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Home My WebLink AboutO-25-04 Comprehensive Plan Future Land Use AmendmentORDINANCE NO.O-25-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF LDR (LOW DENSITY RESIDENTIAL, 5 UNITS/ACRE) TO PROPERTY CONTAINING 148.5 ACRES, MORE OR LESS, FORMERLY KNOWN AS THE VICKERS SANDMINE, LOCATED EAST OF LANCE STREET, WEST OF THE F.E.C. RAILROAD, SOUTH OF GILSON & CONCORD AVENUES, AND NORTH OF BEACH COVE MOBILE HOME PARK, WITH CURRENT LAND USE DESIGNATIONS OF MU (MIXED USE, 10 UNITS/ACRE), IN (INDUSTRIAL), AND C/I (INDIAN RIVER COUNTY COMMERCIAL/INDUSTRIAL); AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing on September 4, 2025, the City of Sebastian Planning and Zoning Commission, sitting as the Local Planning Agency, made a favorable recommendation 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 Sebastian 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 Sebastian City Council has provided notice of the proposed Future Land Use Map Amendment (FLUM) and has conducted the required public hearings to receive citizen input; and WHEREAS, the Sebastian 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 Attachment "A " Legal Description and Overall Survey Map Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property and designate the same as Low Density Residential (LDR) in accordance with the requirements of Florida law. See Attachment `B " Future Land Use of Affected Properties Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Florida Statute §163.3184(3) upon passage at first reading and proceed herewith in accordance with the provisions of Florida Statutes, specifically: Chapter 163. Section 4. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Economic Opportunity or other final action finding the amendment herein in compliance. Section 8. ADOPTION SCHEDULE. This Ordinance was passed on the first reading at a regular meeting of the City Council on the 24th day of September, 2025, and adopted on second/final reading at a regular meeting of the City Council on the 24 day of September , 2025. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 24th day of September, 2025, by Councilmember Nunn The motion was seconded by Councilmember Dodd and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan dye Vice Mayor Fred Jones aye Councilmember Ed Dodd aye Councilmember Christopher Nunn aye ATTEST: ette William MMC ^q City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember pha,s . The motion was seconded by Councilmember Nunn and, upon being put to a vote, the vote was as follows: Mayor Fred Jones ILy a Vice Mayor Bob McPartlan a�P Councilmember Ed Dodd Councilmember Sherrie Matthews aye Councilmember Christopher Nunn AI_ s The Mayor thereupon declared this Ordinance duly passed and adopted this 3b day of December, 2025. ATTEST: �! ` r� _ Jeanette Wili'i C City Clerk CITY OF SEBASTIAN, FLORIDA Fred Jones, Mayor = - Approved as to form and Iegality for _ reliance by the City of Sebastian ut_qye = - Jam Stokes, Interim City Attorney This Ordinance is effective the day of , 2025, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities. Attachment A LEGAL DESCRIPTION PARCEL A: ALL THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20. TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, 380 FEET EAST FROM THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION, THENCE RUN NORTH 14'14' WEST, 1367.80 FEET TO THE NORTH LINE OF SAID SECTION; THENCE RUN EAST ALONG SAID NORTH LINE 45 FEET TO THE WEST LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY; THENCE SOUTHEASTERLY ALONG THE WEST LINE OF SAID RIGHT-OF-WAY 1486 FEET TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION; THENCE WEST 380 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; LESS AND EXCEPT THEREFROM THE SOUTH 30 FEE7 THEREOF FOR ROAD RIGHT-OF-WAY AND LESS AND EXCEPT FISCHER INDUSTRIAL PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 14. PAGE 58, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL B: A PARCEL OF LAND SITUATE IN A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20, THENCE SOUTH 89- 54' 40" EAST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 380.00 FEET; THENCE NORTH 14' 14' 00" WEST A DISTANCE OF 30.96 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF "DICKERS ROAD: THENCE CONTINUE NORTH 14' 14' 00" WEST A DISTANCE OF 1330.60 FEET TO THE NORTH LINE OF SAID SECTION 20, THENCE NORTH 89' 56' 43" WEST ALONG SAID NORTH LINE OF SAID SECTION 20 A DISTANCE OF 30.96 FEET, THENCE SOUTH 14' 14' 00" EAST A DISTANCE OF 1330.65 FEET TO THE NORTH RIGHT-OF-WAY LINE OF "VICKERS ROAD"; THENCE SOUTH 89" 54' 40" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 30.96 FEET TO THE POINT OF BEGINNING. PARCEL C.