HomeMy WebLinkAboutO-88-31/ Vickers Rezoning
ORDINANCE NO. O-88-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHEAST SECTION OF THE CITY,
APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST
SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY;
FROM COUNTY ZONING DISTRICT MXD TO CITY ZONING DISTRICT
IN (INDUSTRIAL); 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 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 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 the Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
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 change in zoning
classification created by the adoption of this Ordinance shall
apply to the the following described real property:
Ail that part of the Northwest one-quarter (1/4) of the
Northeast one-quarter (1/4) of Section 20, Township 31
South, Range 39 East, Indian River County, Florida,
more particularly described as follows: Beginning at a
point in the South line of said Northwest one-quarter
(1/4) of the Northeast one quarter (1/4) of Section 20,
Township 31 South, Range 39 East, 380 feet from the
Southwest corner of said Northwest one-quarter (1/4) of
the Northeast one-quarter (1/4) of said Section, thence
run 14 degrees 14 minutes West, 1361.80 feet to the
North line of said Section; thence run East along said
North line 45 feet to the West line of the Florida East
Coast Railway right-of-way; thence Southeasterly along
the West line of said right-of-way 1486 feet to the
South line of said Northwest one-quarter (1/4) of the
Northeast one-quarter (1/4) of said Section; thence 380
feet, more or less, to the Point of Beginning; LESS AND
EXCEPT THEREFROM the South 30 feet thereof for road
right-of-way; ALSO,
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O.R. 836 P6 2168
Beginning at the North line of the Northwest quarter of
the Northeast quarter of said Section 20 and the
Southwesterly right-of-way line of the Florida East
Coast Railway right-of-way (100 foot right-of-way),
thence S 89Q35'01"W., along the said North line, a
distance of 11.01 feet, thence S 14~ 54'47"E., 1330.33
feet to the North right-of-way line of Vickers Road
(60' right-of-way), thence S 89° 25'33"W., along said
right-of-way line, a distance of 61.92 feet, said point
being 341.41 feet east of the West line of the said
Northwest quarter of the Northeast quarter· thence N 14
54'47"W., a distance of 1330.51 feet to the North line
of said Northwest quarter of the Northeast quarter of
said Section 20, thence N 14~ 54'47"W., a distance of
50.42 feet to a point of curvature of a curve, concave
Southwesterly, having a radius of 195.00 feet, thence
Northwesterly, Easterly, along the arc of said curve,
thru a central angle of 75° 30'12", a distance of
256.97 feet to the point of tangency, thence S 89~
35'01"W., a distance of 325.81 feet, thence N 00~
24'59"W., a distance of 60.00 feet to a point of
curvature of a curve, concave Northwesterly, having a
radius of 25.00 feet and a tangent bearing of N 89~
35'01"E., thence Northeasterly· Northerly, along the
arc of said curve, thru a central angle of 90"00'00'', a
distance of 39.27 feet to the point of tangency, thence
N 00" 24'59", a distance of 50.53 feet to a point of
curvature of a curve· concave Southwesterly, having a
radius of 370.00 feet, thence Northwesterly, along the
arc of said curve· thru a central angle of 21c 23'44"
a distance of 138.17 feet to the point of tangency,
thence N 2~ 48'43"W., a distance of 2371.66 feet to a
point of curvature of a curve, concave Northeasterly,
having a radius of 49.00 feet, thru which a radial line
S 15 56'24W., thence Northwesterly, along the arc of
said curve, thru a central angle of 1040 29'46", a
distance of 89.37 feet, thence N 21~ 48'43"W., a
distance of 653.36 feet to the north line of the
Southeast quarter of the Southwest quarter of the
Northwest quarter of said Section 17, thence N 89~
59'30"E., along said North line, a distance of 387.74
feet to the said Southwesterly right-of-way line of the
Florida East Coast Railway· thence S 21° 48'43"E.,
along said right-of-way line, a distance of 2786.57
feet to a point of curvature of a curve· concave
Northeasterly, having a radius of 11,541.72 feet,
thence Southeasterly, along the arc of said curve, thru
a central angle of 0~ 05'47", for a distance of 825.18
feet to the Point of Beginning; containing 30.53 acres,
more or less.
SECTION 2. DISTRICT. That the real property described in
this Ordinance is hereby rezoned from County District MXD, to
City Zoning District IN (Industrial). The official City Zoning
Map shall be amended to reflect this change in zoning district.
SECTION 3. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. 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
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O._R. 8.36 P6
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
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
CITY OF SEBASTIAN, FLORIDA
· ~ath~ M~.~'O'Hallor~n, CMC/AAE
- ~-' City Clerk,
3
.... O..a. 836 P6 2170
I HEREBY CERTIFY that a notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by State Statute, that one Public hearing was held on
this..~Ord~a~e on the ~ day of ~~ , 198~, and that
fo~--.owin~/sa~d,, Dublic hearing this Ordnance was passed by the
· .KDthry~ M'. O,Ha~ioran, CMC/AAE
Approved a~o Form and Content:
OOC. ST.- ~'~T.
tnc~ ~lve~ County - by .-~..' ~~.~_
Chapel's Ian Nash, City Attorney
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O.R. 836_.P6 2171