Sebastian City Council Ordinances O-26-28 and O-26-29: Heavy Industrial Land Use and Rezoning on 130th Street on November 18

The Sebastian City Council will hold second reading public hearings on Wednesday, November 18, 2026, on two ordinances for about 1.93 acres at 7615 and 7635 130th Street. Ordinance O-26-28 would change the future land use of the site from the Indian River County Low Density Residential-2 (L-2) category to the City's Heavy Industrial category. Ordinance O-26-29 would rezone the same land from the County's Rose-4 district to the City's Industrial district. The applicant is James R. Maxwell. City staff recommend approval. No final decision has been made.

When and Where

The meeting starts at 5:01 p.m. on Wednesday, November 18, 2026. It will be held in the City Council Chambers at 1225 Main Street, Sebastian, Florida. The two ordinances are items 15.B and 15.C under Public Hearings. The agenda lists Ordinance O-26-28 as a legislative item and Ordinance O-26-29 as a quasi-judicial item.

The agenda also lists a Zoom webinar for the meeting, with Webinar ID 859 3243 8640.

The Property

The ordinances describe the land as about 1.93 acres south of Industrial Circle, east of 129th Street, north of 129th Street and west of 130th Street. The staff analysis gives the address as 7615 and 7635 130th Street. Staff reports say the land was recently annexed into the City of Sebastian. The rezoning analysis states that the property was originally platted in 1913. It also states that the property currently contains a trailer and limited existing activity.

The staff analysis lists the land around the site as follows.

• North: Industrial zoning, used as an industrial park, with a Heavy Industrial future land use.

• East: Conservation zoning, vacant, with a Conservation future land use.

• South: Conservation zoning, vacant, with a Conservation future land use.

• West: County Rose-4 zoning, used for single family homes, with a County L-2 future land use.

Ordinance O-26-28: Future Land Use Change

Ordinance O-26-28 is a small scale amendment to the City's Future Land Use Map. It would designate the property as Heavy Industrial. The staff report says the change would be consistent with the surrounding industrial land uses and the established development pattern.

The staff analysis quotes Comprehensive Plan Policy 1-1.3.7.B. That policy says Heavy Industrial land uses are subject to added protective measures through zoning. It says the City will set location and performance criteria that provide greater separation from impacts to surrounding land uses. The policy lists uses that may have a greater impact on nearby properties.

• Sites that need a large surface area

• Bulk storage facilities

• Logistic centers and terminals

• Distribution centers

• Warehousing, manufacturing and processing

• Green technologies and wholesale salvage operations

Section 3 of the ordinance directs the City Manager to send the ordinance and supporting documents to the appropriate state agencies. Section 6 says the ordinance takes effect 31 days after adoption if no timely challenge is filed. If a timely challenge is filed, it takes effect when a final order finds the amendment in compliance.

Ordinance O-26-29: Rezoning to Industrial

Ordinance O-26-29 would amend the City's official Zoning Map for the same land from Rose-4 (County) to Industrial (City). Section 3 directs City officials to update the Zoning Map. Section 4 states the Council's finding that the new zoning is consistent with the Comprehensive Plan and the future land use of the property.

Section 5 ties the rezoning to the land use change. The rezoning will not take effect unless the companion Future Land Use Map amendment in Ordinance O-26-28 becomes effective under Chapter 163, Florida Statutes. If that amendment does not become effective, the rezoning is null and void.

Staff Findings

Alix Bernard, Community Development Director, signed both staff analyses on October 8, 2026. The findings include the following.

• Public facilities for the proposed land use can be provided, and the parcels are inside the Urban Service Boundary Area.

• The property is within the current service boundary for water and public safety. Level of service standards will be reviewed when a site plan is submitted.

• An environmental assessment will be required with a site development application. Tree protection, wetland and listed species measures apply during permitting.

• The land use analysis states that added ad valorem taxes will come from the change from residential to industrial use.

• The proposed changes do not appear to conflict with the public interest.

The Business Impact Estimates for both ordinances list no direct economic impact on private businesses, no direct compliance costs and no new fees. They name the property owner as the business likely to be affected.

What Happened at First Reading

The Planning and Zoning Commission, sitting as the Local Planning Agency, held a public hearing on October 8, 2026, and voted to recommend approval. The City Council held first reading on November 2, 2026.

The draft minutes of the November 2 meeting say the two items were heard together. The applicant was not present, and no one from the public spoke. Council Member Nunn asked that the applicant attend the November 18 meeting. The draft minutes say he cited questions about the property and its code enforcement history. Mayor Jones stated that both items would move to second reading on November 18 and that the Council would not take final action if the applicant did not attend.

A Related Item on the Same Agenda

Item 15.A on the same agenda is Ordinance O-26-33, a second reading on changes to Section 54-2-5.6A of the Land Development Code, which covers the Heavy Industrial (HI) district. The staff report says the changes are meant to streamline the section and remove repeated language without changing the overall intent of the district. Staff recommend approval.

How State Law Treats Small Scale Amendments

Section 163.3187, Florida Statutes, sets the process for small scale development amendments. A small scale amendment must involve a use of 50 acres or fewer. It only needs one public hearing before the governing board, which is an adoption hearing. Under the statute, any affected person may file a petition with the Division of Administrative Hearings to challenge the amendment within 30 days after the local government adopts it.

Public Input and the Record

Public input is allowed under the Public Hearings heading. Each speaker has three minutes, and the Council may extend or end that time by majority vote. Speakers address the Council before it deliberates, and all input is directed to the Chair.

The agenda states that no stenographic record by a certified court reporter will be made. Anyone who decides to appeal a decision will need to make sure a verbatim record of the proceedings is made. Anyone who needs a special accommodation should contact the City's ADA Coordinator at 388-8226 or ADA@cityofsebastian.org at least 48 hours before the meeting.

The Sebastian City Council meets Wednesday, November 18, 2026, at 5:01 p.m. in the City Council Chambers, 1225 Main Street, Sebastian. Those who wish to speak on Ordinances O-26-28 and O-26-29 may give public input when the Council reaches items 15.B and 15.C under Public Hearings.