HomeMy WebLinkAboutO-09-11ORDINANCE NO.O-09-11
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 OF RESIDENTIAL MULTI-
FAMILY, UP TO 6 UNITS PER ACRE (RM-6) 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; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, James Mustacchia 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 Exhibit "A"
containing 3 acres more or less as depicted on the map within said Exhibit "A".
Section 2. REZONING. The real property described in the attached Exhibit "A" is
hereby given an initial City zoning designation of Commercial Riverfront (CR).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to
include the real property described in the attached Exhibit "A" and reflect its designated zoning
district as Commercial Riverfront (CR).
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 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
T e 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 Ma or ereupon declared this Ordinance duly passed and
2009.
ATTEST:
.~~~=
Sally A~olaio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
r
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ayor Richard Gillmor
Approved as to form and legality for
reliance by the City of Sebastian:
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Robert A. Ginsburg, City Attorney
day of
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• Exhibit "A"
Page 1 of 2
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Exhibit "A" ;,
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Description 1~'
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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 Ilse 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 II 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 (n Plat Book 1, Page 178 and'179, public Records f St. Lucie County, Florida; said land lying and
being in Indian River County, Florida. Less and except road is of Way.
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MUSTACCHIA ANNEXATION
Exhibit ``A"
Page 2 of 2
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