HomeMy WebLinkAboutO-91-17ORDINANCE NO.: 0-91-17
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 IN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE CITY OF
SEBASTIAN AND THE DEPARTMENT OF COMMUNITY AFFAIRS ON
JUNE 12, 1991; PROVIDING THAT A COPY OF THE PROPOSED
COMPREHENSIVE PLAN AMENDMENT BE TRANSMITTED TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has reviewed the State
Department of Community Affairs ("DCA") Notice of Intent to find
the City of Sebastian's Comprehensive Plan not in compliance; and
WHEREAS, the City of Sebastian has cooperated with the DCA
staff in preparing proposed amendments to the City' s
Comprehensive Plan in order to achieve a compliance status; and
WHEREAS, the City has entered into a Stipulated Settlement
Agreement with the DCA which incorporates the City's proposed
amendments to the Comprehensive Plan; and
WHEREAS, on April 18, 1991, the Planning and Zoning
Commission conducted a public hearing on the proposed amendments
to the Comprehensive Plan as set forth in the Stipulated
Settlement Agreement 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 two public hearings 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 proposed
changes in the City's Comprehensive Land Use Plan, as set forth
in the Stipulated Settlement Agreement, is consistent with the
future development of the City of Sebastian.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The entirety of the City of
Sebastian shall be affected by the amendments to the
Comprehensive Plan adopted by this Ordinance. The specific
changes to the Comprehensive Land Use Plan are set forth in their
entirety and are attached as Exhibit "A" to this Ordinance and
incorporated herein by this reference.
Section 2. DESIGNATION. The changes to the Comprehensive
Land Use Plan do not require a change to the Comprehensive Land
Use Plan Map for the City of Sebastian.
Section 3.
NOTIFICATION.
The City Clerk shall transmit a
certified copy of the amendments to the Comprehensive Land Use
Plan to the Florida Department of Community Affairs within sixty
(60) days of the adoption of this Ordinance.
Section 4. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent
3urisdiction 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 such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
, !
vote was as follows:
The motion was seconded by Councilman
and, upon being put into a vote, the
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
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The Mayor thereupon declared th~ Ordinance duly passed and
Kathry~. 0'Halloran,
C,MC/AAE~, City Clerk
(SEAL)
CITY OF SEBASTIAN, FLORIDA
W.E. C~s, M~'~or
4
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 the first public hearing was held
on this Ordinance at 7:00 p.m. on the _~.~ day of
~j~ , 1991, that a second public hearing was held
on ~ o~no~ a~ ~:00 ~.m. on ~ Z~ ~ o~
· 1991, and that following the second
public hearing this Ordinance was passed by the City Council.
Kathry~. O'Halloran,
CMC/AAE~, City Clerk
Approve~s to Form and Content:
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Charles ian Nash,
City Attorney