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Home My WebLink AboutO-21-21 FLUM US HWY 1 FischerORDINANCE NO.O-21-21 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 GC — GENERAL COMMERCIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF C/I — COMMERCIALA NDUSTRIAL, FOR LAND CONSISTING OF 6.17 ACRES, MORE OR LESS, KNOWN AS FISCHER US HWY 1 PROPERTY, LOCATED SOUTH OF COMMERCIAL USES, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND RESIDENTIAL MULTI -FAMILY, AND NORTH OF VACANT LAND; 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, sitting 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 General Commercial (GC) 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. Slat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERAEILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. 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 connected 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 finding 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 9" day of February, 2022. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 15' day of December, 2021 by Councilmember Nunn The motion was seconded by Councilmember Dodd 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 dye Councilmember Bob McParllan Aye ATTEST: 4rim J ette wd lams, MMC Clerk ADOPTION The foregoing Ordinance was moved for adoption by Council Member Nunn . The motion was seconded by Council Member NcPartlan 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. ATTEST: �lA.vl.ei� C,IJ�QQt,q,,md anette Williams, MMC City Clerk CITY OF SEBAS , FLORIDA By: ill, Mayor Approved as to form and legality for Reliance by the City leb stia"n1 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. IYYBBll RECORDED IN THE RECORDS OF MFFREY K BARYON, CLERK CIRCUIT COURT I,i RIVER CO FL, BK: 2347 PG: 200, 06/11/2009 02:05 PH DOC BTAHPB D $0.70 EXHIBIT A Roc. Fa gI0.00 ? pF q Doc. sq.. 6D.70 ...7 Prepared by and Return to: Fischer Family Partnership, LLC PO Bo. 790069 Sebatiea, FL 32979-0068 Tex ID 031-39-17-00000-3000-00014.0 (j THIS WARRANTY DEED made the 0 dayof U//(1P by Sebastian Gmerel Partnership, BF.T, a Florida General Partnership hereinafter called she Brenner, to Fischer Family Parmership, LLC, a Florida Limited Liability Company whore address is: PO Box 780068, Sebastian, FL 329784068 hereinafter called the grantee: WITNESSETH: That the grantor, for and In consideration of the cam of $10.00 and other valuable considerations, meseipt wb.f is hereby seknawlecf d, hereby grans, bargains, sells, all=, remises, releases, conveys end confutes unto the grantee all that certain Isnd situate In Indian River County. Sute of Florids,sale Beginning at the Northeast comer of that pad of the South 12 ofthe Southeast 1/4 ofthe Nonhwess 114, lying East of the dghtobway of Florida East Coast Railway, and West of the public road, in Section 17, Township 31 South. Range 39 East, said point of beginning being also the Intersection of the North line of the following described tract wish the Smahwesmrly rightof--wry lbw of U.S. Highwy No. I; from said pointof beginning rim cS thence West (South 89' 28' Wass) along the North line of said ucam fore dletarce of 806.9 feet w m imm pipe on as the Northeasterly rightof--way line of the Florida East Cad Runway, thence ran Soulhmsterly along the Northeasterly line of said right-of-way fur a dim. of 359.49 feet to an imn pips; thence Beat (North 89e 28' East) for a distance of 836.9 feet to an boo pipe on the Southwesterly right-of-way line of U.S. Highway No, I. thence run Northwesterly along the said rightof-way line for a distance of 372 fees to an iron pipe end the point sy ofbeginning. Subject property Is not nor does It adjoin she homanead property of the grantor hassle. S _ No consideration was path for this ttuuetlon. tE 2 p: TOGETHER, with all the tenements, hereditamenn and appurtenances thertm belonging or