HomeMy WebLinkAboutORD #202-WORDINANCE NO. ,,~9~- W
AN ORDINANCE AMENDING SECTION III AND
CREATING SECTION VIIA OF ORDINANCE 202,
AS AMENDED, THE SAME BEING THE ZONING
ORDINANCE OF THE CITY OF SEBASTIAN BY
CREATING A NEW ZONING DISTRICT WITHIN THE
CITY TO BE KNOWN AS THE PLANNED UNIT
DEVELOPMENT DISTRICT; CODIFYING SAME
WITHIN CHAPTER 20A OF THE CODE OF
ORDINANCES; PROVISiNG A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the Council of the City of Sebastian
is presently studying a complete revision to the existing
zoning and other related ordinances; and
WHEREAS, the Council finds and determines that
there is an immediate need to adopt an ordinance which
creates a Planned Unit Development district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I.
That Section III of Ordinance 202 of the City
of Sebastian, Florida, the same~being the Zoning Ordinance,
is hereby amended to read as follows:
Section III. Districts and Boundaries Thereof:
In order to regulate and limit the height and size
of buildings; to regulate and limit the intensity of the ~se
of lot areas; to regulate and determine the areas of open
spaces within the surrounding buildings; to classify, regulate
SECTION II.
If any section, subsection, sentence, clause,
phrase or word of this ordinance is for any reason held
unconstitutional or invalid, for any reason, such ruling
shall not affect the validity or constitutionality of any
of the remaining portions of this ordinance.
SECTION III.
This Ordinance shall take effect immediately
upon becoming law.
I HEREBY CERTIFY that the foregoing Ordinance
was finally passed by the City Council of the City of
Sebastian, Florida, on the ~ day of~~
ATTEST:
City Clerk
MayOr, Cify of se~ian
1983.
I HEREBY CERTIFY that Notice of Public Hearing
of the foregoing 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 SO0~,~,, on the ~ day
1983, and that the foregoing Ordinance was duly passed and
adopted by the City Council of the City of Sebastian,
Florida, on the ~ day of ~~ , 1983.
City Clerk
OUTLINE OF ARTICLE IV:
PLANNED UNITDEVELOPMENT DISTRICT REGULATIONS
Section 20A-4.1: PURPOSE ................................... IV-1
Section 20A-4.2: CONFORMANCE WITH ZONING CODE .............. IV-1
Section 20A-4.3: COMPLIANCE WiTH SUBDIVISION REGULATIONS... IV-1
Section 20A-4.4: PUD REQUIREMENTS CONTINUING ............... IV-1
Section 20A-4.5: PUD (R) RESIDENTIAL PLANNED UNIT
DEVELOPMENT ............................... IV-1
Permitted Uses.
Conditional Uses.
1. Limited Commercial Development Standards.
Size and Dimension Regulations.
1. Maximum Density.
2. Open Space.
3. Frontage and Accessibility.
4. Trash and Utility Plant Screens.
5. Signs.
Section 20A-4.6: PUD (C) COMMERCIAL PLANNED UNIT
DEVELOPMENT (RESERVED) .................... IV-3
Section 20A-4.7: PUD (I) INDUSTRIAL PLANNED UNIT
DEVELOPMENT (RESERVED) ....................
IV-3
Section 20A-4.8: PUD (MH) MOBILE HOME PLANNED UNIT
DEVELOPMENT (RESERVED) ....................
IV-3
Section 20A-4.9: GENERAL PROCEDURE FOR PUD ZONING:
CONCEPTUAL DEVELOPNENT PLAN .............. IV-3
A. Preapplication Conference.
B. Initial Filing.
C. Fee for PUD Zoning Review.
D. Ownership Requirements for Application.
E. Review Procedures for PUD Zoning.
1. Staff Review.
2. Criteria for Review.
3. Review by Planning and Zoning Commission and
City Council.
Section 20A-4.10: GENERAL PROCEDURE FOR PRELIMINARY
REVIEW ................................. IV-8
Filing Preliminary Development Plan.
