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Home My WebLink AboutO-24-03 Warrior RecyclingORMANCE NO.O-24-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF HI (HEAVY INDUSTRIAL) FROM THE CURRENT ZONING DESIGNATION OF IN (INDUSTRIAL), FOR LAND CONSISTING OF 5.13 ACRES, MORE OR LESS, KNOWN AS WARRIOR RECYCLING; LOCATED NORTH OF THE CITY OF SEBASTIAN'S AIRPORT, SOUTH AND WEST OF CRAIL WAREHOUSE, AND EAST OF RESIDENTIAL DEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILPTY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Owner Shannon Cook owns certain real property (approximately 5.13 acres) located at: north of the City of Sebastian Airport, south and west of Crail warehouse, and east of residential development; and WHEREAS, the current zoning classification on the property is IN (Industrial); and WHEREAS, Owner has filed a petition for amendment to the Zoning Ordinance in order to change the current zoning classification on the property to M (Heavy Industrial); 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 rezoning is compatible with the adjacent area. B. The proposed rezoning is consistent with the goals, objectives and other elements of the Comprehensive Plan. C. The proposed rezoning 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 rezoning and will not exceed the capacity for such services and facilities. E. The proposed change in zoning will not result in any adverse impacts on the natural environment. F. The proposed change in zoning 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 change in zoning will result in an orderly and local development pattern. H. The proposed change in zoning is not in conflict with the public interest of the citizens of the City of Sebastian. NOW THEREFORE, BE TT 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 Deed SECTION 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a City zoning designation of HI (Heavy Industrial). 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 HI (Heavy Industrial 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 after 2d reading. SECTION 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 14t' day of February, 2024 and adopted on second/final reading at a regular meeting of the City Council on the 28`h day of February, 2024. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 14'h day of February, 2024, by Councilmember McParUan The motion was seconded by Councilmember Nunn and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan ADOPTION _aye aye aye aye aye ATTEST: J t ^ ette WilliaPmrn s, MMC City Clerk The foregoing Ordinance was moved for adoption by Council Member McPartlan . The motion was seconded by Council Member Nunn and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye _ Vice Mayor Kelly Dixon aye Council Member Fred Jones aye Council Member Christopher Nunn aye Council Member Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of February 2024. ATTEST: ette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: (-' Ed Dodd Approved as to form and legality for Reliance by the City of Sebastian o.-Jy: = _ Jennifer Cockcro , a , City Attorney _, 3120200055127 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BIG 3339 PG: 389, 9117/20201:44 PM D DOCTAX PD $0.70 1+exhibit A ,1is DacuW Pnpared By and Return to: Tracy ceolt 14321i D.B. Highway 1 8ebastiaa, Florida 32959 fired M Naeber. Quitclaim Deed This QRlteWM Deed, Made this 11 t4'\ day of SEptz/neA' , 2020 AD.. Between Red Warrior Holding Corp., a Florida Corporation of ee Coady of Indian River , Stec of Florida , grantor, sod Warrior scrap Metals Iac., a Florida Corporation wbase .edewr is: -7 7 Q s+ M® '' 3 2 Cl 5 B $ebgsiiom of iho Camry of Indian River , seem of Florida , grantee, wjtne"et11 the the GRANTOR, for and in oonddorefian of the arms of ----------------------------TEN DOLLARS($10)--------------------------- DOUARS, end abler good ad valuable consideraem to GRANTOR in hand paid by GRAMM me reocpt whaeuf is hereby admovidged, hoe gonoxi, bngsnmd sod quadamed to the said GRANTEE ad GRANTEES hobs, eewoeraas sad aaign fbe the f liming draarbed lud, swaW lying end being in the County of Indian River Sato of Florida to wit: Sea Exhibit "A" To Have and to Hold the acme together with aU and singole me sppueteeaces memento belonging or in anywise appert®iog ad sU am eete, sight, hk iuWw4 hm, equity cad eta® wheaoeva of Vanier. ehber so law or equity, for ibe we, benefit end potty of den aid Simon farom In wlta er>eof, the Venter ho hemmb set Signed, a d delivered in our preneuee: M.Placry9gkl had end Seel tbs day end year tnn above wrYem. Rod Warrior ding Corp. �- Tracy A. Co resident (Seal) BK: 3339 PG: 390 EXHIBIT "A" Lot 17 In Section 30, all according to Berry's Subdivision of the Carter Survey of the Fleming Grant, Township 30 South, Range 38 East, according to the Plat thereof, as recorded In Plat Book 2, page 14, Public Records of St. Lude County, Florida, LESS AND EXCEPT the West 20 feet thereof as reserved in Deed Book 4, page 353 for private and public roadways; AND LESS AND EXCEPT right-of-way for Gibson Street as recorded in Deed Book 4, page 353 and additional right-of-way as recorded in Plat Book 14, page 37, Public Records of Indian River County, Florida; said lands now lying and being In Indian River County, Florida. CROF SEBLASTU_M 04 HOME OF PELICAN ISLAND Map is not to scale - for illustrative purposes only; not to be construed as binding or as a survey. IL K��Q 130 Rose - ,4 \ (COUNTY) N rl9r \` yam\ Zoning Map Subject Property: Warrior Recycling 7701130th Street, Sebastian, FL 32958 Current Zoning Classification: Proposed Zoning Classification: IN - Industrial HI - Heavy Industrial