HomeMy WebLinkAboutO-95-16 ORDINANCE NO. 95-~''~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO REZONING;
REZONING CERTAIN PROPERTY DESCRIBED AS TRACT
F, SEBASTIAN HIGHLANDS UNIT 17 ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8,
PAGE 46, FROM PS (PUBLIC SERVICE) TO RS-10
(SINGLE FAMILY RESIDENTIAL); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the parcel of property described herein
has petitioned the City of Sebastian for a change in the zoning of
said property; 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 of the City of Sebastian, Florida,
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 Planning and Zoning
Commission; and
WHEREAS, the City Council has made the following findings:
A. The proposed use is consistent with the goals,
objectives and other elements of the Comprehensive Land Use Plan.
B. The proposed use is in conformity with the
substantive requirements of the City of Sebastian Code of
Ordinances, particularly the Land Development Code.
C. The land use and development conditions affecting
this parcel have changed since the effective date of the existing
regulations, as the parcel has been annexed into the City.
The proposed use is compatible with adjacent land
uses.
E.
Adequate public facilities and services exist in the
City to serve the proposed use and the demand for such use will not
exceed the capacity for such services and facilities.
F. The proposed change in use will not result in any
significant adverse impacts on the natural environment.
G. The proposed use will not adversely affect the
property values in the area, or the general health, safety and
welfare of the City or have an adverse impact on the financial
resources of the City.
H. The proposed use will result in an orderly and local
development pattern.
I. The proposed use is in the public interest of the
citizens of the City of Sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. The change in zoning classification
created by the adoption of this Ordinance shall apply to the
following described real property:
TRACT F, SEBASTIAN HIGHLANDS Unit 17, a subdivision according
to the plat thereof as recorded in Plat Book 8, Page 46, of
the Public Records of Indian River County, Florida.
Section 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from PS (Public Service) to RS-10
(Single-Family Residential).
Section 3. ZONING MAPS. The official City Zoning Map shall be
amended to reflect this change in zoning district.
Section 4. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 5. 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 6. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
The foregoing Ordinance was
Councilmember .... ~~O-~J~:~
by Councilmember ~ _
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moved for
adoption by
The motion was seconded
and, upon being put
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed and
.K~ffhryn 4q'..'O' Ha~10r~an~, CMC/AAE
( SEAL )
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
Arthur L. Firtion, Mayor
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