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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
July 26, 1989
Mr. Henry A. Fischer
10725 U.S. 1
Sebastian, Florida 32958
Dear Mr. Fischer:
For your records we are enclosing copies of the following
Ordinances which were approved by the City Council at their
Regular Meeting on July 12, 1989, and have now been recorded
by the Clerk of the Circuit Court:
No. 0-88-30 - Amendment to Comprehensive Land Use Plan
No. 0-88-31 - Rezoning
Very truly yours,
Eliza eth Reid
Administrative Secretary
LR
Enc.
Copies to: City Atty., P & Z, Dept.Comm.Dev., Solin
IRC Planning, IRC Commission, IRC Prop.Appraiser,
Treas.Coast Reg., Lloyd & Assoc.
City of Sebastian
POST OFFICE BOX 780127 E0 SEBASTIAN, FLORIDA 32978
TELEP}{O 407 NJ -5570 330
July 17, 1989
Mr. Paul R. Bradshaw
Division of Resource Planning and Management
State of Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
Dear Mr. Bradshaw:
Pursuant to Section 163.3184 (7), Florida Statutes, the City of
Sebastian is hereby transmitting five (5) copies each of the six
amendments the City adopted to its Comprehensive Plan. Please
note that the amendments requiring annexation prior to adoption
of their accompanying land use were also approved by Council.
Should you have any questions, please contact me or Bruce Cooper
at (407) 589-5537.
Regards,
eter W.'Jo es, A
City Planner
PWJ/sam
Enclosures
cc: Bruce Cooper
Director of Community Development
GO
City of Sebastian
POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
July 17, 1989
The Honorable Jeffrey Barton
Clerk of the Circuit Court
Indian River County
P.O. Box 1028
Vero Beach, Florida 32960
Dear Mr. Barton:
Enclosed please find Check No. 16127, in the amount of $244.70 to
cover the cost of recording and document stamp for the following
enclosed ordinances:
ORDINANCES. NOS. 0-88-29, 0-88-30, 0-88-31, 0-88-32, 0-88-
33, 0-88-34, 0-88-35, 0-88-36, 0-88-37, 0-88-38, 0-88-39,
0-88-40, 0-88-41, 0-88-42
Sincerely,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KHO/sam
Enclosures
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
M E M O
TO: Carol Carswell
Finance Director.
rf
FROM: Kathryn M. O'Hallora4-
RE:
O
City Clerk
CHECK FOR RECORDING OF ORDINANCE NOS. 0-88-29, 0-88-30,
0-88-31, 0-88-32, 0-88-33, 0-88-34, 0-88-35, 0-88-36,
0-88-37, 0-88-38, 0-88-39, 0-88-40, 0-88-41, 0-88-42
DATE: July 14, 1989
Please issue a check in the amount of $244.70 for recording and
document stamp for the above referenced ordinances adopted by the
City Council at their July 12, 1989 Regular Meeting.
sam
NOTICE OF CHANGE IN LAND USE
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN
STREET, SEBASTIAN, FLORIDA, AT A MEETING ON WEDNESDAY, JULY 12, 1989 AT
7:00 P.M., ON PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHEN-
SIVE LAND USE PLAN WITHIN THE AREA SHOWN IN THE MAP IN THIS ADVERTISE-
MENT AND AS DESCRIBED IN THE ORDINANCE TITLE BELOW.
ORDINANCE NO. 0-88-30
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHEN-
SIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE
PLAN MAP FROM INDIAN RIVER COUNTY IL DISTRICT TO CITY IN (IN-
DUSTRIAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SEC-
TION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS
LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST
RAILWAY RIGHT-OF-WAY; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP ARE
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL INTERESTED
PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PRO-
POSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE HEARD. (286.0105 F.S.)
CITY OF SEBASTIAN, FL t {
By: Kathryn M. O'Halloran ISI �S�liDK-o"'A
n
City Clerk I �� i�fr `
\\ I
VERO BEACH PRESS-JOUhNAL
Published Daily
Vero Beath, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that,the attached copy of advertisement, being
a
in the matter of
in the - Court, was pub-
lished in said newspaper in the issues c f Se
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said new7spaper.
Sworn to and subscribed before me this ;7D __ day of *.D. 19
, (Business Manager)
(Clerk-ot-the-Ci�cuiYCSOrti Indian-Filver County, Florida)—
lillotary wblk. Seattle all FkxWo
(SEAL). Ii ,� ft*w June2P,14801
AN ORDINANCE OF THE CITY OF
SEBASTIAN. INDIAN RIVER COUNTY;
MORE OR LESS LOCATED ON THE
WEST SIDE OF THE FLORIDA EAST
COAST RAILWAY RIGHT -OF -WAV;
FROM COUNTY ZONING DISTRICTS
MXD TO CITY ZONING DISTRICT IN (IN-
DUSTRIAL); PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Sebastian. Flor-
a. will hold a Public Hearing concerning the
adoption of an Ordinance with the title as shown
above on Wednesday, July 12, 1989, at 7:00
P.M., In the City Council Chambers, 1225 Main
Street, Sebastian, Florida. Al the conclusion of
this Public Hearing or at a subsequent meeting,
the Council may enact this ordinance into law.
Interested parties may Inspect the proposed or-
dinance In the Office of the City Clerk at City
Hall, and may appear at the hearing and be
heard with respect to the proposed ordinance.
Anyone who may wish to appeal any decision
which may be made at this hearing will need to
ensure that a verbatim record of me proceedings
Is made which record iTiC atteathetestimony and
evidence upon which the appeal will be based.
(286.0105 F.S.)
CITY OF SEBASTIAN, FLORIDA
by: Kathryn M. O'Halloran
City Clerk
June 30,1989
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
June 7, 1989
Vero Beach Press Journal
PO Box 1268
Vero Beach, FL 32960
Attn: Display Advertisements
To Whom It May Concern:
Enclosed please find Notices of Public Hearings for the following
Ordinances each to be published on a quarter page in the
Sebastian Section of the Vero Beach Press Journal on Wednesday,
July 5, 1989:
Nos. 0-88-29, 0-88-30, 0-88-32, 0-88-35, 0-88-38, 0-88-41
These Ordinances amend the Comprehensive Land Use Plan.
Sincerely,
Kathryn M. O'Halloran
City Clerk
sam
NOTICE OF CHANGE IN LAND USE
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS,
1225 MAIN STREET, SEBASTIAN AT A MEETING ON WEDNESDAY, JULY 12,
1989 AT 7:00 P.M., ON PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE
COMPREHENSIVE LAND USE PLAN WITHIN THE AREA SHOWN IN THE MAP IN
THIS ADVERTISEMENT AND AS DESCRIBED IN THE ORDINANCE TITLE BELOW:
ORDINANCE NO. 0-88-30
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND
USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM
INDIAN RIVER COUNTY.IL DISTRICT TO CITY IN (INDUSTRIAL)
DISTRICT FOR LAND.LOCATED IN THE SOUTHEAST SECTION OF THE
CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE
WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP ARE
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH
RESPECT TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD
OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105
F.S.)
CITY,OF SEBASTIAN, FL
by: Kathryn M. O'Halloran
City Clerk
Publish Julv 5. 1989'
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
June 7, 1989
Vero Beach Press Journal
PO Box 1268
Vero Beach, FL 32960
Attn: Legal Advertisements
To Whom It May Concern:
Enclosed please find Notices of Public Hearings for the following
Ordinances, regarding rezoning, to be published in the legal
notices of the Vero Beach Press Journal on Friday, June 30, 1989:
Nos. 0-88-31, 0-88-33, 0-88-36, 0-88-39 and 0-88-42
Sincerely,
L
Kathryn O'Halloran
City Clerk
sam
..
NOTICE OF REZONING
.-�
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING
NO. 0-88-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY
IN THE THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35
ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA
EAST COAST RAILWAY RIGHT-OF-WAY; FROM COUNTY ZONING
DISTRICTS MXD TO CITY ZONING DISTRICT IN (INDUSTRIAL);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
The City Council of the City of Sebastian, Florida, will hold a
Public Hearing concerning the adoption of an Ordinance with the
title as shown above on Wednesday, July 12, 1989, at 7:00
P.M., in the City Council Chambers, 1225 Main Street, Sebastian,
Florida. At the conclusion of this Public Hearing or at a
subsequent meeting, the Council may enact this ordinance into
law. Interested parties may inspect the proposed ordinance in
the Office of the City Clerk at City Hall, and may appear at the
hearing and be heard with respect to the proposed ordinance.
Anyone who may wish to appeal any decision which may be made at
this hearing will need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal will be based. (286.0105 F.S.)
CITY OF SEBASTIAN, FLORIDA
by: Kathryn M. O'Halloran
City Clerk
r.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
June 7, 1989
Dear Property Owner:
The City Council of the City of Sebastian, Florida, will hold a
Public Hearing concerning the adoption of an Ordinance with the
title as shown below on Wednesday, July 12, 1989, at 7:00
P.M., in the City Council Chambers, 1225 Main Street, Sebastian,
Florida. At the conclusion of this Public Hearing or at a
subsequent meeting, the Council may enact this ordinance into
law. Interested parties may inspect the proposed ordinance in
the Office of the City Clerk at City Hall, and may appear at the
hearing and be heard with respect to the proposed ordinance.
Attached is a map of the subject property.
NOTICE OF REZONING
NO. 0-88-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY
IN THE THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35
ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA
EAST COAST RAILWAY RIGHT-OF-WAY; FROM COUNTY ZONING
DISTRICTS MXD TO CITY ZONING DISTRICT IN (INDUSTRIAL);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Anyone who may wish to appeal any decision which may be made at
this hearing will need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal will be based. (286.0105 F.S.)
CITY OF SEBASTIAN, FLORIDA
by: Kathryn M. O'Halloran
City Clerk
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
June 7, 1989
Dear Property Owner:
The City Council of the City of Sebastian, Florida, will hold a
Public Hearing concerning the adoption of an Ordinance with the
title as shown below on Wednesday, July 12, 1989, at 7:00
P.M., in the City Council Chambers, 1225 Main Street, Sebastian,
Florida. At the conclusion of this Public Hearing or at a
subsequent meeting, the Council may enact this ordinance into
law. Interested parties may inspect the proposed ordinance in
the Office of the City Clerk at City Hall, and may appear at the
hearing and be heard with respect to the proposed ordinance.
Attached is a map of the subject property.
NOTICE OF REZONING
NO. 0-88-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY
IN THE THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35
ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA
EAST COAST RAILWAY RIGHT-OF-WAY; FROM COUNTY ZONING
DISTRICTS MXD TO CITY ZONING DISTRICT IN (INDUSTRIAL);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Anyone who may wish to appeal any decision which may be made at
this hearing will need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal will be based. (286.0105 F.S.)
CITY OF SEBASTIAN, FLORIDA
by: Kathryn M. O'Halloran
City Clerk
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2. L 9 8407
Rapp, Raymand & Rita
1666 Arden Ave.
Staten, Island NY 10312
4. 117 8412
ONeal, Edward & Shirley
RTEI.Box 757 Schumann Dr.
5. L16 8412 Schwarze, Harold & Carol
751 Schumann Dr.
6. L15 B12
Bailey, Charles & Teresa
P.O. Box 732
359 Schumann Dr.
7. L14 8412
Bruce, Willam & Helen, Peter
739 Schumann DR.
8. L13 8412
First Baptist Church of Seb-.
P.O. Box 386
Q. L12 8412
Hartman, Milored
72'7 Schumann Dr.
10. L11 8412
Waite, Nole & Janice
801 Essex Ln.
11. L10 8412
Schar Wallace & Vern
1459 Speachly
Berkley, IL 60163
12. L9 B412
GDC
1111 S. Bay Shore Dr.
Miami. FL 33131
13. L7&8 B412
Cruz, Narcesa
8330 W. Winnemac Ave.
Norridge, I1 60656
14. L6 B412
Ong, Wilfred & Belina
8330 W. Winnemac Ave.
Norridge , IL 60656
15. L 5 B412
Aberts, John & Dorthy
374 Concord Ave.
16 L4 B412
Willams Victor & Effie
358 Concord Ave.
17. L3 B412
Sheeran, Anthony & Hoanna
938 Beach Ln.
18 L2 B412
Luz Stella
P.O. Box 7810-15 Seb.
19. L2 B413
Beyer, Leo & Marguerite
343 Concord Ave.
21. 00 50 00 1.1
Allen, John
P.O. Box 1154 Seb.
22. 00 40 2.0
Aspen Wispering Palms
2757 44th St. Suite 306
Grand Rapids, MI 49509
23. 00 50 2.0
New Life Christian Center Inc.
P.O. Box 746
Wabasso,-32970
24. 00 3000 1.1
Atha & Swiger Real Estate Inc.
P.O. Box 218 Seb.
25. 00 3000 1.0
Cable TV Fund VIII -A JOnes Intercable Inc.
5275 Denver Tech Center
Englewood, Co. 80110
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
June 7, 1989
Henry A. Fischer
10725 U.S. 1
Sebastian, FL 32958
Dear Mr. Fischer:
The Sebastian City Council will conduct a second public hearing
on Ordinance No. 0-88-30, regarding your request for amendment to
the Comprehensive Land Use Plan, and a public hearing on
Ordinance No. 0-88-31, regarding your request for rezoning, at a
Regular Meeting on July 12, 1989, at approximately 7:00 p.m.
If you have any questions, please do not hesitate to contact this
office at 589-5330.
Sincerely,
`
tthry M.
City Clerk
sam
/ h `D /w"44 -fes-/
O'Halloran
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E N T E R V I E W D R I V E• TALLAHASSEE,
BOB MARTINEZ
Gm rnw
May 31, 1989
Mr. Bruce Cooper
Director of Community Development
1225 Main Street
Post Office Box 780127
Sebastian, Florida 32978-0127
Dear Mr. Cooper:
F L O R I D A 3 2 3 9 9
THOMAS G. PELHAM
SLYrojry
Enclosed are the review agency comments received by the
Department pertaining to the map amendments to the City of
Sebastian Comprehensive Plan. I regret that these comments were
not enclosed with the Department's review letter, and hope that
the omission has not caused any inconvenience.
Sincerely,
Carmen Bishop
Planner II
Enclosures
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
Telephone: (407) 5670000
March 6, 1989
BOAhiI OF COUNTY COMMISSIONEh i
1840 25th Street, Vero Beach, Florida 32960
Mr. Ralph K. Hook
Department of Community Affairs
Bureau of Local Planning
2740 Centerview Drive
Tallahassee, Florida 32399
Dear Mr. Hook:
Suncoin Tuluphone: 224-1011
MAR 13 1989
BUREAU OF LOCAL
tRESOURCE PLANNING
Please be advised that county staff has commented directly to the
City of Sebastian regarding the proposed amendments. At that
time, staff's greatest concern rested with the creation of a
county enclave that would result from the annexation of parcels 1
thru 3.
With the annexation question aside, staff has no negative comments
with regard to the proposed land use changes.
Thank -you for providing the opportunity to respond.
Sincerely.
