HomeMy WebLinkAboutO-21-22 Rezoning US HWY 1 FischerORDINANCE NO.O-21-22
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF CG— COMMERCIAL GENERAL WITH CURRENT
ZONING DESIGNATIONS OF CL — COMMERCIAL LIMITED 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; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABI.ITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer has filed a petition for amendment to the Zoning Ordinance; and
WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public
hearing to receive citizen input; and
WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in
the Land Development Code together with the recommended findings and recommendations of its staff and
Planning and Zoning Commission; and
WHEREAS, the City Council has made the following findings:
A. The proposed use is compatible with adjacent land uses.
B. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use
Plan.
C. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of
Ordinances, particularly the Land Development Code.
D. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use
will not exceed the capacity for such services and facilities.
E. The proposed change in use will not result in any adverse impacts on the natural environment.
F. The proposed use will not adversely affect the property values in the area, or the general health, safety and
welfare of the City or have an adverse impact on the financial resources of the City.
G. The proposed use will result in an orderly and local development pattern.
H. The proposed use is not in conflict with the public interest of the citizens of 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. PROPERTY. The change in zoning classification created by the adoption of 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" Properly Warranty and Survey
Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a City
zoning designation of Commercial General (CG).
Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property
described in the attached Exhibit "A" and reflect its designated zoning district as Commercial General (CG) in
accordance with the requirements of Florida law.
See attached Exhibit "B"Zoning Map
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall 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 of the City of Sebastian did not intend to enact such invalid or unconstitutional
provisions. 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 7. EFFECTIVE DATE. This Ordinance shall take effect 31 days after its adoption in concurrence
with Ordinance 0-21-21.
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 15i° day of December, 2021, by
Councilmember Dodd . 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
Council Member Ed Dodd
Aye
Council Member Christopher Nunn
Aye
Council Member Bob McPartlan
Aye
ATTEST:
�ette Wn illiam, MM_ -
City Clerk -
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member Dodd . The motion was
seconded by Council Member MCPartlan 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
Fel ru , 2022.
ATTEST:
AiG� W
61nette Williams, MMC
City Clerk
CITY OF SBBAS , FLORIDA
By:
J' ill, Mayor
Approved as to form and legality for
Reliance by the City of S stun ly:
M y Anon n, City mey
IYVUU11 RECORDED IN THE RECORDS OF JEWWREY K 334,RTON, CLERK CIRCUIT COURT IN03Uda
RIVER CO FL, BK: 2347 PH: 200, 06/11/2009 02:05 PN DOC STAMPS D $0.70
EXHIBIT A
Rce. Fee S10.00 2 q
Doc. Stpe. SO.70 •7
Prepared by and Hudson to:
Fischer Family Partnership, LLC
PO Box 790068
Sebmlim, FL 32978-0068
Tux ID a 31.39-17-0D000-3000-DDO14.0
THIS WARRANTY DEED made th- i1 _day of June QV by
Scbedim General Partnership, B.F.T., a Florida General Partnership
beseinaser stied she Enamor, to
Fischer Family Parmeuhip, LLC, a Florida Limited Liability Company
whoa, address is: PO Box T80068, Sebes ors, FL 32979-0069
hereinafter celled the grantee:
WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable
comidcrethms, muslin whereof is hereby acknowledged. hereby gents, harpies, sells, It., mmisn. M.,
conveys and conHmv unto the Brenta all that certain land there in Indian River County, State of Florida, via:
Beginning at the Northeast caner ofthet pad ofthe South iR ofthe Southeast 114 ofthe NoMwmt 1/4, lying
East ofthe righW-way of Florida East Coast Railway, and West ofthe public aced, in Section 17, Township 31
South. Range 39 East, said point of beginoing being also the intersection of the Netts line of gas following
described not with the Southwesterly rightaf-wry line of U.S. Highway No, 1; from said point of beginning ern
rd thence West (South 89e 29' Weft) along the North line of mid tract for a distance of 806.9 feet to an Iron pipe on
the Nordimoterly rightof--way line of the Florida Eat Costs Railway, thence run Southeasterly along the
Northeasterly line of mid right-of-way for a distance of 359.48 feet to an iron pipe; thence East (North 89- 28'
East) for a distance of 836.8 feel to an iron pipe on the Sauthwesserly right-of-way line of U.S. Highway No. I,
thence min Northwesterly along the said right-of-way line for a distance of 372 The to an Iran pipe and the point
ry ofbeginning.
