HomeMy WebLinkAboutO-95-17 ORDINANCE 0-95- /~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE
COMPREHENSIVE LAND USE PLAN AND THE
COMPREHENSIVE LAND USE PLAN M~P; CHANGING THE
L~tND USE DESIGNATION IN THE CITY OF SEBASTIAN,
ON CERTAIN PROPERTY CONTAINING APPROXIMATELY
· 584 ACRES, MORE OR LESS FROM COR (COMMERCIAL
OFFICE RESIDENTIAL) TO CL (COMMERCIAL
LIMITED); AMENDING ORDINANCE 0-91-17;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the owner of a parcel of property has requested the
City to change the land use from COR (CO~MERCIAL OFFICE
RESIDENTIAL) TO CL (COMMERCIAL LIMITED); and
WHEREAS, the City Council of the City of Sebastian, Florida,
has considered the criteria identified in Section 20A-6.1C(26)b(1)
and b(2) 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 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. The increased urbanization of the City in the
vicinity of this property has resulted in such changed condition.
uses.
D. The proposed use is compatible with adjacent land
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. COMPREHENSIVE PLAN AMENDMENT. That the real
property described as follows:
A parcel of land lying in the northwest 1/4 of Section
17, Township 31 South, Range 39 East, Indian River
County, Florida, being more particularly described as
follows:
Commence at the intersection of the West right of way
line of U.S. Highway One (a 120 foot wide right of way)
and the North line of Sebastian Highlands, Unit 7, as
recorded in Plat Book 6, Page 6 of the Public Records of
Indian River County, Florida; thence N 25°22'17'' W along
said west right of way of U.S. Highway One a distance of
579.35 feet to the point of beginning; thence S 65°37'43''
W a distance of 65.00 feet; thence N 71°16'00'' W a
distance of 79.88 feet; thence N 31°58'31'' W a distance
2
of 170.22 feet to the South right of way line of Old
Dixie Highway (a 50 foot wide right of way); thence N
76°26'37'' E along said South right of way line a distance
of 145.01 feet to the aforesaid West right of way line of
U.S. Highway One; thence S 25°22'17'' E along said West
right of way line a distance of 195.00 feet to the point
of beginning. Containing 0.584 acres more or less.
is hereby reclassified from COR (COMMERCIAL OFFICE RESIDENTIAL) TO
CL (COMMERCIAL LIMITED) and Ordinance 0-91-17 of the city of
Sebastian is amended accordingly.
Section 2. MAP AMENDMENT.
is hereby amended to reflect
classification.
The official City Land Use Map
this change in land use
Section 3. NOTIFICATION. That the City shall send a certified
copy of this Comprehensive Land Use Plan Map designation change to
the Department of Community Affairs of the State of Florida.
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
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
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS / ~ DAY OF
~l~~, 1995.
!
T. he foregoin~/~ Ordinance was
Councllmember ~~
by Councilmember
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
moved for adoption by
. The motion was seconded
and, upon being put
The Mayor thereupon declared this Ordinance duly passed and
adopted this /~-~ day of '~~~-~A~~~ , 1995.
ATTEST:
Kathryn~M. 0 Ha~lorafi, CMC/AAE
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
city Attorney
Arthur L. Firtion, Mayor
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