HomeMy WebLinkAboutO-13-05 ORDINANCE NO. 0-13-05
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
INDUSTRIAL (IND) 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 2.45 ACRES, MORE OR LESS, LOCATED AT
11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C.
RAILROAD; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council has considered the application by Thomas Saam,
agent for Timothy Freeman, for a land use amendment to designate an initial land use for
certain property considered for annexation from its existing Indian River County Future
Land Use Map designation of Low-Density Residential, up to 6 units per acre (L-2) to a
City designation of Industrial (IND); and
WHEREAS, the City Council has considered the applicable provisions of the
existing Sebastian Comprehensive Land Use Plan, the Sebastian 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 determined that the proposed changes in the
Sebastian Comprehensive Land Use Plan are consistent with the existing comprehensive
plan and the future development goals of the City of Sebastian; and
WHEREAS, the City Council has provided notice of the proposed plan
amendment and has conducted the required public hearings to receive citizen input.
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 2.45 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 Industrial (IND).
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 Industrial (IND) 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 31 days
after its adoption.
The foregoing Ordinance was moved for adoption by Councilmember
Jim Hill The motion was seconded by Councilmember
Jerome Adams and, upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan aye
Vice Mayor Don Wright aye
Councilmember Jerome Adams aye
Councilmember Andrea Coy aye
Councilmember Jim Hill aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of
August , 2013.
CITY OF SEBASTIAN FLORIDA
)1
Mayor Bob McPartlan
ATTEST:
Sally A. Mai., MMC
City Cler.
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
Exhibit "A"
Page 1 of 2
LEGAL DESCRIPTION:
(PER FIDELITY NATIONAL TITLE COMMITMENT FILE NO.179-65414)
THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 7,TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING WEST OF OLD DIXIE HIGHWAY.
THE SOUTH LINE OF PROPERTY HEREBY CONVEYED IS A LINE EXACTLY MIDWAY BETWEEN
THE NORTH LINE AND THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4. SAID LAND LYING, BEING AND SITUATE IN INDIAN RIVER COUNTY.
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