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ORDINANCE NO. 0-09-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN
WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN
INITIAL LAND USE CLASSIFICATION OF INDUSTRIAL (IND) FOR
ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION
OF MEDIUM DENSITY RESIDENTIAL -2 (M -2) AND
COMMERCIAL/INDUSTRIAL (C/I) FOR LAND CONSISTING OF 5.9
ACRES, MORE OR LESS, SITUATED SOUTH OF VICKERS ROAD
(a.k.a. 99 STREET) AND WEST OF THE F.E.C. RAILROAD;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Bridgeton Real Fund 1,
LP for a land use amendment to designate an initial land use for certain property considered for
annexation from its existing County Future Land Use Map designation of Medium Density
Residential -2 (M -2) and Commercial /Industrial (C /I) to a City designation of Industrial (IND);
WHEREAS, the City Council has considered the applicable provisions of the existing
Sebastian Comprehensive Land Use Plan; and
WHEREAS, the City Council has considered the criteria identified in the Sebastian Land
Development Code and Florida Statutes together with the findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the proposed changes in the Sebastian
Comprehensive Land Use Plan are consistent with the existing comprehensive plan and the
future development goals of the City of Sebastian; and
WHEREAS, the City Council has provided notice of the proposed plan amendment and
has conducted the required public hearings to receive citizen input.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this Ordinance shall affect the following described real
property, now lying and being within the incorporated area of the City of Sebastian, Indian River
County, Florida:
See attached Exhibit "A"
containing 5.9 acres more or less as depicted on the map within said Exhibit "A
Section 2. LAND USE DESIGNATION. The real property described in the
attached Exhibit "A" is hereby given a City land use designation of Industrial (IND).
Section 3. COMPREHENSIVE LAND USE MAP. The Comprehensive Plan
Future Land Use Map shall be amended to include the real property described in the attached
Exhibit "A and reflect its designated land use as Industrial (IND) in accordance with the
requirements of Florida law.
Section 4. CONFLICT. All 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 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 or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction
of all conditions for the effectiveness of Ordinance 0- 09 -06.
The foregoing Ordinance was moved for adoption by Councilmember Coy
The motion was seconded by Councilmember 1-1111
vote, the vote was as follows:
Mayor Richard Gillmor
Vice Mayor Jim Hill
Councilmember Andrea B. Coy
Councilmember Eugene Wolff
Councilmember Don Wright
ATTES
Sally A. M.'., MMC
City Clerk
)11
yor Richard H. Gillmor
and, upon being put to a
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 16th day of
December 2009.
CITY OF SEBASTIAN, FLORIDA
Approved as to form and legality for
reliance by the City of Sebastian:
,s,
Robert A. Ginsburg, City AtL
PARCEL 1
EXHIBIT "A"
Page 1 of 3
LEGAL DESCRIPTION:
From the Southeast Corner of the Southwest 1/4 of Northeast 1/4 of
Section 20, Township 31 South, Range 39 East, Run North 00 29'41"
East a Distance 17.45 Feet to the intersection of the West Right
of -Way of the F.E.C.R.R.; Thence run North 25 °38'36" West along
said West Right -of -Way a distance of 450 Feet to the point of
beginning; Thence continue North 25 38'36" West along said West
Right -of -Way a distance of 592.36 Feet; Thence run South 64 °21'36"
West a distance of 150.00 Feet; Thence run North 25 38'36" West a
distance of 438.21 Feet; Thence run South 89 49'27" West a distance
of 116.07 Feet; Thence run South 25 °38'36" East a distance of
498.12 Feet; Thence run North 64 °21'24" East a distance of 65.21
Feet; Thence run South 25 °38'36" East a distance of 509.97 Feet;
Thence run South 00 °17'14" East a distance of 362.06 Feet; Thence
run South 58 °48'28" East a distance of 59.88 Feet; Thence run North
89 °42'46" East a distance of 70.51 Feet; Thence run North 00 17'14"
West a distance of 354.32 Feet; Thence run on a Circular Curve with
a radius of 295.00 Feet Concave to the West a distance of 16.31
Feet; Thence run North 64 °21'24" East a distance of 89.84 Feet to
the West Right -of -Way of the F.E.C.R.R. and P.O.B.
Less and Except the following described property:
Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit
II, According to the Unrecorded plat thereof being more
particularly described as follows: Begin at the platted Northeast
Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit -I
as shown on the plat thereof, Recorded in plat book 9, page 34 of
the public records of Indian River County, Florida; Thence South
64 °21'34" West along the platted Northerly line of said Tract 6,
89.82 Feet to a point on a curve concave to the West having a
radius of 295.00 Feet, a radial line from said point bears South
86 °32'43" West; Thence Northwesterly along the arc of said 295 Foot
radius curve through a central angle of 14 °54'47" a distance of
76.79 Feet, thence North 64 °05'13" East, 70.34 Feet to the West
Right -of -Way of the F.E.C.R.R. Right -of -Way; Thence South
25 °54'57" East along said West Right -of -Way line 74.05 Feet to the
P.O.B.; Subject to an easement for ingress and egress over the
Easterly 15 Thereof.
Said Parcel containing 4.535 Acres More or Less.
PARCEL 2
LEGAL DESCRIPTION:
Subject to Existing Public Highways.
Said Parcel Containing 1.4 Acres more or less.
EXHIBIT "A"
Page 2 of 3
Beginning at the Intersection of the North Line of the Southwest
Quarter of the Northeast Quarter of Section 20, Township 31 South,
Range 39 East, with the Westerly Right -of -Way limit of Florida East
Coast Railway (Said Right -of -Way Limit being 50 Feet Westerly from
and parallel to the centerline of the original Main Track of said
Florida East Coast Railway); Thence Southeasterly, along said
Westerly Right -of -Way Limit, 400 Feet; Thence Southwesterly, at
right angles to said Westerly Right -of -Way limit, 150 Feet; Thence
Northwesterly 150 Feet Westerly from and parallel to said Westerly
Right -of -Way limit, to a point in said North line of Said Southwest
Quarter of Northeast Quarter of Section 20, Thence East along said
North Line to the Point of Beginning.
EXHIBIT "A"
Page 3 of 3