Robert M. Loeper
Staff Planner
cc: Robert M. Keating, AICP
Terry L. Hess, AICP
Sasan Rohani
TM#89-560
Florida Department of Environmental Regulation
Twin "Rlwcrs Oliicr 141dg. • 3000 131:
1'r Roacl U 'lallahassee, Florida 32399-2.400
tloh Marine/., Governor Dale 'liv:¢'htnunn, Secretary
nip.\hy5 cr, . Y+Il 'ijt; w l.
u
IN
1,4AR IM t(i��II�II IQ]{
March 1, 1989 BUREAU Or LOCAL'
RFS0URC£ PLANNING
Mr. Ralph K. Hook
Department of Community Affairs
Bureau of Local Resource Planning
2740 Centerview Drive
Tallahassee, Florida 32399
RE: City of Sebastian, Proposed Amendments to Comprehensive Plan
Future Land Use Map
Dear Mr. Hook:
The Department of Environmental Regulation has reviewed the
proposed plan amendments from the City of Sebastian under the
provisions of Chapter 9J-11, F.A.C., and submits the following
comments.
We concur with the findings of Solin and Associates, Inc., as
expressed.in each of the following reports:
Report No. Application Name
1 Flatt
2 Morchesky
3 DeCristofaro
4 Sebastian Lakes
5 Humphrey
However, we question the reasoning behind the approval of the
Vicker property for annexation and rezoning (Report No. 6).
Reports 1-3 dealt with proposed annexations of properties that
would require amendments to the Future Land Use Map from "Mixed Use
Development" and "Low Density Residential" to "Light Industrial."
Solin and Associates, Inc., reviewed these applications and
recommended denial of each proposed amendment, citing as reasons
the lack of an Urban Service Plan for each proposal and
insufficient access to water and wastewater facilities.
Mr. Hook
March 1, 1989
Page 2 of 2
These reasons would appear to be equally applicable to the proposed
annexation and rezoning of the Vicker property. The Vicker
Proposal involves the same proposed changes in zoning designation,
does not appear to include an Urban Service Plan, and notes a lack
of property access to water and wastewater facilities. Under the
circumstances, we believe that approval of the Vicker proposal
would at best be inconsistent with the previous recommendations
made by Solin and Associates, Inc.
Please contact me at 487-2498 if you have any questions about our
comments on these proposed plan amendments.
Sincerely,
John B. Outland
Office of Planning and Research
-LORIDADEPARTMENT
Bob r Timz
GO�MOK
Palm Beach Urban office
3111 South Dixie Highway, Suite 112
Mail Box 122
West Palm Beach, Florida 33405
Telephone: 407-837-5290
Mr. Ralph K. Hook
Department of Community Affairs
Bureau of Local Planning
2740 Centerview Drive
Tallahassee, Florida 32399
Dear Mr. Hook;
OF TRANSPORTATION
BUR'LAU OF LOCAL!
RES()Ur,'xF- PLANNING
r.
April 11, 1969
RE: Land Use Amendments - City of Sebastian
In accordance with the provisions of Chapter 163 F.S. and Chapter
9J-11 FAC Interim Review Requirements, the comments of the FDOT to the
proposed City of Sebastian Land Use Amendment are enclosed.
If you or your staff have any questions concerning these
comments, please feel free to contact me at (407) 837-5290 (Suncom
252-5290).
Sinceyely,
WA(RAP
L2/0i,Z'Zl�'
Transportation Planning
District 4
JWA/mg
Enclosure
cc: Gustavo Schmidt
Jim Scully
Michael J. Tako
.-.
CITY OF SEBASTIAN LAND USE AMENDMENTS
Amendments No's 1, 2 and 3 - Flatt, Morchesky, Decristofaro
From Industrial (Indian River County) to Industrial
City of Sebastian - 21.5 Acres
These proposed amendments are associated with annexations to the
City of Sebastian.
The properties proposed for amendment will have access to CR -5A,
(Old Dixie Highway). They do not directly impact any currently
designated state facility. However, SR-5/US-1 will be indirectly
impacted via Old Dixie Highway located just west of the FEC Railroad
and CR -512.
These sites, 21.5 acres in area, have the potential of generating
1,288 daily trips, (59.9 trips/acre) most of which will use SR-5/US-1.
There are problems with sight distance at the intersection of
CR -512 and US -1. It is recommended that safe access to CR -512 from
the sites be available prior to the City's giving a Certificate of
Occupancy (C.O.) to development on these sites. Also, the
intersection of CR -512 and US -1 should be improved (in accordance with
state safety study about to begin) prior to the final C.O. on the
site.
oa. Avokk
Amendment No. 4 - Sebastian Lakes
From Commercial General (CG) (9.29 acres)
Commercial/Office/Residential - COR (6.58 acres) and Medium Density
Residential - Residential PUD, MDR (50.65 acres)
To Commercial General - CG (9.29 acres) Commercial/Office/Residential
- COR (8.8 acres) and Medium Density Residential - MDR (48.89 acres) -
Total 66.98 acres
The site of the proposed amendment is on CR -512. It does not
directly impact any state facility. However, the site includes a
proposed regional transportation corridor, designated only as the
CR -505 (Roseland Road/Laconia Street) Corridor.
This corridor extends from SR-5/US-1 along CR -505 north of the
City'of;Sebastian, along 82 Avenue (Ranch Road) to the proposed SR -606
(Oslo 'Road) interchange at I-95 now under study. As such it may be
designated a county minor arterial in a subsequent State Functional
Classification. The corridor realignment of Roseland Road/Laconia
Street has been under discussion by the State, County and City for
some time..
The recommended right-of-way width of this corridor is 120 feet
to accommodate a four -lane divided minor arterial street. The
corridor is the westernmost facility in the buildout area of urbanized
and urbanizing Indian River County.
The Department supports the consultant's (Solin and Associates,
Inc..) recommendation that the developer bond, pay for or construct the
Roseland Road/Laconia Street corridor through the site, including
necessary intersection improvements and signalization at CR -512 as
approved and determined by the County prior to issuance of a C.O. for
any portion of the proposed commercial development.
It is also recommended that the Traffic Impact Analysis
(affecting the corridor and the intersection of CR -512) be submitted
with the application for site plan approval for the proposed
commercial, office, residential development and be approved in
conjunction with approval of a Development Order for the site.
F
Amendment No. 5 - Humphrey Property
From Commercial Limited (CL)
To Commercial General acres
The site of the proposed amendment abuts the east right-of-way
line of SR-5/US-1. SR-5/US-1 is a State Principal Arterial highway
and is also a corridor of statewide/interregional significance. The
Proposed changes to a more intensive land use category will directly
impact this facility, however, no specific use has been indicated to
enable the impact to be measured.
There are no state traffic count stations north of CR -512 close
to the site, however, current traffic volumes on SR-5/US-1 south of
CR -512 is 15,267, (1987) a LOS C or better according to the
"Generalized Daily LOS Maximum Volumes" for a 4LD Arterial in a
predominantly rural area. Traffic is expected to more than double by
2010 to 33, 817 v.p.d., a LOS E without added lanes according to the
"Generalized Daily LOS Maximum Volume" table for Florida -s urbanized
areas. The minimum acceptable LOS is C.
The site also lies within the area of a median revision project
by this Department however, no significant change is anticipated in
the vicinity of the site.
In view of the potential long term impact which may be created by
the development permitted by the proposed change and without
information as to specific uses, type and location of access and
pattern of development, the City should deny this application for land
use amendment at this time or defer action until a site plan for
non-residential PUD can be reviewed and approved.
Existing right-of-way for SR -5 in this location is 100 feet
according'to our records. The recommended right-of-way for corridor
protection is 120 feet. Additional right-of-way should be obtained
during review of any subsequent development permit for this site.
Amcgdmgnt No. 6 - Vicker Property
From Mixed Land Use - MXD (Indian River Co.)
To Industrial - IM (Cit- of Sebastian) 35 acres
This proposed amendment does not have direct access to any state
facility. However, it has indirect access to SR-5/US-1 via 99 Street
(Vickers Road), a local street.
Current traffic volume on SR-5/US-1 north of CR -510 (1987 AADT)
according to Indian River County Traffic Engineering counts, is 14,800
v.p.d. Projected 2010 traffic (ADT) in this section approximately
33,524, a LOS E without additional lanes according to the "Generalized
Daily LOS Maximum Volumes,, table for Florida's Urban Areas. The
minimum acceptable LOS standard is D.
The site, 35 acres in area, has the potential of generating 2,096
daily trips (59.9 trips/ac.) most of which will use SR-5/US-1.
The intersection of Vickers Road and SR-5/US-1 is now substandard
for the volume of traffic which will use it for access to SR -5. The
City should not issue a C.O. for development on this site until
intersection improvements are made in accordance with County and State
requirements. It is with
that the applicant or his engineer
meet with the County Engineer and this Department (Traffic Operations)
early in the site planning process in order to ensure safe access to
the site in accordance with County and State standards.
St; asci
March 17, 1989
trecyu e.
relona1
planning
council
Mr. Ralph K. Hook
Department of Community Affairs
Bureau of State Planning
2740 Centerview Drive
The Rhyne Building
Tallahassee, FL 32399
Subject: City of Sebastian Local Government Comprehensive Plan
Documents
Dear Mr. Hook:
Pursuant to the requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, Chapter 163, Florida
Statutes, the Treasure Coast Regional Planning Council reviewed the
amendments to the Future Land Use Element of the City of Sebastian
Comprehensive Plan at its regular meeting on March 17, 1989.
Comments were approved by Council for transmittal to the State
Department of Community Affairs pursuant to Sections 163.3184, Florida
Statutes, for consideration by the City prior to adoption of the
documents.
Evaluation
The proposed amendments to the Future Land Use Element have been
reviewed in accordance with the requirements of Chapter 163, Florida
Statutes, Council's review procedures, and Council's adopted plans and
policies. Enclosed is a copy of the full staff report to Council.
The report was formally adopted by Council at its regular meeting with
no revisions.
If you need additional information or have any questions, please do
not hesitate to call.
S, ce y,
C
Daniel M. ry
Executive Director
DMC: lb
Enclosure
cc: Bruce Cooper
3228 s.w. marfln downs blvd.
sulfa 205 • p.o. box 1529
palm clfy, florlaa 34990
phone (407) 2863313
r,
n
TREASURE COAST R?,GIONAL PLAINNING COUNCIL
M E M O R A N D U M
To: Council Members AGENDA ITEN 5A
From: Staff
Date: March 17, 1989 Council Meeting
Subject: Local Government Comprehensive Plan Review - Six
Amendments to the City of Sebastian
Comprehensive Plan
Introduction
Pursuant to the provisions of the Local Government Comprehensive
Planning and Land Development Regulation Act, Chapter 163,
Florida Statutes, the Council must be provided an opportunity to
review and comment on comprehensive plan amendments prior to
their adoption. The City of Sebastian has submitted proposed
amendments to the State Deoartment of Community affairs, which in
turn is seeking Council's comments.
Council's review of the information forwarded by the Department
of Community Affairs is in the context of the relationship of the
proposed amendments to the regional policy plan developed
pursuant to Section 186.507, Florida Statutes. If a conflict
with adopted plans or policies is identified, the regional
planning agency is to specify any objections and may make
recommendations for modification. Council also provides informal
comments to the local government through a spirit of cooperation,
and technical assistance on matters related to the proposed
amendments. These advisory comments are aimed at providing
coordination between the local and regional comprehensive plans.
Background
The City of Sebastian is considering six amendments to the Future
Land Use Element. The locations of the properties under
consideration are shown on the accompanying map, and the number
of acres and. proposed changes in land use designation are
summarized in the following list:
I
*County land use designation (annexation proceedings are in process)
2
.... I—— _.. ,
PROPOSED AMENDMENTS TO THE
FUTURE LAND USE
ELEMENT
CITY OF SEBASTLaN
Existing
Proposed
Amend.
Approx.
Land Use
Land Use
approximate
No.
Acreage
Designation
Designation
Location
1
2.5
*;fixed Use
Light
West of the Old
Development
Industrial
Dixie Highway
and south of
Woodmere Road
2
10
*Mixed Use
Light
;nest of the Old
Development and
Industrial
Dixie Highway
Low Density
and south of
Residential
Woodmere Road
3
9
*Mixed Use
Light
West of the Old
Development and
Industrial
Dixie Highway
Low Density
and south of
Residential
Woodmere Road
4
65
Commercial General
Commercial
South of CR 512,
Commercial/Office
General and
:rest of Laconica
Residential; and
Medium
Street, and north
Medium Density
Density
of Grandeur Ave.
Residential
Residential
5
5
Commercial
Commercial
South of 9th St.,
Limited
General
west of North
Central Ave., and
east of U.S. 1
6
35
*Mixed Use
Industrial
south of Concord
Development
Ave. and west of
FEC Railway
*County land use designation (annexation proceedings are in process)
2
.... I—— _.. ,
Evaluation
The proposed amendments have been reviewed in accordance with the
requirements of Chapter 163, Florida Statutes, Council's review
procedures, and Council's adopted Regional Comprehensive Policy
Plan. The following comments are offered as a result of that
review.
Amendments 11. 2. and 3
These -,three parcels are contiguous and have been
proposd for annexation into the City. The annexations
would not only create a finger of unincorporated
territory to the north of the area proposed for
annexation, but would also appear to leave a small
"enclave" at the southeastern corner of amendment
parcel 4T2. Neither condition is consistent with the
philosophy of Intergovernmental Coordination expressed
in the Regional Comprehensive Policy Plan.
At first glance, the proposed designation of light
industrial land use appears incompatible with
surrounding land uses which are primarily residential.
The County's Plan for this area is to have Mixed Uses
along the F.E.C. Railroad, and low density residential
to the west, along the City limits. while this
proposed land use designation change represents a
departure from the County Plan, the change may not be
totally incompatible because: .
1) the platted area to the north (unincorporated
County) is actually zoned for "highway
commercial";
2) an industrially zoned property (in the City)
lies adjacent to the northwest;
3) a canal with a 150 -foot right-of-way lies to
the immediate west of amendment parcel ;3;
and
4) lands to the south are presently being used
for agricultual purposes.
Despite these redeeming conditions, three other matters
make the proposed change of questionable consistency
with the Regional Plan. The first relates to the
adequacy of the roadway providing access to the
parcels. The roadway, known as Old Dixie Highway, is
presently deficient to serve industrial development.
It is very narrow in both right-of-way and pavement (12
feet), and is presently a one-way roadway. The County
staff has made reference to this roadway issue (and the
00ft, AO%
"finger" -annexation issu.a) in a letter dated
September 14, 1928, to the City. Second, this site
does not contain the range of services which are
expected in an urban services area for industrial
developnent. While there are tentative plans for a
county wastewater system to be available by 1990,
right-of-way for the installation of a system remains a
problem. Central service provision for potable water
is yet to be planned. Finally, this property contains
sand pine scrub habitat and has been identified by the
Florida Game and Fresh Water Fish Commission as
containing Gopher tortoise which is listed as
threatened by the Florida Committee on Rare and
Endangered Plants and Animals. The sand pine scrub
habitat is considered rare in the Region.
