HomeMy WebLinkAboutO-89-19 ORDINANCE NO. O-89-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE COMPREHENSIVE PLAN;
AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION
20-51 OF THE CODE OF ORDINANCES PERTAINING TO THE
COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida enacted the
"Local Government Comprehensive Planning and Land Development
Regulation Act" and codified such Act as Sections 163.3161 et. seq.
of the Florida Statutes (1987); and
WHEREAS, it is the intent of this Act that its adoption is
necessary so that local governments can preserve and enhance
present advantages; encourage the most appropriate use of land,
water, and resources, consistent with the public interest; overcome
present handicaps; and deal effectively with future problems that
may result from the use and development of land within their
jurisdictions; and
WHEREAS, the City of Sebastian has submitted a proposed
amended Comprehensive Plan to the Department of Community Affairs
of the State of Florida; and
WHEREAS, the City of Sebastian has received the written
objections, recommendations, and comments from the Department of
Community Affairs of the State of Florida; and
WHEREAS, the City of Sebastian has received comments and
proposals from the general public and held not less than two public
hearings with regard to the amended Comprehensive Plan; and
WHEREAS, the City Council has made certain amendments in the
proposed new Comprehensive Plan in light of the comments and
proposals from the general public, as well as the comments,
recommendations and objections of the Department of Community
Affairs and various other State agencies; and
WHEREAS, the City Council hereby declares that the purpose and
intent of the Comprehensive Plan is to guide future growth and
development; encourage the most appropriate use of land, water and
other resources; promote and protect the public health, safety,
comfort, good order, appearance, convenience, aesthetics, and
general welfare; prevent the over-crowding of land; avoid the undue
concentration of population; provide adequate and energy efficient
transportation, water, sewage, drainage, fire protection, law
enforcement, schools, parks, recreation facilities, housing, and
other services, facilities and resources; and conserve and protect
natural resources within the City, while protecting private
property rights.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Section 20-51 of the Code of Ordinances of
the City of Sebastian, Indian River County, Florida, is hereby
amended to read as follows:
"That the document entitled "City of Sebastian-Comprehensive
Plan, Goals, Ob3ectives and Policies," dated July, 1989 and the
document entitled "City of Sebastian-Comprehensive Plan, Data,
Inventory and Analysis," dated July, 1989, which documents are
attached hereto and made a part hereof as Exhibits "A" and "B", are
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hereby adopted as the Comprehensive Plan of the City of Sebastian
in accordance with a Local Government Comprehensive Planning and
Land Development Regulation Act, codified as Sections 163.3161 et.
seq. of Florida Statutes (1987)."
Section 2. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and that the
word "ordinance" may be changed to "section", "article", or other
appropriate designation.
Section 4. SEVERABILITY. In the event a court of competent
3urisdiction 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 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.
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The foregoing Ordinance was moved for adoption by Councilman
was as follows:
The motion was seconded by Councilman
and, upon being put to a vote, the vote
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of .6 , 1990.
CITY OF SEBASTIAN, FLORIDA
W. ~ ~ers,~or
ATTEST:
Kathr~h M. OrHallora~, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by State Statute, that two public hearings were held on this
Ordinance, the ~irst public hearing was held at 7:00 p m
the ~d . . on
day of ~~' , 1989, and tile second public hearing
was held at 7:00 p.~TO~ the ~--~. day of ~4.~ , 1990,
and that following the second public hearing %his Ordinance was
passed by the City Council.
Ka~hryn ~. O'H~ll°r~n, CMC/AA~ ~/~
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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