Fee for Preliminary Development Plan Review.
Ownership Requirements for Application.
m
Review Procedures for Preliminary Development
Plan.
1. Staff Review.
2. Criteria for Review.
3. Review by Planning and Zoning Commission and
City Council.
Section 20A-4.11: GENERAL PROCEDURE FOR FINAL PUD PLAN
REVIEW ................................. IV-13
A. Filing Final PUD Plan.
B. Filing Staged Final PUD Plans.
C. Time Limit for Submission of Final PUD Plan.
D. Fee for Review of Final PUD Plan.
E. Ownership Requirements for Application.
F. Review Procedures for Final PUD Plan.
1. Staff Review.
2. Criteria for Final PUD Plan Review.
3. Review and Action by City Council.
G. Commencement of Development.
H. Failure to Comply with Final PUD Plan.
I. Minor Changes.
J. Occupancy and Use.
Section 20A-4.12: CONCEPTUAL DEVELOPMENT PLAN: FORM AND
CONTENT ................................ IV-16
A. Vicinity Map.
B. Property Boundaries.
C. Existing Conditions.
D. Development Plan.
1. Land Use.
2. Circulation.
3. Area.
4. Densities.
5. Non-Residential Square Footage.
E. Written Material.
1. Planning Objectives.
2. Development Schedule.
3. Environmental Impact Statement.
4. Public Facility Impact Statement.
5. Additional Information.
Section 20A-4.13: PRELIMINARY DEVELOPMENT PLAN FORM AND
CONTENT ................................ IV-18
A. Written Material.
1. Development Schedule.
2. Quantitative Data.
3. Updated Environmental Impact Statement and
Environmental Survey.
4. Updated Public Facility Impact Statement.
5. DRI Information.
6. Additional Information.
ii
B. Graphic Element of Development Plan.
1. Plat and Site Plan.
2. General Appearance.
3. Dedication or Reservations of Land for Public Use.
4. Vehicular, Pedestrian and Bicycle Circulation and
Parking.
5. Open Space and Landscape Plan.
6. Information Concerning Adjacent Lands.
7. Additional Information.
Section 20A-4.14: FINAL PUD PLAN FORM AND CONTENT ....... IV-22
A. Required Content and Characteristics.
1. Preparation by Professional.
2. Scale.
3. Compliance.
4. Name.
5. Legal Description.
6. Adjacent Subdivision Rights-of-Way, and
Easements.
7. Plat Boundaries.
8. Bearing and Monuments.
9. Plat Delineations.
10. Lot and Block Numbers.
11. Dedications.
12. Lot and Parcel Dimensions and Area.
13. Seal by Land Surveyor.
14. Acknowledgement of Plat Adoption and
B. Additional Certificates for Final PUD Plan
Approval.
1. As-Built Plan,
2. Engineers Certification of Improvements.
3. Certificate of Title or Attorney's Opinion.
4. Certification of Payment of Taxes and
Assessments.
5. Certificate of Preliminary Development Plan.
6. Verification of Final PUD Plat.
Section 20A-4,15: OPEN SPACE AND LANDSCAPED AREAS ....... IV-25
Section 20A-4.16: ENFORCEMENT AND PENALTIES ............. IV-26
Section 20A-4.17: SAVINGS CLAUSE ........................ IV-27
ARTICLE IV: PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS
SECTION 20A-4.1: PURPOSE
This district is intended to carry out the following objectives:
1) Promote innovative and creative design of residential and non-
residential areas; 2) Promote efficient use of land by facilitating a more
economic arrangement of buildings, circulation systems, land use and
facilities; 3) Encourage high standards in the layout, design and construc-
tion of residential and non-residential development and promote opp'or-
tunities for varied housing types; 4) Conserve and protect the natural
environment through flexibility and design and preserve environmentally
sensitive lands; 5) Provide for more useable and suitably located open
space and recreation facilities and other public and common facilities than
would otherwise be provided under conventional land development procedures;
and 6} Achieve harmonious building and site designs.
