HomeMy WebLinkAboutO-19-05 Graves Bros FLUM AmendmentORDINANCE NO. 0-19-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE
FUTURE LAND USE MAP BY ESTABLISHING LAND USE
CLASSIFICATIONS OF CG (COMMERCIAL GENERAL), CL
(COMMERCIAL LIMITED), IN (INDUSTRIAL), INS (INSTITUTIONAL),
MDR (MEDIUM DENSITY RESIDENTIAL), LDR (LOW DENSITY
RESIDENTIAL), VLDR (VERY LOW DENSITY RESIDENTIAL), AND C
(CONSERVATION) FOR ANNEXED LAND WITH A PRIOR COUNTY
LAND USE DESIGNATION OF AG -1 (AGRICULTURAL, 1 UNIT PER 5
ACRES) ON PROPERTY CONSISTING OF 1,046.7 ACRES, MORE OR
LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LANDS
ADJACENT TO 74" AVENUE, NORTH OF 69'ra STREET, AND EAST
OF 82ND AVENUE; 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 of the Planning and Zoning
Commission, sitting as the Local Planning Agency, a motion was made and seconded to find the
proposed change to the Future Land Use Map and recommended conditions to be consistent with
the Comprehensive Plan, and to forward a recommendation for the adoption of the requested
change to the City Council;
WHEREAS, the motion failed due to a tie vote of the Commission; and
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 and conditions, 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.
WHEREAS, in accordance with City Code Sec. 54-1-2.6(b)(I) - City council's role, In
cases where the recommendation of the city planning and zoning commission is adverse to the
proposed change, such change shall not become effective except by an affirmative vote of a
majority offour members of the city council...
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 I Property Survey
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended, with conditions, to include the affected property, and designate the same in
accordance with the requirements of Florida law as follows:
CG (COMMERCIAL GENERAL, 112.3 ACRES), CL (COMMERCIAL LIMITED, 10.1
ACRES), IN (INDUSTRIAL, 126.7 ACRES), INS (INSTITUTIONAL, 130.7 ACRES), MDR
(MEDIUM DENSITY RESIDENTIAL, 384 ACRES), LDR (LOW DENSITY RESIDENTIAL,
70.5 ACRES), VLDR (VERY LOW DENSITY RESIDENTIAL, 169.4 ACRES), AND C
(CONSERVATION, 43 ACRES).
The Citv recoenizes soecific large scale amendments with unique characteristics that do not readily fall
into existina land use cateeories. The soecified omnerty as identified in (Exhibit Fl contains a Mixed
Use concent olan as shown in (Exhibit W. As part of the land use amendment. conditions oertainine to
the mined use development have been incomomted into Ordinance 0 -19 -OS as fnllnws�
a. Rezonine of the orooertv shall be done throueh the Citv of Sebastian's Planned Unit Develooment
process as described in Article XX of the Land Development Code.
b. Housing tomes shall be mixed to meet various income levels and lifestvle choices.
c. Future dedication of ROW to the aomooriate entitv will occur at the time of develonment to promote
an interconnected. extended and imoroved grid road system. alone with a well-nlanned transoortation
system of roads and streets throughout the develonment. in coordination with Indian River County_ . to
soecifically include 81" Street. 77" Street, and 73rd Street as well as 74a Avenue.
it. Provision for a mixed-use "Town Center" area.
e. Future allocation and donation of institutional lands necessary for eovernmental services such as post
offices. public safety. schools. etc. as identified by concurrencv analvsis in accordance with the Citv
of Sebastian land develooment codes and ordinances at the time of develonment.
L Strategic assembly of commercial and industrial develonment consistent with the Citv's
Comprehensive Plan.
g. Future dedication of conservation lands to appropriate entity at the time of development to include
anv natural areas of sienificant importance, and the provision of areenwav nails to promote a system
of connectivity and access consistent with the Citv's Comprehensive Plan and land development
codes.
h. Allocation of narks and recreational lands consistent with the Citv's Comprehensive Plan and land
development codes specifically: a minimum of 2 acres/1000 residents of nublicly accessible
recreation lands. and a minimum of 2 acres/1000 residents of other recreational lands.
