HomeMy WebLinkAboutO-95-18 ORDINANCE NO. ~ "~'/~
aN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, REZONING CERTAIN
PROPERTY LOCATED IN THE NORTH CENTRAL SECTION
OF THE CITY, COMPRISED OF .584 ACRES, MORE OR
LESS, LYING WEST OF U.S. HIGHWAY i AND SOUTH
OF OLD DIXIE HIGHWAY, FROM COR (COMMERCIAL
OFFICE RESIDENTIAL) TO CL (COMMERCIAL
LIMITED); 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 an amendment to the Zoning
Ordinance; 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.
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 l. PROPERTY. The change in zoning classification
created by the adoption of this Ordinance shall apply to the
following described real property:
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 65037'43''
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
of 170.22 feet to the South right of way line of Old
Dixie Highway (a 50 foot wide right of way); thence N
76026'37'' 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.
Section 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from COR (Commercial Office
Residential) to CL (Commercial Limited).
Section 3. ZONING ~APS. 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. SEVERABILIT¥. 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
FIRST READING, THIS //~-~ DAY OF .... ~i~,~ , 1995.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS ~'~- DAY OF
~~, 1995.
The foregoing.~ Ordinance was
Councilmember ~~~t~i~
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 /~A. day of ~~~. , 1995.
ATTEST:
Ka~yn~. o'~ll6ra~, CMC/AAE
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
CITY OF SEBASTIAN, FLORIDA
Arthur L. Firtion, Mayor