HomeMy WebLinkAboutO-09-10ORDINANCE NO.0-09-10
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
(RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE
DESIGNATION OF LOW-DENSITY RESIDENTIAL, UP TO 6 UNITS
PER ACRE (L-2) FOR LAND CONSISTING OF 3 ACRES, MORE OR
LESS, SITUATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE
HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH;
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 James Mustacchia for a
land use amendment to designate an initial land use for certain property considered for
annexation from its existing County Future Land Use Map designation of Low-Density
Residential, up to 6 units per acre (L-2) 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 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 Exhibit "A"
containing 3 acres more or less as depicted on the map within said Exhibit "A".
Section 2. LAND USE DESIGNATION. The real property described in the
attached Exhibit "A" is hereby given a City land use designation of Riverfront Mixed Use
(RMU).
Section 3. COMPREHENSIVE LAND USE MAP. The Comprehensive Plan
Future Land Use Map shall be amended to include the real property described in the attached
Exhibit "A", and reflect its designated land use as Riverfront Mixed Use (RMU) in accordance
with the requirements of Florida law.
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 immediately upon
its adoption.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put to a
vote, the vote was as follows:
Mayor Richard Gillmor
Vice Mayor Jim Hill
Councilmember Andrea B. Coy
Councilmember Dale I. Simchick
Councilmember Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and
2009.
_ day of
ATTEST: CITY OF SEBASTIAN, FLORIDA
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Sally A. M ' , MMC Mayor Richard Gillmor
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian:
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Robert A. Ginsburg, City Attorney
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_ Exhibit "A"
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Exhibit "A" ;,
Description fy° ~
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That part of Lot 20, of WAUREGAN SUBDIVISION, lying East of Wauregan A~nue West of U.S. Highway No. 1;
LESS the West 200 feet thereof, also described as follows: Begin •at the Point of Beginning formed by the
intersection of the Westerly boundary of U.S: Highway No.'1, with the Southeasterly boundary of Lot 20,
Wauregan; thence proceed Northwesterly along the Westerly right of way of U.S. Highway No. 1, a distance of
318.8 feet; thence proceed, Southwesterly along the common boundary between Lot 20 and 19 (Wauregan).a
distance of 440.77 feet; thence proceed Southeasterly on a line parallel to the Easterly right of way of Wauregan
Avenue a distance of 315.19 feet; thence proceed Northeasterly along the common boundary between Lot 20 and
21 (Wauregan) a distance of 391.18 feet to the Point of Beginni , ,11 in WAUREGAN, Fleming Grant, according
to the plat filed in the office. of the clerk of the circuit court of Br ar County, Florida, in Plat Book 1, Page 75;
and refiled in Plat Book 1, Page 178 and '1~9, public Records f St. Lucie County, Florida; said land lying and
being in Indian River County, Florida, Less and except road,. ghts of Way,
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MUSTACCHIA ANNEXATION
Exhibit "A"
Page 2 of 2
Home Depot
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Shady Rest
Mobile Home Park
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Catholic Church
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Wal Mart