HomeMy WebLinkAboutO-13-08 ORDINANCE NO. 0-13-08
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
INSTITUTIONAL (INS) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION OF RESIDENTIAL, UP TO
8 UNITS PER ACRE (M-1) FOR LAND CONSISTING OF 1.43
ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND
LYING ADJACENT TO AND NORTH OF THE SEBASTIAN
CEMETERY; 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 Al Minner, City
Manager of the City of Sebastian, 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 Residential, 8 units per acre (M-1) to a City
designation of Institutional (INS); 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
g
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 1.43 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 Institutional (INS).
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 Institutional (INS) 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
Andrea Coy The motion was seconded by Councilmember
Don Wright 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
27,1Z-
Mayor Bob McPartlan
ATTES
0
_ )1 '-
Sally A. Maio MC
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:
Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming
Grant at a concrete monument marking the boundary between Lots 25 and 26
of Wauregan, for point of beginning; thence run Southwesterly along the
boundary between Lots 25 and 26 of Wauregan 322 .38 feet to the Easterly
right-of-way of U.S. Highway No. 1 (120 foot highway width) ; thence run
Northwesterly along the Easterly right of way of U.S. Highway No. 1 a
distance of 200 feet; thence run Northeasterly on a line parallel to the
side lot line between Lots 25 and 26 of Wauregan a distance of 298. 9
feet, more or less, to the Fleming Grant Line; thence run Southeasterly
along the Northeasterly side of said Lot 25 to the Point of Beginning.
All in Wauregan, Fleming Grant, according to the map or plat thereof,
filed in the Office of the Clerk of the Circuit Court of Brevard County,
Florida, in Plat Book 1, page 75; and re-filed in the Office of the
Clerk of the Circuit Court of St . Lucie County, Florida, in Plat Book 1,
pages 178 and 179; said land now lying and being in Indian River County,
Florida, being in Section 30, Fleming Grant.
. CD
= N CV N -J P\'
Z M / Exhibit A II
J
o / N
Ili Page 2 of 2
W 1
, _
Q
4 N r Z
�da00110 -
' ryQ'
" Cle
CtS
jj. T± \OO
v � C‘,
,- . iN.,," 1,41, .
• '', , , ,
, ..
, 0
• ....,
J
' G�� � a,\
• \) .•
,e
1Pr I"
I'
T oe
1p .
^� N
CV 'All m
/ @
0
Z 8 0
!-- \\ a me
Qg
i- %
g ._
Q \ J E`§
S� \ Q m
J , z
v Q o m
Pao3
M / Q €x
N 20
O0
_ LL
O Z
O
i
\