HomeMy WebLinkAboutO-24-13 COS FLUMORDINANCE NO.O-24-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL
SCALE AMENDMENT TO TIE COMPREHENSIVE PLAN FUTURE LAND USE MAP
TO DESIGNATE A LAND USE CLASSIFICATION OF INST (INSTITUTIONAL) FOR
LAND WITH A CURRENT LAND USE 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; 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 on June 20, 2024 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; 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 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 Exhibit "A"Property Warranty Deed
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include
the affected property, and designate the same as Institutional (INST) in accordance with the requirements of
Florida law.
See attached Exhibit "B" Future Land Use Map
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. SEVERABHdTY. 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 5. 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 6. EFFECTIVE DATE. Pursuant to Fla. Stat. 163.3187(5)(c), this Ordinance shall take effect
thirty-one (31) days from the date of adoption.
Section 7. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular
meeting of the City Council on the 10th day of ,Tu y , 2024, and adopted on second/final reading at a
regular meeting of the City Council on the 24th day of July 12024.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon fast reading this loth day of July , 2024, by
Councilmember McPartlan The motion was seconded by Councilmember
Nunn and, upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
ave
Vice Mayor Kelly Dixon
aye
Council Member Fred Jones
aye
Council Member Christopher Nunn
aye
Council Member Bob McPartlan
aye
ATTEST:
4ity C
nette Williams, MMC
lerk
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member McPartlan . The motion was
seconded by Council Member 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 __Ave
Council Member Bob McPartlan aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 24th day of
July 2024.
ATTEST: //,, 11� QQ��//,� ,,, �_-_��
w-r-cG(.
e nette Williams, MMC
ity Clerk
This ordinance is effective the 24th day of August
Florida Statutes, 163.3187(5)(c).
CITY OF SEBASTIANJtORIDA
By. 4�W — — ,
Ed Dodd, Mayor
Approved as to form and legality fbr
Reliance by the City of Sebastian only:
e fifer Cockcroft, sq., City Attorney
, 2024, in accordance with the date prescribed by
Ma
SEBASTIA
HOME OF PELICAN ISLAND
Community Development Department
Comprehensive Plan Amendment
Land Planning Agency
June 20, 2024
Citv Council — 15' Readinq of Ordinance 0-24-13
Comprehensive Plan Future Land Use Map Amendment
for a Specific Site City Park Property
1. Proiect Name:
2. Proiect ADDlicant:
City of Sebastian — 630 Schumann Drive
City of Sebastian
3. Requested Action: Change in Future Land Use from General Commercial (CG)
to Institutional (INST)
(Exhibit A, Maps)
4. Proiect Location: Section 17, Township 31, Range 39
Subject Parcel is 0.06 Acres, More or Less
Parcel # 31391700002406000007.1
Legals: (Exhibit B, Application, Warranty Deed with Legals,
Before and After Ariels)
5. Proiect Description:
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 long range plans. The land use amendment proposal is for
Institutional (INST) which is compatible with the existing adjacent land use immediately to the
west, which is also city owned property.
Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM
changes for site -specific small scale development activities only. The State land planning
agency does not require a review however the amendment does not become effective until 31
days after adoption by the local government. This amendment will be transmitted to the DEO
upon adoption by COS city council.
6. Site Data
a. Site Characteristics
(1) Total Acreage: 0.06 acres
(2) Current Land Use(s): Commercial General (CG)
(3) Current Zoning: Commercial General (CG)
b. Adiacent Properties
Zoning Existina 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 Consistencv
a. Chanaed Conditions: The proposed change of land use is consistent with the current
adjacent land uses.
b. Land Use Compatibility: The Institutional (INST) land uses are established to implement
policies and performance standards for uses which are compatible with the City of
Sebastian current and future land use along this corridor.
Policv 1-1.3.8: Institutional Land Use Desianation fINS71The Institution all and use
designation is intended to accommodate existing public and semi-public services including:
governmental administration buildings; places of worship, cultural or civic centers, and other
similar public or private not -for -profit uses; public schools and not -for -profit educational
institutions; hospital facilities and supportive health care units; arts and cultural or civic
facilities; essential public services and facilities cemeteries, fire and emergency operation
facilities; public and private parks and recreation areas; utilities; extensive open areas
comprising major committed public and semi-public open spaces, including the Municipal Golf
Course and Sebastian Municipal Airport; and other similar activities. The maxim intensity of
this designation is 0.6. The location, scale, timing, and design of necessary public and semi-
public services and utilities shall be closely coordinated with development activities in order to
promote more effective and efficient delivery of requisite services and utilities. The City shall
maintain and enforce appropriate standards and specifications for the design and construction
of public and semi-public services in order to promote cost effectiveness and quality control
consistent with all applicable federal, state, regional, and local standards.
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 land use change is consistent with the Land
Development Code and provides an orderly development pattern.
h. Public Interest: The proposed change in land use 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 land use change from CG to INST is consistent with the Future Land Use Map,
and as such, staff and the LPA recommend approval of the requested amendment.
