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HomeMy WebLinkAboutO-23-11 River Oaks Preserve Conceptual PlanORDINANCE NO.O-23-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A CONCEPTUAL PLANNED UNIT DEVELOPMENT PLAN FOR A PROJECT KNOWN AS RIVER OAKS PRESERVE, CONSISTING OF 146.5 ACRES, MORE OF LESS, WITH A ZONING DESIGNATION OF PUD-R (PLANNED UNIT DEVELOPMENT RESIDENTIAL) AND A LAND USE DESIGNATION OF VLDR (RESIDENTIAL VERY LOW DENSITY, 3 DU/AC), LOCATED SOUTH OF LANFAIR AND LIGHTHOUSE AVENUES, AND NORTH OF CR 510 & CITRUS HIDEAWAY SUBDIVISION; PROVIDING FOR CONFLICTS; SCRIVENER'S ERRORS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Ordinance 0-04-14, adopted in 2004, approved the first Conceptual Planned Unit Development Plan for River Oaks Preserve in concurrence with receiving its PUD- R (Planned Unit Development Residential) zoning designation; and WHEREAS, In accordance with time limits established in the City's Land Development Code, Article XX, the first Conceptual Planned Unit Development Plan for River Oaks Preserve has expired; and WHEREAS, 85 Sebastian, LLC, has filed an application for a new Conceptual Planned Unit Development Plan approval for River Oaks Preserve; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its Staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed plan is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed plan is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed plan is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed plan is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed plan and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed plan will not result in any adverse impacts on the natural environment. G. The proposed plan will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed plan will result in an orderly and local development pattern. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. RECITALS/LEGISLATIVE FINDINGS/INTENT. a) The City Council of the City of Sebastian hereby adopts and incorporates the recitals above in the Whereas Clauses to this Ordinance, the City Staff Report and City Council Agenda Memorandum relating this Ordinance. b) The above recitals set forth in the Whereas Clauses of this Ordinance are adopted by the City Council as legislative findings and the intent of the City Council. c) The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising the Ordinance. Section 2. PROPERTY. The Conceptual Planned Unit Development Plan approved by the adoption of this ordinance applies to the following described real property, lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A " Property Survey Section 3. CONCEPTUAL PLANNED UNIT DEVELOPMENT PLAN APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the Conceptual Planned Unit Development Plan for River Oaks Preserve Subdivision as prepared by 2GHO, Inc., bearing the latest revision date of July 20, 2023, and as maintained on file in the City Community Development Department, subject to the following conditions: 2GHO, Inc., bearing the latest revision date of July 20, 2023, and as maintained on file in the City Community Development Department, subject to the following conditions: a) In areas where a residential property line abuts a wetland buffer area or conservation tract/easement, a 3-4 foot high fence will be required, i.e. a conservation or split -rail type fence, to establish the specific boundary and prevent encroachment of accessory residential activities; and b) Wetland buffer areas, notably in the NW corner, that encroach into proposed residential lots will be required to mitigate, one square -foot for one square -foot, to an applicable, alternative area within the PUD and must be shown on the Preliminary Plat; and c) Alternative ground covers (other than gravel) for the trails adjacent to the wetland buffer areas shall be considered; and d) The 25-foot wide right-of-way located north of the proposed Shakespeare Street Extension entryway shall be stabilized and gated at the juncture of Lighthouse Avenue and shall remain, in perpetuity, an emergency access only. Accessibility points shall be designed at the gate area allowing for interconnectivity of pedestrians and bicyclists from the communities; and e) If the final drainage plan, after working with the Sebastian River Improvement District (SRID), modifies the conceptual design considerably, the Conceptual PUD Development Plan will need to be reconsidered by the Planning and Zoning Commission and the City Council; and f) The Developer and/or Home Owners Association shall be required to maintain the public amenities in perpetuity. Section 4. