designation. 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 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 of the City of Sebastian did not intend to enact such invalid or unconstitutional 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 6. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective concurrent with the effectiveness of Ordinance 0-08-01. Hill The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember ~~Y 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 ATTEST: J ~,~~ - Sally A. Ma' , ~?MC City Clerk CITY OF SEBASTIAN, FLORIDA a B ayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City orney LEGAL DESCRIP770N PARCEL 1: ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION. LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U. S. HIGHWAY 1, ACCORDING TO PLAT OF WAUREGAN FILED IN 1HE 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 COUNIY, FLORIDA; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THAT PART OF LOT 20 OF WAUREGAN SUBDIVISION LUNG EASTERLY OF WAUREGAN AVENUE AND WESTERLY OF U.S. HIGHWAY 1 AS FOLLOWS: BEGIN .4 T 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 CONCREIF MONUMENT MARKING 7HE 80UNDARY BETWEEN LOTS 20 AND 21; THENCE RUN NORTHWESTERLY ALONG 7HE EASTERLY RIGHT-OF-WAY OF WAUREGAN AVENUE A DISTANCE OF 315.19' TO 7HE NORTHERLY LINE OF SAID LOT 20; THENCE RUN NORTNEASTI=RLY ON 7NE BOUNDARY UNE BETWEEN LOTS 19 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT; THENCE RUN SOUTHE~ISTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON THE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF 7HE POINT OF BEGINNING; THENCE RUN •SOUTHWESTERLY ON THE 80UNDARY UNE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO 7HE 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 REF1LEn IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 1, PAGES 178 AND 179; SAID LAND LYING AND 8E1NG IN INDIAN RIVER COUNTY, FLORIDA. EXHIBIT."A"