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HomeMy WebLinkAboutO-90-07 ORDINANCE 0-90-07 . CO~Y, F~RIDA, PERTAINING ~ ZONING, ~ZONING CERTAIN PROPERTY IN ~ ~T CE~ ~ OF ~ CITY, ~PROXI~TELY .398 A~S MO~ OR ~SS ~TED ON ~E ~T SIDE OF ~ ~G~F-WAY OF US HIG~AY 1, ~O SO~ OF FI~T S~, ~OM CL (CO~RCI~ LIMITED) ZONING DIS~I~ ~ CG (~RCIAL GE~) ZONING DIStil; ~OVIDING FOR ~P~ OF O~IN~CES OR P~TS OF O~IN~CES IN CONFLI~ ~I~; PROVIDING FOR S~BILITY; ~D PROVIDING FOR ~ EFFE~I~ DATE. WHEREAS, the owner of the parcel of real property described herein has applied to the City of Sebastian for an amendment to the current zoning classification; and _ WHEREAS, on May 17, 1990, the Planning and Zoning Commission conducted a public hearing on the requested zoning change and has submitted a recommendation in favor of the proposed change of c~ zoning to the City Council; 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 c~ change in zoning is consistent with the Comprehensive Land Use CD Plan. C;1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: OD ?o. Ib- Section 1. PROPERTY. That the change in zoning classification created by the adoption of this ordinance shall apply to the following described real property: Lots 13, 14, 15, 16 and 17, Block 1, HARDEE'S SUBDIVISION NO. B, according to the Plat thereof, as recorded in Plat Book 4, at Page 74, of the Public Records of St. Lucie County, Florida, said lands now situate lying and being in Indian River County, Florida: LESS AND EXCEPT THEREFROM the following described portion of the aforesaid Lot 13, described as follows: Beginning at the Northwest corner of said Lot 13, run Southeasterly on the Western line of said Lot 13 a distance of 5 feet; thence run Northeasterly to a point on the Northerly line of said Lot 13, said point being 9 feet Easterly of the Northwest corner of said Lot 13, thence run Southwesterly a distance of 9 feet to the Point of Beginning. Section 2. DISTRICT. That the real property described in this Ordinance is hereby rezoned from City zoning district CL (Commercial Limited) to City zoning district CG (Commercial General). 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 2 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. The foregoing Ordinance Councilman '~/~ ~ ~'~/]~(- T by Councilman ~~~A was moved for adoption by The motion was seconded and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers ~/~ Vice-Mayor Frank Oberbeck ~ Councilman Robert L. McCollum ~ Councilman Lonnie R. Powell ....... ~/j~ Councilman Lloyd Rondeau ~.~_ The Mayor thereupon debated this Ordinance duly passed and adopted this /~'~day of ~~~, 1990. ATTEST: ' Kathr~ M. 6~H~lo~an, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA ~.~E. ConVeyor 3 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 one Dublic hea~n~ wgs held on this Ordinance at 7:00 p.m. on the ~.day of ~~44~1, 1990, and that following said public hearing this Ordinance was passed by the City Council. ~t~r~ ~. O'Hal~°ran, CMC/AAE .city ~e.rk Approved as to~o~ Content:· Charles ian Nash, City Attorney ;,r~..~ ~"~, CITY OF SEBASTIAN ._TO~ P.O. BOX 78O127 1225 MAIN STREET SEBASTIAN, FLORIDA 32978-0127