Based on the issues of 1) the creation of "fingers and
enclaves"; 2) compatibility of land uses; 3) inadequacy
of the local roadway which provides access; 4) the
unavailability of a full range of urban services; and
5) the existence of rare natural habitat, the proposed
land use designation change appears premature and/or
incomplete. Given the information provided, the
proposed amendments (1, 2, and 3) appear to be in
conflict or inconsistent with the Regional
Comprehensive Policy Plan.
Amendment =4
The proposed land use designation is similar to the
former designation, but allows more intensive
commercial uses. This will increase trip generation
which may have a negative impact on the intersection of
two regional roads--Fellsnere Road and State Road 505.
Therefore, prior to development, a traffic impact study
should be submitted for review and approval to the City
and County which describes any negative impacts and how
they can be mitigated. The land use change appears to
be compatible with the surrounding area.
Amendment i5
The proposed land use designation allows more intensive
commercial use. This will increase trip generation and
may have a negative impact on U.S. 1, a regional
roadway. Prior to development, a traffic impact study
should be submitted for review and approval to the City
and County which describes any negative impacts and how
they can be mitigated. The land use change appears to
be compatible with the surrounding land use.
4
Amendment =6
This parcel has been proposed for annexation into the
City. The proposed industrial land use designation
appears to be compatible with the adjacent county
designation of mixed use development, which allows
light industrial.
Based on the information provided, proposed Amendments
7#4, 5, and 6 do not appear to be in conflict or
inconsistent with the policies contained in the
Regional Comprehensive Policy Plan.
Recommendation
Council should adopt the comments outlined above and approve
their transmittal to the State Department of Community Affairs in
fulfillment of the requirements of Chapter 163, Florida Statutes.
Attachments
5
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City of Sebastian
POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
May 15, 1989
RE: Application for Amendment to Comprehensive Land Use Plan
Dear Applicant:
Enclosed please find the letter citing a finding from the
Department of Community Affairs regarding your application for an
amendment to the Comprehensive Land Use Plan for the City of
Sebastian.
If you have any questions please do not hesitate to contact
Director of Community Development, Bruce Cooper, at 589-5330.
Sincerely,
K/althr n M.
City Clerk
sam
Enclosure
O'Halloran
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E N T E R V I E W DRIVE • TALLAHASSEE, F L O R I D A 3 2 3 9 9
BOB MARTINEZ May 8, 1989
Gnvernw
THOMAS G. PELHAM
Se rehry
RECEIVED
Mr. Bruce Cooper
Director of Community Development
1225 Main Street
Post Office Box 780127
Sebastian, Florida 32978-0127
Dear Mr. Cooper:
Pursuant to Section 163.3184, Florida Statutes, the
Department of Community Affairs has reviewed the six proposed
amendments to the City of Sebastian Comprehensive Plan Future
Land Use Map. A summary of the proposed amendments is enclosed,
as are the comments by review agencies. In particular, please
note the concerns expressed by the Florida Department of
Transportation.
The review indicated that amendments 4 and 5 are consistent
with the statutory requirements which were in effect prior to
October, 1985. However, amendments 1, 2, 3 and 6 are inconsis-
tent with goals, objectives and policies of the adopted Compre-
hensive Plan.
Amendments 1, 2 and 3 are contiguous parcels totalling 21.5
acres. The parcels are proposed_ to be redesignated from Mixed
Use and Low Density Residential (County) to Light Industrial
(City). Although the County has tentative plans to provide
sanitary sewer facilities by 1990, potable water and sewer
facilities are not currently available. According to the
Treasure Coast Regional Planning Council, the site contains sand
pine scrub habitat which harbors the threatened Gopher Tortoise.
Sand pine scrub habitat is considered rare in the region. The
site is bordered by low density residential areas to the north,
south and southwest.
Based on the above existing conditions, amendments 1, 2 and
3 are inconsistent with Comprehensive Plan Article II, Section 2-
4, A. 1 and 3 (page II -2) which provide for the preservation of
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT 0 RESOURCE PLANNING AND MANAGEMENT
Mr. Bruce Cooper
May 8, 1989
Page Two
environmentally sensitive lands and wildlife. These amendments
also may be inconsistent with Article II, Section 2-3,'B. (page
II -2) and Article IV, Section 4-1, A. 2 (page IV -1) which protect
residential areas from encroachment by incompatible development.
Additionally, amendments 1, 2 and 3 are inconsistent with Article
IV, Section 4-2, C. (page IV -9) which states that the allocation
process for industrial development will provide a high priority
to lands accessible to requisite urban services.
Amendment 6 proposes to redesignate a long, narrow strip of
land along the railroad right-of-way from Mixed Use (County) to
Industrial (City). The developer has agreed to provide a buffer
between the industrial uses and the residential development to
the north. As with amendments 1, 2 and 3, potable water and
sanitary sewer are not currently available. Therefore,. this
amendment is inconsistent with Article IV, Section 4-2, C. (page
IV -9) which allocates industrial development to lands with the
requisite urban services.
According to Section 163.3171(1), Florida Statutes, a
municipality may only exercise planning authority over areas
within its limits. Therefore, annexation must be final prior to
adoption of the comprehensive plan amendments. Upon completion
of the adoption process, the Department requests a copy of the
amended plan and adoption ordinance pursuant to Section
163.3187(3), Florida Statutes. If you have any questions, please
contact Ms. Carmen Bishop at (904) 487-4545j
.
fely o s,
/L
Pau.Bradshaw, Director
Division of Resource Planning
and Management
PRB/cbr
Enclosures
cc: Daniel Cary, Treasure Coast Regional Planning Council
Robert Keating, Indian River County
SUMMARY
City of Sebastian
Comprehensive Plan Amendments
The City of Sebastian proposes six amendments to the
Comprehensive Plan Future Land Use Map. The following table
summarizes the proposed amendments.
Existing Proposed
Land Use Land Use
Amendment Acres Designation Designation
1 2.5 *Mixed Use
2 10 *Mixed Use/
Low Density
Residential
3 9 *Mixed Use/
Low Density
Residential
4 66.98 #Commercial General/
Commercial-Office-
Residential/Medium
Density Residential
5 5 Commercial Limited
6 35 *Mixed Use
Light Industrial
Light Industrial
Light Industrial
Commercial General/
Medium Density
Residential
Commercial General
Industrial
* County land use designation - annexation is proceeding
# Amendment 4 involves the redesignation of the Commercial -
Office -Residential area to Commercial General, and the
redesignation of approximately 1.27 acres of the Medium Density
Residential area to Commercial General. As proposed, the tract
will contain 17.57 acres Commercial General and 49.41 acres
Medium Density Residential.
As",
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Veru Beach, Florida 32960
Telephone: (407) 567-6000
November 21, 1988
Elizabeth Reid
Administrative Secretary
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Suncom Telephone: 224-1011
RE: CITY OF SEBASTIAN LAND USE, REZONING AND ANNEXATION
REQUESTS
Dear Ms. Reid:
County staff has received the land use, rezoning and annexation
requests to be heard on November 30, 1988. After review of the
proposed changes, staff would like to comment as follows:
Ordinance No. 0-88-34, 0-88-37, 0-88-46
These requests represent annexation into the City of
Sebastian of three contiguous parcels. County staff has two
concerns to this proposed annexation. The first concern is
the creation of a county enclave in the form of a "finger"
of the property to the north. The second and related
concern is existing access and right of way.
The jurisdictional enclave would be created by enclosing
county property to the north, on three sides by the city.
The remaining side is bounded by a right of way deficient
Old Dixie Highway and the F.E.C. Railroad. The irregular
jurisdictional boundaries will complicate efforts to ensure
adequate access and infrastructure to the subject parcels
and parcels to the south. Their annexation will thus hinder
the full development lands in this area.
The access and right of way concerns have been adequately
addressed in previous correspondence from county staff to
city staff.
Ordinance No. 0-88-30
No Comment
Ordinance No. 0-88-29
No Comment
I
Ordinance No. 0-88-32
No Comment
Please be advised that the referenced comments only reflect staff
position and not necessarily the position of the Board of County
Commissioners. Thank you for providing the county staff
opportunity to review and comment on these proposed changes.
Sin r y,
Fzl�
Robert M. Loepef
Staff Planner
cc: Robert M. Keating, AICP
TM#88-169
THE ITY COUNCIL: I HE CITY
WILLC E THEARING OFSEBASTIAN,
THE CITY COUNCILRIVERMBERS,Y1225O NSD N
STREET, SEBASTIAN, FLORIDA AT A SPECIAL MEETING ON W, jNESDAY, NOVEMBER
30, 1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAUSE
IRS
NDING THE
PROPSED ORDINANE N. 0-88_35
FROM COUNTYCLD2OAND COUNTYE MDX TO CITY O NP(INDUSTRIAL)REHENSIVE AAD RST
READING OF ORDINANCE NO. 0-88-34 ANNEXATION; AND FIRST READING OF ORDI-
NANCE NO. 0-88-36 REZONING FROM COUNTY Al, COUNTY RM6 AND COUNTY IL TO
CITY IN (INDUSTRIAL) WITHIN THE AREA SHOWN IN THE MAP IN THIS ADVERTISE-
MENT AND AS DESCRIBED BELOW:
APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF OLD
DIXIE AND 110 FEET SOUTH OF WOODMERE ROAD; FURTHER DESCRIBED AS THE
NORTH
T 31 S, R 9 ETSOUTH SAIDLAND LY NINDIANG AND BEINNG IN DIAN RIVER COUNTY, NORTHEAST
NTY, F
SFLORIDA.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP ARE AVAIL-
ABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL INTERESTED
PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE
PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH .THE
APPEAL IS TO BE HEARD. (286.0105 F.S.)
CITY OF SEBASTIAN, FL
by: Kathryn M. O'Halloran
City Clerk
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
WELL -HOLD A PUBLIC ' -ARING IN THE CITY COUNCIL CHF `ERS, 1225 MAIN
STREET, SEBASTIAN Al SPECIAL MEETING ON WEDNESDAY, �EMBER30, 1988
RO-
POSED ORDINANCE NO. 0-88 30LAMENDINGRTMENT THE COMPREOHENS VIE LANDAUSE IRSPLAN
FROM COUNTY IL TO CITY IN (INDUSTRIAL); AND A FIRST READING OF ORDINANCE 0-
SHOWNENOTHING E MAP NnTHISS ADVERTISEMENT COUNTY MXD TO ITY IN AND AS DESCRIBED BELTHIN OW:
APPROXIMATELY
THE AREA
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE '/4
OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS:
A LAND STARTING AT THE NW CORNER OF
RIGHT-OF-WAYRAND RTHOENFEOC RAILROAD BEING THE POINT OF BEGINNING, TIHENCE
NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND 326 FEET WEST FROM
POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE PROPERTY DESCRIBED AS:
30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T 31 S'RANGE 39 E, SEBASTIAN,
FLORIDA, MORE PARTICULARLY DESCRIBED AS A PARCEL OF 360 FEET IN WIDTH,
(EAST TOTANCE SOU H FROM CONCORD AVENUE FOR APPROXIMATELY 3300 FEET.PARALLEL ALONG THE WEST SIDE OF THE FEC A DIS -
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP ARE AVAIL-
ABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL INTERESTED
PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE
PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE HEARD. (286.0105 F.S.)
CITY OF SEBASTIAN, FL
by: Kathryn M. O'Halloran
City Clerk
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
M E M 0
TO: Mayor Richard Votapka
and Council Members
FROM: Bruce Cooper
Department of Community Develop nt
THROUGH: Robert McClary
City Manager
DATE: November 18, 1988
REF: 0-88-30 AND 0-88-31
Please reference the attached map indicating the area of land the Planning
and Zoning Commission has recommended approval for the change in Zoning and
Land Use Designation from County Light Industrial (Zoning) and Mixed (Land Use)
to Industrial (City).
Since this area was previously zoned Industrial when annexed into the City of
Sebastian and its geographical location lying parrellal to the railroad, the Plan-
ning & Zoning Commission has concurred with the petitioner's request.
BC/ldf
H,W
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
November 8, 1988
Henry A. Fischer
10725 U.S. Highway #1
Sebastian, FL 32958
Dear Dr. Fischer:
The City Council will consider your request for rezoning and
amendment to the comprehensive land use plan at a Special Meeting
on Wednesday, November 30, 1988 at approximately 7:00 p.m.
The first reading and first public hearing on Ordinance No. 0-88-
30, amendment to the comprehensive land use plan, will take place
that evening followed by first reading and Ordinance No. 0-88-31,
rezoning.
If you have any questions reqarding this meeting, please do not
hesitate to contact my office at 589-5330.
Sincerely,
fhryn M. O'Halloran
City Clerk
Sam
Y
City of Sebastian
POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
November 7, 1988
Display Advertising
Vero Beach Press Journal
P. 0. Box 1268
Vero Beach, Florida 32960
Gentlemen:
We herewith request that the enclosed Notices of Public Hearings
for the following Ordinances be published in the Sebastian Section
of the Vero Beach Press Journal on Monday, November 21, 1988:
No. 0-88-29, 0-88-30, 0-88-32, 0-88-35, 0-88-38, 0-88-41
All amending the Comprehensive Land Use Plan
Very truly yours,
7v L (i��
Eliza eth Reid
Administrative Secretary
LR
Enc.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
November 7, 1988
Planning Department
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Gentlemen:
For your information we are enclosing copies of Notices
of Public Hearings which will be held at a Special Meeting
at 7:00 P.M. on Wednesday, November 30, 1988, re: Amend-
ments to Comprehensive Land Use Plan.
Very truly yours,
Eliza eth Reid
Administrative Secretary
LR
Enc.
,^
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 599-5330
November 4, 1988
TO; Mayor and City Council
FROM: Linda Kinchen, Secret ary
Planning and Zoning Commission
RE: Annexations and Zoning and Land Use Changes scheduled for
November 30, 1988 Special Meeting
As a result of two special meetings held by the Planning and
Zoning Commission on September 29, 1988 and October 6, 1988,
the following are the commission's recommendations regarding
the petitions for annexation and the zoning and land use
changes scheduled before the city council on November 30,
1988.
VICKERS INDUSTRIAL SUBDIVISION
Vice-chairman Wadsworth made a motion to recommend to the
City Council that the land use change from county land use
designation MXD to City of Sebastian designation of IND,
Industrial for recently annexed property be approved as
requested. Mrs.. Taylor made the Second. This motion was
passed unanimously by the Commission.
Vice-chairman Wadsworth made a motion to recommend to the
City Council that the zoning change from county zoning
designation IL to City of Sebastian designation of IND,
Industrial for recently annexed property be approved as
requested. Mrs. Taylor made the second. This motion was
passed unanimously by the Commission.
Mr. George Metcalf was the only speaker during the Public
Hearing on this matter.
REQUEST FOR CHANGE BY CHUCK HUMPHRIES
Under discussion of this request, the commission felt that
the request by itself Should be denied but that the entire
triangular piece of property where the request lies should be
rezoned and the land use changed at this time.
,-W Aomkk
Page (2)
Based on this discussion, Mr. Fullerton made a motion to
recommend to the City Council that they initiate the land use
and zoning change for the pieces of property surrounding Mr.
Humphries' and that the entire triangular piece of property
be changed from City of Sebastian Land Use designation of CL
to City of Sebastian Land Use designation of CG from Lot A to
Davis or 9th Street. The second was made by Mr. Gilcher.
