HomeMy WebLinkAboutO-92-08*" '" '-~ ' pO~Ut~,~Et~ITARY STAMPS
~.~ JEFFREY K. BARTON, CLERK
2~' no
ORDINANCE 0-92-08
REcoRD vERIFiED
jEFFREY K, BARTON
cLERK CiRCUiT coURT
iNDIAN RIVER CO., FLA
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE CITY,
APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH
OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE
SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING DISTRICT
AG-1 (AGRICULTURAL) TO CITY ZONING DISTRICT RS-10
(SINGLE-FAMILY RESIDENTIAL); 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 petitioned the City of Sebastian for an amendment to
the Zoning Ordinance; and
WHEREAS, the City Council has provided notice of the
proposed zoning change and conducted a public hearing to receive
citizen input; and
WHEREAS, the City Council has considered the criteria
identified in Section 20A-11.6.C. of the Land Development Code
together with the recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the city Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
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 change in zoning
classification created by the adoption of this Ordinance shall
apply to following described real property:
BEING that part of the Southeast ¼ of the Northeast ¼
of Section 26, Township 31 South, Range 38 East, Indian
River County, Florida, lying North and East of the
lands:
BEING an easement and right-of-way 200 feet in width
across the Southeast ¼ of the Northeast ¼ of Section
26, Township 31 South, Range 38 East, being 100 feet on
each side of the following described baseline as
recorded in Official Record Book 194, page 415 of the
Public Records of Indian River County, Florida:
BEGINNING at the Southeast corner of the Northeast ¼ of
aforesaid Section 26, run N41°42'15"W, a distance of
610 feet; thence run N53°52'05"W, a distance of 600
feet; thence run N73"42'05"W, a distance of 377.52
feet; thence run N53o50'05"W, a distance of 92.13 feet,
to a point on the West boundary and 347 feet South of
the Northwest corner of the aforesaid Southeast ¼ of
the North- east ¼ of Section 26, Township 31 South,
Range 38 East, indian River County, Florida.
Section 2. DISTRICT. That the real property described in
this Ordinance is hereby rezoned from County District AG-1
(agricultural) to City Zoning District RS-10 (single-family
residential). The official City Zoning Map shall be amended to
reflect this change in zoning district.
Section 3. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. SEVER~BILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or uncon~,titutional,~ the remainder of
the Ordinance shall not be affected and it shall 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
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and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by
council
by Council
vote, the vote was as follows:
The motion was seconded
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Francis Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Ordinance duly p~ssed and
adopted this ~ day of ~~ , 1993.
ATTEST:," ..
~at~hry~ M. O'Hff'lloran,
;City Clerk '.~.'~ '
.... (SEAL)
CMC/AAE
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published .in the Veto Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the 2~day of.~6~ , 1993,
and that following said public hearing this Ordinance was passed
by the city Council.
Kathry~ M. O'Halloran, CMC/AAE
city Clerk
Approved as~Form and Content:
Charle~ Ian ~ash, City Attorney
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SECTION 26 TOWNSHIP 31S RANGE 38E
BEVAN
D
332
340
UNIT
1:3¸
~,, TR. D
CITY
339
SITE
18.3965 ACRES
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
25