I. Buffers adiacent to low density areas outside of the PUD Overlav to include increased areensnace
alone the site's south orooerty line and the mart of the east monertv line south of Liberty Park TND.
j. As a condition of future developments. sufficient land area shall be allocated for infrastructure
recruited to sumnort the development and mandate hook -un to central notable water and wastewater
systems for all new developments prior to receivine development orders. Therefore. the Graves
Brothers Sebastian South PUD Overlav must provide sewer and water service as a condition of
develooment. These services may be provided by the Countv or alternative services. however no
septic systems would be allowed in accordance with Citv noliev and land develonment codec
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 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. SEVERABILITY. 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 corrected 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, including the
adoption and recordation of the Annexation Agreement.
Section 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first
reading at a regular meeting of the City Council on the 28th day of August, 2019, and adopted on
second/final reading at a regular meeting of the Cit} Council on the 23r° day of October, 2019.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 28" day of August, 2019
by Councilmember Hill The motion was seconded by
Councilmember Iovino and, upon being put to a vote, the vote was as
follows:
Mayor Jim Hill aye
Vice Mayor Linda Kinchen aye
Councilmember Ed Dodd aye
Councilmember Albert Iovino aye
Councilmember Bob MCPartlan aye
ATTEST:
4anette+ Williams, MMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember . The
motion was seconded by Councilmember and, upon being put to a vote,
the vote was as follows:
Mayor Jim Hill
Vice Mayor Linda Kinchen
Councilmember Ed Dodd
Councilmember Albert lovino
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of
, 2019.
CITY OF SEBASTIAN, FLORIDA
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ATTEST:
Mayor Jim Hill
Jeanette Williams, MMC
City Clerk Approved as to form and legality for
reliance by the City of Sebastian only:
James Stokes, City Attorney
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CITY OF SEBASTIAN
ANNEXATION
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Exhibit 1
DESCRIPTION OF PROPOSED PROPERTY ANNEXATION
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST AND PART OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST,
INDIAN RIVER COUNTY, FLORIDA
DESCRIPTION OF PROPOSED LAND ANNEXATION
ALL THAT LAND LYING IN SECTION 1, TOWNSHIP 32 SOUTH,
RANGE 38 EAST AND PART OF SECTION 36, TOWNSHIP 31
SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE COMMON SECTION CORNER OF
SECTION 25, 26, 35 AND 36, TOWNSHIP 31 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA, MARKED BY A FOUND
20d NAIL WITH NO IDENTIFICATION RECORDED WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CERTIFIED CORNER RECORD DOCKET NUMBER 063806, RUN
NORTH 89"56'13" EAST ALONG THE NORTH LINE OF SAID
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST A
DISTANCE OF 125.00 FEET; THENCE LEAVING SAID NORTH
SECTION LINE RUN SOUTH 00"04'07" WEST A DISTANCE OF
40.01 FEET TO THE POINT OF INTERSECTION OF THE SOUTH
RIGHT OF WAY LINE OF WASASSO ROAD / S.R. 510 / 85TH
STREET, RIGHT OF WAY MAP SECTION 88510-2601, AS
RECORDED IN OFFICIAL RECORDS BOOK 181, PAGE 593 AND
658 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA AND THE EAST RIGHT OF WAY LINE OF THE
SEBASTIAN IMPROVEMENT DISTRICT LATERAL 'C' CANAL /
82nd/ AVENUE, 250.00 FEET WIDE RIGHT OF WAY AS
RECORDED IN DEED BOOK 32 , PAGE 177 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT
OF INTERSECTION BEING THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PROPERTY ANNEXATION;
FROM THE POINT OF BEGINNING RUN NORTH 89"56'13" EAST
ALONG THE AFORESAID SOUTH RIGHT OF WAY LINE OF
WASASSO ROAD / S.R. 510 / 85TH STREET, A DISTANCE OF
2435.37 FEET TO THE WEST RIGHT OF WAY LINE OF THE
SEBASTIAN IMPROVEMENT DISTRICT "LATERAL 'L' CANAL",
150.00 FEET WIDE RIGHT OF WAY AS RECORDED IN OFFICIAL
RECORDS BOOK 210, PAGE 300 OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH
00"10'09" WEST ALONG SAID WEST RIGHT OF WAY LINE A
DISTANCE OF 1416.65 FEET TO THE WESTERLY EXTENSION
OF THE SOUTH RIGHT OF WAY LINE OF AFORESAID LATERAL
'L' CANAL 150.00 FEET WIDE RIGHT OF WAY; THENCE RUN
SOUTH 89034'14' EAST ALONG SAID WESTERLY EXTENSION
AND SOUTH RIGHT OF WAY LINE A DISTANCE OF 1347.63 FEET
TO THE WEST RIGHT OF WAY LINE OF SAID LATERAL 'L'
CANAL 125.00 FEET WIDE RIGHT OF WAY; THENCE RUN
SOUTH 00°10'26" WEST ALONG THE WEST RIGHT OF WAY LINE
OF SAID LATERAL 'L' CANAL A DISTANCE OF 640.57 FEET TO
THE SOUTH RIGHT OF WAY LINE OF SAID LATERAL V CANAL;
THENCE RUN SOUTH 89'10'01" EAST ALONG SAID SOUTH
RIGHT OF WAY LINE A DISTANCE OF 664.73 FEET TO THE
WEST RIGHT OF WAY LINE OF SAID LATERAL 'L' CANAL;
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INA. REVISION IeY DATFII rel
