HomeMy WebLinkAboutO-12-03ORDINANCE NO. 0-12-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN;
AMENDING THE FUTURE LAND USE MAP TO DESIGNATE A LAND
USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR
LAND CONSISTING OF APPROXIMATELY 0.38 ACRES, LOCATED AT
1640 U.S. 1; PROVIDING FINDINGS; AUTHORIZING
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Richard Peacock for a
land use map amendment to change the land use designation for his property from its existing
Institutional (INS) to Riverfront Mixed Use (RMU); and
WHEREAS, the City Council has considered the criteria identiiied 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 Map, 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 0.38 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 reflect a land use designation of Riverfront Mixed
Use (RMU) for the real property described in the attached Exhibit "A" 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are hereby repealed.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 � i l lmo r
The motion was seconded by Councilmember wright and, upon being put to a
vote, the vote was as follows:
Mayor Jim Hill aye
Vice Mayor pon Wright aye
Councilmember Andrea Coy aye
Councilmember Richard Gillmor aye
Councilmember Bob McPartlan aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 11 th day of
April , 2012.
ATTEST:
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� � � ��—
Sally A. Mai , MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
B�:— -- -
May Jim Hill
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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,LEGAL OESCRIPTION
A PARCEI OF LANQ LYING IN SECTION 30. TOWNSHIP 30 SOUTH.
RANGE 38 EAST. (NDIAN RIVER COUNTY: FLORIDA. MORE
PARTICULARLY DESCRiBED AS FOLLOWS:
CQMMENCING AT THE SOUTHEAST CORNER OF THE INTERSECTION OF
NEW,U;S. HIGHWAY N0. 1 AND 9TN STREET. CITY 4F SEBASTIAN.
F�ORIDA. RUN SOUTN 9°57"30' EAST AI.ONG THE EAST
RIGHT—OF—WAY LINE OF NEW U.S. HIGHWAY N0. I. A pISTANCE
OF 885.13 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
SOUTH 9°S7`30" EAST ALONG SAID EAST RIGHT—OF—WAY LINE OF
NEW U.S: HIGHWAY N0. I. A DISTANCE OF ISO FEET: THENCE
RUN SOUTN 88°06'00` EAST ON A �IME PARALLEL WITH 9TH
STREE i. �i �7 i SZ�SivCE Or. y8 . a4 Ftt i Tu i Hk 'vYtST R i GH i—OF—VdAY
IINE OF NORTH CENTRA� AVENUE; THENCE RUN NORTH ALflNG 7NE
WEST RIGHT—OF-WAY �INE OF NORTH CENTRAL AVENUE. A DISTANCE
OF 146.88 FEET: THENCE RUN NORTH 88°06'40' WEST ON A �INE
PARALLEL WITH 9TH STREET. A DISTANCE OF 124.79 FEET T0,'THE
PQlNT OF BEGINNiNG: A�SO BEING A PORTION QF FLEMfNG GRANT
AS SNOWN ON A CERTAIN �IAP OF WAUREGAN OF FLEMING GRANT.
MADE BY S.B. CARTER AND FILED IN THE �AND RECORDS OF
BREVARD COUNTY: FLORIDA.
SAID LAND NOW LYING AND BEING SITUATE IN INDIAN RIVER •,
COUNTY. F�ORIDA
SUBJECT