7 Subject property Is not nor don it adjoin the homestead property of the gnvor herein.
_ — No comlderaHee wet paid for this traotattiom.
G
2 s TOGETHER, with all the tenement,, herrditemens and mp,memncee Nwero belonging or in anywiec
�y ?' appertaining.
TO HAVEAND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with mid grantee that the 1pamor is lawfully sired of mid lend in fee
simple; that the grantor has good right and lawful authority Wall anal convey said land, and hereby warrants the
title to mid lend and will defend the sane against the lawful claims of all partners; whomsoever; and that mid land
is free of ell erNumbmnoes, seeps macs accruing subsequent no December 31, 2W6.
IN WITNESS WHEREOF, the said gro nor has signed and reeled them presents the day and year Hot above
written.
Signed, staled and delivered in the presence of.
SEBASTLIN PARTNERSHIP, B.F.T.
s:c
a Floddq ¢ship
v imam
Henri' rmhn,Omesd Partaer
r17,n1—
t //wn osve 1 iota�m�•s,/fT'•
2 i(nesv v
G.W,Add.;
sav �• J`0&;My
PO Box 790068
SebedimhFL32978-0068
PrintedSignature of P" Witness
STATE OF PLORIDA COUNTY OF INDIAN RIVER
The foregoing Instrument was scanowledged before me on this den, by Henry A. Fieclum, OmeN Parma of Sehudm
Gemml pore .cild , B.F.T., a morl" Gannet Partnership, who Is immunity known to me or who has produced:
m Idm[Olmdon.
WITNESS my hand and official met In the Ssneesal County hot afamadd this_Q&Ny of �rn4.
�T�y��
Nomrys' Prinled Name NosryPubi' ,
tN Com 14y0FIg n�j_b�
Mowry - • Camne Ma aD0518208
r m„na eNiay..t..2010
err
2021 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT
DOCUMENT# L04000042016
Entity Name: FISCHER FAMILY PARTNERSHIP, LLC
Current Principal Place of Business:
10753 US HWY. #t
SEBASTIAN, FL 32958
Current Mailing 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 HWY.#1
SEBASTIAN, FL 32958 US
FILED
Feb 25, 2021
Secretary of State
00709406SOCC
Certificate of Status Desired: No
The above named vably sobmds this elelemenl fie the F Ss etchmpEp at mgl a eor reglet egemA, 'EON, In we Stele of Fkaba.
SIGNATURE: HENRY ANTHONY FISCHER q,C{/� 02125/2021
ElWminc Signature of Regis lereg ABenl Date
Authorized Person(s) Detail
Title
MGRM
Name
FISCHER HENRY ANTHONY
Md.
10753 U.S HIGHWAY 1
ClyState-Zip:
SEBASTIAN FL 32958
i Ix,eEv wrr w i m„ mwnm..� ,wup m aw meo+ w .gwmemm rroai h ow wa.�w um ma.v .xnmmc .gnnim,:now nave mo m�,x xe.�.nwl os y mwo ww,
wm: uwl�.m o m...Wsm.�x... o.�wrpwdmelmxroaroey m,+wmwrno.w.r+wa wm. w�,mmero..owo Iwwawl..xw.ner s*.o�e, eos, raw s.w.s.m
um mr.wre em.w..00w. ,. w � „�, enaw.,xm xa, r vex. aw w��ra,we.
SIGNATURE: HENRY ANTHONY FISCHER 02/25/2021
Eleolmmc Slgnalule of Signing Authorized Poreon(a) Detail Dale
an v
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: February 9, 2022
Aaenda Item Title: Ordinance 0-21-22 — Second Reading - Request for Rezoning —
Fischer's US Hwy 1 Property
Recommendation: Approve Ordinance 0-21-22 on second reading
Backaround: On December 15" 2021, Council held the First Reading of Ordinance
0-21.22. 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 zoning in the County is CL-Commercial
Limited. Application has been made to rezone the property to be compatible with the City of
Sebastian zoning map and long range plans simultaneously with the annexation of property. The
properties rezoning amendment request is for a CG- Commercial General. 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.
If Aaenda Item Reauires Exoenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-21-22
2. Rezone Application and supporting documents
Administrative Services Depart an
/ I
City Attorney Review: 0
Procurement Division Rev�dw able: OV//7
City Manager Authorization:
Date: l ? /ae2 !//