SECTION 20A-4.2: CONFORMANCE WITH ZONING CODE
Each PUD submitted shall conform to all provisions of this Chapter,
except that bulk regulations governing lot and yard setbacks may be modi-
fied as herein set forth.
SECTION 20A-4.3: COMPLIANCE WITH SUBDIVISION REGULATIONS
All PUD applications shall be reviewed pursuant to provisions of this
Article. In addition, PUD applications shall comply with provisions of the
subdivision control ordinance. Planned unit development plans submitted
under this Article must be in a form which will satisfy the requirements of
the subdivision control ordinance for preliminary and final plats. Review
time for plats shall conform to provisions of this Article.
SECTION 20A-4.4: PUD REQUIREMENTS CONTINUING
The requirements of Article IV shall be continuing and enforceable
against any PUD approved pursuant to this Article. This Section is en-
forceable against open space, landscape and tree preservation requirements
existing or as hereafter may be adopted.
SECTION 20A-4.5: PUD (R) RESIDENTIAL PLANNED UNIT DEVELOPMENT
This section provides specific regulations governing the development
of planned unit developments (PUD) in areas designated for residential
development on the Comprehensive Land Use Plan Map.
A. Permitted Uses. The following land uses are permitted within the
PUD (R) District subject to compliance with provisions of this code:
Single family attached or detached dwellings, duplex, and multifamily
housing; and any other uses permitted by right in the underlying
residential district.
B. Conditional Uses. Any conditional uses permitted in the underly-
ing distri6t~ subject to compliance with the provisions of this code.
iV-1
1. Limited Commercial Development Standards. In addition,
limit~'d commercial development may be allowed subject to the
following conditions:
(a) Design and Market Orientation. Any uses of a commer-
cial nature shaTl'~ designated to primarily serve the needs
of the residents of the planned development in which they
are located, and such uses shall be designed so as to
maintain and protect the residential character of the
planned development and adjacent residential neighborhoods
as well. In order to accomplish these purposes:
(i) Enclosure. Such commercial uses shall be conduct-
ed with'Tn a completely enclosed building with no
outside display, except those uses which by their
nature must be conducted outside a building. Any such
outside storage use shall be reviewed by the Planning
and Zoning Commission and City Council. If found
acceptable, such use shall be screened by a masonry
wall or fence or a combination berm and landscaping
with a wall or fence and shall provide a ninety {90)
percent opaque screen.
(ii) Land Area. At the option of the developer, the
maximum total land area, including all at-grade off-
street parking and loading areas in connection there-
with, devoted to said commercial uses shall be calcu-
lated using one of the two methods: (a) the PUD(R}
development may contain as much commercial land area as
was permitted in any underlying commercial zoning
district, although the location of the commercial
activities need not be limited to the boundaries of the
underlying commercial district; or (b) the PUD(R}
development may contain commercial development based on
the applicable ratio of:
-- 125 square feet of commercial land area per
dwelling for PUD{R) with a density of five (5)
dwelling units per acre or less.
-- 100 square feet of commercial land area per
dwelling for PUD(R) with a density above five {5)
dwelling units per acre.
{b) Issuance of Building Permits. No Building Permit for
any commercial establishment shall be issued nor may any
building be used for a commercial establishment before
building permits for at least fifty (50) dwelling units in
the PUD project have been issued.
C. Size and Dimension Regulations.
1. Maximum Density. The Comprehensive Plan land use desig-
nation shall govern the maximum density permitted. No credit
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shall be given for land use for nonresidential purposes in
calculating density.
2. ~ A minimum of fifty percent (50%) of the site
shall be preserved as permeable open space.
3. Fronta..ge and Accessibility. Every dwelling unit or other
use permitted in the PUD (R) s'h~'ll have access to a public street
either directly or via an approved private driveway, pedestKian
way, court, or other area dedicated to public use or private use
or common element guaranteeing access.
4. Trash and Utility Plant Screens. In the PUD (R) district
all central refuse, trash and garbage collection containers shall
be screened from sight or located in such a manner so as not be
visible from any street within or adjacent to the district.