GRAVES BROTHERS COMPANY
A FLORIDA CORPORATION
2770 INDIAN RIVER BLVD.
VERO BEACH, FLORIDA 32960
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THENCE RUN SOUTH 00"05'15" WEST ALONG SAID WEST
RIGHT OF WAY LINE A DISTANCE OF 1940.26 FEET TO THE
WESTERLY EXTENSION OF THE SOUTH RIGHT OF WAY LINE
OF THE SEBASTIAN IMPROVEMENT DISTRICT LATERAL'R-14E
CANAL' 100.00 FEET WIDE RIGHT OF WAY AS RECORDED IN
CHANCERY ORDER BOOK 9, PAGE 564 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN
SOUTH 89°44'16" EAST ALONG SAID WESTERLY EXTENSION
AND SOUTH RIGHT OF WAY OF LATERAL 'R -14E' CANAL A
DISTANCE OF 740.98 FEET TO THE COMMON RANGE LINE OF
RANGE 38 EAST AND RANGE 39 EAST, ALSO BEING THE EAST
LINE OF AFORESAID SECTION 36, TOWNSHIP 31 SOUTH,
RANGE 38 EAST; THENCE RUN SOUTH 00°11'28" WEST ALONG
SAID EAST LINE OF SECTION 36 AND RANGE LINE A DISTANCE
OF 1280.06 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 36 ALSO BEING THE SOUTHWEST CORNER OF
SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST MARKED
BY A FOUND 4"X4" CONCRETE MONUMENT WITH NO
IDENTIFICATION RECORDED WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED
CORNER RECORD DOCKET NUMBER 078031; THENCE RUN
SOUTH 89"50'19" EAST ALONG THE SOUTH LINE OF SAID
SECTION 31 A DISTANCE OF 4.05 FEET TO THE NORTHWEST
CORNER OF SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39
EAST, ALSO BEING THE NORTHEAST CORNER OF SECTION 1,
TOWNSHIP 32 SOUTH, RANGE 38 EAST MARKED BY A FOUND
4"A" CONCRETE MONUMENT WITH ALUMINUM DISK STAMPED
"CARTER ASSOCIATES, INC PRM LB 205" RECORDED WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION CERTIFIED CORNER RECORD DOCKET NUMBER
078026, SAID DESCRIBED SECTION CORNERS COMPRISED AS
DOUBLE CORNERS EAST TO WEST ON THE COMMON
TOWNSHIP LINE OF TOWNSHIP 31 AND 32 SOUTH WITH THE
COMMON RANGE LINE OF RANGE 38 AND 39 EAST; THENCE
RUN SOUTH 00"13'25" WEST ALONG SAID COMMON RANGE
LINE, AND EAST LINE OF AFORESAID SECTION 1, TOWNSHIP
32 SOUTH, RANGE 38 EAST, ALSO BEING THE WEST LINE OF
THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "DIKE /
LEVEE" 100.00 FEET WIDE RIGHT OF WAY AS RECORDED IN
DEED BOOK 48, PAGE 23 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA, A DISTANCE OF 2657.45 FEET TO
THE EAST QUARTER CORNER OF SAID SECTION 1; THENCE
RUN SOUTH 00"01'45" WEST ALONG SAID EAST LINE OF
SECTION 1 AND RANGE LINE A DISTANCE OF 2590.99 FEET TO
THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF
AFORESAID LATERAL '12 CANAL, 125.00 FEET WIDE RIGHT OF
WAY AS RECORDED IN OFFICIAL RECORDS BOOK 210, PAGE
300, SAID INTERSECTION POINT BEING NORTH 00°01'45" EAST
62.50 FEET FROM THE FOUND 4"X4" CONCRETE MONUMENT
WITH DISK STAMPED 'RLS 1192" MARKING THE COMMON
SECTION CORNER OF SECTIONS 1 AND 12, TOWNSHIP 32
SOUTH, RANGE 38 EAST AND SECTIONS 6 AND 7 OF
CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET, VERO BEACH, FL 32980
TOWNSHIP 32 SOUTH, RANGE 39 EAST, RECORDED WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CERTIFIED CORNER RECORD DOCKET NUMBER 063825;