This motion paesed by six to one with Mrs. Kilkelly voting
no.
A motion to recommend to city council that the zoning change
from City of Sebastian designation CL to City of Sebastian
Designation CG be approved for the entire triangular piece
only was made by Vice-chairman Wadsworth with the second by
Mr. Gilcher. This motion passed six to one with Mrs.
Kilkelly voting no.
There were no comments from the public during these public
hearings.
ANNEXATION REQUEST AND LAND USE AND ZONING CHANGE REQUEST FOR
T. JAPE MORCHESKY
The commission spent considerable time discussing this
request along with the other two annexation requests for Old
Dixie Highway. Several members of the commission felt this
property would increase the city's tax base and also that
this was the second time this annexation request was
discussed by them. Commissioner Gilcher recommended that the
city council should consider annexation of all property north
of this request as well in order to square off the city
limits.
A motion to reconsider the annexation of approx 10 acres was
made by Mr. Fullerton but the motion was withdraw after
comments from Attorney Kruzcamp that if the commission wished
their previous recommendation to stand no new motion was
needed.
The Planning and Zoning Commission decided that they in fact
did wish their previous recommendation to City Council made
at their March 17, 1988 meeting for approval should stand.
No new motion was required.
A motion to recommend to the City Council that the Land Use
change requested for this property from county designation of
MXD to City of Sebastian land use designation of IND,
industrial be approved was made by Vice-chairman Wadsworth,
second by Mr. Mahoney. This motion passed by a five to two
vote with Mr. Gilcher and Mr. Fullerton voting No.
.OWN Atw%
Page (3)
A motion to recommend to the City Council that the Zoning
change requested for this property from county designated
zoning of AG,RM-6 and IL to City of Sebastian zoning
designation of IND, industrial be approved was made by Vice -
Chairman Wadsworth with a second by Mr. Mahoney. This motion
passed by a five to two vote with Mr. Gilcher and Mr.
Fullerton voting No.
Public Hearing on this matter was held and Damien Gilliams
spoke in favor of all three annexations and changes. No other
public input was received.
ANNEXATION, LAND USE AND ZONING CHANGE FOR JO DORIS FLATT
Since discussion of this request was held earlier, the
following motion was made with regards to the annexation
request.
A motion to recommend to the city council that the annexation
request for Jo Doris Flatt be approved as submitted was made
by Vice-chairman Wadsworth, second by Mr. Mahoney. This
motion passed by six to one with Mr. Gilcher voting no.
A motion to recommend to city council that the land use
change from county designation of MXD to City of Sebastian
designation of IND, 'industrial be approved was made by Mr.
Mahoney, second by Mr. Wadsworth. This motion passed by a six
to one vote with Mr. Fullerton voting no.
A motion to recommend to city council that the zoning change
from county designation of IL to City of Sebastian
designation of IND, Industrial be approved was made by Vice-
chairman Wadsworth, second by Mrs. Kilkelly. This motion
passed by a five to two vote with Mr. Fullerton and Mr.
Gilcher voting no.
ANNEXATION, ZONING AND LAND USE CHANGE DE CRISTOFARO
A motion to recommend to city council that the annexation
request by DeCristofaro be approved was made by Vice-chairman
Wadsworth, second by Mr. Mahoney. This motion passed six to
one with Mr. Gilcher voting no.
A motion to recommend to city council that the land use
change from county designated MXD and LD -2 to City of
Sebastian land use designation of IND, industrial be approved
was made by Mr. Mahoney with second by Mrs. Kilkelly. This
motion passed by a six to one vote with Mr. Fullerton voting
no.
Page (4)
,•01k
A motion to recommend to city council that the zoning change
from county designated AG,RM-6 and IL to City of Sebastian
designation of IND, industrial be approved was made by Vice-
chairman Wadsworth with second by Mr. Mahoney. This motion
passed six to one with Mr. Fullerton voting no.
LAND USE CHANGE SEBASTIAN LAKES PUD
After three hours and 10 minutes on September 29, 1988 and a
continuation at the special meeting on October 6, 1988 for
two hours and thirty minutes the following motion was made.
A motion to recommend to the city council that the Sebastian
Lakes FUD receive approval for the existing 9.29 acres of CG
and the existing 6.58 acres of COR as well as the existing
51.11 acres of MD to be changed to 48.89 acres of MD and
17.58 acres of CG, more or less, was made by Mr. Fullerton
second by Vice-chairman Wadsworth. This motion passed
unanimously however Mr. Mahoney voted yes with reservations
feeling pressure to approve the change to accommodate the
North County Library site.
With reference to the revised drawing changing preliminary
approval to conceptual approval the following motion was
made.
The motion was made by Vice-chairman Wadsworth however, he
requested the wording be made by Attorney Kruzcamp;
"Planning and Zoning Commission recommends to the city
council approval of the following PUD amendment to the
existing preliminary plan of Sebastian Lakes subject to the
following:
a. Change the remaining Sebastian Lakes PUD, except Tract D
and G, D having been finally approved and G having been
substantially approved pursuant to the existing
preliminary plan, to a conceptual development plan as
outlined in sheet 6 of the site plan submitted by the
developer.
b. Permit a temporary RV storage area as indicated by the
site plan submitted by the developer for a time period not
to exceed one year.
c. The construction of Laconia Street improvements, said
Improvements being a 60 foot right of way with improved
construction of a two (2) lane road requiring new
construction of one half of said roadway and a complete
total overlay to a width of 24 feet and the construction
of the Roseland Road extension to a point of approximately
300 feet south to allow access to the first phase of the
commercial.area and the library site, all of the above
Page (5)
right of way improvements to be completed prior to the
issuance of the first certificate of occupancy in phase I
of the commercial development,
d. The developer shall concur with Indian River County in
order to determine sufficient funds needed for complete
signalization of the intersection of CR 512 and Roseland
Road. This money to be put in escrow prior to the
issuance of any building permits in the commercial zone.
e. The remainder of Roseland Road extension as described in
the site plan submitted by the developer shall be
completed prior to the issuance of the first certificate
of occupancy in phase II of the commercial zone.
At this point Mr. Wadsworth requested that the motion stand
as stated with the inclusion that the Laconia improvements be
done to FDOT standards. Second by Mrs. Kilkelly. Also under
discussion Mr. Gilcher asked that the motion be amended to
include the length of Laconia Street as running from CR 512
to Grandeur Avenue so there is no mistake as to how long the
improvements should be. Both Mr. Wadsworth and Mrs. Kilkelly
agree to amend the motion - roll call resulted in a unanimous
approval.
Should you have any questions regarding any of these items,
please feel free to contact any commission member. The
commission thanks you for your consideration of their
recommendations.
City Of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 3.988
Harold & Carol Schwarze
757 Schumann Drive
Sebastian, FL 32958
TO WHOM IT MAY CONCERN:
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M-, FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE
1/4 OF S 20, T 31 S R 39 E, SEBASTIAN, FLORIDA NW 1/4 OF THE NE
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEINGTHE
BEGINNING, THENCE NORTH 1427 FEET CORNER
326 FEET WEST FROM POINT OF BEGINNINGNALONG VICKERS WEST NR OFWRAILSOAT AND
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE
31 S, RANGE 39 E, SEBASTIAN, FLORIDA ALSO THE
PARCEL OF 360 FEET IN WIDTH MORE PARTICULARLY/DESCRIBED�AS A
SIDE OF THE FEC RAILROAD A DI STANCETSOUTHWESTFROM CONCORD ) PARALLEL LAVENUE EFOR
ST
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK- ALL
TO THE INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT
PROPOSED
RESPECTITOANCEANY PRON WHO DECDESANTO
Y APPEAL ANY
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORDEOF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE,
UPON WHICH WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
THE APPEAL IS TO BE HEARD. (286,0105 F.S.)
i c rel
Kath M. O'Hallor
City Jerk
Awk
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
M E M O R A N D U M
TOt Planning & Zoning Commission
FROM: Bruce Cooper
Building Offic' 1
DATEt September 13, 1988
SUBJECT: Vicker's Subdivision Zoning
Mr. Les Solin and I have reviewed the proposed zoning of the above referenced
project from County's Light Industrial to the City of Sebastian designation of
Industrial. The land use currently under the County's plan is MXD (Mixed) which
will be changed to the City's land use designation of Industrial.
Mr. Solin and I have determined that the proposal meets with the criteria set
forth in Section 4-2(C) of the City's Comprehensive Plan in determining allo-
cation of Industrial Development.
The developer has already agreed to a 30 foot buffer to the North, which will
screen the adjacent residential area.
This zoning and land use amendment will require the Planning & Zoning Commission
to make a recommendation to the City Council.
Due to its size, this petition, if approved, will require to be submitted to
the Department of Community Affairs for review and comments before City Council's
final action.
BC/dhm
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32878
TELEPHONE (407) 588-5330
M E M O R A N D U M
TO: Planning & Zoning Commission
FROM: Bruce Cooper
Building Offic' 1
DATE: September 13, 1980
SUBJECT; Vicker's Subdivision Zoning
Mr. Les Solin and I have reviewed the proposed zoning of the above referenced
Project from County's Light Industrial to the City of Sebastian designation of
Industrial. The land use currently under the County's plan is MXD (Mixed) which
will be changed t,9 the City's land use designation of Industrial.
Mr. Solin and I have determined that the proposal meets with the criteria set
forth in Section 4-2(C) of the City's Comprehensive Plan in determining allo-
cation of Industrial Development.
The developer has already agreed to a 30 foot buffer to the North, which will
screen the adjacent residential area.
This zoning and land use amendment will require the Planning & Zoning Commission
to make a recommendation to the City Council.
Due to its size, this petition, if approved, will require to be submitted to
the Department of Community Affairs for review and comments before City Council's
final action.
BC/dhm
APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
1225, MAIN STREET, SEBASTIAN, FLORIDA
TELEPHONE, 589-5330
This application must be completed and returned, with all
enclosures referred to herein, to the Planning and Zoning
Board secretary one week before the scheduled meeting.
This application will. than be referred to the Planning and
Zoning Board for study and recommendations.
DATE RECEIVED# y�
DATE ACCEPTED'{
APPLICANT, 1 tlpy A Fischer
PHONE, 589-5337
ADDRESS# --LQ5 US I.
Sebastian
OWNER#nry A Fischer
PHONE # 589-5337
ADDRESS, IS 1 sebastian
EXISTING LAND USE DESIGNATION#_
REQUESTED LAND USE DESIGNATION#
. T�rri�l
REASON.FOR'PETITION? Br "n
9 Countv Land Use of annexed property
to current Land Use of Cit
ACRES TO BE REDESIGNATED,_ 30. arr
Vacant rg
EXISTING USE, i -
cant Grove �
.111
PROPOSED USE# Southerly Northerly
--7�LZ93.49�148 08,
THE FOLLOWING ATTACHMENT SHALL ACCOMPANY THE APPLICATIONt
1) rIc If the property in question is not owned by the applicant,
a notarized Affidavid of Ownershl.n must accompany
the application giving the consent of
to the applicant to appleach owner
y for a land use change.
2) i✓ A copy of the owner's deed must
'this application. accompany each copy of
3) ✓ A certified survey of the area, if not platted.
4) ✓The legal description of the parcels) proposed
to be changed.
5) ZOf all Adrawing or map showing the zoning classifications
the subject pro adjacent lend within 300 feet of
_, property.
rty.
(2)
6) Names and addresses of surrounding property owners
within 300 ft of,the boundary lines.
7) A check, money order or cash in the amount of $
made payable to the City of Sebastian.
FEE SCHEDULE
less than 5 acres
5 - 100 acres
more than 100 acres
$225.00
$500.00
$750.00
The undersigned understands that this application must be
complete and accurate before consideration by the Planning
and Zoning Board of_the City of Sebastian.
STATE OF LL COUNTY OF -T1J6, P-1 L)C
I,BEING FIRST DULY SWORN;
DEPOSE AND na i�yg1� I AM THE OWNER \ —p -e I
AM THE LEGAL RESPRESENTAT E OF THE OWNER OF THE PR PERTY
DESCRIBED WHICH IS THE S BJECT MATTER OF THIS APPLICATION,
THAT ALL'THEKETCHES ANSWERS TO THE QUESTIONS 7N AID APPLICATION AND
ALL SKETCHES AND DATA AND MATTER ATTR 1 O AND MADE A PART
KN SAID APPLICATION ARE HONEST ANDIPXoo�i"
/ THE BEST OF MY
KNOWLEDGE AND BELIEF. /
SWORN TO AND SUBSCRIBED BEFORE ME, THIS as DAY OF QWW-
19 60 ��--
NOTARY
ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE"`A'PRE-API'•LICAI'IblI
CONFERENCE THROUGH THE PLANNING AND ZONING STAFF SECRETARY
PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS
CONNECTED WITH THE PROPOSAL.
APPLICATION FOR ZONING CHANGE
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
This"""`cj -589-5330
application must be completed and'
referred to herein, to the Plannin returned
before the scheduled g and tonin with all enclosures
the Planningmeeting. This 9 Board Secretary and Zoning Board for application will then be referredtoDATE study and recommendations.
RECEIVED=
APPLICANT: Henr DATE ACCEPTED:
Y A. Fischer
ADDRESS: 10725 US 1PHONE: 589-5337
Sebastian, FL
OWNER: Henry A. Fischer
ADDRESS: 1 725 US 1 PHONE: 589-5337
Sebastian
EXISTING ZONING: Lht Industrial
LAND REQUESTED ZONING: Industrial
USE CLASSIFICATION:
EXISTING USE: Vacat ACRES TO BE REZONED: 30.53
n
PROPOSED USE: Industria] /
AT
REASON FOR PETITION?
Br -
In Count Zo
rr
t r; t., -7----- _ n of Annexed property t
rno
ARE ANY STRUCTURES NOW -LOCATED ON THE PROPERTY?
NO '
THE FOLLOWING ATTACHMENTS SHALL ACCOMP
1) opt ANY THE APPLICATION:
If the property in
on
a notarized AffidaviteoflOwnis not
wed by the a
giving the consent p must accompa pAthecnt,
land use change, °f each owner to the application
applicant to apply for a
this pa of the owners deed must accompany each copy of
AAlication.
3) �A certified survey
of the area, if not platted.
4) The legal descri
/to be rezoned, ption Of the Parcel(s) proposed
5) ,/ A drawing
all g Parcels of adjap showingacent
parcethe zoning classifications
the subject property, land within 300
feet of
(2)
6) Names and addresses of surrounding within 300 ft of the surroundin g Propert
boundary lines. y owners
7)_v"I A check
money order or cash in the amount of $50d•6
0
made payable to the City of Sebastian.
