HomeMy WebLinkAbout1987 03 05 - O-87-09 RecordedCh s. er' s Gap Rezoning DOC. ST. - MAT. $ . S
Comm . P . U . D . 496891 FREDA WRIGHT, Clerk of Circuit Court
Indian River County - by
,
ORDINANCE NO. 47_09
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
THE ZONING ORDINANCE OF THE CITY BY REZONING APPROXIMATELY
58.09 ACRES OF LAND LOCATED SOUTH OF COUNTY ROAD 512, SOUTH
OF THE INTERSECTION OF SAID COUNTY ROAD 512 AND FLEMING STREET,
APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY
NO ONE, FROM INDIAN RIVER COUNTY LOW DENSITY (LD -2) TO PUD (C),
COMMERCIAL PLANNED UNIT DEVELOPMENT; IMPOSING RESTRICTIONS;
ADOPTING A CONCEPTUAL DEVELOPMENT PLAN; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council has adopted a (PUD)(C) Commercial
Planned Unit Development as an intergral part of the City's Zoning
Ordinance, and,
WHEREAS, the Applicant, Sebastian General Partnership, B.F.T.,
a Florida General Partnership, has submitted a conceptual development
plan and other material in accordance with the requirements of the
Planned Unit Development Ordinance; and,
WHEREAS, the Staff and the Planning and Zoning Commission
have reviewed the the conceptual development Plan, has held a
public hearing thereon, and has recommended approval of the plan; and
WHEREAS, the City Council has reviewed the Plan and has held
a public hearing thereon, and
WHEREAS, the Council has found and determined that the Plan
meets the requirements of the Zoning Code subject to stipulations,
and has determined that the plan with the stipulations is in the
best interest of the City and should be and hereby is approved;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I
That the following described Real Property is hereby rezoned
from Indian River County Low Density (LD -2) to PUD(C) Commercial
Planned Unit Development:
"A parcel of land in the N.E. a OF Section 13,
Township 31 Southm Range 38 East, known as
Chesser;s Gap, described as follows: That Part of
the N.W. ; of the NE 4 of Section 13, Township 31
South, Range 38 East, Lying South of Fellsmere Road,
AND ALSO the West � of the NE a of the NE ; of Sec.
13, Township 31 S, Range 38 East. All of the above
land now lying in the City of Sebastian, Indian River
County, Florida."
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SECTION II
The Conceptual Development Plan as submitted is hereby adopted
and approved and shall be carried out in every manner consistent
with the requirements of all regulations and ordinances of the
City of Sebastian and shall be subject to all of the following
conditions and restrictions:
1. DENSITY. The density shall conform to the Comprehensive
Plan and shall not exceed the proposed conceptual plan density with
the specific number of units being determined only after approval
of the Preliminary Development Plan by the City of Sebastian. The
City does not hereby frant a vesting in the number of specific units
proposed until appropriate planning, engineering, traffic, and en-
vironmental studies are submitted to the City pursuant to the City's
Codes and standards. The City reserves the right and power to de-
crease such density based on detailed site plan considerations of
the zoning code and comprehensive land use plan in effect at the time
the said preliminary development plan is submitted for approval.
2. Transportation Improvements. The applicant shall provide
the City with legal assurance approved by the City Attorney that the
promised improvements to the Fleming Street Thoroughfare extension
shall be incorporated in the Development Plan and that all such right-
of-way required shall be duly deeded to the City. Also, subject to
approval of Indian River County, the improvements at the intersection
of Fleming Street and County Road 512 (Fellsmere Road), including
traffic control devices and deceleration lanes and other improvements
shall be provided by the applicant, its successors or assigns.
3. Land Development Code. The Applicant shall abide by all
of the applicable provisions of the City's Land Development Code,
including Sections 20A-4.6, and 20A-4.9 through 4.14, inclusive.
4. Binding assurances. The applicant shall submit appropriate
assurances that the applicant's successors or assigns, if any, shall OMO
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comply with all provisions governing approval of the planned unit CD
development.
Such assurances shall be submitted to the City attorney
as specified in Section 20A -4.9(D) (1),
Code (at page 242 and 243).
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(2), and (3), Land DEvelopmentOO
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5. Development Schedule. A development schedule indicating
the approximate starting and completion dates has been submitted to
the City as part of the conceptual development plan. If subsequent
changes in the schedule are proposed in the future, such changes
shall be submitted to the City in an expeditious manner to assure
effective communication concerning any potential problems or issues
accociated with the development. All public facilities shall be
staged to service in a timely manner the needs of the phased develop-
ment schedule.
6. Drainage. The entire site shall be designed to retain on
site stormwater run-off from a twenty-five (25) year, twenty-four
(24) hour storm. All lakes placed on the site shall be at least as
permeable as the average grassey open area.
7. Water and Sewer utilities. It is understood that if either
water and/or sewer service is to be provided from off-site facilities
of a utility supplier, such service shall require prior approval of
Indian River County pursuant to the Indian River County Water and
Sewer Franchises granted by the City to the County, and to the inter-
local agreement concurrent therewith. The City of Sebastian shall
assist in that regard to solve such problems due to the environmental
considerations associated therewith. Such assistance shall be limited
to mutual cooperation with the applicant and Indian River County.
SECTION III
This Ordinance shall take effect immediately upon final passage
by the City Council.
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I HEREBY CERTIFY that this Ordinance was passed by Final
Reading hereon after Public Hearing by the City Council of the City
of Sebastian, Florida, on the o?J'`J day of February, 1987.
CITY OF ST IAN, FLORIDA
ATTEST: g L,��
Kath ine Benja n, City L, ne Harris, 1�Iayor
Clerk
I HEREBY CERTIFY that Notice of Public Hearing on this Ordinance
was given in accordance with Section 166.041, F.S. and with Sec. 20A-
11.4 of the Land Development Code; that a public hearing was held at
City Hall at 7:00 p.m., and this Ordinance was duly passed following
the Public Hearing on the "9-
y-_," day of February, 1987.
APPROVED TO FORM AND LEGAL
Xatherin6 Benjamin, ity Clerk SUFFICIENCY:_�.-�—
Thos. C. Palmer
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