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HomeMy WebLinkAboutO-88-33Humphrey Rezoning ORDINANCE NO. 0-88-33 O AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING 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 zoning ordinance. 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 has considered the criteria identified in Section 20A-11.6(C) of the Land Development Code together with the recommended findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the requested change in zoning is consistent with the Comprehensive Land Use Plan. 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 change in zoning classification created by the adoption of this Ordinance shall apply to the the following described real property: 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. DISTRICT. That the real property described in this Ordinance is hereby rezoned from CL (Commercial Limited) to CG (Commercial General) The official City Zoning Map shall be amended to reflect this change in zoning district. O.R. 836 ..P6 2175 SECTION 3. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. CITY OF SEBASTIAN, FLORIDA ",~athr~ M. ~ H*tlbran, CMO/AAE 2 O.R. 836 P6 2176 I HEREBY CERTIFY that a notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as requir~d~b~' State Statut9, that one p. ublic hearing ~as held on ~l%Dwf~;.~*ai~',.,public ~rinu, this ordinance was passed by the .,'~ Form and Content: Charles Ian Nash, City Attorney 3 O.R. 836 P6 2177