HomeMy WebLinkAboutO-13-09 ORDINANCE NO. 0-13-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
DESIGNATING AN INITIAL ZONING CLASSIFICATION OF
PUBLIC SERVICE (PS) 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 1.43 ACRES, MORE OR LESS, LOCATED AT
12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE
SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Al Minner, City Manager of the City of Sebastian, 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 1.43 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 Public Service (PS).
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 Public Service (PS).
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
Jerome Adams 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, FLO IDA
Mayor Bob McPartlan
ATT
z
Sally A. Mai., MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
Exhibit "Ni
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.
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