HomeMy WebLinkAboutO-24-15 FLUM Schumann Road IR LLCORDINANCE NO.O-24-15
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL
SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP
TO DESIGNATE A LAND USE CLASSIFICATION OF CG (COMMERCIAL GENERAL)
FOR LAND WITH A CURRENT LAND USE DESIGNATION OF INST
(INSTITUTIONAL) 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;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.
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 and Survey
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include
the affected property, and designate the same as General Commercial (CG) 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. SEVERABILITY. 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 July , 2024, and adopted on second/final reading at a
regular meeting of the City Council on the 24th day of July 2024.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon fast reading this 10th day of July 2024, by
Councilmember Nunn The motion was seconded by Councihnember
Jones 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
aye
aye
aye
aye
aye
ATTEST:
/f anette Williams, MMC
ity Clerk
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 aye
Council Member Bob McPartlan aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 24th day of
July 2024.
A EST:
anette Williams, MMC
City Clerk
This ordinance is effective the 24th day of August
Florida Statutes, 163.3187(5)(c).
CITY OF SEBASTIA�N, FLORIDA
By: -_-
Ed Dodd, Mayor
Approved as to form and legalityYor.. --
Reliance byy the City of Sebastiattbnly:
(!,egWifer Cockcroft, Esq., City Attorney
, 2024,in accordance with the date prescribed by
im 1
SE
HOME OF PELICAN ISLAND
Community Development Department
Comprehensive Plan Amendment
Land Planning Agency
June 20, 2024
Citv Council — 15t Readinq of Ordinance 0-24-15
Comprehensive Plan Future Land Use Map Amendment
for a Specific Site
Schumann Road Commercial
1. Project Name: Schumann Road Commercial — 600 Schumann Drive
2. Project Applicant: Schumann Road Indian River, LLC
500 South Florida Avenue, Suite 700
Lakeland, Florida 33801
3. Requested Action: Change in Future Land Use from Institutional (INST) to
General Commercial (CG)
(Exhibit A)
4. Project Location: Section 17, Township 31, 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 Aerials)
5. Project Description:
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 long
range plans. The land use amendment proposal is for CG (Commercial General) which
is compatible with the existing adjacent land use immediately to the west and south,
which is also owned by Schumann Road Indian River, LLC.
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.
7.
Site Data
a. Site Characteristics
(1) TotalAcreaae:
(2) Current Land Use(s):
(3) Current Zonina;
b. Adiacent Properties
Zoning
North
East: (County)
West:
South:
Comprehensive Plan Consistencv
0.07 acres
Institutional (INS)
Public Service (PS)
Existina Use
CG Commercial
CL Assisted Living Facility
PS Park
CG Vacant Commercial
Future Land Use
CG
C/I
INST
CG
a. Chanaed Conditions: The proposed change of land use to a higher intensity of
use, commercial, is consistent with the current surrounding land uses. This
designation will provide suitable uses for potential future developments.
b. Land Use Compatibility: The CG (General Commercial) land uses are
established to implement policies and performance standards for general
commercial uses which are compatible with the City of Sebastian current and
future land use along this corridor.
Policv 1-1.3.3. General Commercial Development (CG). The purpose of the
General Commercial land use designation is to accommodate general retail sales
and services, highway oriented sales and services, and other general commercial
activities defined in the LDC. General Commercial designations are located in
highly accessible areas, adjacent to major arterials. The maximum intensity is 1.0
FAR.
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
rezoning have 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.
2
f. Economic Effect: Since the property is no longer publicly owned, an additional
0.07 acres of commercial land area has been added to the tax base for the City
of Sebastian.
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 Institutional to CG is consistent with the Future
Land Use Map, and as such, staff and the LPA recommend approval of the requested
amendment.
