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HomeMy WebLinkAboutO-88-39DeCristofaro Rezoning 6O697O ORDINANCE NO. 0-88-39 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 9 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS A1 AND RM6 TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the parcels of property described herein have petitioned the City of Sebastian for an 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 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: O 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: The South One-Quarter (1/4), of the Northwest One-Quarter (1/4), of the Northeast One-Quarter (1/4), of Section 7, Township 31 South, Range 39 East; And also, Beginning at the Southwest corner of Lot 1, Section 7, Township 31 South, Range 39 East, run North 330.00 feet along the west line of said Lot 1; thence, due East on a line parallel to the South line of said Lot 1, to the Right-of-Way of the Florida East Coast Railway; thence, in a Southerly direction along said Right-of-Way to the South line of Lot 1, in Section 7, Township 31 South, Range 39 East, and from said point, thence, West to the Point of Beginning; containing 11.038 Acres more or less and except that part of Lot used as a Right-of-Way for Public Highway, also less and except, the East 300.00 feet thereof as measured perpendicular to the west Right-of-Way Line of Old Dixie Highway, said East 300.00 feet being west of and coincident with said Right-of- Way of Old Dixie Highway; the remaining parcel of land contains 9.032 Acres, more or less and lies wholly in Indian River County, Florida. O.R. 836_.._r.6 2195 SECTION 2. DISTRICT. That the real property described in this Ordinance is hereby rezoned from County District A1 and RM6 to City Zoning District IN (Industrial). The official City Zoning Map shall be amended to reflect this change in zoning district. SECTION 3. CONFLICT. All 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. ATTEST: Ka~thry~ M. O'Halloran, CMC/AAE CITY OF SEBASTIAN, FLORIDA 2 O.R. 836. P6 2~96 I HEREBY CERTIFY that a notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute. that one this Ordinance on the _/~ day of following said public hearing, this City.Council- Kathr~ M~.:0"Halloran, CMC/AAE .Approved.as~-to Form and Content: / aS Ian Nash, City Attorney ~public hearing ~as held on j~ , 198~, and that Ordinance was pa~sed by the 3 O. R-.836 .P.6 2~.97