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ORDINANCE NO. 0-89-31
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AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING THREE
PARCELS OF REAL PROPERTY IN THE SOUTHEAST SECTION OF
THE CITY, APPROXIMATELY 116.55 ACRES MORE OR LESS,
LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST
RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE,
AND NORTH OF MABRY STREET; REZONING THE FIRST PARCEL OF
REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL
1 AND RM-6 (RESIDENTIAL MULT-FAMILY) TO CITY ZONING
DISTRICT RS-10 (RESIDENTIAL SINGLE FAMILY); REZONING
THE SECOND PARCEL OF REAL PROPERTY FROM COUNTY ZONING
DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULTI-
FAMILY) TO CITY ZONING DISTRICT RM-8 (RESIDENTIAL
MEDIUM); REZONING THE THIRD PARCEL OF REAL PROPERTY
FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1, RM-6
(RESIDENTIAL MULTI-FAMILY) AND IND (INDUSTRIAL) TO CITY
ZONING DISTRICT IN (INDUSTRIAL); AMENDING THE OFFICIAL
CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the owner of these three parcels of real property ~J
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described herein has made application to the City of Sebastian 0
for an amendment to the zoning classifications of said parcels;
and
WHEREAS, the City Council has provided notice of the
citizen input; and
proposed zoning changes and conducted a public hearing to receive
WHEREAS, the City Council has considered the cri teria
identified in Section 20A-11.6 (C) of the Land Development Code,
together with recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
changes in zoning are consistent with the Comprehensive Land Use
WHEREAS, the City Council has determined that the requested
Plan of the City of Sebastian, as amended.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1.
PARCEL # 1.
That the zoning classification
of the following described real property is hereby rezoned from
County zoning districts A-1 (Agricultural) and RM-6 (Residential
MUlti-Family) to City zoning district RS-10 (Residential Single
Family) :
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST
120 FEET OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 120
FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND ALSO THE NORTH 140 FEET OF THE WEST
180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND ALSO THE WEST 180 FEET AND THE NORTH
120 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER LYING WEST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF
THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH
890 35' 01" WEST, ALONG THE SAID SOUTH LINE, FOR A DISTANCE
OF 73.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 14 Q
54' 47" WEST, A DI STANCE OF 50.42 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE
ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 750 30' 12", A
DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 890 35' 01" WEST, FOR A DISTANCE OF 325.81 FEET;
THENCE NORTH 00024' 59" WEST, A DISTANCE OF 60.00 FEET TO A
POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89D
35' 01" EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE
ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 900 00' 00", A
DISTANCE OF 39.27 TO THE POINT OF TANGENCY; THENCE NORTH 000
24' 59" WEST, A DI STANCE OF 50.53 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID
CURVE, THRU A CENTRAL ANGLE OF 210 23' 44", A DISTANCE OF
138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 210 48'
43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 150 56' 24" WEST;
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 1040 29' 46", A DISTANCE OF 89.37 FEET;
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THENCE NORTH 21 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND POINT OF TERMINATION.
CONTAINING 12.00 ACRES MORE OR LESS.
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
SECTION 2.
PARCEL #2.
That the zoning classification
of the following described real property is hereby rezoned from
County zoning districts A-1 (Agricultural) and RM-6 (Residential
MUlti-Family) to City zoning district RM-8 (Residential Medium):
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST
HALF OF THE SOUTHWEST QUARTER AND ALSO THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LESS THE
WEST 120 FEET OF THE SAID WEST HALF AND THE NORTH 120 FEET
OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER AND THE NORTH 140 FEET OF THE WEST 180 FEET OF THE
EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
AND THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER THEREOF, LYING WEST OF THE FOLLOWING DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF
THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH
890 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF
73.00 FEET TO THE POINT OF BEGINNING; NORTH 14 0 54' 47"
WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00
FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 75Q 30' 12", A DISTANCE
OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89e:>
35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH 000
24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89 Q 35' 01"
EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 900 00' 00", A DISTANCE
OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 000 24'
59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00
FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 21D 23' 44", A DISTANCE OF 138.17
FEET TO THE POINT OF TANGENCY; THENCE NORTH 210 48' 43"
WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF
A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 150 56' 24" WEST;
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THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 1040 29' 46", A DISTANCE OF 89.37 FEET;
THENCE NORTH 210 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND THE POINT OF TERMINATION.
CONTAINING 75.63 ACRES, MORE OR LESS.
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
SECTION 3.
PARCEL #3.
That the zoning classification
of the following described real property is hereby rezoned from
County zoning districts A-1 (Agricultural) and RM-6 (Residential
(Mul ti-Family) and IND (Industrial) to City zoning district IN
(Industrial):
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE EAST
HALF OF THE SOUTHWEST QUARTER, LYING WEST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF
THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH
890 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF
73.00 FEET TO THE POINT OF BEGINNING; NORTH 140 54' 47"
WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00
FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 750 30' 12", A DISTANCE
OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89"
35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH 000
24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 25.00 FEET AND A TANGENT BEARING OF NORTH 890 35' 01";
THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID
CURVE, THRU A CENTRAL ANGLE OF 900 00' 00", A DISTANCE OF
39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 000 24'
59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00
FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 210 23' 44", A DISTANCE OF 138.17
FEET TO THE POINT OF TANGENCY; THENCE NORTH 210 48' 43"
WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF
A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 150 56' 24" WEST;
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 1040 29' 46", A DISTANCE OF 89.37 FEET;
THENCE NORTH 210 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
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THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND THE POINT OF TERMINATION.
CONTAINING 28.92 ACRES, MORE OR LESS.
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
SECTION 4. AMENDMENT TO CITY ZONING MAP. The official City
zoning map shall be amended to reflect these changes in zoning
districts pursuant to this Ordinance.
SECTION 5. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 6.
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
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
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 7.
EFFECTIVE DATE.
This Ordinance shall take
effect immediately upon final passage.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
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I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by state statute and that a public hearing hereon was
he 1 d & t f:C i t y Hall, C i t y 0 f S e bas t i an, 0 nth e _L/l~ day 0 f
____~~~~~~~---, 199Q_, at which time this Ordinance was
adopted by the City Council.
Approved as to Form and Content:
V-,r;~
Charles Ian Nash, City Attorney
y-r- CITY OF SEBASTIAN
~REI\.f!N.JO_ P.O. BOX 780127
1225 MAIN STREET
SEBASTIAN, FLORIDA 32978-0127
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