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HomeMy WebLinkAboutO-24-14 COS RezoningORDINANCE NO.O-24-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF PS (PUBLIC SERVICE) TO LAND WITH A CURRENT ZONING DESIGNATION OF CG (COMMERCIAL GENERAL) FOR PROPERTY CONSISTING OF 0.06 ACRES, MORE OR LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Sebastian, owner of the subject property, has filed a petition for an amendment to the Zoning Ordinance; and WHEREAS, the current zoning classification on the property is CG (Commercial General) and the requested change is to rezone to PS (Public Service); 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 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 inconformity 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. A. The proposed change in zoning 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 Attachment "A " Warranty Deed SECTION 2. REZONING. The real property described in Attachment "A" is hereby given a City zoning designation of PS (Public Service). SECTION 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in Attachment "A" and reflect its designated zoning district as PS (Public Service) in accordance with the requirements of Florida law. See Attachment "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 2nd reading. SECTION 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 10tIday of July, 2024 and adopted on second/final reading at a regular meeting of the City Council on the 24 day of y, 2024. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 10th day of July, 2024, by Councilmember Jones The motion was seconded by Councilmember 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 ATTEST: W_ anette Williams, MMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Council Member Jones . The motion was seconded by Council Member MCPartlan 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 24th day of July ,2024. ATTEST: � f4- (X/�XX�cXJL b6ette Williams, MMC City Clerk CITY OF SEBASTIAN, FLOI3Ii%A By: 117- Ed Dodd, Mayor Approved as to form and legality for Reliance by the City of Sebastian only: X4— OuLq Adler Cockcroft, Esq., City Attorney 3 OM1R SE�TLAN HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission June 20, 2024 Citv Council —1st Readinct of Ordinance 0-24-14 Land Development Code Rezoning Amendment for a Specific Site City Park Property Proiect Name: 2. Proiect Applicant: City of Sebastian — 630 Schumann Drive City of Sebastian 3. Requested Action: Change in Zoning from Commercial General (CG) to Public Service (PS) (Exhibit A, Maps) 4. Proiect Location: Section 17, Township 31 South, Range 39 Subject Parcel is 0.06 Acres, More or Less Parcel # 31390700002406000007.1 (Exhibit B, Application, Warranty Deed with Legals, Before and After Ariels) 5. Proiect Description: In September 2023, the city acquired the subject property through voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The properties zoning amendment proposal is for Public Service (PS) which is compatible with the existing adjacent zoning immediately to the west, which is also city owned property. 6. Site Data a. Site Characteristics (1) Total Acreaoe: 0.06 acres (2) Current Land Use(s): Commercial General (CG) (3) Current Zoning; Commercial General (CG) b. Adiacent Properties Zoning Existing Use Future Land Use North CG Commercial CG East CG Vacant Commercial CG West PS Park INST South RS-10 Residential Residential 7. Comprehensive Plan Consistency a. Chanaed Conditions: The proposed change of zoning, public service, is consistent with the current adjacent zoning. b. Land Use Comoatibilitv: The Public Service District Sec. 54-2-5.8 zoning is established to implement policies and performance standards for institutional uses which are compatible with the City of Sebastian's current and future zoning. C. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed land use have been provided. e. Natural Environment: The parcel will remain as a passive park space. If. Economic Effect: No adverse economic effects will occur by this change in land use. g. Orderly Development: The proposed rezoning is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 8. Conclusion: The requested rezoning from Commercial General (CG) to Public Service (PS) is consistent with the Zoning Map, and as such, staff and the PZ Commission recommend approval of the rezoning request. Michelle Faulkner PREPARED BY 6/11 /2024 DATE 7 OTYOF SEBASTLA HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE(772)589-5518 ■ www.cityofsebastian.org DEVELOPMENT REVIEW APPLICATION 1 ❑ Comp Plan Land Use Amendment ❑ Comp Plan Text Amendment (Large Scale) ❑ Land Development Code Text Amendment r Comp Plan Land Use Amendment 1A Rezoning (Small Scale) ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF Parcel ID: Portion of 31391700002000200000.0 Existing Address of Site: 630 Schumann Drive Proposed Address of Site: Proposed Use: Institutional Land Use: Institutional Zoning: PS Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-5337 Email: teampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: City of Sebastian Address: 1225 Main Street, Sebastian, Florida 32958 Telephone: 772-388-8228 Email: Date Received: Fee Paid: LFrazier@CityofSebastian.org Received by: Surveyor: Address: Telephone: Email: Engineer: Joseph W. Schulke, P.E. Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Email: jschulke@sbsengineers.com Pre —Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will allow the parcel to be conveyed from the City to be consistent with, and become apart of, the existing adjacent property owned by Schumann Road Indian River. