HomeMy WebLinkAboutO-88-29Sebastian Lakes Land Use
606960
ORDINANCE NO. 0-88-29
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM CG (COMMERCIAL GENERAL) DISTRICT
OF APPROXIMATELY 9.29 ACRES TO CG (COMMERCIAL GENERAL)
DISTRICT OF APPROXIMATELY 17.57 ACRES; ELIMINATING THE
COR (COMMERCIAL/OFFICE/RESIDENTIAL) DISTRICT OF
APPROXIMATELY 6.58 ACRES; FROM MD (MEDIUM DENSITY)
DISTRICT OF APPROXIMATELY 50.68 ACRES TO MD (MEDIUM
DENSITY) DISTRICT OF APPROXIMATELY 49.41 ACRES; ALL OF
SAID CHANGES BEING LOCATED IN THE WEST SECTION OF THE
CITY, BOUNDED TO THE NORTH BY CR 512 (FELLSMERE
HIGHWAY), TO THE EAST BY LACONIA STREET, AND TO THE
SOUTH BY GRANDEUR AVENUE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the parcels of property described
herein have petitioned the City of Sebastian for an amendment to
the Comprehensive Land Use Plan; and
WHEREAS, the City Council has found and determined that it
would be in the best interest of the City of Sebastian to amend
the Comprehensive Land Use Plan as set forth in this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PROPERTY. That the land use change enacted by
the adoption of this Ordinance shall apply to the following
described real property, now lying and being within the
incorporated area of the City of Sebastian, Indian River County,
Florida:
TO CG (GENERAL COMMERCIAL):
Commence at the Southeast corner of Section 14, Township 31
South, Range 38 East, Indian River County, Florida, thence,
North 00 degrees, 24 minutes, 26 second West, along the East
line of said Section 14, 1398.19 feet to a point on the
South right-of-way line of County Road 512, 120 foot right-
of-way; thence, south 37 degrees, 43 minutes, 45 seconds
West, along said right-of-way line 32.39 feet to the point
of beginning of the herein described parcel of land. Thence
continue, south 37 degrees, 43 minutes, 45 seconds West,
along said right-of-way line 1019.22 feet to the point of
curvature of a non-tangent circular curve concave to the
Northwest having a radius of 750.00 feet. Said point bears
North 89 degrees, 23 minutes, 30 seconds East from the
center of said curve; thence, southwesterly, through a
central angle of 9 degrees, 44 minutes, 34 seconds for an
arc distance of 127.53 feet to the point of reverse
curvature of a circular curve concave to the Northeast
having a radius of 670.00 feet; thence, Southeasterly,
through a central angle of 69 degrees, 33 minutes, 20
seconds for an arc distance of 813.36 feet to the point of
reverse curvature of a circular curve concave to the
Southwest having a radius of 750.00 feet; thence,
Southeasterly through a central angle of 28 degrees, 14
O.R. 836 P6 2:'160
minutes, 56 seconds for an arc distance of 369.76 feet to a
point; thence, North 89 degrees, 30 minutes, 46 seconds
East, 51.79 feet; thence, North 00 degrees, 29 minutes, 14
seconds West 501.98 feet; thence, North 00 degrees, 24
minutes, 26 seconds West, 1372.73 feet to the point of
beginning. Said parcel contains 17.57 acres more or less.
TO MD (MEDIUM DENSITY):
Commence at the Southeast corner of Section 14, Township 31
South, Range 38 East, indian River County, Florida; thence,
North 00 degrees, 24 minutes, 26 seconds West, along the
East line of said Section 14, 1398.19 feet to a point on the
South right-of-way line of County Road 512, 120 foot right-
of-way; thence, South 37 degrees, 43 minutes, 45 seconds
West, along said right-of-way line 32.39 feet to the point
of beginning of the herein described parcel of land; thence
continue, South 37 degrees, 43 minutes, 45 seconds West,
along said right-of-way line 1019.22 feet to the point of
curvature of a non-tangent circular curve concave to the
Northwest having a radius of 750.00 feet. Said point bears
North 89 degrees, 23 minutes, 30 seconds East from the
center of said curve; thence, Southwesterly, through a
central angle of 9 degrees, 44 minutes, 34 seconds for an
arc distance of 127.53 to the point of reverse curvature of
a circular curve concave to the Northeast having a radius of
670.00 feet; thence, Southeasterly, through a central angle
of 69 degrees, 33 minutes, 20 seconds for an arc distance of
813.36 feet to the point of reverse curvature of a circular
curve concave to the Southwest having a radius of 750.00
feet; thence, Southeasterly through a central angle of 28
degrees, 14 minutes, 56 seconds for an arc distance of
369.76 feet to a point; thence, North 89 degrees, 30
minutes, 46 seconds east, 51.79 feet; thence, North 00
degrees, 29 minutes, 14 seconds West 501.98 feet; thence,
North O0 degrees, 24 minutes, 26 seconds West, 1372.73 feet
to the point of beginning.
Said parcel contains 49.41 acres more or less.
SECTION 2. DESIGNATION. That the Comprehensive Land Use
Plan Map shall be amended to reflect a designation of CG and MD
for the property which is the sub3ect of this Ordinance.
SECTION 3. NOTIFICATION. That the City shall send a
certified copy of this Comprehensive Land Use Plan Map
designation change to the Department of Community Affairs of the
State of Florida.
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 3urisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
this Ordinance shall not be affected and it will be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
.O..R.__836..__P. iI 2161
provision, thereby causinG said remainder to remain in full force
and effect.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
CITY OF SEBASTIAN, FLORIDA
OOC, ST. - AMT. ~ "~""-~'~
BARTON, Cl~lk ol Clfc~ ~
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o.R. 8_36._P6 :~is
I HEREBY CERTIFY that two notices of public hearing on this
Ordinance were published in the Veto Beach Press Journal as
required by State Statute, and that two public hearings hereo$
were hel~gt City Hall, City of Sebastian, the first on the~
~ay of _~~ .... , 198~_, followed by transmittal!~o
uepartment of Cgmm~nity Affairs, of the State of Florida, and the
second on the /~4~ day of -~.JbL~ , 198 q , at which time
this Ordinance ~ 'adopted by theory Council. '
Kath~n M. ~0~Halloran, CMC/AAE
~A~ip~Qved as~ Form and Content:
Chars~h Nash, City Attorney
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O.R. 836 P6 2163