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Home My WebLink AboutORD #202-7 AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OFTHE CITY OF SEBASTIAN, BY REZONING APPROXIMATELY 165 ACRES OF LAND LOCATED WEST OF THE FEC RAILROAD, EAST OF BRISTOL STREET AND BRAXTON AVENUE, AND NORTH AND SOUTH OF IRREGULAR CITY LIMIT BOUNDARIES FROM R-l, SINGLE FAMILY RESIDEN- TIAL DISTRICT, TO PUD (MH), MOBILE HOME PLANNED UNIT DEVELOPMENT DISTRICT; REZONING APPROXIMATELY 7 ACRES OF LAND LOCATED WEST OF THE FEC RAILROAD AND EAST OF THE ABOVE MENTIONED LAND FROM R-l, SINGLE FAMILY RESIDENTIAL DISTRICT, TO M-I, INDUSTRIAL DISTRICT; AND REZONING APPROXIMATELY 8.23 ACRES LOCATED WEST OF THE FEC RAIL- ROAD AND APPROXIMATELY 200 FEET NORTH OF THE ABOVE DESCRIBED LAND FROM R-l, SINGLE FAMILY RESIDENTIAL DISTRICT TO CL, LIMITED COMMERCIAL DISTRICT; ADOPTING A CONCEPTUAL DEVELOPMENT PLAN; IMPOSING RESTRICTIONS AND CONDITIONS; PROVIDING A SEVERABILITY CLAUSE; AND ESTAB- LISHING AN EFFECTIVE DATE. WHEREAS, the City Council has adopted a Mobile Home Planned Unit Development as an integral part of the City Zoning Ordinance; and WHEREAS, the applicant, Nelson Hyatt, has submitted a Concep- tual Development Plan and other material in accordance with the require- ments of the Planned Unit Development district; and WHEREAS, the staff and the Planning and Zoning Commission has reviewed the Conceptual Development Plan and has recommended its approval with stipulations; and WHEREAS, the Council has reviewed the Plan and held a public hearing on said Plan; 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 stipulations is in the best interests of the City of Sebastian and should be approved subject to such stipu- lations; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I That the following described property is hereby rezoned from R-l, Single Family Residential District, to PUD (MH), Mobile Home Planned Unit Development District: The south 3/4 of the southwest 1/4 of the southeast 1/4, Section 20, Township 31 South, Range 39 East; and -1- The southeast 1/4 of the southeast ]/4, Section 20, Township 31 South, Range 39 East, less that portion lying east of the Florida East Coast Railway right-of-way,and less the approximately 7 acres compris- ing the first 200 feet west of the Florida East Coast Railway right-of-way; and A portion of the west 1/2 of the southeast 1/4 of the northwest 1/4 and the northeast 1/4 of the southeast 1/4 of the northwest 1/4 of Section 29, Township 31 South Range 39 East; and , The west 1/2 of the northeast 1/4 Section 29 Township 31 South, Range 39 East. ' ' SECTION II That the following described property is hereby rezoned from R-l, Single Family Residential District, to M-l, Industrial District: The approximately 7 acres comprising the southeast 1/4 of the southeast 1/4, Section 20, Township 31 South, Range 39 East, less that portion lying east of the Florida East Coast Railway right-of-way,and less the westerly 200 feet reserved for treatment facilities for the Mobile Home Planned Unit Development on the Concept Plan. SECTION II! That the following described property is hereby rezoned from R-l, Single Family Residential District, to C-1, Limited Commercial District: That part of the northeast 1/4 of the southeast 1/4 of Section 20, Township 31 South, Range 39 East, lying west of the Florida East Coast Railway right-of-way, less the north 6.5 acres thereof, and less the south 150 feet, all lying west of the Florida East Coast Railway right-of-way, consisting of approximately 8.23 acres. SECTION IV The Conceptual Development Plan, as submitted by the appli- cant, Nelson Hyatt, is hereby adopted and approved and shall be carried out in a manner consistent with the requirements of all regulations and ordinances of the City of Sebastian and 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 concept 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 grant a vesting in the number of specific units proposed until appropriate planning, engineering, and environmental studies are submitted to the City pursuant to specific City laws and standards, -2- including the proposed land development code cited herein. The City reserves the right to decrease such density based on detailed site plan considerations of the Zoning Code in effect at the time the Preliminary Development Plan is submitted, 2. Transportation Improvements. The applicant shall provide the City with a legal assurance approved by the City Attorney that improvements to the Stratton Avenue corridor shall be incorporated into the development plan and that all such right-of-way required for such improvement not less than 80 feet in width shall be duly deeded to the City. This legal assurance shall include a requisite agreement between the City and the Florida East Coast Railway which acknowledges the City's right to construct a crossing of the Florida East Coast Railway at the point of the proposed Stratton Avenue extension's intersection with the railway right-of-way. The City Attorney shall also approve the applicant's instruments dedicating requisite land for the Stratton Avenue right-of-way improvements. Finally, a traffic engineering analysis shall be required as part of the Preliminary Development Plan approval process. 