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing t � �pe of work will be compliedwhether specified herein or not. The granting of approval does not presume o gr authont to vio/lat�e or cant t rovisions of any other state or local law regulating construction or the perfo �ns uctiv I Timothv F. Camobell lP' "� 1 ` ( July 12, 2023 Print name Signature Date Notary: STATE OF: Florida COUNTY: Polk I hereby certify that on July 12, 2023, personally appeared before me, Timothy F. Campbell who is _2L personally known to me or has _ produced identification. Type of identification produced [SEAL] (( Notary ublic My Commission Expires: MICHELLE S. ELUISEN }r_ :•: C"bsbn # HH 342744 .,wp?'••' E)q*W Fey-my4,202I 1�1 1LVL4uWVOVV HL'I.ViV11L111P1 111r, KE%.VmmL VP AIA1\ L.11U 1LG1(, I.LL'1(A VP �,11U,U11 l.V U1C1 11V 1/lA1\ 111V L1(l.V PL 11C 3671 PG: 970,1/4/202412:27 PM D DOCTAX PD $0.70 This Instrument Prepared By. Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, Workman & Airth, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 tcampbella clarkcam1bi ell"law.com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this J day ofNovember, 2023, between SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantor") and the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantee'). WITNESSETH: That said Grantor, for and inconsideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property"). A portion of parcel ID Numbers: 31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 1 Signed, sealed and delivered in our presence: Att11,,.Name: -3ushn YhleSc'-� z Print Name:�� ? STATE OF FLORIDA COUNTY OF COLLIER SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company By: I . L'r"ceMaxwell, s Manager The foregoing instrument was acknowledged before me by means of (X) physical presence or ( ) online notarization, this A day of November, 2023, by Lawrence T. Maxwell, as Manager of Schumann Road Indian River, LLC, a Florida limited liability compa�n�y, behalf of the company, ( ) who is personally known to me or ( �) has produced IF) WI k6- as identification. (NOTARY SEAL) EIIAMM MKXAEL pElE1A NOtxy P,ENc • wte a Fk�lda temmMlhM A XX 4!l518 „ My t01AfA, E�¢ire an 1A, E017 ..6tAAtd Mroulh Npdpul Nanry Alsn• Special Warranty Deed blic Print Name: _W� �( My Commission Expires:ires: Page 2 EDIT "A" LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT; SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID NORTH RIGH-OF-WAY LINE AND RUN N25°28'10"E, ALONG THE EAST LINE OF SAID LOT 8, FOR A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE RUN S69°42'41 "E, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 28.11 FEET; THENCE DEPART SAID NORTH LINE AND RUN S25°28'10"W, FOR A DISTANCE OF 108.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID SCHUMANN DRIVE; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 384.73 FEET, A CHORD BEARING OF N62026'44"W, AND A CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 28.02 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARE/FEET OR 0.7 ACRES, MORE OR LESS Special Warranty Deed Page 3 CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: July 10, 2024 Agenda Item Title: Ordinance 0-24-14 — First Reading and Public Hearing - Request for Rezoning — City of Sebastian — CG (Commercial General) to PS (Public Service) Recommendation: Approve Ordinance 0-24-14 on first reading, set date for second reading and public hearing for July 24th, 2024 Backeround: In September 2023, the city acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian's long-range plans. The property's zoning amendment proposal is for Public Service (PS) which is compatible with the existing adjacent zoning immediately to the west, which is also city -owned property. The Planning and Zoning Commission/Local Planning Agency held a public hearing at its duly noticed June 20th, 2024 regular meeting to consider the proposed Rezoning and recommended, by a vote of 7-1, that the City Council grant the requested rezoning change. If Agenda Item Reouires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Ordinance 0-24-14 2. Rezone Staff Report — City Parcel 3. Development Review Application — City Parcel 4. Existing and Proposed Zoning and FLU Exhibits 5. Schumann Road Indian River, LLC to City of Sebastian Deed Administrative Services Department Review: ,�—�, City Attorney Review: ('�C' v `' VI v Procurement Division Review, if applicable: NSA City Manager Authorization: //( i Date: 7 3, aa'Y SEBASTIAH usu� uuseu ww CITY COUNCIL AGENDA TRANSMITTAL Council Meetin, Date: July 24, 2024 Agenda Item Title: Ordinance 0-24-14 — Second Reading and Adoption Hearing - Request for Rezoning — City of Sebastian — CO (Commercial General) to PS (Public Service) Recommendation: Staff is recommending approval and enactment of Ordinance 0-24-14. Backeround: In September 2023, the city acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian's long-range plans. The property's zoning amendment proposal is for Public Service (PS) which is compatible with the existing adjacent zoning immediately to the west, which is also city -owned property. The Planning and Zoning Commission/Local Planning Agency held a public hearing at its duly noticed June 20th, 2024 regular meeting to consider the proposed Rezoning and recommended, by a vote of 6-1, that the City Council grant the requested rezoning change. The City Council held a first reading on July 10, 2024 at which time it was passed upon a motion and set the final reading for July 24, 2024. Staff is recommending approval upon a second reading and hearing, and enactment of Ordinance 0-24-14. If Agenda Item Reouires Exnenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Ordinance 0-24-14 and Supporting Documents Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: y� 1 City Manager Authorization: Date: 7 % % a d.1