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Home My WebLink AboutO-21-23 FLUM Cross CreekORDINANCE NO.O-21-23 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF VLD — VERY LOW DENSITY FOR LAND WITH A CURRENT LAND USE DESIGNATION OF R — RURAL, FOR LAND CONSISTING OF 19.55 ACES, MORE OR LESS, KNOWN AS CROSS CREEK ADDITION, LOCATED AT THE S.E. INTERSECTION OF SHAKESPEARE ST. AND YEARLING TRAIL AND `b MILE NORTH OF CR510, SURROUNDED BY RESIDENTIAL AND VACANT PROPERTY; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing on November 4, 2021 of the Planning and Zoning Commission, sitting as the Local Planning Agency, a favorable recommendation was made for the adoption of the requested change to the Future Land Use map and the change was found to be consistent with the Comprehensive Plan. 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, 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. 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 Erlribit "A" Property Warranty and Survey Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Very Low Density (VLD) in accordance with the requirements of Florida law. See attached Exhibit "B.. Future Land Use Map 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. 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 9t° 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 Nunn The motion was seconded by Councilmember Jones and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Aye Vice Mayor Fred Jones Ave Councilmember Ed Dodd Aye Councilmember Christopher Nunn Aye Councilmember Bob McPartlan Nay ATTEST: lwems.'m 4'1AA'.W ty Clerk ADOPTION The foregoing Ordinance was moved for adoption by Council Member Jones . The motion was seconded by Council Member Nunn 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 February ,2022. CITY OF SEBAST LORIDA By: it , Mayor ATTEST: GIJrCCA-I-E Ll'-C.L&4yU.L Approved as to form and legality for ette Williams, MMC Reliance by t City o a on City Clerk / / Malay This ordinance is effective the day of , 2022, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities. 3120190042484 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL By, 3224 PG: 21, 7/18/201910.05 AM D DOCTAX PD 51,400.00 EXHIBIT A naneab�uw.v bs� \� wARRANfYDE® Thb eYtmv tlad.baemYyL W � b>—u..�b.mtYmwenwW u�um�ix mom es,uan.,.na..etO. 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P W �T� 06v nmapp m Yer6NR �ppjj-F7ry wa4.twum PAR roan Cabnelela+2vYee OIi04/JBif DocuSi9n Envelope lD: 8P92FBOObFE045B39 a-219BOFD400EF t L City of Sebastian Planning and Zoning 1225 Main St Sebastian, FL32958 RE: 1820 Shakespeare St, Sebastian, FL 32958 PID: 3139300000D50000D003.0 Annexation Request To Whom It May Concem: I hereby give authorization to Dr Henry A Fischer to be my representative to the City of Sebastian to have the above parcel annexed Into the dty of Sebastian. Sincerely, JaAus N AL4,1 ( 3/30/2021 e ¢hia CDNRance LLC. President 2420 UpImn Dr Austin, TX 78732 ano S HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: February 9, 2022 Aaenda Item Title: Ordinance 0-21-23 — Second Reading and Public Hearing - Request for Comprehensive Plan Future Land Use Map Amendment— Cross Creek Addition Recommendation: Approve Ordinance 0-21-23 on Second reading and adopt FLUM amendment Background: On December 15" 2021, Council held the First Reading of Ordinance 0-21.23. The subject property consists of 19.58 acres, more or less, located at the south east intersection of Shakespeare St. and Yearling Trail, '/4 mile north of CR510. The property is surrounded by existing residential and vacant residential land uses. The property is currently vacant. The subject property is located within an enclave of unincorporated Indian River County, surrounded on three sides and 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 land use and zoning in the County is R-Rural and A-1. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans simultaneously with the annexation of property. The properties land use amendment proposal is for VLD-Very Low Density Residential which is compatible with the existing adjacent Cross Creek Lake Estates development. The applicant does not have a proposed site development plan for the subject property at this time. However, it has been presented that this property, as well as the 20 acres adjacent to the east, are proposed to become part of the existing platted development. Following first reading, the proposed Comprehensive Plan amendment was transmitted to the Florida Department of Economic Opportunity (DEO) on December 16, 2021. The DEO reviewed the proposed amendment and have rendered no comment. The City received three (3) stakeholder responses with no comments or no adverse impacts. Should City Council adopt the Amendment, the City of Sebastian shall transmit within ten (10) working days, the adopted amendment to the DEC, which will become effective 31 days after the Department notifies the City that the amendment package is complete or, if challenged, until it's found to be in compliance. If Aaenda Item Reauires Expenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: 1. Ordinance 0-21-23