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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 �� �QIYOF 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 j� t�" a.•E "as Fab�y4 �44 f 1LVL4VWUOW 1(Gl,.V1U/L'L 111 111L' PLLLVMMb VP A AA L. DU 1U11(l,Ull I,VUAI 1rVL1AN K1VEA UV PL IK: 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 & 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 0daAs�1F taebh EptLoan, thmgh Ne 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