THENCE RUN SOUTH 89053'29" WEST ALONG SAID NORTH
RIGHT OF WAY LINE A DISTANCE OF 754.22 FEET TO THE
WEST RIGHT OF WAY LINE OF AFORESAID LATERAL T! CANAL;
THENCE RUN SOUTH 00°07'44" WEST ALONG SAID WEST
RIGHT OF WAY LINE A DISTANCE OF 17.50 FEET TO THE
NORTH RIGHT OF WAY LINE OF THAT CERTAIN ROAD RIGHT
OF WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 220,
PAGE 469 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; THENCE RUN ALONG SAID NORTH RIGHT
OF WAY LINE THE FOLLOWING COURSES: SOUTH 89°53'29"
WEST A DISTANCE OF 275.00 FEET; THENCE RUN SOUTH
00"07'44" WEST A DISTANCE OF 10.00 FEET; THENCE RUN
SOUTH 89°53'29' WEST A DISTANCE OF 300.00 FEET; THENCE
RUN SOUTH 00°0744" WEST A DISTANCE OF 5.00 FEET;
THENCE RUN SOUTH 89"53'29" WEST A DISTANCE OF 100.00
FEET; THENCE RUN SOUTH 00°0744" WEST A DISTANCE OF
5.00 FEET; THENCE RUN SOUTH 89°53'29" WEST A DISTANCE
OF 3768.00 FEET TO THE AFORESAID EAST RIGHT OF WAY
LINE OF THE SEBASTIAN IMPROVEMENT DISTRICT LATERAL
'C' CANAL 225.00 FEET WIDE RIGHT OF WAY AS RECORDED IN
DEED BOOK 32, PAGE 177; THENCE RUN NORTH 00"07'03"
EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF
2637.27 FEET TO THE INTERSECTION OF THE EAST / WEST
QUARTER SECTION LINE OF AFORESAID SECTION 1; THENCE
CONTINUE NORTH 00°07'03" EAST ALONG SAID EAST RIGHT
OF WAY LINE A DISTANCE OF 2679.25 FEET TO THE
INTERSECTION WITH THE NORTH LINE OF SAID SECTION 1
AND SOUTH LINE OF AFORESAID SECTION 36, TOWNSHIP 31
SOUTH, RANGE 38 EAST, ALSO BEING THE COMMON
TOWNSHIP LINE OF TOWNSHIP 31 AND 32 SOUTH; THENCE
CONTINUE ON SAID EAST RIGHT OF WAY LINE RUN NORTH
00"04'07" EAST A DISTANCE OF 1279.32 FEET TO THE
INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF THE
SEBASTIAN IMPROVEMENT DISTRICT LATERAL 'C -3E' CANAL
100.00 FEET WIDE RIGHT OF WAY AS RECORDED IN DEED
BOOK 32, PAGE 177, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; THENCE RUN SOUTH 89'50'51' EAST
ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 12.51
FEET; THENCE CONTINUE NORTH 00°04'07" EAST ALONG
AFORESAID EAST RIGHT OF WAY LINE OF SAID LATERAL'C'
CANAL, NOW BEING 250.00 FEET WIDE RIGHT OF WAY, A
DISTANCE OF 3997.98 FEET TO THE AFORESAID SOUTH RIGHT
OF WAY LINE OF WABASSO ROAD / C.R.510 / 85TH/ STREET
AND POINT OF BEGINNING.
THE ABOVE DESCRIBED PROPOSED LAND ANNEXATION
CONTAINING 48,689,617.86 S.F. OR 1117.76 ACRES (INCLUDES
CANAL RIGHTS OF WAYS)
THIS DESCRIPTION IS NOT A BOUNDARY SURVEY
° YU""°' °I' DESCRIPTION SHEET
PROI ' 1=2
/ LR"Wll SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST
F,.°a_,",tl" 8 PART OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST 1 Of 2
s�cunmE ontE G�lE rwuE I"uua° INDIAN RIVER COUNTY, FLORIDA
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PROPOSED PROPERTY ANNEXATION
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST AND PART OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST,
INDIAN RIVER COUNTY, FLORIDA
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