FEE SCHEDULE
less than 5 acres
5 - 100 acres $225.00
more than 100 acres $500.00
The undersi $750.00
complete'andned understands that this
and tonin accurate before considerationib ton must be
Zoning Board of the City of Sebastian. y the Planning
STATE OF
COUNTYOF
,
I
DEPOSE AN y THAT:
,BEING FIRST DULY SWORN
AM THE LEGA RESPRESENTA IVE OF THE OWNER OFAM THE THEp PS
DESCRIBED WHICH IS THE SUBJECT MATTER NE T I
THAT ALL THE ANSWERS TO THE CATION
ALL SKETCHES AND DATA AND MATTER ATTACHED STO AND MADEAID 1AOPAAND
OF SAID APPLICATION ARE HONEST AND T
KNOWLEDGE AND BELIEF. TO THE BEST OF MYRT
/
E.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS o?oi
19 — DAY OF
NOTARY:
ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE Ay PRE '
CONFERENCE THROUGH THE PLANNING AND ZONING STAFF SECRE^aARy „�
PRIOR TO THE APPLICATION TO APPLICATION
CONNECTED WITH THE PROPOSAL. SOLVE OR AVOID PROBLEMS
C3
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WAAMANTY OrEO n
IONa ratty
547'
AIs loarranty Deed Made Ill. day of April A. D. tv 88 by
John Bargas, as to an undivided 1/3 interest and George Tsiotis and
Mary Tsiotis, his wife, as Tenancy by the Entireties, as to an undivided
1/3 interest
lteroinafler called the grantor, to
Henry A. Fischer
wltoso posloffice address is P.O. Box 780068, Sebastian, FL 32978-0068
hereinafter called Ilia grantee:
(Wherever used herein the term) "Itnntor" and "gnntee" include all the partin w thisiwlrutnent a,d
the heir, ILaal RJlrnen1a11Yet and auirm of indrviduah, and the rucceuun and assign. ul curpunlinnt)
IMIRI esseth: That Ilse grantor, for and In consideration of Ilse sum of $ 10.00 and other
valuable considerations, receipt utboreof is Itoreby acknowladgod, hereby graltls, bargains, sells, aliens, re-
mises, releases, conveys and confirms unlo lite grantee, all Ilial certain land situate in Indian River
County, Florida, viz:
PARCEL A: All that part of the Northwest 1/4 of the Northeast 1/4 of Section
20, Township 31 South, Range 39 East, Indian River County, Florida, more
particularly described as follows: Beginning at a point in the South line
of said Northwest 1/4 of the Northeast 1/4 of Section 20, Township 31 South,
Range 39 Fast, 380 feet East from the Southwest corner of said Northwest 1/4
of the Northeast 1/4 of said Section, thence run North 14014' West, 1361.80
feet to the North line of said Section; thence run East along said North
line 45 feet to the West line of the Florida East Coast Railway right-of-way;
thence Southeasterly along the West line of said right-of-way 1486 feet to
the South line of said North -jest 1/4 of the Northeast 1/4 of said Section;
thence West 380 feet, more or less, to the Point of Beginning; LESS AND EXCEPT
THEREFROM the South 30 feet thereof for road right-of-way.
P B: A parcel of land situate in a portion of the Northwest 1/4 the
Nort ast 1/4 of Section 20, Township 31 South, Fange 39 East, I River
County, Florida, being more particularly described as follows: onmence at
the SouL
st corner of said Northwest 1/4 of the Northeast 4 of Section
20; theuth 890 54' 40" East along the South line of sa' Northwest 1/4
of the he t 1/4 a distance of 380.00 feet; thence Nort 140 14' 00" West
a distance of 96 feet to the Point of
d/
s point also being
the North right -way line of "Vickers Road"; thence ntinue North 140 14'
00" West a distan of 1330.60 feet to the North a of said Section 20;
thence North 890 56' 43" West along said North a of said Section 20 a
distance of 30,96 feet; thence South 140 14' 06' East a distance of 1330.65
feet to the North right- f -way line of "Vic Road"; thence South 890 54'
40" East along said right- -way line a dis ce of 30.96 feet to the Point
of Beginning. ,
PARCEL C: All of those
portion of t Southwest 1/4; the Southwest 1/4 of
the
Southeast 1/4; the
Southeast of
as
the Southwest 1/4 of the Northwest
1/4;
and the South 1/2 of the st
1/4 of the Northwest 1/4; of Section
17,
Township 31 South,
Range 3 East
Indian River County, Florida; lying
West
of the Florida East
Coast Ailroad r'
ht -of- way.
The grantor krseby ".'em
that the described herein and conveyed
hereby is not the
byre ice of grantor, nor y rtrinber of grantor's family
dependent upon granto for support; and t the family residence is
elsewhere, and not co iguous to the lands conveye hereby.
Subject to that.ceyfain mortgage in favor of First Uni n National Bank of Florida
recorded April 2 , 1986 in O.R. Book 733, Page 112 (as ected_crnd re-recorded
in O,R. Book 4, Page 2049) of the Public Records of Indian River County,
Florida, sec ing a note in the original principal am t of $1,624.307.00.
Subject t that certain mortgage in favor of First Union Nati al Bank of Florida
record on January 19, 1988 in O.R. Book 788,' Page 1236, of t Public Records
of Indian River County, Florida, said mortgage constitutes of
onal security
:,:o
the above described mortgage.
acceptance of this deed, Grantee hereby agrees to assume and pay said mortgages
VC. CiT. - AMT. $ _V 4 6. S
Ff-iDA CdRGbIT. Clak Of Ckcllil Cori/
kxLt(i Mvx Icw,fy -ey �; !rn,�l�f 0. R. 795 PG 2520
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DESCRIPTION
R PARCFL OF LAND SITUDTE IN PORTIONS OF SECTIONS 17 AND 20, TOVNSHIIP 31
SOUTH, RANGE 39 FAST, INOIAN RIVER COUNTY, FLORIDA, BEING MORE PARICULARLY
DESCRIBED AS FOLLOWSt
BEGINNING AT THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 20 AND THE SOUTHWESTERLY RIGHT -OF -WRY LINE OF THE
FLORIDA EAST COAST RAILWAY (100'R/W); THENCE 5.89 35'01"V., ALONG THE SAID
NORTH LINE, A DISTANCE OF 11.01 FEET; TI£NCE 5.14 54'47"E., 1330.33 FEET TO
THE NORTH RIGHT--OF-WAY LINE OF VICKERS ROAD (60'R/W); THENCE 5.69 25'33"W.,
FN.ONG SAID RIGHT-OF-VAY LINE, A OISTnNCE OF 61.92 FEET, SAID POINT BEING
341.41 FEET EAST OF THE WEST LINE OF THE SAID NORTHWEST QUARTER OF THE NORTH-
EAST Q"TER; TIEKE 11.14 54'47"W., R OISTINICE OF 1330.51 FEET TO THE NORTH
LINE OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
20; THENCE N.14 54'47"W., A DIS nuu OF 50.42 FEET TO A POINT OF CURVATURE OF
A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 19S.00 FEETP THENCE NORTH-
WESTERLY, EASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
75 30'12", A DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE
5.89 35'01"V., A 015TANCE OF 325.61 FEET; THENCE N.00 24'S9'V., R DISTANCE OF
60.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A
R11OIU5 OF 25.00 FEET AND R TANGENT BEARING OF N.89 35'01"E.; THENCE NORTH-
EASTERLY, NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
40 00'00", A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY] THENCE
N.00 24'59"V., A D151ANCE OF 50.53 FEET TO A POINT OF CURVATURE OF R CURVE,
CONC11VE SOUTHWESTERLY, HAVING A RADIUS OF 370.00 FEET; THENCE NORTHWESTERLY,
ALONG THE ARC DF SAID CURVE, tHRU A CENTRAL ANGLE OF 21 23'44", A DISTANCE OF
138.17 FEET TO THE POINT OF T(AIGENCY; THENCE N.21 48'43"W, R DISTANCE OF
2371.66 FEET TO A POINT OF CIIRVAIURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 49.00 FEET. DRU WHICH R RA4)IAL LINE BEARS 5.15 56'24"W.; THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
104 29'46", A DISTANCE OF 89.37 FEET; THFNCF N.21 48'43"V., R DISTANCE OF
653.36 FEET TO THE NORTH L11£ OF TIC SOUTHEAST OUARTER OF TIE SOUTHWEST
QUARTER OF THE NOR RWE5T QUARTER OF 51110 SECTION 17; THENCE N.89 59'30"E.,
ALONG SAID NORTH LME, A DISTAIICE OF 387.74 FEET TO THE SAID SOUTHWESTERLY
RIGHT-OF-WAY LIME OF THE FLORIDA EAST COAST RRILWRY; THENCE 5.21 48'43"E.,
ALONG SAID RIGHT-OF-WAY LINE, A DISTRNCE OF 2786.57 FEET TO A POINT OF CURVA-;
TURF OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 11,541.72 FEET;
THENCE SOUTHEASTERLY, AI.ONG THE ARC OF SAID CURVE, THRU A CENTRAL ANILE
OF 04 05'470, FOR R DISTFWC OF 825.18 FEET TO THE POINT OF BEGINNING.
CONTAINING 90.53 ACRES, MORE OR LESS.
FLOR I OA EAST COf1ST RAILWAY (1
--- Z786.S7'---
J �k. o R
(A)(1)
✓NAME :
PUBLIC HEARING SIGNUP SHEET
ORDINANCE NO. 0-88-30
VICKERS COMPREHENSIVE LAND USE AMENDMENT
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM INDIAN RIVER COUNTY IL DISTRICT
TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN
THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35
ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE
FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
BSc
ADDRESS: A I C) 1\(3-- ,,xQ 64
FOR:
AGAINST•
INFORMATION•
VNAME: CPJRL rv&c6/'
ADDRESS:_
FOR: ✓
AGAINST:
INFORMATION•
----------------------
/NAME: S L
ADDRESS:
FOR:
AGAINST:
Pe tlo-�j 13C 6
INFORMATION:
-----------------------------------------------------------------
NAME:
ADDRESS: 3,5 (F- (�'ArYlo /•R n d ✓
FOR:
AGAINST:
INFORMATION:
NAME:
ADDRESS:
FOR:
AGAINST•
INFORMATION•
2
� ren
APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
1225 MAIN STREET, SEBASTIAN, FLORIDA
TELEPHONEr 589-5330
This application must be completed and returned, with all
enclosures referred to herein, to the Planning and Zoning
Board secretary one week before the scheduled meeting.
This application will then be referred to the Planning and
Zoning Board for study and recommendations.
��I
DATE RECEIVEDr DATE ACCEPTED'1
APPLICANT:_Ilenty A. Fischer PHONEi 589-5337
ADDRESSr 10725 US 1 Sebastian
OWNERr henry A. Fischer PHONEr 589-5337
ADDRESSr_10725 US 1 Sebastian
EXISTING LAND USE DESIGNATIONr I.n -
REQUESTED LAND USE DESIGNATIONr Industrial
REASON .FOR PETITION? Bring County Land Use of annexed property
to current Land Use of Citv
ACRES TO BE REDESIGNATEDr, 30.
EXISTING USEe Vacant Grove
PROPOSED USEr Southerly Northerly
_.ILL._24914g / RC1n 1e -I / RMR 148 (IS'
THE FOLLOWING ATTACHMENT SHALL ACCOMPANY THE APPLICATIONr
1) -;c If the property in question is not owned by the applicant,
a notarized Affidavid of Ownershi.n must accompany
the application giving the consent of each owner
to the applicant to apply for a land use change.
2) A copy of the owner's deed must accompany each copy of
'this application.
3) A certified survey of the area, if not platted.
4) The legal description of the parcel(s) proposed
to be changed.
5) / A drawing or map showing the zoning classifications
of all parcels of adjacent land within 300 feet of
the subject property.
7
(2)
6I Names and addresses of surrounding property owners
within 300 ft of the boundary lines.
7) A check, money order or cash in the amount of $
made payable to the City of Sebastian. .
FEE SCHEDULE
less than 5 acres
5 - 100 acres
more than 100 acres
$225.00
$500.00
$750.00
The undersigned understands that this application must be
complete and accurate before consideration by the Planning
and Zoning Board of the City of Sebastian.
STATE OF /i`L COUNTY OF jkj.�. P,I L%CL
I' my '� i��C,BEING FIRST DULY SWORN;
DEPOSE AND SAY THAT: I AM THE OWNER 0 -Q -a I
AM THE LEGAL RESPRESENTAT, E OF THE OWNER OF THEPR PERTY—
DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION,
THAT ALL'THE ANSWERS TO THE QUESTIONS N SAID APPLICATION AND
ALL SKETCHES AND DATA AND MATTER ATTTAQ ] 0 AND MADE A PART
OF SAID APPLICATION ARE HONEST AND J1 O THE BEST OF MY
KNOWLEDGE AND BELIEF. /
SWORN TO AND SUBSCRIBED BEFORE ME, THIS aRA DAY OF Q(,4e,-(,
19 ��—
NOTARY:
ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE'A PRE -APPLICATION
CONFERENCE THROUGH THE PLANNING AND ZONING STAFF SECRETARY
PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS
CONNECTED WITH THE PROPOSAL.
t
APPLICATION FOR ZONING CHANGE
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
TELEPHONE: 589-5330
This application must be completed and returned, with all enclosures
referred to herein, to the Planning and Zoning Board all enclosures
before the scheduled meeting. This application will then be referred to
the Planning and Zoning Board for stud Secretary one week
y and recommendations.
DATE RECEIVED:
DATE ACCEPTED:
APPLICANT: Henry A. Fischer �'—
PHONE. 589-5337
ADDRESS: 10725 US 1 Sebastian, FL --------
OWNER..
-------OWNER; Henry A. Fischer
ADDRESS: 10725 US 1 Sebastian PHONE: 589-5337
EXISTING ZONING: Light Industrial REQUESTED ZONING: Industrial
LAND USE CLASSIFICATION:
ACRES TO BE REZONED: 30.53
EXISTING USE; TO
PROPOSED USE:
REASON FOR PETITION? B
ARE ANY STRUCTURES NOW LOCATED ON THE PR
n A....,,_._
NO
THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION:
1) oK If the property
a notarized Affidavitest
oflOwnis not --tea by the applicant,
giving the consent of each owner totheaccompanpf the application
z) ✓/ land use change. PPlicari to apply for a
A copy of the owner's deed must
this application. accompany each copy of
3) _� A certified survey of the area, if not platted.
4) The legal description of the Parcells) proposed
/to be rezoned.
5) ,/ Of Adrawing
or map showing the zoning classifications
Parcels of adjacent land within 300
the subject property. feetof
og
(2)
6) Names and addresses of surrounding property owners
/ within 300 ft of the boundary lines.
7)" A check, money order or
made cash in the amount of $506,60
payable to the City of Sebastian.
FEES-- CHEDULE
less than 5 acres
5 - 100 acres
more than 100 acres
The undersigned understands
complete and accurate before
and Zoning Board of the City
STATE OF 7�z._, /.� _
I,
$225.00
$500.00-/
$750.00
that this application must be
consideration by the Planning
Of Sebastian.
JNTY OFAM
DEP E ANNE
Y THAT: .BEING FIRST DULY SWORN,
AM THE LEGA RESPRESENTA IVE OF THE OWNEREOFWTHE P OPERTY
DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, I
THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION AND
ALL SKETCHES AND DATA AND MATTER ATTACHED TO AND MADE A PART
OF SAID APPLICATION ARE
KNOWLEDGE AND BELIEF. HONEST AND TTO THE BEST OF MY
SI U E
SWORN TO AND SUBSCRIBED BEFORE ME, THIS o2;2
DAY OF
19& .r�
NOTARY: ,� Z
ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE -APPLICATION
CONFERENCE THROUGH THE PLANNING AND ZONING STAFF SECRETARY
PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS
CONNECTED WITH THE PROPOSAL.
