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Home My WebLink AboutO-21-19 FLUM 99th St. FischerORDINANCE NO.O-21-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF IN - INDUSTRIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF C/I—COMMERCIAL /INDUSTRIAL, FOR LAND CONSISTING OF IA7 ACRES, MORE OR LESS, KNOWN AS FISCHER 99m STREET PROPERTY, LOCATED SOUTH OF VICKERS GROVE MINE, WEST OF THE FEC RAILROAD, SURROUNDED BY COMMERCIAL AND INDUSTRIAL. LAND USES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing on November 4, 2021 of the Planning and Zoning Commission, silting as the Local Planning Agency, a favorable recommendation was made for the adoption of the requested change to the Future Land Use map and the change was found to be consistent with the Comprehensive Plan. WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map, are consistent with the existing future development goals of the City of Sebastian; encourages the most appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map (FLUM) adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A"Property Warranty and Survey Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Industrial (IN) in accordance with the requirements of Florida law. See attached Exhibit "B"Future Land Use Map Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at fast reading, and proceed herewith in accordance with the provisions of Fla. Sint. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinanm in conflict herewith are hereby repealed Section 5. SEVERABILM. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall finther be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Economic Opportunity or other final action fording the amendment herein in compliance. Section 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 15th day of December, 2021 and adopted on second/final reading at a regular meeting of the City Council on the 9ih day of February, 2022. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 15`h day of December, 2021 by Councilmember .zones The motion was seconded by Councilmember MCPartlan and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Aye Vice Mayor Fred Jones Aye Councilmember Ed Dodd Aye Councilmember Christopher Nunn Ave Councilmember Bob McPartlan Aye ATTEST: ette Wt I� MMC ty Cle k ADOPTION The foregoing Ordinance was moved for adoption by Council Member Dodd . The motion was seconded by Council Member Nunn and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Fred Jones aye Council Member Ed Dodd aye Council Member Christopher Nunn aye Council Member Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of February ,2022. CITY OF SEBAS , FLORIDA By: Ji ay r ATTEST: �N(.Ce.yV7A_ Approved as to form and legality for J ette Williams, MMC Reliance by a Cit S bassi nly: ty Clerk o , Jr., City omey This ordinance is effective the day of , 2022, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities. cs}s�fl iyo . voCorporate Warranty Deed .„ ilb..? /.(IQILLT Indenture, nitle this 20th dayof December A.D. 2000 Between Atha & Swiger Real Estate, Inc. 1329 US Highvay l Sebastian, FL 32958 0 whom past office address is: �]I a corporation existing under the laws of the State of Florida . Grams and Henry Anthony Fischer 10725 US Highway 1 Sebastian, FL 32958 whom post Office aridness is: Grantee. EXHIBIT A IN THE RECORDS OF JEFFREY N. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.. I". DOI:UM:1119M APS DEE9$ Iq0•Ck!t� NOTE $ JEFFREY K. SAR M, OLD% w"I&RIERO YNTY Wltnesseth, that the said Grantor, for and in consideration of the sum of ( Ten & NO/100 ) Dollars. to it in hand paid by the said Grantee, the scoeipt whereof is hereby acknowledged, has granted. bargained and sold to the said Unions, forever, the following described land, situate. lying and being In the County of Indian River . State of Florida, to wit: See Schedule A attached hereto end by this reference made a part hereof. SUBJECT TO covenants, restrictions, eaneatents of record and taxes for the current year. Subject to covenants, restrictions and easements of record. Subject also to taxes for 2000 and subsequent yearn. Parcel Identification Nssmberr, 20-31-39-00000-3000-00001/1 And the said Grantor data hereby fully warrant the title to said land. end willdefend the same against the lawful claims of all perms, whmnsnever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorised officer and caused its corpnrale seal to be affixed the day and year first above written. *Signed4ea eddin Our Presence: By: Start of Florida Co.." of Indian River Atha & Steiger Real Estate, Inc. Rho, a i` �r, , Its president (Corporate Seal) The foregoing instrument was m^%ledged before me this 20th day of December Athn 4 Bwi9er h<rlic=+t..,s;�,'lc�Ar•�Y of Atha & Swiger Real Estate, W O 2000 ,,yen a corporation existing under the laws of the State of Plorida , on behalf of the corporation. fie/She is personally known to me or has produced P.... 11 known o me ss identification. PREPARED Michelle Htatoolo Notary Public R C , RCORD nt RETURN TO; n.N Nsma_ ilaldl 4 TtitdblEf PiEret American Title IneurmPe ce Co cUS Highway 1 map'rommnw.n e.r.m wn�, 99 DDIDg ' w < sa,U aw Sebastian, Florida 32958 'f•Y File Nor B00578. A'f:,: cv,..2PJ.„ L,,5L Schedule A East 275 feet of the North 233 feet of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 20, Township 31 South, Range 39 East, Indian River County, Florida. LESS AND EXCEPT therefrom 12 feet on the North aide and 12 feet on the Nest side reserved for public road, LESS AND EXCEPT therefrom the following described property. All that certain parcel or tract of land in Indian River County, Florida, beginning at a point which in 555.2 feet due South of the Northeast corner of the Northwest Quarter (NW1/9) of Section 20. Township 31 South, Range 39 East, and running South 100 feet, thence West 660 feet, thence North 100 feet, thence East 660 feet to the point of beginning. File No, 000578 ran SEBASTIAN HOME OF PEUCAN ISMI) CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: February 9, 2022 Aaenda Item Title: Ordinance 0-21-19 — Second Reading and Public Hearing - Request for Comprehensive Plan Future Land Use Map Amendment — Fischer's 99u' Street Property Recommendation: Approve Ordinance 0-21-19 on second reading and adopt FLUM amendment Background: On December 15' 2021, Council held the First Reading of Ordinance 0-21.19. The subject property consists of 1.47 acres, more or less, located south of Vickers Grove Mine, west of the FEC railroad and north of W Street. The property is surrounded by active industrial uses and is currently used as part of the mining/industrial operation for storage and parking. The subject property is currently located within an enclave of unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure. Current land use in the County is C/I- Commercial/Industrial. Application has been made to amend the land use to be compatible with the City of Sebastian Comprehensive Plan 2040 long range plans simultaneously with the annexation of property. The properties land use amendment proposes City IN -Industrial. The applicant does not have a proposed site development plan for the property however, with the closing of the mining operation and land use change to mixed -use; the 1.47 acre property has been proposed to be added to future development of the Vickers Grove property. Following first reading, the proposed Comprehensive Plan amendment was transmitted to the Florida Department of Economic Opportunity (DEO) on December 16, 2021. The DEG reviewed the proposed amendment and have rendered no comment. The City received three (3) stakeholder responses with no comments or no adverse impacts. Should City Council adopt the Amendment, the City of Sebastian shall transmit within ten (10) working days, the adopted amendment to the DEC, which will become effective 31 days after the Department notifies the City that the amendment package is complete or, if challenged, until it's found to be in compliance. If Aaenda Item Requires Expenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: 1. Ordinance 0-21-19