HomeMy WebLinkAboutO-91-08· , _.- ' ,-
ORDINANCE NO.: 0-91-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING~ REZONING CERTAIN
PROPERTY 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, FROM COR (COMMERCIAL OFFICE
RESIDENTIAL) ZONING DISTRICT TO CG (COMMERCIAL GENERAL)
ZONING DISTRICT~ PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWiTH~ PROVIDING FOR
SEVERABILITY~ 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 zoning classification;
and
WHEREAS, on December 20, 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 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
change in zoning is consistent with the Comprehensive Land Use
Plan.
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:
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. DISTRICT. That the real property described
in this ordinance is hereby rezoned from City zoning district COR
(Commercial Office Residential) 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. 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
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 .... ~/~/~,~.
by Councilman '~'~
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 Geor§e Eei~
Councilman Lonnie R. Powell
Councilman Peter Hoiyk
The Mayor thereupon declared this Ordinance duly passed and
adopted this
/
CITY OF SEBASTIAN, FLORIDA
~. E. con
ATTEST: 'Nor
'K~th~y~M~ O'Halloran, CMC/AAE
City Clerk
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 hearing wa§ held on this
Ordinance at 7:00 p.m. on the ~_~gay¥~ of ~ , 1991, and
that following said public hearing this Ordinan6e wWs P~ssed by the
City Council.
Kathryn ~. O,Halloran,~ CMC/AAE~
city CleYk
Appro~s to Form and Content:
Char~es Ian Nash, City Attorney