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS,
1225 MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY,
NOVEMBER 30, 1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF
COMMUNITY AFFAIRSIPROPOSED ORDINANCE NO. 0-88-30 AMENDING THE
COMPREHENSIVE LAND USE PLAN FROM COUNTY IL TO CITY IN
(INDUSTRIAL), AND A FIRST READING OF ORDINANCE NO. 0-88-31
REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL) WITHIN THE AREA
SHOWN IN THE MAP IN THIS ADVERTISEMENT AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF
THE NE 1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE
PARTICULARLY DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING
AT THE NW CORNER OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD
BEING THE POINT OF BEGINNING, THENCE NORTH 1427 FEET ALONG THE
WEST LINE OF RAILROAD AND 326 FEET WEST FROM POINT OF BEGINNING
ALONG VICKERS R.O.W. kLSO THE PROPERTY DESCRIBED AS: 30 ACRES
MORE OR LESS IN THE W 1/2 OF S 17, T 31 S, RANGE 39 E, SEBASTIAN,
FLORIDA, MORE PARTICULARLY DESCRIBED AS A PARCEL OF 360 FEET IN
WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST SIDE OF THE FEC
RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR APPROXIMATELY
3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH
RESPECT TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD
OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105
V r311�yN"•
�n
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Ir '�
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256-r9-
Ell
CITY OF SEBASTIAN, FL
by: Kathryn M. O'Halloran
City Clerk
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WARRANTY HAD - RAMCO FORMI ��
LONG FOAM ,/��
t e..:i-. NED MAY 1 5
i. J'iJU
Dlils warrallly Pfeil blade Iho /J day of AP r—/'/ A. U, 19 86 by
Donald S. Vickers, as to an undivided 2490/8689ths interest, Jack K. Vickers,
as to an undivided 2490/8689ths interest, Dorothy Rogers, as to an undivided
2499/8689ths interest, and Betty V. Foster, as to an undivided 1210/8689ths
interest.
hereinafter called the grantor, to AGaeS
Sebastian General Partnership, B.F.T. 130.8�
Y`;r•l
whose posloffice address is P.O. Box 68, Sebastian, Florida 32958 27 1
herelnither called Ilia grantee:
(Wherever used herein the terms ttranlor" and ttnnlee" Include all the parties to Ihit in,lrumenl and
�A� the Fein, legal rapnsemuivn and wipe of individual., and the mets..... and will.. u! .urpvntinnQ
1LWflileSSelli: That Ilia grantor, fur and itt consideration of the sum of $ 10.00 and olhur
valuable considerations, receipt whoreaf is hereby acknowledged, hereby grants• bargains, sells, aliens, re-
mises, releases, conveys and confirms unto Ilio grantee• all thal certain land siluale in Indian River
Courily, Florida, viz:
The Southeast quarter of the Southwest quarter of the Northwest quarter;
ALSO, the North three-quarters of the East half of the Northwest quarter
the Southwest quarter; AND ALSO, that part of the South half of the SouthE
quarter of the Northwest quarter and that part of the North three-quarters
the Northeast quarter of the Southwest quarter lying West of the Florida E
Coast Railroad right-of-way; all in Section 17, Township 31 South, Range
East, Indian River County, Florida.
IR
,,
The West 30 feet of
the Northwest 1/4
of
the Northeast 1/4 of Section 20,
ship 31 South, Range
39 East, as being
in
Indian River County, Florida.
�• v,� �1•2 9, //lf mac• -rte !/
GILLESPIE, MCCORMI� GILBERT &
McGEE
2400 East Atlantic Boulevard
Suite 300
Pompano Beach, Florida 33062
Book 0 13 3 PAGE 1 1 0 6
X si, - nisi, s /, 9oJ: a o
f
"'
".e..:i l4liGBi, Clerk of Circuit Can.'
I„ _il Ciuer Cuuatit - 41I�OA.t^t.
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GILLESPIE, MCCORMI� GILBERT &
McGEE
2400 East Atlantic Boulevard
Suite 300
Pompano Beach, Florida 33062
Book 0 13 3 PAGE 1 1 0 6
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RE,�IVED MAY 1 5
1986
�. WARRANTY.DEED J
(FROM CORPORATION. !: � �3 1
4
-- RAMCO FORM 33
This 104"Ality deed Plnde and executed Ilia 1,5�
day of Apr/ l A. D.
t9 P6 by
Darl Investment Company, a Florida Corporation
a corporation exisling under the laws of Florida
and having its,prrincipac%r
lace oj�T
business at P.O. Box 357, Sebastian, Florida 32958
hereinafter called ilia grantor, to
Sebastian General Partnership, ..B.FT`
whose poslofflce address is
:_.,
r•:'.'..,
P.O. Box 68, Sebastian, Florida 32958
hereinafter called Ilse grantee:
i
fWb... N,r used herein the terms "grantor's and "pramec" include
I tM._i
dl the parties to thi ,mlw-7negt.�jgd
g;,n Cl(rj`:•
the hare, Ileal representatives and assigns of individuals, and the
se
suceesrs and guises of c,rryori ti")
�'
-P,..
n'
W
1tWitneSSeth: That Ilia grantor, for and in consideration
of file sum of $ 10.00
and other
valuable considerations, receipt whereof is hereby acknowledged,
by these presents does grant, bargain, sell,
alien, remise, release, convey and confirm unity the grantee, all that certain land situate in Indian
River
County, Florida, viz:
The Southwest quarter of the Southwest quarter; AND ALSO, the South half of
the •South half of the Northwest quarter of the Southwest quarter; AND ALSO,
that part of the South quarter of the Northeast quarter of the Southwest quarter
and that part of the Southeast quarter of the Southwest quarter and that part
of the Southwest quarter of the Southeast quarter lying West of the Florida
East Coast Railroad right-of-way; all in Section 17, Township 31 South, Range %
39 East, Indian River County, Florida.
o10c. U. - AMT. s *"3/-/. 00
HEM WRIMrr, C10III of Circuit Call rt
Ir o River County - by,l)/r
]IOgether with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining.
To Have and to Moldf. lite same in fee simple forever.
End the grantor hereby covenants with said grantee that It Is lawfully seized of said lgnrf .in fee
simple: Ihal.it has good right arid lawful authority to sell and convey said land: that it hereby fully war-
rants the title to said land and will defend the same against Ilse lawful claims of all persons whomsoever:
and Sial said land is free of all encumbrances except taxes accruing subsequent to December
31, 1985.
SUBJECT UO:
1. Restrictions, reservations, limitations, and easement of record, if any;
this reference to said restrictions shall not affect to reimpose same.
2. Zoning ordinances affecting said pr rty. `
(CORPORATE SEAL) fill fllllltneSS Whereof Ilse grantor has caused these presents to
be executed in Its name, and its corporate seal to be hereunto affixed, by its
proper officers (hereunto duly authorized, the day and year first above wrillen,
ATTEST: ........................................................................ P.._INVESIME�fP_CCrIPANStA a FL CA. ......
Secretary ............f..
Sig ed, sealed and delivered in the presence of: Is
�/' r
�Fh v Dy .ffion�TQ. b� +- :i a -.
' d S 1C L'S� ant••
Witlie.............................................. J,
STATE OF Flor 4a t ,•
COUNTY OF rn Cr/l�l'� /C I'•'P1� } ^'!i �' .:t•
1 HEREBY CERTIFY that on this day, before me, an officer duly wthe,ised to the State and County aforesaid to fake acknowlegmenfa,
personally appeared
Donald S. Vickers
well known to me to be the President and---------------------- rc'PectiwIY of the corporation named u grantor
in the foregoing deed, and that they severally acknowledged executing the same in the presence of two mbaribing wimessel'fretlj and voluntarily
under authority duly veiled in them by said corporation and that the seal alliaed thereto it the true corporate seal of raid eorponliod,
WITNESS my hand and official teal In the County and State last aforesaid this day of April !-t1. 19 B6
lhif Irurnnyrcnr pre arrd 6 rNotaryPublic. ' .r
/� ff. y John Gould, Esq.
979 Beachland BoulevardX,Y:',FIFr;ur al l{byi.
Vero Beach, FL 32963 ; :xsnit IOP' -:w `?vl,•2 y, 1?9r
~("-LIVLf) MAY 15 W6
r. 109etheril will, all It.. tenements, heredilamenls anti appurlena.:,.as thereto belonging or in any-
wise appertaining.
To 34aoe and to $ioldr file same irk foe simplo forever.
Ylnd lite grantor hereby convenanls Willi said grantee that lite grantor is lawfully seized of said (arid
In fee simple; that lite grantor has good right and lawful authority to sell and convey sold land; Iitat lite
grantor hereby fully warrants lite title to said land and will defend lite same against lite (awful claims of
all persons whomsoever; and flint said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 19 85.
SUBJDCT TO:
1. Restrictions, reservations, limitations, and easement of record, if any;
this reference to said restrictions shall not affect to reimpose same.
2. Zoning ordinances affecting said property. .
In Witaess Whereof, Ilse said grantor has signers and scaled these presents ilia day and year
first above written.
STATE OF E_ Arida
COUNTY OF 1naff 21� 7luP r
1 HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the Stale aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Donald S. Vickers, Jack K. Vickers, Dorothy Rogers and Betty V. Fbster
to me known to be the persons described in and who executed the foregoing instrument and t] -K •-•Acknowledged
before me that they executed the same. •xti
y✓
WITNESS my hand and official real in the County and Stale last aforesaid this.
�.J :. •. say of
April A. D. 19 86 •�'.•'� e
.. �'C`F.. w .. Y'-..Y.S.—.p. 1.
. ...... .... ..� ...1.`
Notary Public —` t'� ,
palm', "Public, Stole of FlorlrYwgal
My Gismmhsion Expires Oci.23, I,DgI, <•:. �;
John Gould, Esq.
Thii Lufrlunent, prepared by; 979 Beachland Boulevard
Adi/rev Vero Beach, Florida 32963
13000 (3 Pn6E I 1011 '
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Aom. ^ V I'c—Ke2S
2. L 9 B407
Rapp, Raymand & Rita
1666 Arden Ave.
Staten, Island NY 10312
4. 117 8412
ONeal, Edward & Shirley
RTUBox 757 Schumann Dr.
5. L16 B412 Schwarze, Harold & Carol
751 Schumann Dr.
6. L15 B12
Bailey, Charles & Teresa
P.O. Box 732
359 Schumann Dr.
7. L14 B412
Bruce, Willam & Helen, Peter
739 Schumann DR.
B. 1.13 8412
First Baptist Church of Seb,.
P.O. Box 386
Q. L12 8412
Hartman, Milored
727 Schumann Dr.
10. L11 B412
Waite, bole & Janice
801 Essex Ln.
11. L10 B412
Schar Wallace & Vern
1459 Spew hly
Berkley, IL 60163
12. L9 B412
GDC
1111 S. Bay Shore Dr.
Miami. FL 33131
13. L7&8 8412
Cruz, Narcesa
8330 W. Winnemac Ave.
Norridge, II 60656
14. L6 6412
Ong, Wilfred & Belina
8330 W. Winnemac Ave.
Norridge , IL 60656
15. L 5 B412
Aberts, John & Dorthy
374 Concord Ave.
16 L4 B412
Willams Victor & Effie
358 Concord Ave.
17. L3 B412
Sheeran, Anthony & Hoanna
938 Beach Ln.
18 L2 B412
Luz Stella
P.O. Box 7810-15 Seb.
19. L2 B413
Beyer, Leo & Marguerite
343 Concord Ave.
21. 00 50 00 1.1
Allen, John
P.O. Box 1154 Seb.
22. 00 40 2.0
Aspen Wispering Palms
2757 44th St. Suite 306
Grand Rapids, MI 49509
23. 00 50 2.0
New Life Christian Center Inc.
P.O. Box 746
Wabasso; 32970
24. 00 3000 1.1
Atha & Swiger Real Estate Inc.
P.O. Box 218 Seb.
25. 00 3000 1.0
Cable TV Fund VIII -A Jones Intercable Inc.
5275 Denver Tech Center
Englewood, Co. 80110
NOTICE OF PUBLIC HEARING
THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL
CHAMBERS 1225 MAIN STREET, SEBASTIAN FLORIDA AT A SPECIAL
MEETING ON THURSDAY SEPTEMBER 29, 1983 AT 4;00 P.M. TO
CONSIDER AN APPLICATION AS SUBMITTED BY THE PROPERTY OWNER
REQUESTING A LAND USE CHANGE FROM COUNTY DESIGNATED MXD TO
CITY OF SEBASTIAN DESIGNATION INDUSTRIAL FOR RECENTLY ANNEXED
PROPERTY.
***FROM MXD TO IN:#:**
FOR THE FOLLOWING DESCRIBED PROPERTY; APPROXIMATELY
4.53 ACRES MORE OR LESS LOCATED IN THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 31
SOUTH, RANGE 39 EAST, SEBASTIAN, FLORIDA, MORE
PARTICULARLY DE=SCRIBED AS; A TRIANGULAR PORTION OF
LAND STARTING AT THE NORTHWEST CORNER OF VICfER:S
FIGHT -OF -WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE
OF RAILROAD AND 326 FEET WEST FROM POINT OF BEGINNING
ALONG VICKER'S R.O.W.
ALSO THE PROPERTY DESCRIBED A:S; 30 ACRES MORE OR LESS
IN THE WEST 1/2 OF :SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 E, SEBASTIAN FLORIDA, MORE PARTICULARLY
DESCRIBED AS A PARCEL 360 FEET IN WIDTH, (EAST TO
WEST) PARALLEL ALONG THE WEST SIDE OF THE FEC:
RAILRIOAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3340 FEET.
THE CITY OF SEBASTIAN'S LAND USE MAP IS AVAILABLE FOR REVIEW
AND INSPECTION IN THE CITY CLERK'S OFFICE, CITY HALL,
SEBASTIAN, FLORIDA. ALL INTERESTED PARTIES MAY APPEAR AT THE
HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED
APPLICATION. ANYONE WHO MAY WIS=H TO APPEAL ANY DECISION
WHICH MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MAGE WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TME APPEAL IS
BASED.
CITY OF SEBASTIAN, FLORIDA
BY STAN KRULIKOWSYI, CHAIRMAN
PLANNING AND ZONING COMMISSION
PUBLISH SEPTEMBER 19, 198;
PRESS JOURNAL
0
a
19
19
RECEIVED FROM
ADDRESS
DATE :� s_ 19- No. 3734
C�AM�,
ACCOI�NT '' '"HQMom i
AMT. SH
I
JOINT VENTURE AGREEMENT I I O
This Joint Venture Agreement is made and entered Into
L
effective the jp day of Q C T. , 198 by and between
HENRY A. FISCHER, hereinafter referred to as "Fischer", JOHN
BARGAS, hereinafter referred to as "Bargas", and GEORGE P.
