HomeMy WebLinkAboutO-90-11ORDIN~S,/qCE 0-90-11
RECORD VERiFiED
JEFFREY K. BARTON
CLERK CI/RCUIT COURT
INDIAN RIVER CO.. FLA
~N ORDINANCE OF THE CITY OF SEBASTIANs INDIAN RIVER
COUNTY, FLORIDAs PERTAINING TO ZONING; REZONING CERTAIN
PROPERTY IN THE CENTRAL AREA OF THE CITY, DESCRIBED AS
TRACT A OF SEBASTIAN HIGHLANDS SUBDIVISION PLAT UNIT 14,
APPROXIMATELY 10 ACRES MORE OR LESS LOCATED SOUTH OF
COUNTY ROAD 512, EAST OF STRAIT AVENUE, AND WEST OF SOUTH
WIMBROW DRIVE, FROM RS-10 (RESIDENTIAL SINGLE FAMILY)
ZONING DISTRICT TO C-512 (COMMERCIAL 512) ZONING
DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the city staff
previously recommended to the city Council of the City of
Sebastian, Indian River County, Florida, that the Land Development
Code as it pertains to the regulation of certain commercial
development in a specific area along the south side of County Road
512 (C.R. 512) as more specifically provided elsewhere in this
Ordinance; 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
zoning relative to Tract A of Sebastian Highlands Subdivision Plat
Unit 14 to the City Council; and
WHEREAS, the City Council adopted Ordinance No. 0-90-08
effective September 12, 1990, thereby creating the C-512 Zoning ~
District; and CO
WHEREAS, the City Council has provided notice of the proposed ~
zoning change and conducted a public hearing to receive citizen ~O
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
W~EREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
NOWt 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:
"Tract A of Sebastian Highlands Subdivision Plat
Unit 14."
Section 2. DISTRICT. That the real property described
in this Ordinance is hereby rezoned from city zoning district RS-
10 (Residential Single Family) to City zoning district C-512
(Commercial 512). 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, but Ordinance
No. 0-90-08 shall only be amended to the extent inconsistent with
this Ordinance.
Section 4. SEVERABILITY. In the event a court of~
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competent jurisdiction shall hold or determine that any part of CO
this Ordinance is invalid or unconstitutional, the remainder of--
the Ordinance shall not be affected and it shall be presumed that ~O
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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 was moved for adoption by
Councilman '
C ~.~...'?.7,~.~ . The motion was seconded
by Councilman ~C~,~..~..~L_ 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
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~Zt--~day of ~~/.~, 1990.
ATTEST:
",,"' Ka~h.~y~/M. O'H'alloran, CMC/AAE
· City 'Clerk
CITY OF SEBASTIAN, FLORIDA
~?E.~'- Con~/~ -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, that one public hearina was held on this
Ordinance at 7:00 p.m. on the ~.-~day of ~?~A.~~ 1990, and
that following said public hearing this Ordinance was passed by the
City Council.
Kathry~ M. O'Halloran, CMC/AAE
City Clerk
Appro~' to Form
and Content:
C~arles Ian Nash, City Attorney
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