HomeMy WebLinkAboutO-09-08ORDINANCE NO. 0 -09 -08
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
DESIGNATING AN INITIAL ZONING CLASSIFICATION OF
INDUSTRIAL (IN) FOR ANNEXED LAND WITH A PRIOR COUNTY
ZONING DESIGNATION OF RESIDENTIAL MOBILE HOME, 8 UNITS
PER ACRE (RMH -8) AND HEAVY COMMERCIAL (CH) FOR LAND
CONSISTING OF 5.9 ACRES, MORE OR LESS, SITUATED SOUTH OF
VICKERS ROAD (a.k.a 99 STREET) AND WEST OF THE F.E.C.
RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Bridgeton Real Fund 1, LP, 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 5.9 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 Industrial (IN).
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 Industrial (IN).
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 7. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction
of all conditions for the effectiveness of Ordinance 0- 09 -06.
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The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember G i l lmo r and,
upon being put to a vote, the vote was as follows:
Mayor Richard Gillmor aye
Vice Mayor Jim Hill aye
Councilmember Andrea B. Coy aye
Councilmember Eugene Wolff aye
Councilmember Don Wright
Sally A. M
City Clerk
MMC
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 16th day of
December 2009.
ATT. CITY OF SEBASTIAN, FLORIDA
Mayor Richard H. Gillmor
Approved as to form and legality for
reliance by the City of Sebastian:
_Z(//,
Robert A. Ginsburg, City Attorney
PARCEL 1
Less and Except the following described property:
Said Parcel containing 4.535 Acres More or Less.
EXHIBIT "A"
Page 1 of 3
LEGAL DESCRIPTION:
From the Southeast Corner of the Southwest 1/4 of Northeast 1/4 of
Section 20, Township 31 South, Range 39 East, Run North 00 °29'41"
East a Distance 17.45 Feet to the intersection of the West Right
of -Way of the F.E.C.R.R.; Thence run North 25 °38'36" West along
said West Right -of -Way a distance of 450 Feet to the point of
beginning; Thence continue North 25 38'36" West along said West
Right -of -Way a distance of 592.36 Feet; Thence run South 64 °21'36"
West a distance of 150.00 Feet; Thence run North 25 38'36" West a
distance of 438.21 Feet; Thence run South 89 49'27" West a distance
of 116.07 Feet; Thence run South 25 °38'36" East a distance of
498.12 Feet; Thence run North 64 21'24" East a distance of 65.21
Feet; Thence run South 25 38'36" East a distance of 509.97 Feet;
Thence run South 00 °17'14" East a distance of 362.06 Feet; Thence
run South 58 °48'28" East a distance of 59.88 Feet; Thence run North
89 °42'46" East a distance of 70.51 Feet; Thence run North 00 17'14"
West a distance of 354.32 Feet; Thence run on a Circular Curve with
a radius of 295.00 Feet Concave to the West a distance of 16.31
Feet; Thence run North 64 °21'24" East a distance of 89.84 Feet to
the West Right -of -Way of the F.E.C.R.R. and P.O.B.
Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit
II, According to the Unrecorded plat thereof being more
particularly described as follows: Begin at the platted Northeast
Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit -I
as shown on the plat thereof, Recorded in plat book 9, page 34 of
the public records of Indian River County, Florida; Thence South
64 °21'34" West along the platted Northerly line of said Tract 6,
89.82 Feet to a point on a curve concave to the West having a
radius of 295.00 Feet, a radial line from said point bears South
86 °32'43" West; Thence Northwesterly along the arc of said 295 Foot
radius curve through a central angle of 14 °54'47" a distance of
76.79 Feet, thence North 64 °05'13" East, 70.34 Feet to the West
Right -of -Way of the F.E.C.R.R. Right -of -Way; Thence South
25 °54'57" East along said West Right -of -Way line 74.05 Feet to the
P.O.B.; Subject to an easement for ingress and egress over the
Easterly 15 Thereof.
PARCEL 2
LEGAL DESCRIPTION:
Subject to Existing Public Highways.
Said Parcel Containing 1.4 Acres more or less.
EXHIBIT "A"
Page 2 of 3
Beginning at the Intersection of the North Line of the Southwest
Quarter of the Northeast Quarter of Section 20, Township 31 South,
Range 39 East, with the Westerly Right -of -Way limit of Florida East
Coast Railway (Said Right -of -Way Limit being 50 Feet Westerly from
and parallel to the centerline of the original Main Track of said
Florida East Coast Railway); Thence Southeasterly, along said
Westerly Right -of -Way Limit, 400 Feet; Thence Southwesterly, at
right angles to said Westerly Right -of -Way limit, 150 Feet; Thence
Northwesterly 150 Feet Westerly from and parallel to said Westerly
Right -of -Way limit, to a point in said North line of Said Southwest
Quarter of Northeast Quarter of Section 20, Thence East along said
North Line to the Point of Beginning.
EXHIBIT "A"
Page 3 of 3