HomeMy WebLinkAboutO-96-17 ORDINANCE NO. 0-96-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTH
OF MAIN STREET, EAST OF J & W SUBDIVISION AND 100 FEET
WEST OF THE U.S. POST OFFICE PROPERTY, COMPRISED OF 5.6
ACRES MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO RM-8
(MEDIUM DENSITYMULTIPLE FAMILY); PROVIDING FORREPEALOF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Roger Skillman, 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 as 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 facilities.
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 affect the
following described real property, now lying and being within the
incorporated area of the City of Sebastian, Indian River County,
Florida:
Ail of Blocks 1 and 2, Sebastian Gardens Subdivision, as
recorded in Plat Book 5, Page 58, Public Records of
Indian River County, Florida.
Section 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from CL (Commercial Limited) to RM-8
(Medium Density Multiple Family).
Section 3. ZONINO MAP. The official City Zoning Map
shall be amended to reflect this change in zoning district.
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 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.
The foregoing Ordinance
Councilmember .... ~/~~aJ
by Councilmember ~~.._
was moved for adoption by
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
The motion was seconded
and, upon being put to
The Mayor thereupon declared this Ordinance duly passed and
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adopted this ~ day of
(SEAL).-
~~ , 1996.
CITY OF SEBASTIAN, FLORIDA
.
L6uise R. Cartwright~Mayor
Approved as to Form and Content:
City Attorney
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