HomeMy WebLinkAboutR-94-15 RESOLUTION NO. R-94-15
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-33,
PERTAINING TO THE GI~tNTING OF SPECIAL USE PERMIT FOR THE
OPERATION OF ~ MULCHING AND BURNING FACILITY, PURSUANT TO
SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, BY PROVIDING ~ MORE SITE SPECIFIC LEGAL
DESCRIPTION FOR A TRACT OF LAND APPROXIMATELY 25.69 ACRES
IN SIZE LOCATED NORTH OF COUNTY ROAD 512, WEST OF THE
SEBASTIAN RIVER, AND ERST OF THE WESTERN CITY LIMITS,
LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING A
SEVERABILITY CLAUSES AND PROVIDING FOR ANEFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, adopted
Resolution R-92-33, pertaining to the granting of a special use
permit for the operation of a mulching and burning facility,
pursuant to Section 20A-2.6 of the Land Development Code of the
City of Sebastian, and providing for the imposition of conditions
for the issuance of the special use permit and prescribing a time
when the special use permit expires; and
WHEREAS, the applicant has requested the City of Sebastian to
provide more specificity in the legal description set forth in
Resolution No. R-92-33 regarding the site upon which the special
use permit was granted; and
WHEREAS, the city Council of the City of Sebastian has
determined that amending the legal description, pursuant to the
applicant's request, is consistent with Council's intent when
adopting Resolution No. R-92-33.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Resolution R-92-33 shall be amended as follows:
"Section 1. SPECIAL USE PERMIT. The application for the
issuance of a special use permit for the operation of a mulching
and burning facility submitted by Henry Anthony Fischer,
individually, for the real property located at North County Road
512, East of the Sebastian River, and West of the western Sebastian
City limits, in the City of Sebastian, Indian River County,
Florida, being more particularly described as follows:
"A portion of land in Sections 14 and 23, Township
31 South, Range 38 East, Indian River County, Florida,
being more particularly described as follows:
Commencing at the Southwest corner of the Northwest
quarter of aforesaid Section 23, run North 00°19'30'' East
along the West line of Section 23, 300.00 feet; thence
run South 89°40'30'' East, 60.00 feet to the Point of
Beginning. From the Point of Beginning, continue South
89°40,30'' East, 560.00 feet; thence North 00~19'30'' East,
368.40 feet to a point of curvature of a curve concave
Easterly, having a radius of 280.00 feet; thence run
Northerly 98.40 feet along the arc of said curve, through
a central angle of 26"08'11"; thence North 20"27'41''
East, 58.43 feet to a point of curvature of a curve
concave Westerly, having a radius of 195.00 feet; thence
run Northerly 132.64 feet along the arc of said curve
through a central angle of 25~16'57"; thence North
04o49,16'' West, 212.81 feet to a point of curvature of a
curve concave Easterly having a radius of 180.00 feet;
thence run Northerly 103.40 feet along the arc of said
curve through a central angle of 32~54'43"; thence North
28~05'27'' East, 121.83 feet to a point of curvature of a
curve concave Northwesterly having a radius of 295.00
feet; thence run Northerly 84.73 feet along the arc of
said curve through a central angle of 16~27'22"; thence
North 11~38'06'' East, 355.44 feet to a point of curvature
of a curve concave Westerly having a radius of 2370.00
feet; thence run 467.82 feet along the arc of said curve
through a central angle of 11°18'36"; thence North
00"19'30'' East, 435.23 feet to the North line of said
Section 23; thence North 89~24'25'' West along said North
line 350.00 feet; thence South 28~43'37'' East, 350.08
feet; thence South 07~36'43'' West, 451.87 feet; thence
South 24°43'26'' West, 205.75 feet; thence South 11~38'06''
West, 101.98 feet; thence South 04~49'16'' East, 212.81
feet; thence South 19~30'24'' West, 345.03 feet; thence
North 38~29'25'' West, 207.40 feet; thence North 00°19'30''
East, 1915.12 feet to the South line of aforementioned
Section 14; thence North 00~10'49'' East into said Section
14, 801.22 feet; thence North 42°28'22'' West, 73.91 feet;
thence South 47°31'38'' West, 135.00 feet to a point of
curvature of a curve concave Southeasterly having a
radius of 95.00 feet; thence run Southerly 78.50 feet
along the arc of said curve through a central angle of
47°20'49"; thence south 00~10'49'' West, 134.35 feet to a
point of curvature of a curve concave Northeasterly
having a radius of 500.00 feet; thence run Southerly
70.78 feet along the arc of said curve through a central
angle of 08~06'37'' to a point of reverse curvature of a
curve concave Westerly having a radius of 999.87 feet;
thence run Southerly 283.07 feet along the arc of said
curve through a central angle of 16~13'14'' to a point of
reverse curvature of a curve concave Easterly; having a
radius of 500.00 feet; thence run Southerly 70.78 feet
along the arc of said curve through a central angle of
08~06'37"; thence South 00°10'49'' West, 135.39 feet to
the North line of aforementioned Section 23; thence South
00o19'30'' West, into said Section 23, 2355.96 feet to the
Point of Beginning.
Ail of the above situate in Indian River County,
Florida, and containing 25.5 acres, more or less.
is granted, subject to the requirements and conditions contained in
this Resolution."
Section 2.
CONFLICT.
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3.
SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Resolution is invalid or
unconstitutional, the remainder of the Resolution 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 Resolution
without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4.
EFFECTIVE DATE.
This resolution shall take effect immediately upon its
adoption.
The fore__solution was moved for adoption by Council-
member ~ . The motion was seconded
by Councilmember b/L~t~ and, upon
being put into a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of
~ , 199~.
cI,Y 0 s 'ASTIANS
.k_~nnie R. P~6well~Mayor
ATTEST:
~Athry~ M.' O H~llor~n
CMC/AAE, City Clerk
(Seal)
Approved~~d Content:
Charles ~an Nash, ~"~ Attorney
4