3. Conformance with App!icable Ordinances. The Conceptual Development Plan shall be carried out in a manner consistent with the requirements of all regulations and ordinances of the City of Sebastian. The applicant shall comply with all planned amendments to the City of Sebastian's Land Development Code scheduled for adoption in early March, 1984. 4. Land Use Compatibility. The Conceptual Development Plan shall be carried out in conformity with applicable City codes to assure compatibility with adjacent land uses. The applicant shall comply with all required setbacks, screening, buffering, and landscape requirements in order to assure compatibility with the adjacent land uses. The applicant's Preliminary Development Plan shall comply with upgraded standards for perimeter buffering included scheduled for adoption in March. 5. Impacts on Natural Environment. in Section 20A-4.8(L) The applicant shall preserve and/or enhance the natural qualities of existing and proposed lakes and ponds and shall coordinate closely with the DER and St. John's -3- Water Management District as well as the City of Sebastian in planning and implementing a water management system which adequately addresses potential problems and issues associated with the drainage system. The .applicant shall comply with performance standards of the City of Sebastian Zoning Code, including the surface water management standards of Section 20A-4.13(D), as well as the soil erosion and sedimentation standards of Section 20A-4.13(C)(9). The Conceptual Development Plan approval shall be conditioned on the applicant's submittal of a concept drainage plan which shall be approved by the City Engineer. To date, this plan has not been submitted. 6. I~mpact on Natural Vegetation. The applicant shall comply with the City's adopted landscape and tree removal ordinances and any other performance standards in effect at the time that a completed Preliminary Development Plan is submitted to the City of Sebastian. Upon submittal of the Preliminary Development Plan, the applicant shall e required to provide a clearer indication of existing vegetation. 7. Consideration of Proposed New Land Development Code. The City has put the applicant on notice that the City of Sebastian is currently considering the adoption of a new Land Development Code, which includes new zoning and subdivision provisions. Pending Land Develop- ment Code is scheduled for public hearings during the next two months, February and March, 1984, well before the applicant is scheduled to submit a Preliminary Development Plan. Therefore, the applicant is hereby put on notice that the Preliminary Development Plan shall comply with all provisions of the Proposed Land Development Code, assuming that the Land Development Code is adopted in a timely manner. The proposed Land Development Code is available for the applicant's review and consideration. 8. Binding Assurances. The applicant shall submit appropri- ate assurances that the applicant and/or successors in title shall comply with all provisions governing approval of the planned unit development. Such assurances shall be submitted to the City Attorney at the time of Final Development Plan approval for his approval and shall include all agreements, covenants, contracts, deed restrictions, or sureties required pursuant to Section 20A-4.9(D)(1), (2), (3). -4- 9. Development Schedule. The proposed development schedule indicating the approximate starting and completion dates have been submitted to the City. However, if changes in the schedule are proposed in the future, such changes shall be submitted to the City in an expedi- tious manner to assure effective communication concerning any potential problems or issues associated with the development. All public facil- ities shall be staged to service in a timely manner the needs of the Phased Development Schedule. SECTION V If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such rulings shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. SECTION VI This ordinance shall take effect immediately upon becoming 1 aw. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the - ATTEST: -5- I HEREBY CERTIFY that Notice of Public Hearing on the forego- ing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at ~af~ on the /~ day of ~, 1984, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the ~'~ day of {~~, 1984. City Clerk -6-