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
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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)
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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