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HomeMy WebLinkAboutO-88-38DeCristofaro Land Use _._6O6_9_69 ORDINANCE NO. 0-88-38 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 INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 9 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; 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 to voluntarily annex said parcels of property; and WHEREAS, the City Council has found and determined that the annexation of said parcels of property are in the best interests of the City of Sebastian and have annexed said parcels into the City; and WHEREAS, it is necessary to amend the Comprehensive Land Use Plan of the City of Sebastian to reflect the addition of these parcels of property to the land area incorporated within the City limits. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: O SECTION 1. PROP~.RTY. 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: The South One-Quarter (1/4), of the Northwest One-Quarter (1/4), of the Northeast One-Quarter (1/4), of Section 7, Township 31 South, Range 39 East; And also, Beginning at the Southwest corner of Lot 1, Section 7, Township 31 South, Range 39 East, run North 330.00 feet along the west line of said Lot 1; thence, due East on a line parallel to the South line of said Lot 1, to the Right-of-Way of the Florida East Coast Railway; thence, in a Southerly direction along said Right-of-Way to the South line of Lot 1, in Section 7, Township 31 South, Range 39 East, and from said point, thence, West to the Point of Beginning; containing 11.038 Acres more or less and except that part of Lot used as a Right-of-Way for Public Highway, also less and except, the East 300.00 feet thereof as measured perpendicular to the west Right-of-Way Line of Old Dixie Highway, said East 300.00 feet being west of and coincident with said Right-of- Way of Old Dixie Highway; the remaining parcel of land contains 9.032 Acres, more or less and lies wholly in Indian River County, Florida. Q.R_. 8_36_P.6_.. : 192 SECTION 2. DESIGNATION. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of IN (Industrial for the property which is the subject 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILIT¥. 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 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 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. ATTEST: ~' ~', / Ka'th~h~%~. ~.O'Halloran, CMC/AAE · c tY CITY OF SEBASTIAN, FLORIDA 2 _..0,. B;. 836 _r 6 .... .... 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 hereon were,.h,e, ld ~t City. Hall, City of Sebastian, the first on the ~ , ~ '~" a~tdel~8~ transmittal t° g~i'Sl Ordin~.-~e~:,Was adopted by the~ity Council. ~ ' at which time .,..,, ' :: ~..~ ,:,~... ' . ApproVed' a~ and Charles Ian Nash, City Attorney 3 O. R._ 836 PS .... 21.9_4