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HomeMy WebLinkAboutO-94-13ORDINANCE NO. 094-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING~ REZONING CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL AIRPORT FROM IN (INDUSTRIAL DISTRICT) TO AI (aIRPORT AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Airport Master Plan was adopted by the City of Sebastian; and WHEREAS, the current zoning is consistent with airport master plans except for a strip of land which is described in this Ordinance; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-11.6 of the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council of the City of Sebastian, Florida, has determined that the requested change in zoning should be made in the public interest to provide the property described in this Ordinance is zoned in accordance with the Airport Master 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 the following described real property: A PARCEL OF LAND LYING IN SECTION 29 OF THE FLEMING GRANT BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID SECTION 29; THENCE $ 44°09'59'' E, 818.81 FEET TO THE CENTERLINE OF ROSELAND ROAD; THENCE N 04°37'30'' W ALONG SAID CENTERLINE 514.65 FEET; THENCE S 89°57'45'' E, 644.46 FEET TO THE POINT OF BEGINNING; THENCE N 00°02'15'' E, 1936.00 FEET; THENCE S 89°57'45'' E, 425.00 FEET; THENCE S 00°02'15'' W 3970.00 FEET; THENCE N 89°57'45'' W 425.00 FEET; THENCE N 00°02'15 E, 2034.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,687,250 SQUARE FEET OR 38.73 ACRES, MORE OR LESS. SAiD PROPERTY BEING LOCATED IN INDIAN RIVER COUNTY, FLORIDA. Section 2. DISTRICT. That the real property described in this Ordinance is hereby rezoned from IN (Industrial District) to City Zoning District AI (Airport and Industrial Facilities District). 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. SEVERABILIT¥. 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 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 and effect. Section 5. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance Councilmember~__ ~.~,~.~,~ ~ by Councilmember~_ ~,'~~,,~,12'~ was moved into a vote, the vote was as follows: for adoption by The motion was seconded and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor th. ereupon d~_~_~lared this Ordinance duly passed and adopted this day o ....... J~.Y.~ , 1995. CITY~TIAN, FLORIDA ATTEST: (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney