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HomeMy WebLinkAboutO-91-05ORDINANCE NO. 0-91-05 RECORD VERIFIED JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVE~ CO,, FLA 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 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 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 annexat±on of said parcels of property are ±n the best interests of t~'~e C±t¥ of Sebast±an and have annexed said parcels into the C±t¥; and WHEREAS, it is necessary to amend the Comprehensive Land Use Plan of the C±t¥ of Sebastian to reflect the addition of these parcel8 of propert¥ to the land area incorporated within the C±t¥ limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE Z 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: Parcel 1 - The North half of the South half of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 31 South, Range 39 East, said land lying and being in Indian River County, Florida. Parcel 2 - Beginning 772.92 feet south of the Northwest angle of Lot 1, in Section 7, Township 31 South, Range 39 East, said point being the intersection of the Westerly right-of-way of Old Dixie Highway and the West line of said Lot 1, Section 7, Township 31 South, Range 39 East; thence run south a distance of 217.08 feet; thence run east a distance of 98.30 feet to the said Westerly right-of-way of Old United States Highway 1; thence run Northwesterly along said West right-of-way a distance of 238.61 feet more or less to the point of Beginning. 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 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 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 2 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. The_ foregoinG Ordinance was moved for adoption by Councilman ~ _ _,_ ~ The motion was seconded by Councilman ~_~/~C~C,~ .... and, upon beinG put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Ge0r§e Reid Councilman Lonnie R. Powell Councilman Peter ~01yk The Mayor thereupon declared this Ordinance duly passed and adopted this day of ~~ , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn~M. O'Halloran, CMC/AA~, City Clerk 3 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 held 9t City Hall, City of Sebastian, the first on the~ day of .?~b~_ _~_~ ...... , 19 4/ , followed by transmittal to Department of Community Affai~-Df the State of Florida, and the s~COnd on the /~ day of ~ , 19~/ , at which time this Ordinance was adopted by thy City Council. Kathry~'-M. O'Halloran, CMC/AAE cit~, c~erk Appr~ to Form and Content: Charles Ian Nash, City Attorney 4 ~m~ ~ .... I [ .... i~O$iER ''1 WOODMEN~ o,,,(, o-~tl-os'' 998gsaZ060~]o