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. SCRIVENEWS 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 recodified copy of same with the City Clerk. Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall 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 of the City of Sebastian did not intend to enact such invalid provisions. 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 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember Dodd . The motion was seconded by Councilmember Nunn and, upon being put to a vote, the vote was as follows: Mayor Fred Jones ave Vice Mayor Christopher Nunn aye Councilmember Kelly Dixon nay Councilmember Ed Dodd aye Councilmember Bob McPartlan nay The Mayor thereupon declared this Ordinance duly passed and adopted this 1 la' day of October, 2023. ATTEST: 4anAettWeWi1&fiw ms, MMC City Clerk CITY OF SEBASTIAN, FLORIDA - - Mayor Fred Jones Approved as to form and legality. (LUJA er Cockcroft, Esq. Attorney anu SEBASTLAN 0*,. HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: October 11, 2023 Agenda Item Title: Second Reading and Public Hearing on Ordinance 0-23-11 - Request for Approval of a Conceptual PUD Plan — River Oaks Preserve Subdivision Recommendation: Hold a Quasi -Judicial Public Hearing and Second Reading of Ordinance 0-23-11. Adopt updated Ordinance 0-23-11 with revised Conditions of Approval [from 1"reading] Backeround: The Applicant, 85 Sebastian, LLC, has requested approval of a Conceptual PUD Development Plan for parcels they own along CR 510. The subject properties were annexed into the City of Sebastian in early 2004, with approvals for their future land use and PUD-R zoning following shortly after. The City of Sebastian's Land Development Code requires a Conceptual PUD Development Plan to be submitted and approved when requesting a PUD zoning designation. The original Conceptual PUD Development Plan for River Oaks Preserve was considered and approved in 2004 when the rezoning ordinance was adopted. Between the years of 2005 to 2007, the project received approvals for its Preliminary Plat, subdivision construction drawings, and was issued a land clearing permit. Partial land clearing occurred before the project's financing was no longer available, after which construction was stopped. In the ensuing years, city approvals and permits expired, and the property has since become overgrown and re -vegetated with Brazilian Pepper Trees. Although the original Conceptual PUD Development Plan has expired, the properties retain their PUD-R zoning designation. The current application is not requesting any rezoning or a different zoning designation. However, because the current proposed plan is amending the originally approved River Oaks Preserve conceptual plan, the City's LDC §544-20.2(a)(5).c.8. requires the plan to be processed and reviewed as per the original. The current, proposed two -phased plan consists of 146.5 +/- acres, located south of Lanfair and Lighthouse Avenues, and north of CR 510 and Citrus Hideaway Subdivision. The existing land use designation is VLDR (Very Low Density Residential) which allows a maximum of 3 units per acre. The current plan outlines a total of 140 standard single-family lots and 212 single-family cluster units for a proposed density of 2.40 units per acre. Additionally, land is being conveyed to FDOT for their CR510 widening project, along with land dedication to the City for additional Right -of -Way for a Shakespeare Street extension. The project is located within the Urban Service Boundary Area for water and sewer utility service. The Planning and Zoning Commission held a public hearing on August 3, 2023 in which a recommendation for approval with conditions to the City Council was made. City Council held a public hearing and first reading of Ordinance 0-23-11 on September 13, 2023, and passed a motion to approve by a vote of 3 to 2 with revised conditions of approval. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: N/A Funds to Be Utilized for Appropriation: Attachments: 1.Ordinance 0-23-11 - Updated 2. Staff Report - Updated 3. PUD Justification Statement 4. Conceptual PUD Plan 5. Survey 6. Public Trails Exhibit 7. Phasing Exhibit 8. Conceptual Drainage Plan 9. Letter from Seb River hnpr District 10. Environmental Assessment 11. Traffic Statement 12. Cluster Housing Conceptual Designs 13. PZ Commission Minutes 8/3/23 14. City Council Minutes 9/13/23 Administrative Services Department Review/1W . t a4: .. City Attorney Review: Y Procurement Division Review, ijapplicable: ON City Manager Authorization: Date: .2a.1?