HomeMy WebLinkAboutO-24-16 Schumann Rd IR LLC - RezoningORDINANCE NO.O-24-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) TO LAND WITH A
CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE) FOR PROPERTY
CONSISTING OF 0.07 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 PS (Public Service) and the requested
change is to rezone to CG (Commercial General); 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 in conformity 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.
H. 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 CG (Commercial General).
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 CG (Commercial
General) 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 10 day of July, 2024 and adopted on second/final reading at a regular
meeting of the City Council on the 24 day of July, 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 Councihnember
McPartlan and, upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Kelly Dixon
Council Member Fred Jones
Council Member Christopher Nunn
Council Member Bob McPartlan
ADOPTION
aye
aye
aye
aye
aye
ATTEST:
EST:: q 9
ette Williams, MMC
City Clerk
The foregoing Ordinance was moved for adoption by Council Member McPartlan . The motion was seconded
by Council Member Jones 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:
0anette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Ed Dodd, Mayor _
Approved as to form and legality for
Reliance
�by�the �City of Sebastian only_-
fer Cockcroft, Esq., City Attorney
3
Imo
SE�TuW
HOME OF PELICAN ISLAND
Community Development Department
Rezoning Amendment
PZ Commission
June 20, 2024
Citv Council —1sL Readinq of Ordinance 0-24-16
Land Development Code Rezoning Amendment for a Specific Site
Schumann Road Commercial
Proiect Name: Schumann Road Commercial — 600 Schumann Drive
2. Proiect Applicant: Schumann Road
500 South Florida Avenue, Suite 700
Lakeland, Florida 33801
3. Reouested Action: Request is for a change from Public Service (PS)
To Commercial General (CG)
(Exhibit A, Maps)
4. Proiect Location: Section 17, Township 31 South, Range 39
Subject Parcel is 0.07 Acres, More or Less
Parcel # 31391700002000200000.1
Legals: (Exhibit B, Application, Warranty Deed with Legals,
Before and After Ariels)
5. Proiect Descriation:
In September 2023, Schumann Road Indian River, LLC acquired the subject property
through voluntary land swap approved by Ordinance 0-23-09. The property consists of
0.07 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 Commercial General
(CG) which is compatible with the existing adjacent zoning immediately to the west and
south, which is also owned by Schumann Road Indian River, LLC.
6. Site Data
a. Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Current Zoninq:
b. Adiacent Properties
Zoning
North CG
East: (County)CL
West: PS
South: CG
0.07 acres
Institutional (0.6 FAR)
Public Service (PS)
Existing Use
Future Land Use
Commercial
CG
Assisted Living Facility
C/I
Park
IN
Vacant Commercial
CG
7. Comprehensive Plan Consistencv
a. Changed Conditions: The proposed change of zoning to a higher intensity of use,
commercial, is consistent with the current surrounding zoning. Existing residential
development adjacent to the property may be served by the commercial uses
which are appropriate as this corridor continues to develop as a service area for
the community. This designation will provide suitable uses for potential future
developments.
b. Land Use Compatibility: The CG (Commercial General District Sec 54-2-5.3.3)
zoning is established to implement policies and performance standards for
general commercial uses which are compatible with the City of Sebastian current
and future zoning along this corridor.
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. Adequate Public Facilities: Public facilities requirements for this proposed
rezoning can be provided. The property is within the current service boundary for
water/sewer and public safety.
e. Natural Environment: An environmental assessment of the subject property will
be required as part of site plan development application. All natural resource
protection measures, including tree protection, wetlands, and listed species, will be
required as part of the permitting and development process.
f. Economic Effect: The rezoning of this parcel will allow for the expansion of
potential commercial uses in the future.
g. Orderly Development: The proposed rezoning is consistent with the Land
Development Code and provides an orderly development pattern.
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 Public Service (PS) to Commercial General (CG) 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
2
Q19DF
SEAT"
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ www.cityoisebastian.org
DEVELOPMENT REVIEW APPLICATION
❑ Comp Plan Land Use Amendment
(Large Scale)
11 Comp Plan Land Use Amendment
(Small Scale)
0 Comp Plan Text Amendment
❑ Land Development Code Text Amendment
w Rezoning
❑ Annexation
Project Name: Schumann Road Commercial Total Site Area: .07 acres
Parcel ID: Portion of 31391700002406000007.0
Existing Address of Site: 600 Schumann Drive
Proposed Address of Site:
Acres\SF
Proposed Use: Commercial Land Use: General Commercial Zoning: Commercial General
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: tampbell@clarkcampbell-law.com
Applicant (If not owner, written authorization (notarized) from owner is required)
IOwner: Schumann Road Indian River, LLC
Address: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801
Telephone: 863-272-4615 Email: lawrencemaxwell@hotmail.com
Date Received: Fee Paid: Received by: _
IY 1;1891
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 II
allow the parcel to be conveyed to the City to be consistent with the existing adjacent property owned by the City of which a portion otl
this parcel would become a park (a part of an existing City park).
