HomeMy WebLinkAboutO-23-07 Sebastian Oaks - FailedORDINANCE NO.O-23-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF RM-10 — MEDIUM DENSITY MULTIPLE -FAMILY
RESIDENTIAL DISTRICT FROM CURRENT ZONING DESIGNATION OF RM-8 —
MEDIUM DENSITY MULTIPLE -FAMILY RESIDENTIAL DISTRICT FOR LAND
LOCATED ON LOUISIANA AVE; CONSISTING OF 15.75 ACRES, MORE OR LESS,
KNOWN AS SEBASTIAN OAKS; AND SURROUNDED BY MULTI -FAMILY
RESIDENTIAL ZONED PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Sebastian Oaks, LLC. 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 compatible with adjacent land uses.
B. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use
Plan.
C. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of
Ordinances, particularly the Land Development Code.
D. 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.
E. The proposed change in use will not result in any adverse impacts on the natural environment.
F. 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.
G. The proposed use will result in an orderly and local development pattern.
H. The proposed use is not in conflict with the public interest of the citizens 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. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall
affect the following real property as described in Exhibit "A" attached hereto, now lying and being within the
incorporated area of the City of Sebastian, Indian River County, Florida.
Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a City
zoning designation of Medium Density Multiple -Family Residential (RM-10).
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 Medium Density Multiple -
Family Residential (RM-10) in accordance with the requirements of Florida law.
See attached Exhibit `B " Zoning Map
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 or unconstitutional
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 6. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the
City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
Section 7. EFFECTIVE DATE. This Ordinance shall take effect after its adoption.
Section S. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting
of the City Council on the day of May, 2023 and adopted on second/final reading at a regular meeting of
the City Council on the day of , 2023.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this day of 2023, by
Councilmember . The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Fred Jones
Vice Mayor Christopher Nunn
Council Member Kelley Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
ATTEST:
Jeanette William, MMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member . The motion was
seconded by Council Member and, upon being put to a vote, the vote was as follows:
Mayor Fred Jones
Vice Mayor Christopher Nunn
Council Member Kelley Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2023.
CITY OF SEBASTIAN, FLORIDA
Lo
ATTEST:
Fred Jones, Mayor
Approved as to form and legality for
Jeanette Williams, MMC Reliance by the City of Sebastian only:
City Clerk
Andrew W. Mai., Interim City Attorney