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HomeMy WebLinkAboutO-88-42Flatt Rezoning .6__o__. '3-. ORDINANCE NO. 0-88-42 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 2.5 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 DISTRICT IL 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: 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: That certain parcel of land lying in the Northeast One- Quarter (1/4) of Section 7, Township 31 South, Range 39 East, lying West of the Florida East Coast Right-of-Way, being in Government Lot 1 and Lot 2 more particularly described as follows: point of beginning at the intersection of the Westerly Right-of-Way of Florida East Coast and South lot line of Government Lot 1; run West along the South line of Government Lot 1 and continued along the South line of Government Lot 2 for a total distance of approximately 320 feet; thence run North, Northwest along a line parallel to the Florida East Coast Right-of-Way and run a distance of 330 feet; thence run East along a line parallel to the South lot line of Government Lot 1 and 2, to the intersection with the West Right-of-Way of Florida East Coast; thence run South, Southeast along the West Right-of- Way line of the Florida East Coast a distance of approximately 330 feet to the point of beginning, LESS AND EXCEPT the public right-of-way known as Old Dixie Highway immediately ad3acent to and West of the Florida East Coast Right-of-Way. Said parcel of land lying in Indian River County. O.R. 836 P6 2205 SECTION 2. DISTRICT. That the real property described in this Ordinance is hereby rezoned from County IL to City Zoning 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: (~l'~ ~ ~l~[ ~l ~~ll ~j Kathry~ M. lO'Halloran, CMC/AAE City Clerk- CITY OF SEBASTIAN, FLORIDA 2 .O-R. 836llllP6 2 ~ O~ I HEREBY CERTIFY that a notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute. that one Bu~lic hearing was held on this Ordinance on the /~day of ~,~ , 198~, and that following said public hearing, this Ordnance was passed by the City Council. M.~ O*H'al.loran, CMC/AAE and Content: Ian Nash, City Attorney DOC. ST. ' AMT. ~ ' ~'~ JX. ~T(~I, Cmt, Indian Rivet Oounl¥ - 3 0._R_...836 ...P6 ........ 2_2_._0.7