HomeMy WebLinkAboutO-94-14ORDINANCE NO. 0-94-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA; PERTAINING TO A CHANGE
IN THE COMPREHENSIVE ~ND USE PLAN; AMENDING
ORDINANCE 0-91-17; ;~ENDING THE COMPREHENSI%q~
LAND USE PLAN MAP FROM INDIkN RIVER COUNTY M-2
DISTRICT (MULTI-FAMILY, 10 UNITS PER ACRE) TO
CITY CG DISTRICT (COMMERCIAL GENERAL) FOR LA/~D
LOCATED IN THE NORTH CENTRAL SECTION OF THE
CITY. SUBJECT LAND IS COMPRISED OF THREE
PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS,
LOCATED APPROXIMATELY 957 FEET SOUTH OF THE
NORTHERN MOST BORDER OF THE CITY OF SEBASTIAN,
BORDERED ON THE WEST BY U.S. 1, BORDERED ON
THE EAST BY THE FLEMING GRANT LINE, AND IS
APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN
CEMETERY.
WHEREAS, the owner of the parcel of property described herein
has petitioned the city of Sebastian, Indian River county, Florida~
to voluntarily annex said parcel of property; and
WHEREAS, the city Council has found and determined that the
annexation of said parcel of property is in the best interest of
the city of Sebastian; and
WHEREAS, it is necessary to amend the Comprehensive Land Use
Plan of the City of Sebastian to reflect the addition of this
parcel of property to the land area incorporated within the city
limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:'
Ordinance 0-91-17 of t~e City of Sebastian is hereby amended
to add a provisions which read 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 Indian River County,
Florida:
PARCEL #!
That part of Lots 23 and 24 of WAUREGkN SUBDIVISION,
lying East of U.S. Highway #1, West of Fleming Grant
Line, described as follows:
The Point of Beginning formed by the intersection of the
Easterly right-of-way of U.S. Highway ~1 with the common
boundary between Lots 23 and 24 of WAUREGAN;
Thence proceed Northwesterly along the Easterly right-of-
way of U.S. Highway ~1 a distance of 159.06 feet;
Thence proceed Northeasterly along the line which bisects
Lot 23 into North and South halves, a distance of 229.27
feet, more or less, to the intersecting point with the
Fleming Grant Line;
Thence proceed Southeasterly along said Fleming Grant
Line, a distance of 323.91 feet, more or less;
Thence proceed Southwesterly along a line which parallels
the Southerly boundary of Lot 24 (Wauregan), a distance
of 266.16 feet, more or less, to the intersecting point
with the Easterly right-of-way of U.S. Highway #1;
Thence proceed Northwesterly along said Easterly right-
of-way, a distance of 168.03 feet to the Point of
Beginning;
All in WAUREGAN, Fleming Grant, according to the Plat
filed in the office of the Clerk of the circuit Court of
Brevard County, Florida, in Plat Book 1, Page 75, and
refiled in the office of the Clerk of the Circuit Court
of St. Lucie County, Florida, in Plat Book 1, Page 178
and 179; said land now lying and being in Indian River
County, Florida; being Section 30 Fleming Grant.
All of Lot 22, lying East of U.S. Highway #1 of WAUREGAN
SUBDIVISION. The point of beginning formed by the common
boundary between Lots 22 and 23, where it intersects with
the Easterly right-of-way for U.S. Highway #1. Thence
run Northwesterly, along said Easterly right-of-way, a
distance of 318.12 feet, thence run Northeasterly along
the common boundary of Lots 22 and 21, a distance of
168.50 feet, intersecting with the Fleming Grant line;
thence run Southeasterly, along Fleming Grant line, a
distance of 315.0 feet, thence run Southwesterly along
the common boundary of Lots 22 and 23, a distance of
207.05 feet, to the point of beginning.
Ail in WAUREGAN, according to the plat filed in the
office of the Clerk of the Circuit Court of Brevard
County, Florida, in Plat Book 1, Page 75; and refiled in
the office of the Clerk of the circuit Court of St. Lucie
County, Florida, in Plat Book 1, Pages 178 and 179; said
land now lying and being in Indian River County, Florida.
That property located in Wauregan Subdivision lying east
of U.S. Highway #1, West of Fleming Grant line, and a
part of Lot 23, Wauregan, as follows:
The point of beginning being the point of intersection
formed by the Easterly right-of-way of U.S. Highway #1
with the Northerly boundary line of Lot 23. From said
point of beginning proceed Northeasterly along the
Northerly boundary of Lot 23, a distance of 207.03 feet
to the intersecting point with Fleming Grant line; thence
Southeasterly along said Fleming Grant line, a distance
of 157.5 feet; thence proceeding Southwesterly on a line·
which bisects Lot 23 into North and South halves, a
distance of 229.27 feet, more or less, to the
intersecting point with the Easterly right-of-way of U.S.
Highway #1; thence Northwesterly along said Easterly
right-of-way a distance of 159.06 feet to the point of
beginning. All located in Wauregan Subdivision, lying in
Section 30 Fleming Grant, according to Plat filed in the
office of the Clerk of the circuit Court of Brevard
County, Florida, in Plat Book 1, Page 75, and refiled in
the office of the Clerk of the circuit Court of St. Lucie
County, Florida, in Plat Book 1, Pages 178 and 179, said
land now lying and being in Indian River County, Florida.
Section 2. DESIGNATION. Map 1-1(a) which is attached shall
serve as the Future Land Use Map for Policy Designations in the
Comprehensive Plan. The designation of CG (Commercial General) is
hereby assigned to the property which is the subject of this
Ordinance in the Comprehensive Land Use Plan. All other pertinent
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provisions of the Comprehensive Land Use Plan shall apply to said
property.
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. Ail ordinances or parts of ordinances~
in conflict herewith are hereby repealed.
Section 5. 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 the
Ordinance shall not be affected and it shall be presumed 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 6_~. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CIT~OF SEBASTIAN, FLORIDA, ON
FIRST READING, THiS ~=~
-- DAY OF ~)~C~ng~ , 1994.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF,S~BASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS ~-- DAY OF
The foregoing
Councilmember
ordinance was
by Councilmember ~
into a vote, the vote was as follows:
moved for
adoption by
The motion was seconded
and, upon being put
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Mayor Arthur L. Firtion
vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Ordinance duly passed and
adopted this /~- day of ~ ., 199~.
Ar{hU~ L. Firti0n, Mayor
, CMC/AAE
Form and Content:
Clifton A. McClelland, Jr.
city Attorney
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