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HomeMy WebLinkAboutO-89-28RECORD V~RI FtI~ JEFFREY K. BARTO,~'! ' CLERK CIRCUIT COURT INDIAN RIVER CO,, FLA ORDINANCE NO. 0-89-28 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 COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 1.85 ACRES MORE OR LESS, LOCATED ON THE WEST SIDE OF THE U.S. HIGHWAY ONE, EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, AND NORTH OF SCHUMANN DRIVE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the parcel of property described herein has made application to the City of Sebastian to amend the land use designation of said parcel of property; and WHEREAS, the City Council has found and determined that the proposed land use amendment with respect to said parcel of property is in the best interests of the City of Sebastian. 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: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, SECTION 8, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN NORTH 89° 36' 19" WEST A DISTANCE OF 48.93 FEET TO A POINT ON THE PRESENT WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1 SAID POINT BEING THE POINT OF BEGINNING FOR THE FOLLOWING MEETS AND BOUNDS DESCRIPTION. FROM SAID POINT OF BEGINNING RUN NORTH 89° 36' 19" WEST TO THE SOUTH LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 242.38 FEET; THENCE RUN NORTH 26" 04' 20" WEST, 370.42 FEET; THENCE RUN SOUTH 89" 35' 15" EAST 243.18 FEET MORE OR LESS TO A STEEL PIN ON THE AFORESAID' WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1; THENCE RUN SOUTH 25" 57' 59" EAST ALONG SAID RIGHT-OF-WAY LINE 370 FEET TO THE POINT OF BEGINNING. CONTAINING 1.85 ACRES MORE OR LESS. SECTION 2. DESIGNATION. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of CG (Commercial General) for the property which is the subject of this Ordinance. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith ar~ hereby repealed. SECTION 4. 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 5. EFFEC?IVE DATE. This Ordinance shall take effect immediately upon final passage. CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor 2 I HEREBY CERTIFY that two notices of public hearing on this Ordinance were published in the Veto Beach Press Journal as required by Section 163.3184 (15)(b) of Florida Statute (1987), and that two public hearings hereop were hel. d at City Hall, Cit? of Sebastian, the first on. the ~q/~day~o~ J/~/u/~/~ ~ __, 19',,~', a~d~ the second on the { .~_ da~---0~ ~~ , '19 ,~, a~ this Ordinance was adopted by the City Council. "Approved 9~ to Form and Content: ar es an ash, City Attorney L City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 3