5. Signs. Signs in the PUD (R) district shall be permitted only
in accordance with an approved sign plan submitted with the
development plans. Such sign plan should provide for effective
sign controls on the type, height, number, size, and location of
all signs in the development, and shall be designated to minimize
sign proliferation and maximize the architectural integration of
all signs into the development.
SECTION 20A-4.6: PUD (C) COMMERCIAL PLANNED UNIT DEVELOPMENT
Reserved.
SECTION 20A-4.7: PUD (I) INDUSTRIAL PLANNED UNIT DEVELOPMENT
Reserved.
SECTION 20A-4.8: PUD (MH) MOBILE HOME PLANNED UNIT DEVELOPMENT
Reserved.
SECTION 20A-4.9: GENERAL PROCEDURE FOR PUD ZONING: CONCEPTUAL
DEVELOPMENT PLAN
Petitions for PUD zoning shall be submitted and processed as zoning
amendments generally and in accordance with the following special proce-
dures:
A. Preapplication Conference. Prior to submitting a formal appli-
cation for PUD zoning, the petitioner is encouraged to confer with the
City staff and other agencies and officials involved in the review and
processing of such applications and related materials. The petitioner
is further encouraged to submit a tentative land use sketch plan for
review at the conference, and to obtain information on any projected
plans, programs or other matters that may affect the proposed planned
community. This preapplication conference should address, but not be
limited to, such matters as:
IV-3
(1} The proposed relationship between the anticipated project
and surrounding uses, and the effect of the proposed development
on the City of Sebastian Comprehensive Plan and/or stated
planning and development objectives of the City.
(2) The adequacy of existing and proposed streets, utilities,
and other public facilities to serve the development.
(3) The nature, design, and appropriateness of the proposed land
use arrangement for the size and configuration of property
involved.
B. Initial Filing. Before a PUD shall be approved, an application
for such approval shall be filed together with the requisite fee at
the office of the Mayor. Such applications shall contain the follow-
ing materials or data in sufficient quantities for necessary re-
ferrals and records:
(1) The evidence of unified control of the proposed planned
development and the associated agreements required herein.
(2) A proposed Conceptual Development Plan as prescribed in
Section 20A-4.12 herein.
(3) Such other materials as the petitioner may feel is applica-
ble to and in support of the PUD zoning.
(4) Any additional information as may be required by the Plan-
ning and Zoning Commission or the City Council at the time of any
public hearing.
C. Fee for PUD Zoning Review. The minimum fee for filing said
application shall be established by resolution of the City Council.
D. Ownership Requirements for Application. A PUD zoning application
shall be filed in the name of the record owner of the property includ-
ed in the PUD. However, the application may be filed by an applicant
with an equitable interest in the property, or by an attorney or agent
for the owner, provided the record owner joins in and executes the
application. All applications shall include a verified statement
showing each and every individual person having a legal equitable
and/or beneficial ownership interest in the property upon which the
application for site plan approval is sought, except corporations, in
which case the name and address of the corporation and principal
executive officers will be sufficient.
All land included for the purpose of development within a Planned Unit
Development shall be owned or under the control of the petitioner for
such zoning designation, whether that petitioner be an individual,
partnership or corporation, or a group of individuals, partnerships or
corporations. The petitioner shall present firm evidence of the
unified control of the entire area within the proposed Planned Unit
Development and shall state agreement that, if he proceeds with the
proposed development, he will:
IV-4
1. Do so in accord with the officially approved Final PUD Plan
for the development, and such other conditions or modifications
as may be attached to the special exceptions.
2. Shall provide at the time of final development review
agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the City for completion of the undertaking in
accordance with the adopted Final PUD Plan, as well as for the
continuing operation and maintenance of such areas, functions,
and facilities as are not to be provided, operated or maintained
at general public expense.
3. Bind his development successors in title to any commitments
made under 1. and 2. preceding.
