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HomeMy WebLinkAboutO-81-25GORDINANCE NO. '~2 - 8 f- ;% ~'-~ ) AN ORDINANCE AMENDING ORDINANCE NO. 0-81-25, AMENDING THE COMPREHENSIVE LAND USE PLAN MAP BY: l) CHANGING THE LAND USE DESIGNATION OF CERTAIN PROPERTIES LOCATED WITHIN INDIAN RI VERHILLS SUBDIVISION FROM CL, LIMITED COMMERCIAL, TO CW, COMMERCIAL WATER- FRONT; 2) CHANGING THE LAND USE DESIGNATION OF CERTAIN PROPERTIES IOCATEDWITHIN INDIAN RIVER HILLS SUBDIVISION FROM CL, LIMITED COMMERCIAL, TO COR, COMMERCIAL OFFICE RESIDENTIAL; 3) CHANGING 'I}tE LAND USE DESIGNATION ON THAT PROPERTY ABUTTING THE SOUTH LINE OF LOT 10 OF BLOCK 1, INDIAN RIVER HILLS SUBDIVISION, FROM LIMITED COMMERCIAL (CL) TO COMMERCIAL OFFICE RESIDENTIAL (COR); 4) CHANGING THE LAND USE DESIGNATION OF CERTAIN PROPERTIES LOCATED WITHIN MIDDLETON SUBDIVISION FROM COMMERCIAL OFFICE RESIDENTIAL (COR) TO LIMITED COb~4ERCIAL (CL); 5) CHANGING THE LAND USE DESIGNATION OF CERTAIN PROPERTIES lOCATED ALONG 2}IE SOU2M RIGHT OF WAY LINE OF COUNTY ROAD 512 IN UNIT 8, 12 AND 15, SEBASTIAN HIGHLANDS SUBDIVISION FROM COMMERCIAL OFFICE RESIDENTIAL (COR TO LIMITED COMMERCIAL (CL); 6) CHANGING THE LAND USE DESIGNATION OF CERTAIN PROPERTIES WI1ZIN UNIT 17 OF SEBASTIAN HIGHLANDS FROM LOW DENSITY RESIDENTIAL (ID) TO MEDIUMDENSITYRESI- DENTIAL (MD); 7) CHANGING THE LAND USE DESIGNATION OF CERTAIN PROPERTIES LOCATED WITHIN UNIT 17 OF SEBASTIAN HIGHLANDS FROM MEDIUMDENSITYRESIDENTIAL (MD) TO LOW DENSITY RESIDENTIAL (iD); 8) PROVIDING FOR A COMMERCIAL OFFICE RESIDENTIAL (COR) DESIGNATION ON A RECENTLY ANNEXED LAND IN THE N.W. QUARTER OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, KNOWN AS "FISCHERS CORNER"; 9) PROVIDING A LAND USE DESIGNATION OF loW DENSITY RESIDENTIAL (LD) TO CERTAIN PROPERTIES LYING NORTH OF COUNTY ROAD 512 AND WEST OF GARDENIA SIREET IN %~tE N.W. 1/4 OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST AND THE $.W. 1/4 OF SECTION 14 TOWNSHIP 31 SOUTH, RANGE 38 EAST; 10) CHANGING RUE LAND USE DESIGNATION OF CERTAIN PROPERTIES WIiZIN INDIAN RIVER HILLS SUBDIVISION FROM COMMERCIAL WATERFRON~T (CW) TO LIMITED COMMERCIAL (CL); ii) CHANGING I~E LAND USE DESIGNATION OF THAT PARCEL OF LAND LYING EAST OF F.E.C. RAILWAY, AND WEST OF U.S. HIGHWAY #1, AND RUNNING SOUTH OF 9TH STREET 1550 FEET ALONG U.S. HIGHWAY #1 FROM LIMITED COMMERCIAL (CL) TO GENERAL COM- MERCIAL (CG); 12) CHANGING 2ME LAND USE DESIGNATION OF CERTAIN PROPERTIES LOCATED IN SECTION 6, TOWNSHIP 31 S., RANGE 39 E., SOUTH OF MAIN STREET, WEST OF THE F.E.C. RAILWAY AND EAST OF LOUISIANA AVENUE FROM COMMERCIAL OFFICE RESIDEbrI~IAL (COR) TO INDustrIAL (IND); 13) PROVIDING A LAND USE DESIGNATION OF MOBILE HOME (MH) TO CERTAIN PROPERTIES LOCATED IN ~}tE S.E. 1/4 OF SECTION 20, TOWNSHIP 31 SOU~, RANGE 39 E; AND 14) PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has recormmnded and the Council has detemnined that certain changes in the C~nprehensive Plan Land Use Map of the City of Sebastian are needed in order to include recently annexed areas and main- tain consistency with the zoning map of the City of Sebastian; WHEREAS, the Planning and Zoning Commission in concert with the City Council at several joint workshops after due and diligent consideration proposed certain amendments to the Comprehensive Land Use Plan Map; WHEREAS, the Council finds and determines that the proposed amendments affect less than five (5) percent of the total land area of the City of Sebastian. WHEREAS, the Council has held two public hearings on the proposed amend- ments; WHEREAS, the Council finds and determines that the adoption of the amend- ments is in the best interests of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COU1YI~f, FLORIDA, to-wit: Lots 8, 9, 10, 18, 19 and 20, Block 1, INDIAN RIVER HILLS SUBDIVISION. Be and the same is hereby redesignated from Limited Corm~ercial (CL) to Commercial Waterfront (CW). SECTION II THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN %}IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: The South 75 feet of Lot 5 and Lots 6 and 7 of Block 1, INDIAN RIVER HILLS SUBDIVISION. Be and the same is hereby redesignated from Limited Cormnercial (CL) to Con~nercial Office Residential. SECTION III THAT ~ FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: That property which abuts the southern boundary of Lot 10 of Block 1, INDIAN RIVER HILLS SUB- DIVISION, running South 152.9 feet along U.S. Highway #1, thence running Fast 200 feet, thence running North 315 feet, along Riverside Avenue, thence running West 205 feet. Be and the sane is hereby redesignated from Limited Commercial (CL) to Commercial Office Residential (COR). SECTION iV THAT THE FOLLOWING DESCRIBED PROPERTY IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: Lots 1, 2, and 3 of Block 2, MIDDLETON SUB- DIVISION, and approximately 87 feet abutting Lot 3, running south approximately 300 feet along Riverside Avenue. Be and the same is hereby redesignated from Commercial Office Residential (COR) to Limited Conm~ercial (CL). SECTION V THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: Blocks 485, 490, and 492, Unit 12, SEBASTIAN HIGHLANDS SUBDIVISION; -3- and Blocks 188 and 189, Unit 6, SEBASTIAN HIGHLANDS SUBDIVISION; and Block 508, Units 12 and 15, SEBASTIAN HIGHLANDS SUBDIVISION; and Blocks 185, 186, and 187, unit 8, SEBASTIAN HIGHLANDS SUBDIVISION. Be and the same is hereby redesignated from Commercial Office Residential (COR) to Limited Commercial (CL). SECTION VI THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit; Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, Block 605, Unit 16, SEBASTIAN HIGHLANDS SUBDIVISION; and Lots 7, 8, 9, 10, 11, 12, 13 and 14, Block 604, Unit 16, SEBASTIAN HIGHLANDS SUBDiViSiON. Be and the same is hereby redesignated from Low Density Residential (LD) to Medium Density Residential (MD). SECTION THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED iN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: Lots 1, 2, 3, 4, and 5, Block 611, Unit 16, SEBASTIAN HIGHLANDS SUBDIVISION. Be and the same is hereby redesignated from Medium Density Residential (MD) to Low Density Residential (LD). SECTION VIII THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: Beginning at the intersection of the West right-of-way line of U.S. Highway #1 and the North line of Sebastian Highlands Unit 7; thence run N 89° 20' 25" W along said North line a distance of 734.07 feet to the east right-of-way of the FEC railway; thence run N 21° 06' 39" W along said east right-of-way a distance of 602.41 ft. to a Point of Curve; thence along said curve to the Southeast having a radius of 85.0 feet, a delta angle of 89° 51' 30" an arc distance of 133.31 feet to the Point of Tangency; thence run N 69° 01' 51" E along the South right-of-way of Old Dixie Highway (a 50 feet right-of-way) a distance of 415.47 feet; thence run N 76° 26' 37" E a distance of 125.01 feet to the west right-of-way of U.S High way No. one; thence run S 25° 22' 17" E along sa'id right-of-way a distance of 727.51 feet to the Point of Beginning. Be and the same is hereby designated Commercial Office Residential (COR}. All land having recently been annexed into the City of Sebastian and not having been previously designated on the Comprehensive Plan Land Use Map. SECTION .,t~X THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: The E 1/2 and N.W. 1/4 of the N.W. 1/4 of Section 23, Township 31 South, Range 88 East; and The S.W. 1/4 of Section 14, Township 31, South, Range 38 E, less those parcels of land lying E of the Sebastian River Water Management District Floodplain Easement and West of the San Sebastian Springs Subdivision. Be and the same is hereby designated Low Density (LD). All land having recently been annexed into the City of Sebastian and not having been previously designat- ed on the Comprehensive Plan Land Use Map. SECTION X~ THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: Lots 1, 2, 3, 4, 11, 12, 13, 14, and 15, Block 1, INDIAN RIVER HILLS SUBDIVISION. Be and the same is hereby redesignated from Commercial Waterfront (CW) to Limited Commercial {CL). SECTION XI., THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: That parcel of land lying East of the F.E.C. Railway, West of U.S. Highway #1, and running South of 9th Street 1550 feet along U.S. Highway ~1. Be and the same is hereby redesignated from Limited Commercial (CL) to General Commercial (CG). SECTION XII THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: Those parcels of land lying west of the FEC Railway, East of Louisiana Avenue, running south of Main Street along the FEC Railway approximately 1150 feet. Be and the same is hereby redesignated from Commercial Office Residential {COR) to Industrial {IND). SECTION XI~'I THAT THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, to-wit: That parcel of land located in N.W. ¼ of the S.E. ¼ of Section. 20 and the North 375 feet of the S.W. ¼ of the S.E. ¼ of Section 20, all located in Township 31 South, Range 39 E. Be and the same is hereby designated Mobile Home {MH}. All land having recent- ly been annexed and having not been previously designated on the Comprehensive Plan Land Use Map. SECTION If any section, subsection, sentence, clause, phrase, or word or this ordinance is for any reason held unconstitutional or invalid, for any reason, such rulings shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. SECTION XV,- INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the City Code and the word "ordinance"may be changed to "section", "article", or other appropri- ate word, and the sections of this ordinance may be renumbered, reserved or relettered to accomplish such intentions. SECTION SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such hold- ings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such uncon- stitutional, invalid or inoperative part. SECTION XVII REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the City Council of the City of Sebastian, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of Official Acknowledgement that this ordinance has been filed with the Department of State. i HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the ~day of ~, 1985. -ATTEST: City Clerk I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance as given in accordance with Section 163.3184 of the Florida Statutes, that said public hearing was held in the City Hall of the city of Sebastian, Florida, at the day of ~-~, 1985, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the ~/~ day of ~ , 1985. City Clerk