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HomeMy WebLinkAboutO-89-14 .pP.5 09_. ORDINANCE 0-89-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING~ REZONING CERTAIN PROPERTY IN THE CENTRAL AREA OF THE CITY, APPROXIMATELY 2.08 ACRES MORE OR LESS LOCATED ON THE SOUTH SIDE OF THE RIGHT-OF-WAY OF ROSEBUSH TERRACE FROM RS-10 TO PS (PUBLIC SERVICE)~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHERKAS, the owner of the parcel of property described herein has petitioned the City of Sebastian for an amendment to the zoning ordinance~ and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on the requested zoning change and has submitted a recommendation in favor of the proposed change of zoning to the city Council; and WH~R~h~S, 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, THEREFOr, 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 O.R. 835 PG 1_ 993 apply to the following described real property: Lots 1-9, inclusive, Block 208, SEBASTIAN HIGHLANDS, Unit 10, a Subdivision according to the Plat thereof, as recorded in Plat Book 6, Pages 37 and 37J, of the Public Records of Indian River County, Florida. Section 2. DISTRICT. That the real property described in this Ordinance is hereby rezoned from city zoning district RS- 10 to City zoning district PS (Public Service). 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 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 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. O.R. 835 PG _1994 The foregoing Ordinance was moved for adoption by Councilman ~'(~~ . The motion was seconded by Councilman/~0¢, ~ ~~.~ and, upon being put to a vote, the vote was as follows: Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and ATTEST: · Kathry~ M. O'Halloran, CMC/AAE .City Clerk CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor ~ HEREBY CERTIFY that notice of public hearing on this 'ordinance was published in the Vero Beach Press Journal as r~quired by State Statute, that one p~blic heariDg was held on this: Ordinance at 7:00 p.m. on the ~day of ~&C~ , 1989, and that following said public hearing this Ordinance was passed by the City Council. Kathry~ M. O'Halloran, CMC/AAE City Clerk Appro~ as to Form and Content: ch~lr3~e~ Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 SEBASTIAN, FLORIDA 32978 O.R. 835_ PG ~995