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HomeMy WebLinkAboutO-88-41Flatt Land Use 606972 ORDINANCE NO. O-88-41 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 MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 2.5 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: 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: That certain parcel of land lying in the Northeast One- Quarter (1/4) of Section 7, Township 31 South, Range 39 East, lying West of the Florida East Coast Right-of-Way, being in Government Lot 1 and Lot 2 more particularly described as follows: point of beginning at the intersection of the Westerly Right-of-Way of Florida East Coast and South lot line of Government Lot 1; run West along the South line of Government Lot 1 and continued along the South line of Government Lot 2 for a total distance of approximately 320 feet; thence run North, Northwest along a line parallel to the Florida East Coast Right-of-Way and run a distance of 330 feet; thence run East along a line parallel to the South lot line of Government Lot 1 and 2, to the intersection with the West Right-of-Way of Florida East Coast; thence run South, Southeast along the West Right-of- Way line of the Florida East Coast a distance of approximately 330 feet to the point of beginning, LESS AND EXCEPT the public right-of-way known as Old Dixie Highway immediately adJancent to and West of the Florida East Coast Right-of-Way. Said parcel of land lying in Indian River County. O.R. 836 PG 2202 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. SEVERABILiTY. 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. . ~TTEST: '.'...k.athrgn M..~.O]H~l!oran, CMC/AAE City 12terk x.:, CITY OF SEBASTIAN, FLORIDA O.R.._836...PG 2203 : "./ Approved 'a~'~o '.Form and Content: Ch%~l~s Ian Nash, City Attorney I HEREBY CERTIFY that two notices of public hearing on this Ordinance were published in the Vero Beach Press Journal as required by State Statute, and that two public hearings hereon were held_a~ City. Hall, City of Sebastian, the first on the day of __~_~~_ ..... 1981, followed by transmittal to Department 6f Community Affairs of the State of Florida, and the se¢~n~.~o~,the /~. day of ~J~ , 198 ~ , at which time ~...t~'is ~ihaDce ~s adopted by the Ci~ty Council. a~ M.. 0 ~Halloran, CMC/AAE j~ ~ ~ ~ ~c~ ~ 3 O.R. 836..P6 2204