TSIOTIS and MARY P. TSIOTIS, his wife, as tenants by the
entireties, hereinafter collectively referred to as "Tsiotis",
(whose addresses and interests in the Joint Venture are listed
on Exhibit A attached hereto and made a part hereof),
hereinafter collectively referred to as the "Venturers".
RECITAL
For and in consideration of the mutual covenants herein
contained, the Venturers hereby form and create this Joint
Venture for the purpose of the development of the Real
Property legally described on Exhibit B attached hereto and
made a part hereof.
ARTICLE I
NAME AND PLACE OF BUSINESS
Name Q�
1.01 The activities and business of the V nt, T
shall be conducted under the name of SEBASTIAN i lTi*(Pi31 ..
Sebastian, Florida, and under such variations of this name as
may be necessary to comply with the laws of other states
within which the Joint Venture may do business or make
investments.
Place of Business
1.02 The principal place of business of the Joint Venture
shall be Sebastian, Florida, but additional places of business
may be located elsewhere.
Address
1.03 The mailing address of the Joint Venture shall be
Ra. Rnx 0 , Sebastian, Florida 32958.
ARTICLE II
PURPOSES OF THE JOINT VENTURE
The purpose of this Joint Venture shall be as follows:
2.01 To do all things that are lawful. To acquire, hold,
improve, mortgage, lease and sell the real estate described in
Exhibit B.attached hereto and to do all other lawful things. as
may be agreed to unanimously by the Venturers.
ARTICLE III
TERM OF THE JOINT VENTURE
3.01 The Joint Venture shall begin ono,j7
198, and shall continue until the occurrence f the first of
the following:
a. Dissolution by unanimous agreement.
b. The sale of all Real Property owned by the -Joint
Venture.
ARTICLE IV
CONTRIBUTIONS TO THE JOINT VENTURE
Initial Contributions
- 1 -
4.01 The Venturers acknowledge that each Venturer shall
be obligated to contribute and will, on demand, contribute to
the Joint Venture the amount of cash or property of agreed
fair market value set out opposite the name of each on Exhibit
A as such Venturer's initial capital contribution.
Future Contributions
4.02 Each Venturer shall be obligated to make the
advances as set forth in this paragraph, unless his obligation
shall be terminated by a unanimous vote of all Venturers.
Each Venturer shall be obligated to contribute and will, on
demand, contribute to the Joint Venture the amount of cash or
property of agreed fair market value set out opposite the name
of each on Exhibit A. Each Venturer shall advance to the
Joint Venture, by unanimous vote of the members of the Joint
Venture, the Venturer's pro rata share (the ownership
percentage set opposite the name of each Venturer in Exhibit
A) of all costs, expenses or charges with respect to the
operation of the Joint Venture and the ownership, operation,
maintenance and upkeep of any Joint Venture property including
but not limited to ad valorem taxes, debt amortization
(including interest payments), insurance premiums, repairs,
costs of capital improvements made on unanimous approval by
the Venturers as herein provided, management fees or salaries,
advertising, expenses, professional fees, wages and utility
costs, to the extent such costs, expenses or charges exceed
the income, if any, derived from the Joint Venture and the
proceeds of any loans made to the Joint Venture.
Contributions Secured
4.03 Each Venturer hereby grants to the other Venturers a
lien on his interest in the Joint Venture to secure payment
for any and all contributions and the performance of any and
all obligations required or permitted hereunder.
Capital Accounts
4.04 The initial capital accounts of the Venturers shall
be equivalent to the percentage of interest in the capital of
the Joint Venture as set forth on Exhibit A.
ARTICLE V
PROFITS -LOSSES -LIABILITIES
Interest On Each Venturer
5.01 The interest of each
below, in and to any net profits
obligation and liability of each
With respect to any and all
connection with the business of
as provided below, shall be in
attached hereto.
Venturer, except as provided
of the Joint Venture and the
Venturer as among themselves
liabilities and losses in
the•Joint Venture, other than
accordance with Exhibit A
5.02 To the extent that depreciation deductions on Joint
Venture assets are allowable to the Joint Venture, they shall
be allocated in proportion to the Venturer's percentage
interest in the Joint Venture as expressed in Exhibit A
attached hereto.
5.03 No Venturer shall have any rights to compensation
solely by reason of its contribution to the Joint Venture,
except to share in the net profits stated above. Any Venturer
may, however, lend to the Joint Venture such additional funds
as the Venturers may unanimously agree upon and interest at
the prevailing rate per annum shall be paid thereon and
charged as an expense of the Joint Venture business.
Distributions
- 2 -
5.04 Distributions from the Joint Venture to the
respective Venturers shall be made at such times and in such
amounts as may be determined by a unanimous vote of the
Venturers. Any distribution from the Joint Venture shall be
made proportionately to all Venturers in the percentage set
Opposite each Venturer's name as provided in Exhibit A
attached hereto.
Expenses
5.05 Venturers shall maintain proper records in regard to
personal expenses incurred during their regular and routine
performance of its duties for or on behalf of the Joint
Venture, including, but not limited to, the following:
(1) Travel expenses together with meals and lodging
associated with the Joint Venture business.
(2) Entertainment and promotional expenses associated
with the Joint Venture's business.
(3) All other personal expenses, incurred as a result of
the Venturer's duties associated with the Joint Venture
business.
All of the expenses, listed in this Paragraph 5.05, shall
only be reimbursed by the Joint Venture to the Venturers upon
the unanimous vote of the Venturers.
ARTICLE VI
OWNERSHIP OF JOINT VENTURE PROPERTY
6.01 All real or personal property, including all
improvements placed or located thereon, acquired by the Joint
Venture shall be owned by the Venturers in the shares or
percentages set opposite the name of each Venturer in Exhibit
A attached hereto and made a part hereof.
ARTICLE VII
FISCAL MATTERS
Fiscal Year
7.01 The fiscal year of the Joint Venture shall be the
calendar year.
Books and Records
7.02 Proper books and records shall be kept with
reference to all Joint Venture transactions, and each Venturer
shall at all reasonable times during business have access
thereto. The books shall be kept in such manner of accounting
as shall -properly reflect the income of the Joint Venture and
as shall be agreed on by the Venturers. The books and records
shall include the designation and identification of any
property in which the Joint Venture owns a beneficial
interest; such records shall include, but shall not be limited
to, the ownership of property (real, personal and mixed), as
well as any property in which the Joint Venture owns an
interest and the title to such property has been recorded or
is maintained, in the name of one or more designated Venturers
without designation of the Joint Venture. The books and
records of the Joint Venture shall be reviewed annually at the
expense of the Venturers by an accountant selected by the
Venturers, who shall prepare and deliver to the Joint Venture,
for filing, the appropriate Federal Income Tax Return.
Joint Venture Accounts
7.03 All funds of the Joint Venture shall be deposited in
I
3 -
I
its name in an account or accounts maintained at a bank
designated by the Venturers or with an agent designated by the
Venturers. Checks shall be drawn upon the Joint Venture
account or accounts only for purposes of the Joint Venture and
shall be signed by all Venturers or an agent designated by the
Venturers.
Joint Venture Costs
7.04 All costs relating to the Joint Venture, including,
without. limitation, all Purchase Monies, Maintenance and
Carrying Charges, Development Charges and any legal or
accounting fees are the responsibility of the Joint Venture.
ARTICLE VIII
MANAGEMENT OF JOINT VENTURE AFFAIRS
8.01 Control of the Joint Venture and all of its affairs
shall be in the Venturers who shall by unanimous vote only
take all reasonable and necessary action of any nature
whatsoever in regaid to the affairs of the Joint Venture in
connection with the operation, management, sale in whole or in
part, syndication, mortgaging, refinancing or reduction of
mortgages, securing of construction and syndication financing,
and all other matters in connection with the operation of the
Joint Venture.
Restriction On Authority Of Venturers
8.02 The individual Venturers, without the unanimous v
consent of all Venturers, shall have no authority with respect
to the Joint Venture and this Agreement to:
(1) Do any act in contravention of this Agreement;
(2) Do any act which would make it impossible to carry
on the business of the Joint Venture;
(3) Possess Joint Venture property or assign the right
of the Joint Venture or its Venturers in specific Joint
Venture Property for other than a Joint Venture purpose;
)
iver angeneral
for the benefit �ofxcreditors, orlany bond, guarantyassignments
bond, or surety bond;, indemnity
(5) Assign, transfer, pledge, compromise, or release any
claim of the Joint Venture except for full payment, or
arbitrate, or consent to the arbitration of any its disputes
or controversies;
(6)_ Do any of the following:
a. Confess a judgment;
b.= Amend or otherwise change this
modify the rights or obligations
set forth herein; or
C. Create any personal liability for
than that personal liability to
may have agreed in writing.
Agreement so as to
Of the Venturers as
any Venturer other
which any Venturer
Meetings Of The Venturers
8.03 The Venturers shall hold meetings at times and
Places to be selected by the Venturers. In addition, a
majority in interest of the Joint Venture may call a special
meeting to be held at the office of the Joint Venture at any
time after the giving of seven (7) days notice
Venturers. to all of the
Any Venturer may waive notice of or attendance at
any meeting of the Venturers, and may attend by telephone or
any other electronic communication device or may execute a
signed written consent. At such meeting, the Venturers shall
- 4 -
transact such business as may properly be brought before the
meeting.
The Venturers shall keep regular minutes of all their
proceedings. The minutes shall be placed in the minute book
Of the Joint Venture.
Action Without A Meeting
8.04 Any action required by statute or by this Agreement
to be taken at a meeting of the Venturers, or any action which
may be taken at a meeting of the Venturers, may be taken
without a meeting, if a consent in writing, setting forth the
action so taken, shall be signed by all of the Venturers and
such consent shall have the same force and effect as a
unanimous vote of the Venturers. Any such signed consent, or
a signed copy thereof; shall be placed in the minute book of
the Joint Venture.
ARTICLE IX
RESTRICTIONS ON TRANSFERS
9.01 Except as otherwise provided in this Agreement, no
Venturer may sell, assign, transfer, encumber, or otherwise
dispose of any interest in the Joint Venture, Joint Venture
// Property, or assets of the Joint Venture without the prior
written consent of the other Venturers, and shall not pass
title to said interest or property in the absence of such
consent, and any such prohibited transfer, if made, shall be
void and without force or effect and any attempt by any
Venturer to dispose of his interest in violation of this
prohibition shall constitute a material default hereunder.
In the event that any Venturer receives an offer to
purchase his interest or any portion of his interest in the
Joint Venture, Joint Venture Property, or assets of the Joint
Venture, he shall within five (5) days of receiving said offer
make that offer known to the other Venturers.
The Joint Venturers shall at all times have a right of
first refusal to acquire any Joint Venture interest as to
which a Venturer may have received a bona fide offer to
purchase, within thirty (30) days from the date of delivery of
a copy of such offer to purchase to the Venturer, upon the
same terms and conditions as contained in said bona fide
offer. In the event they do not exercise this option, the
Option shall lapse and the Venturer may sell or otherwise
dispose of his interest in the Joint Venture to the original
offeror.
ARTICLE X
GUARANTEE OF LOANS BY VENTURER
as the Jint Vetures
anticipate that uahconstruction 1 annfromranuinstitutinerstandonand
al
lender will be required to undertake and complete construction
on real property owned by the Joint Venture and that such
lender may require guarantee of a loan to tele Joint Venture by
the undersigned Venturers, as individuals, the undersigned
acknowledge and agree with the Joint Venture the Joint
Venturers will be obligated to guarantee to an institutional
lender a construction loan to the Joint Venture secured by
mortgage on the property of. the Joint Venture.
ARTICLE XI
DEFAULT BY VENTURER
11.01 The following events shall be deemed to be events
of default by a Venturer:
- 5 -
('1) Violation of any of the provisions of this Agreement
and failure to remedy or cure such violation within twenty
(20) days after written notice of such violation from all of
the other Venturers.
(2) The making of an assignment for benefit of creditors
or the filing of a petition under any section or chapter by
the National Bankruptcy Act, as amended or under any similar
law or statute of the United States or any state thereof.
(3) Adjucation of Venturer as a bankrupt or insolvent in
proceedings filed against the Venturer under any section or
chapter of the National Bankruptcy Act, as amended, or under
any similar law or statute of the United States, or any state
thereof, without further possibility of appeal or review.
(4) The appointment of a receiver for all or
substantially all of the assets of a Venturer and the failure
to have such receiver discharged within thirty (30) days after
appointment.
(5) The bringing of any legal action against a Venturer
by his creditor resulting in litigation which creates a real
and substantial risk of involvement of the Joint Venture
Property and which will probably result in such creditor, or
his assigns, succeeding in or to all or a part of the interest
of such Venturer in the Joint Venture.
Effect Of Default
11.02 On the occcurrence of an event of default by a
Venturer, the other Venturers shall have the right, by vote of
the other two Venturers, at their election, which election may
be made at any time within three (3) months from the date of
such default, upon giving the defaulting Venturer ten (10)
days written notice of such election (and provided such
default is continuing on the date such notice is given) to
terminate the interest of the defaulting Venturer without
affecting a termination of the Joint Venture. In the event of
such termination, the nondefaulting Venturers (hereinafter
referred to as the "Purchasing Venturers") shall be required
to purchase the interest of the defaulting Venturer.
The purchase price to be paid to the defaulting Venturer
shall be paid in cash or, at the option of the Purchasing
Venturers, by the execution and delivery of the Purchasing
Venturers' note payable to the order of the defaulting
Venturer, in the amount of the purchase price. Said note
shall bear interest at the rate of one percent over the then
prime rate per annum and shall be payable in equal annual
installments over a three (3) year period, the first such
payment to be made one (1) year from the date of execution and
delivery of such note and with such note containing full
prepayment privileges without penalty. In the event the
Purchasing Venturers elect to exercise the option contained in
this.Paragraph 11.02, the purchase price to be paid to the
defaulting Venturer shall be:
The total cash investment of the defaulting Venturer in
the Joint Venture. Said purchase price shall be reduced by
the aggregate amount of any outstanding debts to the Joint
Venture of the defaulting Venturer, and also any and all
damages caused by the default of the defaulting Venturer,
including attorney fees and costs which may be reasonably
expended by the Joint Venture.
IE
On receipt of the aforesaid purchase price, if any, by
the defaulting Venturer, the defaulting. Venturer shall have no
further interest in the Joint Venture or its business or
assets and the defaulting Venturer shall execute and deliver
such assignments and other instruments as may be reasonable to
evidence and fully and effectively transfer the interest of
the defaulting Venturer to the nondefaulting Venturer.
No assignment or trasfer of a defaulting Venturer's
interest as provided herein shall relieve the defaulting
Venturer from any personal liability for outstanding
indebtedness, liabilities, liens and obligations relating to
the Joint Venture which may exist on the date of the
assignment or transfer. The default of any Venturer hereunder
shall not relieve any other Venturer from his or its
agreements, liabilities and obligations hereunder. A
defaulting Venturer's interest in the Joint Venture shall not
be considered in any Joint Venture voting requirement.
ARTICLE XII
AMENDMENT
12.01 Subject to the provisions of Article VIII, this
Agreement may be amended or modified by the Venturers from
time'to time but only by a written instrument executed by all
Venturers in the Joint Venture.
