HomeMy WebLinkAboutO-96-13ORDINANCE NO. 0-96-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, REZONING CERTAIN
PROPERTY DESCRIBED AS THAT PART OF THE NE 1/4
OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31
SOUTH, RANGE 39 EAST, LYING WEST OF THE WEST
RIGHT-OF-WAY OF THE FLORIDA EAST COAST
RAILROAD, LESS AND EXCEPT THE FOLLOWING TWO
PARCELS: THE NORTH 6.5 ACRES OF THE NE 1/4 OF
THE SE 1/4 AND THE SOUTH 150 FEET THEREOF,
COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM
CL (COMMERCIAL LIMITED) TO IN (INDUSTRIAL),
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Nelson Hyatt, 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.
D. 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
£acllitles.
F. The proposed change in use will not result in
any 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:
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That part of the NE 1/4 of the SE 1/4 of Section
20, Township 31 South, Range 39 East, lying West
of the West right-of-way of Florida East Coast
Railroad, LESS and EXCEPT the following two
parcels of land:
(1) The North 6.5 acres of the NE 1/4 of the
SE 1/4.
(2) The South 150 feet thereof.
Section 2. DISTRICT. The real property described in
this Ordinance is hereby rezoned from CL (Commercial Limited)
to IN (Industrial).
Section 3. ZONING M3~P. 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
provisions, it shall further be assumed that the City
Council would have enacted the remainder of this Ordinance
without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon its adoption and authentication by
the signatures of the presiding officer and the Clerk of the
City Council.
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The foregoing ,grjjnance was moved for adoption by
Councilmember ~ . The motion was seconded by
Councilmember /-/-~ and, upon being put to a
vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor ther~upoo declared
and adopted this C~-~ day of
th~dinan~e1996duly, passed
CITY OF SEBASTIAN, FLORIDA
LouiSe R. Cartwright, M~'yor
ATTEST:
K~thr~ M. d'Hallor,~n, ~CMC~AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
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