Michelle Faulkner
PREPARED BY
6/ 11 /2024
DATE
3
CRYOF
SE13ASTIAN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ www.cifyofsebastion.org
DEVELOPMENT REVIEW APPLICATION
❑ Comp Plan Land Use Amendment 7 Comp Plan Text Amendment
(Large Scale) : I Land Development Code Text Amendment
A Comp Plan Land Use Amendment ■ Rezoning
(Small Scale) 0 Annexation
Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF
Parcel ID: Portion of 31391700002406000007.0
Existing Address of Site: 600 Schumann Drive
Proposed Address of Site:
Proposed Use: Commercial
Land Use: General Commercial Zoning: Commercial General
Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A.
IAddress: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801
ITelephone: 863-647-5337
Email: tcampbell@clarkcampbell-law.com
Applicant (If not owner, written authorization (notarized) from owner is required)
Owner: Schumann Road Indian River, LLC
Address: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801
Telephone: 863-272-4615 Email: Iawrencemaxwell@hotmail.com
Date Received: _
Fee Paid: _ Received by:
ORN311
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 oft
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 e of work will be complied ' whether specified herein or
not. The granting of appgeval 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 ctio
Timothv F. Camobell M _ 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 .X personally known to me or has _ produced
identification. Type of identification produced: 7�
[SEAL]
Notitry PAC
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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
tcaml,bell g clarkcamsbel l4aw.com
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this 27th day of September, 2023, between
the CITY OF SEBASTLAN, a municipal corporation of the State of Florida, whose address is
1225 Main Street, Sebastian, Florida 32958 (the "Grantor") and SCHUMANN ROAD INDIAN
RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue,
Suite 700, Lakeland, Florida 33801 (the "Grantee").
VM NESSETH: 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 or may be 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 are 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 WTfNESS 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 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, Esq.
City Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN, a municipal
corporation of the State of Florida
Print Name: Fred Jones
Title: Mayo'
The foregoing instrument was acknowledged before me by means of (X) physical presence
or ( ) online notarization, this -Z' '4hday of September, 2023, by
rkEA J'c,,xs as 1 rot of the City of
Sebastian, on behalf of the City, (X) who is personally known to me or ( ) has produced
as identification.
(NOTARY SEAL)
CATHENINEETESTA
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Special Warranty Deed
Notary Publics/1 i
Print Name: 04 4(wj+
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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 S26036'30"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, S26°36'30"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 SQUAREMEET
MORE OR LESS.
Special Warranty Deed Page 4
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SEBASTIAN
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CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: July 10, 2024
Agenda Item Title: Ordinance 0-24-15 — First Reading and Public Hearing - Request for Small
Scale Comprehensive Plan Future Land Map Amendment — Schumann Road
Indian River, LLC — INST (Institutional) to CG (Commercial General)
Recommendation: Approve Ordinance 0-24-15 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 long-range plans. The land use amendment proposal is for CG (Commercial General)
which is compatible with the existing adjacent land use immediately to the west and south, which is also owned
by Schumann Road Indian River, LLC. 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 Exuenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Ordinance 0-24-15
2. FLUM Staff Report
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 Department Review:
City Attorney Review: VVV
Procurement Division Review, if applicable: N�i1
City Manager Authorization:
Date: 7/) J 3.0,4
SE,BAS�TIA,N
'ivA: -
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: July 24, 2024
Agenda Item Title: Ordinance 0-24-15 - Second Reading and Adoption Hearing - Request for
Small Scale Comprehensive Plan Future Land Map Amendment - Schumann
Road Indian River, LLC - INST (Institutional) to CG (Commercial General)
Recommendation: Staff is recommending approval and enactment of Ordinance 0-24-15.
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 land use amendment proposal is for CG (Commercial
General) which is compatible with the existing adjacent land use immediately to the west and south, which is
also owned by Schumann Road Indian River, LLC.
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 6-1, that the City Council grant the requested land use 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 0-24-15.
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 0-24-15 and Supporting Documents
11-4
Administrative Services Department Review:,
City Attorney Review:
Procurement Division 'ew, ifapplicable: N%J-
City Manager Authorization: _
Date: 7 1i12-a`I