HomeMy WebLinkAboutO-21-20 Rezoning Fischer 99th St.ORDINANCE NO.0-21-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF IN — INDUSTRIAL. WITH CURRENT ZONING
DESIGNATIONS OF IL — LIGHT INDUSTRIAL FOR LAND CONSISTING OF IA7
ACRES, MORE OR LESS, KNOWN AS FISCHER 99" STREET PROPERTY; LOCATED
SOUTH OF VICKERS GROVE MINE, WEST OF THE FEC RAILROAD, SURROUNDED
BY COMMERCIAL AND INDUSTRIAL LAND USES; 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"Property Warranty and Survey
Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a City
zoning designation of Industrial (IN).
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 Industrial (IN) 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 prevision, 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 0-21-19.
Section S. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting
of the City Council on the I Sth day of December, 2021 and adopted on second/fmal reading at a regular meeting
of the City Council on the 0 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 Nutm . The motion was seconded by Councihnember
Jones 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:
ity anette William, MMC
Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member MCPartlan . The motion was
seconded by Council Member Jones 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 MCPanlan
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this
9th day of
February ,2022.
ATTEST:
anette Williams, MMC
City Clerk
CITY OF SEBAS ORIDA
By:
Jim Hill ayor
Approved as to form and legality for
Reliance by the City of SebasC only:
ZflkfeQ -Ada
y r., ity o ey
Aess.1p SU
w Corporate Warranty Deed
69C)'I'hle Indenture, made this 20 th day of December
A.D. 2000 Between
Atha a Swiger Real Estate, Inc.
1329 US Highway 1
Sebastian, FL 32958
C whose past office address u:
15!
a Corporation Floridaunder the laws of the
en gale of orld.Grantor and
35 Henry Anthony Fischer
10725 US Highway I
C Sebastian, FL 32958
whoa post office address is:
Grantee.
EXHIBIT A
IN THE RECORea Or
JErrnEy It. 8ARTOM
CLERK CIRCUIT COURT
INDIAN RIVER CO.. I".
DEEDS yo.oc
NOTE
JEFFREY N, SARTON, CLM
NW" INYfA GMTY
E"2 Witnt th, that the said Grantor, for and in consideration of the sum of ( Tan a NO/100 I
t7 Dollars, to it in hand paid by We said Grantee, We receipt whereof is hereby acknowledged. has granted. bargained and
t=` sold to the said Grantee forever. We following described land, situate, lying and being In the County of
LO Indian River , State of Florida. to wit:
NSae Schedule A attached hereto and by this reference made a part
hereof.
SUBJECT TO covenants, restrictions, easements of record and taxes for
the current year.
Subject to covenants, restrictione and sasesrtents of record. Subject
also to taxes for 2000 and subsequent years.
Parcel Identification Numbers 20-31-39-00000-3000-00001/1
And the said Grantor does hereby fully warrant the tide to said land, and will defend We same against the lawful
claims of all persons whonaoever.
In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly
authorised officer and caused its corporate seal to he affixed the day and year first above written.
Signed onsliseaJed/in Our Presenre: By:
C61
n
State of Florida
County of Indian River
Atha A Swiger Real Rotate
Rhotls 9wifrer,'�
Its preeident
(Corpora. Seal)
The furegoing instument was acg0o lcdgud before me this 20th day of December
Atha 4 Swlger 1 Ffhc<iil , i.yS, Ar.-Y
Of Atha 4 Hwiger Real Betake, no.
Inc.
J
r
a�
Cal
00
2000 ,byCA
corporation exioing under the laws of the Sta. of Florida on behalf of We corporation.
He/She is personally known to ran or has produced pare ... lly known o me az identification.
PREPARRECORDED RE Michelle Mu— In fJotary Public
RECORD L ABTURH TO, RVm haac
doldi 4 Pa011ner
trrpaaayco�a,a,,..,a
Piret American Title Insurance Co .
cwn.t
File Sebastian, Florida 32958
Pit ?..:: AlWa taaaY G.. he
a Nor H00578-'� /r,'1:
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 Rest, Indian River County, Florida.
LEES AND EXCEPT therefrom 12 feet on the North side and 12 feet
on the Nest aide 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 1e 555.2 feet due
South of the Northeast corner of the Northwest Quarter (NN1/4)
of Section 20, Township 31 South, Range 39 East, and running
South 100 feet, thence Neat 660 feet, thence North 100 feet,
thence East 660 feet to the point of beginning.
File No, S00578
T
HOME Of PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: February 9, 2022
Aaenda Item Title: Ordinance 0-21-20 — Second Reading - Request for Rezoning —
Fischer's 99" Street Property
Recommendation: Approve Ordinance 0-21-20 on second reading
Background: On December 15`s 2021, Council held the First Reading of Ordinance
0-21.20. 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 99ih 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 zoning in the County is IL -Light Industrial.
Application has been made to rezone the property to IN -Industrial to be compatible with the City of
Sebastian future land use designation, simultaneously with the annexation of property. 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.
If Aaenda Item Reauires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-21-20
2. Rezone Staff Report, Application and supporting documents
Administrative Services Depart a eview:
City Attorney Review: _
Procurement Division Rev' ap rcable n//If
City Manager Authorization:
Date: .� /? y _ !