Michelle Faulkner 6/11/2024
PREPARED BY DATE
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CFB STLAN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ www.cityofsebastian.org
DEVELOPMENT REVIEW APPLICATION
❑ Comp Plan Land Use Amendment ❑ Comp Plan Text Amendment
(Large Scale) ❑ Land Development Code Text Amendment
i Comp Plan Land Use Amendment IL Rezoning
(Small Scale) 0 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: tampbell@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: LFrazier@CityofSebastian.org J
Date Received: Fee Paid: _ _ Received by:__
FORM B
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 workwill be complied } 2 lwhether specified herein or
not. The granting of approval does not presume o gr authod to violate or canc t rovisions of any other state
or local law regulating construction or the perfo ohcons uctiort^
Timothv F. Campbell V""" 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. C'amnhell who is X personally known to me or has _ produced
identification. Type of identification produce _
kubfic
[SEAL]Notary
My Commission Expires:
MICHELLE a ELIASEN
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This Instrument Prepared By.
Timothy F. Campbell, Esquire
Clark, Campbell, Lancaster, workman & Airtb, P.A.
500 South Florida Avenue, Suite 800
Lakeland, Florida 33801
tcaml bdl.i clarkcamt lWLlaw.com
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this I2 day ofNovember, 2023, between
SCIWMANN 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').
WPTNESSETH: That said Grantor, for and in consideration of the slnn 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:
ess
Pnil Name: '30h �i�PSr�I
a ^
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
SCHUMANN ROAD INDIAN RIVER, LLC,
a Florida limited liability company
By:
awrencee . Maxwell, s Manager
The foregoing instrument lwas acknowledged before me by means of (X) physical presence
'
or ( ) online notarization, this Jk[ day of November, 2023, by Lawrence T. Maxwell, as Manager
of Schumann Road Indian River, LLC, a Florida limited liability company, behalf of the
company, ( ) who is personally ]mown to me or ( has produced
Elrc, &- -A--'�>L. as identification.
(NOTARY SEAL)
1NAWWAAC A
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Special Warranty Deed
�ublic
Print Name-�
My Comm!ssion Expires:
Page 2
EXHIBIT "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, FORA DISTANCE OF 105.00 FEET TO THENORTHWEST 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
N62°2644"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
iI<
SEBASTIAN
UYIIwMut U11tbIlOt
HII IYI
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinu Date: July 10, 2024
Agenda Item Title: Ordinance 0-24-13 — First Reading and Public Hearing - Request for Small
Scale Comprehensive Plan Future Land Map Amendment — City of Sebastian
—CG (Commercial General) to INST (Institutional)
Recommendation: Approve Ordinance 0-24-13 on first reading, set date for second reading and
public hearing for July 24th, 2024
Baclmround: 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 land use amendment proposal is for Institutional (INST) which is compatible with the
existing adjacent land use immediately to the west, which is also city -owned property.
Small scale amendments are defined by Florida Statutes to be 50 acres or fewer and limited to FLUM changes
for site -specific small-scale development activities only. The State Land Planning Agency does not require a
review; however, the amendment does not become effective until 31 days after adoption by the local
government. 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 Future Land Use Map amendment and
recommended, by a vote of 7-1, that the City Council grant the requested land use change.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Ordinance 0-24-13
2. FLUM Staff Report
3. Development Review Application — City Parcel
4. Schumann Road Indian River, LLC to City of Sebastian Deed
5. Existing and Proposed Zoning and FLU Exhibits
Administrative Services Department Review:
City Attorney Review -
Procurement Divisio eview, ifapplicable: #4
City Manger Authorization: //( Arl
Date: 7/l/ a-) a a Y i
SEBASTIAN
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: July 24, 2024
Agenda Item Tide: Ordinance 0-24-13 — Second Reading and Adoption Hearing - Request for
Small Scale Comprehensive Plan Future Land Map Amendment — City of
Sebastian —CG (Commercial General) to INST (Institutional)
Recommendation: Staff is recommending approval and enactment of Ordinance 0-24-13.
Background: 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 land use amendment proposal is for Institutional (INST) which is compatible with the
existing adjacent land use immediately to the west, which is also city -owned property.
Small scale amendments are defined by Florida Statutes to be 50 acres or fewer and limited to PLUM changes
for site -specific small-scale development activities only. The State Land Planning Agency does not require a
review; however, the amendment does not become effective until 31 days after adoption by the local
government. 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 Future Land Use Map amendment and
recommended, by a vote of 6-1, that the City Council grant the requested land use change.
At the July 10, 2024 regular City Council Meeting, the City Council held a public reading and hearing on this
Ordinance and set a second and final hearing for July 24, 2024.
Staff is recommending approval and enactment of Ordinance 0-24-13 for the above referenced Future Land
Use Map Amendment.
If Agenda Item Requires Eaaenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: NIA
Attachments:
1. Ordinance 0-24-13 and Supporting Documents
Administrative Services Department Review: / 1
City Attorney Review
Procurement Divisio view,rfapplicable:
City Manager Authorization: —AAV--
Date: 7 IZ �6g`I