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HomeMy WebLinkAboutO-88-32Humphrey Land Use 606963 ORDINANCE NO. 0-88-32 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CL (LIMITED COMMERCIAL) TO CG (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 5 ACRES MORE OR LESS BORDERED ON THE EAST SIDE BY NORTH CENTRAL AVENUE, THE WEST SIDE BY U.S. HIGHWAY 1, AND THE NORTH BY 9TH STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has initiated an action to obtain, with respect to certain parcels of property described herein, an amendment to the Comprehensive Land Use Plan; and WHEREAS, the City Council has found and determined that it would be in the best interest of the City of Sebastian to amend the Comprehensive Land Use Plan as set forth in this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. PROPERTY. That the land use change enacted by the adoption of this Ordinance shall apply to the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: A triangular piece of property, approximately five acres, more or less, which is bordered on the east side by North Central Avenue, on the West by U.S. Highway #1 and on the North by 9th Street also known as Davis Street, in the City of Sebstian, Indian River County, in Township 30 and 31 South, Range 37, 38, and 39 East known and described as a portion of Section 30 in Fleming Grant, a portion of which has been requested by one property owner and the rest being initiated by the City of Sebastian. SECTION 2. DESIGNATION. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of CG (Commercial General) for the property which is the subject of this Ordinance. SECTION 3. NOTIFICATION. That the City shall send a certified copy of this Comprehensive Land Use Plan Map designation change to the Department of Community Affairs of the State of Florida. SECTION 4. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. O.R. 836 r6 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 this Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian 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 and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. CITY OF SEBASTIAN, FLORIDA EST: 2 O.R. 83_6_ P6 ..... 21_.7_3 .... I HEREBY CERTIFY that two notices of public hearing on this Ordinance were published in the Veto Beach Press Journal as required by State Statute, and that two public hearings hereo~, were held at City.Hall, City of Sebastian, the first on the~,_q~~ day...~'~"~.:!~~~ _~__ , 198~, followed by transmittal to De~artme~:~£"Comm~--n~%~--Affairs o~ the State or, Florida, and the ~:econd on"~e.:i~t~da¥ of ~-~Jt~q , 198 ~ , at which time /~h~ ordinan&~adopted by th& Ci~ Council.' ~%hr~ M. O'.. ~al%oran, CMC/AAE appr0~.~d~Form and Content: Cha~ke~an Nash, City AttOrney ST. - 3 O.R. 836. PG 2 ..74