HomeMy WebLinkAboutO-99-08ORDINANCE NO. 0-99-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY CONSTITUTING
A PORTION OF LOT 27 TOWN OF WAUREGAN, CONTAINING 1.02
ACRES MORE OR LESS, FROM PS (PUBLIC SERVICE) TO CG
(COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian has filed a petition 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 proposed use is not in conflict with the public interest of the citizens of the City of
Sebastian.
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.
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:
That portion of Lot 27 of the old Town of Wauregan, as
filed in Plat Book 1 Page 179 of the Public Records of
Brevard County, Florida, lying west of the right-ofwway
of U.S. Highway 1, less the northernmost 20 feet thereof
and less the southernmost 135 feet thereof;
Together with:
The easternmost one-half of the adjacent portion of
Wauregan Avenue as abandoned under Ordinance 85-17.
Containing 1.02 acres more or less.
Section 2. DISTRICT. The real property described in this Ordinance is hereby
rezoned from PS (Public Service) to CG (Commercial General).
Section 3. ZONING MAP. 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. Following its adoption and authentication by the
signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become
effective one day following the effective date of Ordinance 0-99-07.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
to.a vote, the vote was as follows:
and, upon being put
day of
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this
,
CITY OF SEBASTIAN, FLORIDA
Kathryn fYI. O'Halloran, CMC/AAE
City Clerk
Chuck NeuUer._ger, Vi~e. Ma~
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney