HomeMy WebLinkAboutO-91-07ORDINANCE NO.: 0-91-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE
RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT
FOR LAND LOCATED iN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED
APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO
DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND
NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF THE
DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN MAP
TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERAEILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, SEBASTIAN DEVELOPMENT PROJECT, INC., the owner of the
parcel of real property described herein has applied to the City
of Sebastian for an amendment to the current land use designation;
and
WHEREAS, on December 20, 1990, the Planning and Zoning
Commission conducted a public hearing on the requested amendment
to the Comprehensive Land Use Plan amendment and has submitted a
recommendation in favor of the proposed change of the Comprehensive
Land Use Plan to the City Council; and
WHEREAS, the City Council has provided notice of the proposed
change to the existing Comprehensive Land Use Plan and conducted
a public hearing to receive citizen input; and
WHEREAS, the City Council has considered the provisions of
the existing Comprehensive Land Use Plan 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 the comprehensive Land Use Plan is consistent with the
future development of the area where the subject property is
located.
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 land use change enacted
by the adoption of this Ordinance shall apply to the following
described real property:
Ail of Government Lot 2, Section 6, Township 31 South, Range
39 East, except the following two parcels of land:
PARCEL #1: Begin at the SE corner of said Government
Lot 2, run North 248.7 feet, thence West 417.4 feet,
thence South 248.7 feet, thence East 417.4 feet to Point
of Beginning.
PARCEL #2: Begin 237.6 feet South of the NE corner of
said Government Lot 2, Section 6, which is also the
intersection of the SE line of the Fleming Grant and the
East line of said Government Lot 2, thence run South
245.5 feet, thence West to the SE line of the Fleming
Grant Line, thence Northeasterly along said Fleming Grant
Line to the intersection of said line with the East line
of said Government Lot 2 which is the Point of Beginning.
Section 2. DESIONATION. That the Comprehensive Land Use
Plan Map shall be amended to reflect a designation of CG
(Commercial General) for the real property that is the subject of
this Ordinance.
Section 3.
a certified copy
NOTIFICATION. That the city Clerk shall send
of this Comprehensive Land Use Plan Map
designation change to the Florida Department of Community Affairs.
Section 4. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
2
Section 5.
SEVER~BILITY. 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 6.
EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The
Councilman
by Councilman
fore,going Ordinance
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 Goorge Reid
Councilman Lonnie R. Powell
Councilman Peter H01yk
ATTEST'
Rathryn/~'. O'Ha~Dioran,~CMC//~E
CitY, Clerk
The Mayor thereupon declared this Ordinance duly passed and
adopted this /~_~day of ~c~ , 1991.
/
CITY OF SEBASTIAN, FLORIDA
W. E. Cony~rs, ~or -
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 the firs~ p~. blic heariDg was held on this
Ordinance at 7:00 p.~. on the ~_~day of ~ J~~_~, 1991, that
a second public hea~n~ was held on this ordi~anc~ aW 7:00 p.m. on
the ~ day of ~~___, 1991, an~ that following the following
the second publ~~ this Ordinance was passed by the City
Council.
~athry~/M. o'H~loF&n, CMC/AAE
City Cierk
Approved as.,- to Form and Content:
C
Ian Nash, City Attorney