- ALL OF THOSE POR TONS OF THE SOUTHWEST 1/4; THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4. AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4; OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA: LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAYY, PARCEL D: EAST 275 FEET OF THE NORTH 233 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA. OVERALL PARCEL: A PARCEL OF LAND BEING A PART OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND SECTION 17. TOWNSHIP 31 SOUTH, 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20. TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 8935'18" EAST ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 20, A DISTANCE OF 340.90 FEET, THENCE DEPARTING SAID SOUTH LINE NORTH 0074'42" WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 1414'02" WEST, A DISTANCE OF 1330.54 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 20. THENCE DEPARTING SAID NORTH LINE SOUTH 00'05'57" WEST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 20, A DISTANCE OF 233.01 FEET TO A POINT, SAID POINT BEING 233.00 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF SAID SECTION 20. THENCE DEPARTING SAID WEST LINE SOUTH 89'43'00" WEST, A DISTANCE OF 275.01 FEET TO A POINT, SAID POINT BEING 275.00 FEET WEST OF, AS MEASURED PERPENDICULAR TO, SAID WEST LINE, THENCE NORTH 00'05'57" EAST, A DISTANCE OF 233.07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 20, THENCE SOUTH 89 43'00" WEST ALONG SAID NORTH LINE A DISTANCE OF 2371.06 FEET TO AN INTERSEC77ON WITH THE WEST LINE OF THE SOUTH 1/4 OF SECTION 17. TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00'1755" EAST ALONG SAID WEST LINE, A DISTANCE OF 2702.07 FEET. TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF GILSON AVENUE, AS RECORDED IN SEBASTIAN HIGHLANDS UNIT 9, PLAT BOOK 6. PAGE 36, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA; THENCE SOUTH 8979'38" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 659.50 FEET, TO AN INTERSECTION WITH THE EAST LINE OF SEBASTIAN HIGHLANDS UNIT 9, AS RECORDED IN PLAT BOOK 6. PAGE 36, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00'12'58" EAST ALONG SAID EAST LINE A DISTANCE OF 662.90 FEET. TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF CONCORD AVENUE, AS RECORDED IN SEBASTIAN HIGHLANDS UNIT 9. PLAT BOOK 6. PAGE 36. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89'5522" EAST ALONG SAID SOUTH RIGHT-OF-WAY UNE, A DISTANCE OF 682.04 FEET, TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF FLORIDA EAST COAST RAILOAD TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11509.19 FEET, THROUGH A CENTRAL ANGLE OF 04'01'28", FOR AN ARC LENG7H OF 808.38 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 21'40'43" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2802.90 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20, TOWNSHIP 31 SOUTH. RANGE 39 EAST. INDIAN RIVER COUNTY. ,FLORIDA: THENCE DEPARTING SAID WEST RIGHT-OF-WAY SOUTH 8944'19" WEST ALONG SAID NORTH LINE. A DISTANCE OF 70.25 FEET. THENCE DEPARTING SAID NORTH LINE, SOUTH 14'44'02' WEST, A DISTANCE OF 1330.49 FEET. TO AN INTERSEC770N WITH THE NORTH RIGHT-OF-WAY LINE OF 99TH STREET; THENCE SOUTH 8935'18" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 61.92 FEET, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 6472320.32 SQUARE FEET OR 148.584 ACRES f. III II ❑ LJLa L = ----. --- --- _- try III;� 01! w.emra P.zi° o 0 IIIi !il If� li( Z U�1 SUBJECT PROPERTY }i Rro M'nV. a.. mMOa¢rr° IF i j�E PaTOF '_r PARCEL B I 01fRALL PARC6 I c�ira'�mw-nliarp l'v ' I I �,, P N ° is m I POINr I �_ B ��N;N NC ' PORR Qi I > BEtlNNING Maw..•m � alaas-� a ° SUBJECT PROPERTY N �'.'a6 Ls9 "3 145.28 Ac RESIDENTIAL LOW �ea1"I DENSITY (5DU/AC) Y AM . 60121ST STREET SUITE410 DATE: 2/20/2024 VERW BEACH, FL 32960 FUTURE LAND USE Www.bgeincwm 0 250' 500' DIRECT.. 772-217-5954 SCALE: 1" = 500 WSIHUME OF "VIM. 15 INTENDED ONLY FOR THE UVECII'IC%INPUSE AND CUEN( FOR WHICH IT WIVi V AREU. REUSEOANUIMPROPERRELWVCEON I f A y � H D • SUBJECT PROPERTY 1.47 Ac RESIDENTIAL LOW DENSITY (5 DUTAC) .;'A SUBJECT 1.03 RESIDENTIAL LOW DENSI (5 DUh SUBJECT PROPER 0.916 RESIDENTIAL LOW DENSI (5 DUI) VA 4V�L -^' A. :` 1 /J . `• . i yT}� •^may,- ._..." r.y..� ' }a,.for 1 . r L *I y.F1Af": 60121ST STREET SUITE 410 SATE: 2120n024 VERO BEACH, FL 32960 FUTURE LAND USE www.bgelnc.mm 0 250' 500' DIRECT: 772-217-5954 SCALE: 1- = 250' THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN. AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH ITWAS PREPARED. REUSEOFANDIMPROPERRELIANCEONMm DOwU WITHOUTmR AUTHORWTION NIOA TATION BY BGE INC. BHKL BEWTRIgIT L"ILIIYTOBDE INC.