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ORDINANCE NO. 0-12-04
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
DESIGNATING A ZONING CLASSIFICATION OF COMMERCIAL
RIVERFRONT (CR) FOR LAND CONSISTING OF APPROXIMATELY
0.38 ACRES, LOCATED AT 1640 U.S. 1; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Richard Peacock has filed a petition for 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 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 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 classiiication 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:
See attached Exhibit "A"
containing 0.38 acres more or less as depicted on the map within said Exhibit "A".
Section 2. REZONING. The real property described in the attached Exhibit "A" is
hereby given a City zoning designation of Commercial Riverfront (CR).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to
reflect a zoning designation of Commercial Riverfront (CR) for the real property described in the
attached Exhibit "A".
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
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 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.
its adoption.
EFFECTIVE DATE. This Ordinance shall take effect immediately upon
The foregoing Ordinance was moved for adoption by Councilmember
�illmor . The motion was seconded by Councilmember ��Y and,
upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice Mayor pon Wright
Councilmember Andrea Coy
Councilmember Richard Gillmor
Councilmember Bob McPartlan
aye
aye
ave
aye
ave
The Mayor thereupon declared this Ordinance duly passed and adopted this 11 th day of
Apri 1 , 2012.
ATTEST:
� %' �
/ � _
Sally A. Maio MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Approved as to form and legality for
reliance by the City of Sebastian:
!,�C> L�
Robert A. Ginsburg, City Attorney
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��EGAI. DESCRiPT14N
A PARCEL OF I.AND �YING IN SECTION 30. TOWNSHIP 30 SOUTH..
RANGE 38 EAST. (NDIAN RIVER COUNTY: FLORI�A. MORE
PARTICULARLY DEBCRIBED AS FOL�OWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE INTER5ECTION OF
NEW.U:S. HIGHWAY N0. 1 AND 9TH STREET. CITY QF SEBASTIAN.
F�ORIDA. RUN SOUTH 9°57'30" EAST ALONG THE EAST
RIGHT-OF-WAY LINE 4F NEW U.S. HIGHWAY N0. I. A DISTANCE
OF 885.13 FEET TO THE POINT 4F BEGINNING: THENCE CONTINUE
SOUTH 9°57`30' EAST A�ONG SAID EAST RIGHT-OF-WAY LINE OF
NEW U.S. HIGHWAY N0. I. A DISTANCE OF ISO FEET: THENCE
RUN SOUTH 88°Ob'00` EAST ON A LINE PARALLEL WITH 9TH
STREcT. A�7iSiNivCE �r. 98.is4 FEti iu ii-�t VvtST RiGHT-OF-WAY
IiNE OF NORTH CENTRAI. AVENUE: THENCE RUN NORTH AL.ONG 7HE
WEST RiGHT-QF-WAY LINE OF NORTH CENTRA� AVENUE: A DISTANCE
OF 146.88 FEET: THENCE RUN NORTH 88°06'00" WEST ON A �INE
PARAL�EL WITH 9TH STREET. A DISTANCE aF I24.79 FEET TO,�THE
POINT OF BEGINNING; AI�SO 6EING A PORTION.4F FLEMiNG GRANT
A5 SHOWN ON A CERTAIN MAP OF WAUREGAN OF FLEMING GRANT.
MADE BY S.B. CARTER AND FILED IN THE LAND RECaRDS OF
BREVARD COUNTY: FLORIDA.
SA(D LAND NOW I.YING AND BEiNG SITUATE IN INDIAN RIVER •�
COUNTY. FLORIDA
SUBJECT