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Home My WebLink AboutO-08-10ORDINANCE NO.O-08-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE COMPREHENSIVE PLAN -GOALS, OBJECTIVES & POLICIES AND DATA INVENTORY & ANALYSIS, FOR THE FOLLOWING ELEMENTS: FUTURE LAND USE, HOUSING, TRANSPORTATION, PUBLIC SCHOOL FACILITIES, CAPITAL IlVIPROVEMENTS AND INTERGOVERNMENTAL COORDINATION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the City of Sebastian's Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian, acting as the Local Planning Agency, held a public hearing at its October 16, 2008 meeting to consider the Comprehensive Plan amendment and recommended that City Council adopt the same; 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 adopted Ordinance 0-09-01 on January 28, 2009, amending the Capital Improvements Element; and after review by the Department of Community Affairs was found to be in compliance with Chapter 163, Part II, Florida Statutes on March 22, 2009; and WHEREAS, the Department of Community Affairs has reviewed the proposed amendment and issued their Objections, Recommendations and Comments (ORC) report dated March 6, 2009; and WHEREAS, modifications have been made to the proposed amendment in response to the ORC report; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. COMPREHENSIVE PLAN AMENDMENT. The amendment to the City of Sebastian Comprehensive Plan is hereby adopted amending the Goals, Objectives & Policies and Data Inventory & Analysis for the following elements: Future Land Use, Housing, Transportation, Public School Facilities, Capital Improvements, and Intergovernmental Coordination, as set forth in the attached Exhibit "A". The City also adopts the School District of Indian River County Education Facilities Survey dated June 2008, the Indian River County School District 5-Year District Facilities Work Program 2008-2009 through 2012-2013 adopted September 23, 2008, and the Indian River County Interlocal Agreement for Coordinated Planning and School Concurrency dated March 1, 2008, by reference. Section 2. DESIGNATION. The Comprehensive Plan Land Use Map for the City of Sebastian shall be amended, as set forth in the attached Exhibit "B" 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 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. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this lothday of December , 2008, by Councilmember coy .The motion was seconded by Councilmember simchick and, upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice-Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff aye aye aye aye aye ATT Sally A. Ma' , MMC City Clerl ADOPTION The foregoing Ordinance was moved for adoption by Councilmember simchick . The motion was seconded by Councilmember x i 11 and, upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice-Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff ~? aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 22ndday of April , 2009. CITY OF SEBASTIAN, FLORIDA Richard Gillmor, Mayor ATT ~~~ _ ~~ Sally A. M o, MMC City Cler Approved as to form and legality for Reliance by the City of Sebastian only: ~~ Robert A. Ginsburg, City A orney This ordinance is effective the day of , 2009, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Community Affairs. n, r ~. t ;t+a{~~ ..w~ ~ •~ ~, i . 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 09-2 (previously 09-1), adopted by Ordinance Number 0-08-10 on April 22, 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. ~ ",. co -~-, ~ ~ - *~ z ~ -~ rv a c~ N ~ ~ n rn _.. '17 -i ~ -.. ~ -.~Dr i ~_~ N rte-- -1 m <> 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-210_ ~ W= 850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us • COMMUNITY PLANNING 850-48&2356 (p) 850-488-3309 (f) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850.921-1747 (i) • HOUSING AND COMMUNITY DEVELOPMENT 850-486-7956 (p) 850-922-5623 (i) • 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. Sincerel , '~1 ~~e~ 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 COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND CITY OF SEBASTIAN COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET N0.09-1-NOI-3105-(A)-(n 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 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Sebastian Comprehensive Plan Amendments and the Department's Objections, Recommendations and Comments Report (if arry) 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 Maiun Street, Sebastian, Florida 32958-4165. Arry 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 In 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 include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition 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 auy 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 recommended order to the Department. If no petition is Sled, 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 arty 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 hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(x), F.S., to any 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. I~~ ~ ~~ ~ Mike McDaniel, Chief Office of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100