HomeMy WebLinkAboutO-13-06 ORDINANCE NO. 0-13-06
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 MULTI-
FAMILY, UP TO 6 UNITS PER ACRE (RM-6) 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; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Thomas Saam, agent for Timothy Freeman, 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.
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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 2.45 acres more or less as depicted on the map within said Exhibit"A".
Section 2. REZONING. The real ro ert described in the attached Exhibit
P p Y
"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 31 days
after its adoption.
The foregoing Ordinance was moved for adoption by Councilmember
Jim Hill The motion was seconded by Councilmember
Andrea Coy 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, LORIDA
Mayor Bob McPartlan
ATT .
//
Sally A. Maio MMC
City Clerk
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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Exhibit "A"
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Page 2 of 2
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