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 ' t of work will be complied ' whether specified herein or
not. The granting of approval does not presume t giv authority to vio to r can el rovisions of any other state
or local law regulating construction or the perfor an of nsi ctio
Timothv F. Campbell > Julv 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 X personally known to me or has _ produced
identification. Type of identification produced:
[SEAL] \ ./
Notdry PAN'
MICHELLES.EL"EN My Commission Expires:
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Eym FeWuwy 4, 2027
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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
t=nl+bell .. clarkcam}+bell-law.com
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this 27th day of September, 2023, between
the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is
1225 Main Street, Sebastian, Florida 32958 (the "Grantor") and SCRUNVIANN ROAD INDIAN
RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue,
Suite 700, Lakeland, Florida 33801 (the "Grantee").
WITNESSETH: That said Grantor, for and in consideration 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 Number: 31391700002000200000.0
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.
IT IS EXPRESSLY UNDERSTOOD and acknowledged bythe GRANTOR
and by the GRANTEE, by acceptance of this deed, that, in accordance with Section
270.1 ](3), Florida Statutes, the GRANTEE has petitioned the GRANTOR for the
release of the undivided three -fourths interest in, and title in and to the undivided
three -fourths interest in, all the phosphate, minerals, and metals that are ormaybe in,
on or under the said land and the undivided one-half interest in all the petroleum that
is or may be in, on or under the said land all as set forth in Section 270.11(1), Florida
Statutes, and that the GRANTOR by this deed includes the conveyance of the
GRANTOR'S interest in all phosphate, minerals, and metals that arc or may be in, on
or under the said land and interest in all petroleum that is or maybe in or on or under
the said land.
Special Warranty Deed Page 1
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, Grantorhas hereunto set Grantor's hand and seal the day and year
first above written.
SIGNATURE APPEARS ON SUBSEQUENT PAGE
Special Warranty Deed Page 2
Signed, sealed and delivered in our presence:
ATTEST:
Print Name: Jeanette Williams
City Clerk
Approved as to Form and Legal Sufficiency.
6
Print Name: Jennifer Cockcroft, Fsq.
City Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN, a municipal
corporation of the State of Florida
By:
Print Name: Fred Jones
Title: Mayo'
The foregoing instrument was acknowledged before me by means of (X) physical presence
or ( r ) �online notarization, this a7"hday of September, 2023, by
r+2En J0n1ES , as 11111,4,fo2 of the City of
Sebastian, on behalf of the City, (X ) who is personally known to me or ( ) has produced
as identification.
(NOTARY SEAL)
p.7 CATHERINEETESTA
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Special Warranty Deed
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Notary Public/� • /
Print Name: (a-" 6 16
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Page 3
EXHIBIT "A"
LEGAL DESCRIPTION AND SKETCH
A PARCEL OF LAND BEING A PORTION OF TRACT B, SEBASTIAN HIGHLANDS, UNIT
NO.7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6,
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B, RUN S26°36'30"E,
ALONG THE EAST LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND:
FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26036130"E,
FOR A DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406,
OF SAID PLAT; THENCE RUN N69°42'41 "W, ALONG THE NORTH LINE OF SAID LOT 8,
FOR A DISTANCE OF 77.66 FEET; THENCE DEPART SAID NORTH LINE AND RUN
N25028'10"E, FOR A DISTANCE OF 15.97 FEET TO A POINT OF CURVATURE OF A
TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 105.00 FEET, A
CHORD BEARING OF N00034'05"W, AND A CHORD LENGTH OF 92.18 FEET; THENCE
RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 52004'28", FOR A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET
MORE OR LESS.
Special Warranty Deed Page 4
1
SEBASTIAN
SMII IIMI�1 1 TI IN
"".MI
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: July 10, 2024
Agenda Item Title: Ordinance 0-24-16 — First Reading and Public Hearing - Request for
Rezoning Schumann Road Indian River, LLC — PS (Public Service) to CG
(Commercial General)
Recommendation: Approve Ordinance 0-24-16 on first reading, set date for second reading and
public hearing for July 24th, 2024
Background: In September 2023, Schumann Road Indian River, LLC acquired the subject
property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.07 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 properties zoning amendment proposal is for Commercial
General (CG) which is compatible with the existing adjacent zoning immediately to the west and south, which
is also owned by Schumann Road Indian River, LLC.
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 Requires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Ordinance 0-24-16
2. Rezone Staff Report — Schumann Parcel
3. Development Review Application — Schumann Parcel
4. City of Sebastian to Schumann Road Indian River, LLC Deed
5. Existing and Proposed Zoning and FLU Exhibits
�/"
Administrative Services Depart,lent Review:
City Attorney Review:
Procurement Division Review, if applicable: 41f
City Manager Authorization: A,
Date: 7l I aOZy
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: July 24, 2024
Agenda Item Title: Ordinance 0-24-16 — Second Reading and Adoption Hearing - Request for
Rezoning Schumann Road Indian River, LLC — PS (Public Service) to CG
(Commercial General)
Recommendation: Staff is recommending approval upon a second reading and hearing, and
enactment of Ordinance 0-24-16.
Background: In September 2023, Schumann Road Indian River, LLC acquired the subject
property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.07 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 properties zoning amendment proposal is for Commercial
General (CG) which is compatible with the existing adjacent zoning immediately to the west and south, which
is also owned by Schumann Road Indian River, LLC.
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 0-24-16.
If Agenda Item Reauires Exoenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Ordinance 0-24-16 and Supporting Documents
Administrative Services Depariment Review- _
City Attorney Revi�_
ProcurementDivisionn eview,ifapplicable:
City Manager Authorization:
Date: �l?�dody
Nlh