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HomeMy WebLinkAboutO-89-30ORDINANCE NO. 0-89-30 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 WITH RESPECT TO THREE PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED IN THE SOUTHEAST SECTION OF THE CITY, ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND NORTH OF MABRY STREET;AMENDING THE COMPREHENSIVE USE PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY MD (MEDIUM DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY IND (INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. -© ~ i-n m ':;o z-.~O WHEREAS, the owner of three parcels of property described herein has made application to the City of Sebastian to amend the land use designation of said parcels of property; and WHEREAS, the City Council has found and determined that the proposed land use amendment with respect to said parcels 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. PARCEL #1. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of LD (Low Density) for the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: 1 A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST 120 FEET OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 120 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 140 FEET OF THE WEST 180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND ALSO THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH 89° 35' 01" WEST, ALONG THE SAID SOUTH LINE, FOR A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 14 54' 47" WEST, 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 AND 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 SOUTH 89° 35' 01" WEST, FOR A DISTANCE OF 325.81 FEET; THENCE NORTH 00°24' 59" WEST, 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 NORTH 89 35' 01" EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90° 00' 00", A DISTANCE OF 39.27 TO THE POINT OF TANGENCY; THENCE NORTH OO 24' 59" WEST, 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 21" 23' 44", A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21" 48' 43" WEST, 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 BEARS SOUTH 15" 56' 24" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104" 29' 46", A DISTANCE OF 89.37 FEET; THENCE NORTH 21~ 48' 43" WEST, A DISTANCE OF 653.36 FEET TO THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND POINT OF TERMINATION. CONTAINING 12.00 ACRES MORE OR LESS. ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY, FLORIDA. SECTION 2. PARCEL #2. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of MD (Medium Density) for the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY· FLORIDA, BEING THE WEST HALF OF THE SOUTHWEST QUARTER AND ALSO THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LESS THE WEST 120 FEET OF THE SAID WEST HALF AND THE NORTH 120 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTH 140 FEET OF THE WEST 180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER THEREOF, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100. R/W); THENCE SOUTH 89a 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; NORTH 14° 54' 47" WEST, 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 AND 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; THEN'CE SOUTH 89a 35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH O0~ 24' 59" WEST, 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 NORTH 89° 35' 01" EAST; THENCE NORTHEASTERLY AND 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 NORTH O0~ 24' 59" WEST, 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 21°' 23' 44", A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21" 48' 43" WEST, 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 BEARS SOUTH 15° 56' 24" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104p 29' 46", A DISTANCE OF 89.37 FEET; THENCE NORTH 21a 48' 43" WEST, A DISTANCE OF 653.36 FEET TO THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND THE POINT OF TERMINATION. 3 CONTAINING 75.63 ACRES, MORE OR LESS. ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY, FLORIDA. SECTION 3. PARCEL #3. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of IND (Industrial) for the follow±ng described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE EAST HALF OF THE SOUTHWEST QUARTER, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH 89~ 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; NORTH 14 o 54' 47" WEST, 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 AND 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 SOUTH 89 35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH 00~ 24' 59" WEST, 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 NORTH 89~ 35' 01"; THENCE NORTHEASTERLY AND 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 NORTH 00° 24' 59" WEST, 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 21° 23' 44" A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21 ~ 48' 43" WEST, 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 BEARS SOUTH 15~ 56' 24" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104 o 29' 46", A DISTANCE OF 89.37 FEET; THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 653.36 FEET TO THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND THE POINT OF TERMINATION. CONTAINING 28.92 ACRES, MORE OR LESS. ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY, FLORIDA. SECTION 4. 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 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. CITY OF SEBASTIAN, FLORIDA ~a'~hry~ ~. O'Halloran, CMC/AAE City Clerk 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 hereoD were held;at City Hall, City of Sebastian, the first on the~day of ~~t~ , 19~0 , followed by transmittal to the Department of Communi~ Affairs of the ..... ~tate of Florida, and the second on the J~'~ day of~~~. , 19~0 , at which time this Ordinance was a.dOpte~-b¥ the City Counc~l~ APprove~ aS to Form and Content: Charles lan Nash, City Attorney CITY OF SEBASTIAN P.O. BOX 780127 1225 MAIN STREET SEBASTIAN, FLORIDA 32978-0127