ARTICLE XIII
TERMINATION
13.01 If the Joint Venture is dissolved by mutual consent
Of all Venturers or by operation of law, the liquidation of
the affairs of the Joint Venture shall be conducted by all the
Venturers. All gains and losses resulting from liquidation
shall be apportioned among the Venturers and estates of
deceased Venturers in accordance with the provisions for
sharing gains and losses set forth above.
ARTICLE XIV
TENANCY BY THE ENTIRETIES
14.01 It is acknowledged that GEORGE P. TSIOTIS and MARY
P. TSIOTIS own their one-third (1/3) interest as tenants by
the entireties. MARY P. TSIOTIS does hereby irrevocably
appoint and constitute GEORGE P. TSIOTIS as her true and
lawful attorney in her name, place and stead to make, execute,
acknowledge and do all things that she could or should do
under this Agreement, including all her voting rights.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Notices
15.01 Except as may be otherwise specifically provided in
this Agreement, all notices required or permitted hereunder
shall be in writing and shall be deemed to be delivered when
deposited in the United States mail, postage prepaid,
registered or certified mail, return receipt requested,
addressed to the parties at the respective addresses set forth
in Exhibit A, or at such other addresses as may have been
theretofore specified by written notice delivered in
accordance herewith.
Florida Law To Apply
15.02 This Agreement shall be construed under and in
accordance with the laws of the State of Florida and all
obligations of the parties created hereunder are performable
in Florida.
Other Instruments
15.03 The parties hereto covenant and agree that they
will execute such other and further instruments and documents
as are or may become necessary or convenient to effectuate and
- 7 -
P
carry but the Joint Venture created by this Agreement.
Headings
15.04 The headings used in this Agreement are used for
administrative purposes only and do not constitute substantive
matter to be considered in construing the terms of this
Agreement.
Parties Bound
15.05 This Agreement is binding on and shall inure to the
benefit of the parties hereto and to their respective heirs,
executors, administrators, legal representatives, successors,
and assigns where permitted by this Agreement.
Strict Construction
15.06 This Agreement shall not be strictly construed
against any party hereto.
Legal Construction
15.07 In case any one or more of the provisions contained
in this Joint Venture Agreement shall, for any reason, be held
to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not effect
any other provision hereof, and this Joint Venture Agreement
shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
Counterparts
15.08 The Joint Venture Agreement may be executed in any
number of counterparts and each of such counterparts shall for
all purposes be deemed to be an original.
Gender
15.09 Wherever the context
herein in the masculine gender
feminine or neuter gender, all
the plural, and all plural words
shall so require, all words
shall be deemed to include the
singular words shall include
shall include the singular.
Prior Agreements Superceded
15.10 This Agreement supersedes any prior understanding
or written or oral agreements between the parties respecting
the within subject matter.
EXECUTED at i`0M9A Np R---tNo , Florida, as of the day
and year first above written.
Signed, sealed and delivered
in the presence of:
�
fi�a/!�J'C
As to Fischer
As to Bargas
H RY A. FISCHER (SEAL)
Jo WARGP?� (SEAL)
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MARY P, -,SEAL)
SIOTIS �—'
NAME AND ADDRESS
OF VENTURER
HENRY A. FISHCER
JOHN BARGAS
GEORGE P. TSIOTIS
and MARY P..TSIOTIS,
his wife, as tenants
by the entireties
EXHIBIT A
PERCENTAGE
OF OWNERSHIP
33.38
'rte'
33.38
33.38
INITIAL
CONTRIBUTION
EXHIBIT B
Legal Description of Property:
That part of the Northwest 1/4 of the Northeast 1/4 of Section
13, Township 31 South, Range 38 East, lying South of Fellsmere
Road right-of-way
AND ALSO
The West 1/2 of the Northeast 1/4 of the Northeast 1/4 of
Section 13, Township 31 South, Range 38 East
Said real property lying and being in Indian River County,
Florida
.fECiVEQ APR 1 5 1987
AMENDMENT TO JOINT VENTURE AGREEMENT
This document amends the Joint Venture Agreement made and entered into
on the 17th day of October, 1985, among HENRY A. FISCHER, hereinafter
referred to as FISCHER; JOHN BARGAS, hereinafter referred to as BARGAS,
GEORGE P. TSIOTIS and MARY P. TSIOTIS, his wife, as tenants by the entirety,
hereinafter collectively referred to as TSIOTIS.
The activities and the business of the Joint Venture is known under the
name of SEBASTIAN GENERAL PARTNERSHIP, B. F. T.
The articles shall be amended as follows:
ARTICLE XVI
FIRST AMENDMENT TO JOINT VENTURE
The Venturers herein agree that any and all Joint Venture Real Property
can be sold when a majority of the partners according to thier percentage of
interest agree to such sale.
However, the Venturers cannot sell Joint Venture Property below cost
plus improvements *including advertising, commissions, taxes and insurance
without unanimous consent of the Venturers. Whenever a decision to sell
occurs where the Venturers are not in unanimous agreement,the disenting
Venturer. will have a 60 day first option to puchase at the sale price
evidenced by a bona fide offer.
Whenever this amendment might conflict with any other provision of the
Joint Venture Agreement, this provision shall prevail.
Read, understood and agreed
.,i//a/�a OV%R",,l
of�Ate-..
8ar�,
JO BARGAS
HENRY A. FISCHER
v
'"GEO GE P. ISCtiOTIS, and
MARY P�fOTIS, his wife, as
w�i/ife/,,aas
tenants by the entirety
STATE OF FLORIDA
COUNTY OF }3ROWA217 ---
-I hereby certify that on this day before me, an officer duly qualified
to take acknowledgments, personally appeared JOHN BARGAS, to me known to be
the person described in and who executed the foregoing instrument, and
acknowledged before me that he executed that instrument.
Witness my hand and official seal on the 1761 -day of April, 1987.
-
Notary P�State of Florida
My Commission Expires: Notary Public; State of Florida at Large
My Commission Expires September 16, 1990
Bonded thru Agent's Notary Brokerage
STATE OF FL DA _
COUNTY OF
I hereby certify that on this day before me, an officer duly qualified
to take acknowledgments, personally appeared HENRY A. FISCHER, to me known
to be the person described in and who executed the foregoing instrument, and
acknowledged before me that he executed that instrument.
WitnBs my hand and official seal on the(p day of April, 1987.
N&iary Public, St4e of Florida
My Commission Exp res: Notary Public, 3fale of rlonla
My Commission Expires April 10, 1990
a .d.d MI. her 1.1. -,e,,,:..._, .--
STATE OF FLORIDA
COUNTY OF ep,pi_, ,>' J A
I hereby certify that on this day before me, an officer duly qualified
to take acknowledgments, personally appeared GEORGE P. TSIOTIS, to me known
to be the person described in and who executed the foregoing instrument, and
acknowledged before me that he executed that instrument.
Witness my hand and official seal on the day of April, 1987.
NOTARY PUOLlC STATE OF FLORIDA
Notar Public , State of Florida NYc9NN
My Commission Expires:, BONDED IISION FTp• min 16
' tIL4U GLRENAL INS. U1�9jRO.
'ONO 'SNI 1VN3R39 nUHI O30N09 -
1661'91 SYN 'dX3 NOISSINUOO AN
STATE OF FL RIDA YD18ou do 31FIS 31180d ABYION
COUNTY OF Anh-QUA
I hereby certify that on this day before me, an officer duly qualified
to take acknowledgments, personally appeared MARY P. TSIOTIS, to me known to
be the person described in and who executed the foregoing instrument, and
acknowledged before me that she executed that instrument.
(p1 .�W.i�tnessA my hand andofficialseal on the � day of April, 1987.
1 � I a �' 0_ ��i 1 1� U i� e ilk
Notary Public, State'of Florida _..
My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA th�l
NY COMMISSION EAP. NAR 16.1991 �^
Prepared by: BONDED INNS GENERAL IRS. UND.
Steven Lulich, Esquire
P. O. Box 781390
Sebastian, FL 32978-1390
(305) 589-5500
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CERTIFIED
DEAR PROPERTY OWNER;
The City of Sebastian has received an application, submitted
by the property owner, requesting a Zoning and Land Use
Change for the following described properties:
FROM; IL- LIGHT INDUSTRIAL COUNTY ZONING TO IN INDUSTRIAL
CITY ZONING FOR THE SOUTHERLY 2493.49 FEET AND RM 8 FOR
THE NEXT 268.18 FEET AND RS 10 FOR THE NORTHERLY 145
FEET CHANGING BOTH THE ZONING AND LAND USE.
LEGAL DESCRIPTION AS FOLLOWS; See attached sheet for exact
legal. Property is located just south of Schuman Drive,
north of 99th Street and west of the FEC right of way within
the City of Sebastian. Said property is known as Vickers -
Fischer industrial park.
Since you are the owner's of surrounding property within a
300 foot radius, you are hereby notified that the•Planning
and Zoning Commission will hold a Public Hearing regarding
this matter on Thursday, August 18th, 1988 at 7:00 P.M. in
City Council Chambers, 1225 Main Street, Sebastian, F1.
If you should have any objections we would appreciate your
so advising us, either by mail or at the hearing. All
interested parties may appear at the hearing and be heard
with respect to the proposed application.
CITY OF SEBASTIAN, FLORIDA
O p
tan Krulikowski, Chairman ®.
Planning and Zoning Commission
SK:lk
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 1988
Raymand and Rita Rapp
166 Arden Avenue
Staten Island, NY 10312
TO WHOM IT MAY CONCERN:
THE CITY COUNCI L OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE
1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW CORNER
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND
326 FEET WEST FROM POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T
31 S, RANGE 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS A
PARCEL OF 360 FEET IN WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST
SIDE OF THE FEC RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT
TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
SiMerely
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 1988
New Life Christian Center Inc.
PO Box 746
Wabasso, FL 32970
TO WHOM IT MAY CONCERN:
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE
1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW CORNER
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND
326 FEET WEST FROM POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T
31 S, RANGE 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS A
PARCEL OF 360 FEET IN WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST
SIDE OF THE FEC RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE.HEARD WITH RESPECT
TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 1988
Anthony Sheeran
938 Beach Lane
Sebastian, FL 32958
TO WHOM IT MAY CONCERN:
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE
1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW CORNER
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND
326 FEET WEST FROM POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T
31 S, RANGE 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS A
PARCEL OF 360 FEET IN WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST
SIDE OF THE FEC RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT
TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
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City Clerk
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 1988
William and Helen Peter
PO Box 732
Sebastian, FL 32978
TO WHOM IT MAY CONCERN:
THE CITY COUNCIL OF THE CITY OF SEBASTIAWIMIAft RIVER COTN-TY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE
1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW CORNER
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND
326 FEET WEST FROM POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T
31 S, RANGE 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS A
PARCEL OF 360 FEET IN WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST
SIDE OF THE FEC RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT
TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 1988
First Baptist Church of Sebastian
PO Box 386
Sebastian, FL 32958
TO WHOM IT MAY CONCERN:
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE
1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW CORNER
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND
326 FEET WEST FROM POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T
31 S, RANGE 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS A
PARCEL OF 360 FEET IN WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST
SIDE OF THE FEC RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT
TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
4Sinerely,y �HaI an C erk
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 1988
Cable TV Fund VIII -A
5275 Denver Tech Center
Englewood, CO 80110
TO WHOM IT MAY CONCERN:
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE
1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW CORNER
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND
326 FEET WEST FROM POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T
31 S, RANGE 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS A
PARCEL OF 360 FEET IN WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST
SIDE OF THE FEC RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT
TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 1988
Narcesa Cruz
8330 W. Winnemac Avenue
Norridge, IL 60656
TO WHOM IT MAY CONCERN:
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE
1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW CORNER
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND
326 FEET WEST FROM POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T
31 S, RANGE 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS A
PARCEL OF 360 FEET IN WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST
SIDE OF THE FEC RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT
TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
October 26, 1988
Wilfred & Belina Ong
8330 W.Winnemac Avenue
Norridge, IL 60656
TO WHOM IT MAY CONCERN:
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN AT A SPECIAL MEETING ON WEDNESDAY, NOVEMBER 30,
1988 AT 7:00 P.M., FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS
PROPOSED ORDINANCE NO. 0-88-30 AMENDING THE COMPREHENSIVE LAND USE
PLAN FROM COUNTY IL TO CITY IN (INDUSTRIAL), AND A FIRST READING OF
ORDINANCE NO. 0-88-31 REZONING FROM COUNTY MXD TO CITY IN (INDUSTRIAL)
WITHIN THE AREA SHOWN IN THE MAP ATTACHED AND AS DESCRIBED BELOW:
APPROXIMATELY 4.53 ACRES MORE OR LESS LOCATED IN THE NW 1/4 OF THE NE
1/4 OF S 20, T 31 S, R 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY
DESCRIBED AS; A TRIANGULAR PORTION OF LAND STARTING AT THE NW CORNER
OF VICKERS RIGHT-OF-WAY AND THE FEC RAILROAD BEING THE POINT OF
BEGINNING, THENCE NORTH 1427 FEET ALONG THE WEST LINE OF RAILROAD AND
326 FEET WEST FROM POINT OF BEGINNING ALONG VICKERS R.O.W. ALSO THE
PROPERTY DESCRIBED AS: 30 ACRES MORE OR LESS IN THE W 1/2 OF S 17, T
31 S, RANGE 39 E, SEBASTIAN, FLORIDA, MORE PARTICULARLY DESCRIBED AS A
PARCEL OF 360 FEET IN WIDTH, (EAST TO WEST) PARALLEL ALONG THE WEST
SIDE OF THE FEC RAILROAD A DISTANCE SOUTH FROM CONCORD AVENUE FOR
APPROXIMATELY 3300 FEET.
COPIES OF THE PROPOSED ORDINANCE AND THE CITY'S LAND USE MAP IS
AVAILABLE FOR REVIEW FROM THE OFFICE OF THE CITY CLERK. ALL
INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT
TO THE PROPOSED ORDINANCE. ANY PERSON WHO DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
Wa
erely,
A'C1 4a
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City of Sebastian
POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
June 7, 1989
Dear Property Owner:
The City Council of the City of Sebastian, Florida, will hold a
Public Hearing concerning the adoption of an Ordinance with the
title as shown below on Wednesday, July 12, 1989, at 7:00
P.M., in the City Council Chambers, 1225 Main Street, Sebastian,
Florida. At the conclusion of this Public Hearing or at a
subsequent meeting, the Council may enact this ordinance into
law. Interested parties may inspect the proposed ordinance in
the Office of the City Clerk at City Hall, and may appear at the
hearing and be heard with respect to the proposed ordinance.
Attached is a map of the subject property.
NOTICE OF REZONING
ORDINANCE NO. 0-88-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY
IN THE THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35
ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA
EAST COAST RAILWAY RIGHT-OF-WAY; FROM COUNTY ZONING
DISTRICTS MXD TO CITY ZONING DISTRICT IN (INDUSTRIAL);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Anyone who may wish to appeal any decision which may be made at
this hearing will need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal will be based. (286.0105 F.S.)
CITY OF SEBASTIAN, FLORIDA
by: Kathryn M. O'Halloran
City Clerk
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