in eaywfu appertaining. TO HAY AND TO HOLD, the same in fan simple forever. AND the grantor hereby covenants with said Immune that the greater is lawfully saired of aid land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants she title lu said lead and will defend the same against the lawful claims of all For. whomsoever; and that said land is free of all encumbrances, campt tares seaming Subsequent to December 31, 2006. IN WITNESS WHEREOF, the said greater has signed and salad these presenb the day and yam first above written, Signed, scaled and delivered in the presence of. res ��UlR�7�/i� In Wiosd c [zan s,i 2 uness 'qHN A- P�7taey Prime Signature of2m Witness SEBAS'f1AN PARTNERSHIP, B.F.T.. a Plodda N anM1ip He Iahen General Partner Gnantor, Address: PO Be. 780068 S.Inunine, FL 32978-0068 STATE OF FLORIDA COUNTY OF INDIAN Ill The foregoing instrument was scYaowtedged before me on this dam, by Henry A. Flacher, Gened Prom of Sebastian Geneml partnership, B.F.T., a Florida General Partnership, who is personally known to me or who her maduedd: s Mwdfiation WITNESS my hand and oRciel sal In the State aM Canty last mno"14 this err day of ( . Qan� T G -ava- j_t. Nobry s Prin Nmary to MY Cam g �o Moray ' �Com.aM�aimt DO TR260 rr4w.. fLMf�ms 2021 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT DOCUMENT# L04000042016 Entity Name: FISCHER FAMILY PARTNERSHIP, LLC Current Principal Place of Business: 10753 US HWY. Wi SEBASTIAN, FL 32958 Current Melling Address: 10753 US HWY,#1 SEBASTIAN, FL 32958 US FEI Number: 20-1463281 Name and Address of Current Registered Agent FISCHER, HENRY ANTHONY 10753 US HWYA1 SEBASTIAN, FL 32958 US FILED Feb 25, 2021 Secretary of State 00709406SOCC Certificate of Status Desired: No The abeva lwmedandlysubmo We elelemenf lw the pwpose WcheMlop ita replal d BM reels da9enl, rbath, In lM State of Fbtltle. SIGNATURE: HENRY ANTHONY FISCHER /7� / ,�H� 02/25/2021 Eledronm Signature of Regis teretl Agenl Date Authorized Personls) Detail Title MGRM Name FISCHER. HENRY ANTHONY Address 10753 U.S. HIGHWAY 1 City-Staledip: SEBASTIAN FL 32958 IwoeMr mel mol -oW, .Iedm ON o„uypWmmml"wh ew.M moor,. enamor my tux Ne a'.. anal n. m.[Pure 0".. oa a ... . wM:fholI om o IMnep'rip menea,,,, mNoao.Wmo Nml.dsen, N oony wmu ro[bNW ar Men. amDare.Mb.,u[ule 111a Yloa W..d Is Gneelo,Ma, fki BY.M.. end Il,ol my nemn epp..rs .mw.., a, un eluwmnl wvn enW,.. n..nww.red. SIGNATURE: HENRY ANTHONY FISCHER 02/25/2021 Eleotlonic Signature of Signing Authorized Person(s) Detail Date lM1 Ll SEBASTLA HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: February 9, 2022 Aaenda Item Title: Ordinance 0-21-21 — Second Reading and Public Hearing - Request for Comprehensive Plan Future Land Use Map Amendment — Fischer's US HWY I Property Recommendation: Approve Ordinance 0-21-21 on second reading and adopt FLUM amendment Backaround: On December 15a 2021, Council held the First Reading of Ordinance 0-21.21. The subject property consists of 6.17 acres, more or less, located south of Schumann Drive and Sebastian Highlands Unit 7, west of US HWY 1, north of vacant property and east of the FEC RR. The property is currently vacant. The subject property is located within 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/1- CommerciaUlndustrial. 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 request is for a CG-General Commercial designation. The applicant does not have a proposed site development plan for the property however any development proposed would be substantially similar to development within the County, should it not be annexed into the City, and would be under the guidance of the City land development regulations. Following first reading, the proposed Comprehensive Plan amendment was transmitted to the Florida Department of Economic Opportunity (DEO) on December 16, 2021. The DEO 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 0-21-21