E. Review Procedures for PUD Zonin9. Each applicant for PUD zoning
shall 'Su6mit a Conceptual Development Plan for review by City offi-
cials. The review process shall be carried out pursuant to this
Article. If the Conceptual Development Plan and PUD zoning are
approved, the applicant shall submit a Preliminary Development Plan
for review by City officials.
1. Staff Review. Five {5} copies of the Conceptual Development
Plan shall be submitted to the Office of the Mayor or his
designate and shall be reviewed by the Building Official, the
City Engineer, and such other staff or professional consultants
as the Mayor deems appropriate.
2. Criteria for Review. The City staff shall present its
findingsin a written report to the Planning and Zoning Commis-
sion. Staff review shall be accomplished expeditiously in order
to prevent undue delay or inconvenience, but shall not be limited
to the subdivision ordinance time frame for review of plats. The
Staff Review shall address the following criteria:
(a) Compliance with the City of Sebastian Comprehensive
Plan. The PUD Zoning ~hd Conceptual DeVelOpment Plan shall
be consistent with the land use designation denoted on the
land use map and be consistent with the policies contained
therein.
(b) Conformance with Applicable Ordinances. The PUD zoning
and Conceptual Development Plan shall comply with the
requirements of all applicable regulations and ordinances of
the City of Sebastian.
(c) Land Use Compatibility. Whether and the extent to
which th~ prOpoSal WOuld result in any incompatible land
uses, considering the type and location of uses involved.
· (d) Adequate Public Facilities. Whether. and the extent to
which the proposal would result in demands on public facil-
ities and services, exceeding the capacity of such facil-
ities and services, existing or programmed, including
IV-5
transportation, utilities, drainage, recreation, education,
emergency services, and similar necessary facilities and
services.
(e) Natural Environment. Whether and the extent to which
the proposal ~6uld result in significantly adverse impacts
on the natural environment.
(f) Economic Effects. Whether and the extent to which the
proposal WOUld adversely affect the property values in'the
area, or the general welfare.
(g) Orderly Development. Whether the proposal would result
in an'~FderlY ~6d logical development pattern, specifically
identifying any negative effects on such pattern.
(h) Public Interest; Enabling Act. Whether the proposal
would be in conflict with the pubTic interest, and is in
harmony with the purpose and interest of this ordinance and
its enabling legislation.
(i) Other Matters. Any other matters which the City staff
may deem appropriate or that would be of particular rele-
vance to the Planning and Zoning Commission and/or City
Council.
3. Review by Planning and Zoning Commission and City Council.
The Planning and Zoning Commission shall hold a public hearing on
each PUD Zoning and Conceptual Development Plan. Notice of the
public hearing shall be provided at least fourteen (14) days
prior to the hearing by certified mail to all property owners of
record within three hundred (300) feet of the outside boundary of
the PUD and by publication in a newspaper of general circulation
within the City. If approved by the Planning and Zoning Commis-
sion, the City Council shall also hold a public hearing following
the procedures as set forth in Section 166.041, Florida Statutes,
as presently constituted or hereafter amended.
(a) Considerations by the Planning and Zoning Commission.
The Commission shall consider all aspects of the Conceptual
Development Plan necessary to meet the intent and require-
ments of this Article and the Comprehensive Plan. The
Commission shall also consider the recommendations and
comments of the staff. The Commission shall use the en-
vironmental impact statement defined in Section
20A-4.12{E}{3} to identify those areas within the PUD of
critical environmental sensitivity. The Commission shall
recommend to the City Council areas of critical
environmental sensitivity to th retained in their natural
state or other appropriate measures to protect the areas.
(b} Action by the Planning and Zoning Commission. The
Commission shall recommend approval, approval with
IV-6
modifications or conditions, or disapproval; and such
recommendation shall be endorsed on the face of each copy of
the Conceptual Development Plan by the Chairman of the
Commission. The recommendation and reasons for the
Commission action shall be reduced to writing and forwarded
to the City Council.
(i) Effect of Planning and Zoning Commission Denial.
If the Commission denies the Conceptual Development
Plan, the plan shall not be considered by the.City
Council unless the applicant shall appeal the decision
of the Commission to the City Council. