HomeMy WebLinkAboutO-21-26 FLUM MRCORDINANCE NO.O-21-26
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 CON -CONSERVATION FOR LAND
WITH A CURRENT LAND USE DESIGNATION OF LDR (LOW DENSITY
RESIDENTIAL, 5 UNITS PER ACRE), FOR LAND CONSISTING OF 7.88 ACRES,
MORE OR LESS, KNOWN AS MARINE RESOURCES COUNCIL CONSERVATION
PROPERTY, LOCATED EAST OF RESIDENTIAL PROPERTY, SOUTH AND WEST
OF THE ST. SEBASTIAN RIVER AND CONSERVATION PROPERTY, AND NORTH
OF VACANT AGRICULTURAL LAND; 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 December 2, 2021 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 infraslmctum 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 Conservation (CON) in accordance with the requirements of
Florida law.
See attached Exhibit "B"Future Land Use Map
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the
authorities designated under Fla. Star. 163.3184(3) upon passage at first reading, and proceed herewith in
accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. SEVERABD.FI'Y. 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 prevision. 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. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular
meeting of the City Council on the 15th day of December, 2021 and adopted on second/final reading at a regular
meeting of the City Council on the 9' day of February, 2022.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 15at day of December,
2021 by Councilmember MCPartlan The motion was seconded by
Councilmember Nunn and, upon being put to a vote, the vote was as
follows:
Mayor Jim Hill
Aye
Vice Mayor Fred Jones
Aye
Councilmember Ed Dodd
Aye
Councilmember Christopher Nunn
Aye
Councilmember Bob McPartlan
Aye
ATTEST:
4ty
ttMMC
Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member Dodd . The motion was
seconded by Council Member Nunn and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
aye
Vice Mayor Fred Jones
aye
Council Member Ed Dodd
aye
Council Member Christopher Nunn
aye
Council Member Bob MCPartlan
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of
February ,2022.
ATTEST:
Wu C(�. .
nette Williams, MMC
City Clerk
CITY OF SEBAST UF RIDA
By:
Jim Hill ayor
Approved as to form and legality for
Reliance by t e City of Sebasti only:
r., ity omey
This ordinance is effective the day of , 2022, concurrent with the issuance of the Notice
of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities.
RIVER CO FL, BK: 1985 PG: 135, 01/20/2006 12:41 PM DOC STAMPS D $7910.00
R'EC.FEE:$120.50
DOG S; AMPS:$7,910.00 EXHIBIT A
of
12780 & $12780a
This Instrument Prepared By:
Clif Turner
Security Title of Indian River, Inc.
3710 - 20O° Street
Vero Beach, Florida 32960
WARRANTY DEED
THIS =ENTVRE, made this 29th day of December, A.D. 2005, between Wayne
Lawrence, a single adult, of the County of Indian River in the State of Florida,
grantor, and to Marine Resources Council of East Florida, Inc., a non-profit
Florida Corporation, whose post office address is 3275 Dixie HWY. NE, Palm Bay,
FL 32905, grantee,
Ighetavei wee hamin the tams ^grantor" aM "gmums" imluds all Hu parties to this
iuser t and their heirs, legal rapmsantativms, auvaasaws and assigns. ^Grantor^ sod
"grantee" am wad ror minyuiar see plural, u Ua mutest mquiru and W use of a gsoder
shall include all gesdars.)
WITHESSETH: That the said grantor, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations, to said grantor in hand
paid by said grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said grantee, and grantee's successors and assigns
forever, the following described land situate, lying and being in Indian River
County, Florida, to -wit:
See Exhibit "A" attached hereto and by this reference made a part hereof.
"By acceptance of this warranty deed, the Grantee hereby agrees that the use
of the Property described herein shall be subject to the covenants and
restrictions as set forth in the Declaration of Restrictive Covenants attached
hereto as Exhibit B and recorded in the Public Records of Indian River County,
Florida. These covenants and restrictions shall run with the Property herein
described. If any term or condition of the Declaration of Restrictive
Covenants is violated by the Grantee or by some third party with the knowledge
of the Grantee and the Grantee does not correct the violation pursuant to the
Declaration of Restrictive Covenants, fee simple title to all interest in the
Project Site shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida in accordance with Chapter 380,
Part III, Florida Statutes."
Property Appraiser's Parcel Identification Number:
31-38-26-00001-0004-00004.0 and 31-38-26-00002-0004-00005.0
This conveyance is subject to easements, restrictions, limitations and
conditions of record if any now exist, but any such interests that may
have been terminated are not hereby re -imposed.
C:\Documents and Settinga\Closer2\Desktop\Lawrence Docs\Warranty Deed.doc
AND the said grantor does hereby fully warrant the title to said land, and
will defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF the grantor has hereunto set grantor's hand and seal,
the day and year first above written.
