HomeMy WebLinkAboutO-89-29ORDINANCE NO. 0-89-29
CLERK CIRCUIT C
iNDIAN RI' - 0~'
vER CO.,
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHEAST SECTION OF THE CITY,
APPROXIMATELY 1.85 ACRES MORE OR LESS, LOCATED ON THE
WEST SIDE OF THE U.S. HIGHWAY ONE, EAST OF THE FLORIDA
EAST COAST RAILWAY RIGHT-OF-WAY, AND NORTH OF SCHUMANN
DRIVE, FROM ZONING DISTRICT COR (COMMERCIAL OFFICE
RESIDENTIAL) TO ZONING DISTRICT CG (COMMERCIAL
GENERAL); PROVIDING FOR THE AMENDMENT TO THE OFFICIAL
CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABiLITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the parcel of property described
herein has made application to the City of Sebastian for an
amendment to the zoning classification of said parcel; 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 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 of the City of Sebastian, as amended.
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 following described real property:
COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,
SECTION 8, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN NORTH 89°
36' 19" WEST A DISTANCE OF 48.93 FEET TO A POINT ON THE
PRESENT WEST RIGHT-OF-WAY LiNE OF U.S. HIGHWAY 1 SAID POINT
BEING THE POINT OF BEGINNING FOR THE FOLLOWING MEETS AND
BOUNDS DESCRIPTION.
FROM SAID POINT OF BEGINNING RUN NORTH 89° 36' 19" WEST TO
THE SOUTH LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 242.38
FEET; THENCE RUN NORTH 26° 04' 20" WEST, 370.42 FEET; THENCE
RUN SOUTH 89~ 35' 15" EAST 243.18 FEET MORE OR LESS TO A
STEEL PIN ON THE AFORESAID WEST RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 1; THENCE RUN SOUTH 25" 57' 59" EAST ALONG SAID
RIGHT-OF-WAY LINE 370 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.85 ACRES MORE OR LESS.
SECTION 2. DISTRICT. That the real property described in
this Ordinance is hereby rezoned from COR (Commercial Office
Residential) zonin9 district, to CG (Commercial General) zoning
district. The official City zoning map shall be amended to
reflect this change in zoning district.
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.
By:
~ath~n M. 0'Halloran, CMC/AAE
C~y~Clerk
CITY OF SEBASTIAN, FLORIDA
R±¢hard B. Votapka, Mayor
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute and that a public hearing .h,e,~eon was
hel~-ait City Hall, City of Sebastian, on the i~_~---day of
~ , 19 ~_, at which time this O~in--ance was
~op%ed by th~ '~-~-~ Council.
Kathr~ M.~ O'Halloran, CMC/AAE
Approved as to Form and Content:
chari~'Ian N'~sh, City ~torney
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
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