Signed, sealed and delivered in
the presence of:
`/
`/OF I': T 88
William C. Turner
(PRINTED, TYPED OR STAMPED
OF FIRST WITNES3�
TDRE OFQOND �8)
FRI � !ED OR STAMPED
NAME OF SECOND WITNESS)
STATE OF Florida
COUNTY OF Indian River
BY _
Wayne Law.
WtWNE uFVjg'e?jCfj
(PAINTED, TYPED OR STAMPED NAME OF GRANTOR)
DF
(GGRANNTORR) TYPED 1540 aAMPElt AIIQRP�8v8��
3a 4 ba
The foregoing instrument was acknowledged before me this 29th day of
December 2005, by Wayne Lawrence. He is personally known to me or who has
produced Drivers License as identification
"`^'P"•I' `
(NOTARY PUBLIC) (J�/�,P'✓,P'!
SEAL (BICNATORE OF NARY PUBLIC)
William C. Turner
(PRINTED, TYPED OR STAMPED NAME OF
NOTARY PUBLIC)
Commission No.:
My Commission Expires: ill S'zeOb
C:\Documents and Settings\Closer2\Desktop\Lawrence Docs\Warranty Deed.doc
EXHIBIT "A"
PARCEL I ID# 31-38-26-00001-0004-00004.0 -- The North 300 Feet of the
South 550 feet of the following described property: That portion of
Tract "D" lying Southerly and Westerly of the Sebastian River Drainage
District Easement, as shown on plat of SEBASTIAN HIGHLANDS, UNIT 13,
recorded in Plat Book 7, Page 82-A, Public Records of Indian River
County, Florida.
All lying and being in Section 26, Township 31 South, Range 38 East,
City of Sebastian, Indian River County, Florida.
TOGETHER WITH and including an easement for ingress and egress over
the West 30 feet of the following described property: SW 1/4 of HE
1/4 of Section 26, Township 31 South, Range 38 East, Indian River
County, Florida. TOGETHER WITH and including an easement for ingress
and egress over the West 60 feet of the following described property:
The South 250 feet of the following described property: That portion
of Tract "D" lying Southerly and Westerly of the Sebastian River
Drainage District Easement, as shown on plat of SEBASTIAN HIGHLANDS,
Unit 13, recorded in Plat Book 7, Page 82-A, Public Records of Indian
River County, Florida.
All lying and being in Section 26, Township 31 South, Range 38 East,
City of Sebastian, Indian River County, Florida.
PARCEL II ID# 31-38-26-00001-0004-00005.0
South 250 feet of the following described property: That portion of
Tract "D" lying Southerly and Westerly of the Sebastian River Drainage
District Easement as shown on map of SEBASTIAN HIGHLANDS, UNIT 13,
recorded in Plat Book 7, Page 82-A, Public Records of Indian River
County, Florida. All lying and being in Section 26, Township 31
South, Range 38 East, City of Sebastian, Indian River County, Florida.
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S�TaN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: February 9, 2022
Aaenda Item Title: Ordinance 0-21-26 — Second Reading and Public Hearing - Request
for Comprehensive Plan Future Land Use Map Amendment —
Marine Resources Council Property
Recommendation. Approve Ordinance 0-21-26 on second reading and adopt FLUM
amendment
Background: On December 15'h 2021, Council held the First Reading of
Ordinance 0-21.26. The Marine Resources Council of East Florida, Inc. (MRC) in cooperation
with the Florida Communities Trust (FCT) purchased the subject property for conservation
purposes in 2005. In accordance with the Grant Award Agreement, 111 3. "The Recipient shall
ensure that the future land use designation assigned to the Project Site is for a category dedicated
to open space, conservation, or outdoor recreation uses as appropriate." The subject property
shall be operated as a passive, natural resource -based public outdoor recreational site. Therefore,
MRC has made a request to amend the Future Land Use Map from LDR — Low Density
Residential to the more appropriate use, Con — Conservation. The subject site is located south of
Indian River County conservation lands, west of the St. Sebastian River Greenway, east of an
established PUD-R and north of existing agricultural use.
Following first reading, the proposed Comprehensive Plan amendment was transmitted to the
Florida Department of Economic Opportunity (DEO) on December 16, 2021. The DEO reviewed
the proposed amendment and have rendered no comment. The City received three (3)
stakeholder responses with no comments or no adverse impacts.
Should City Council adopt the Amendment, the City of Sebastian shall transmit within ten (10)
working days, the adopted amendment to the DEC, which will become effective 31 days after
the Department notifies the City that the amendment package is complete or, if challenged, until
it's found to be in compliance.
If Aaenda Item Reaulres Exoenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-21-26
Administrative Services Depart i/`l Review:
City Attorney Review:
Procurement Division Re ew, if plicable: !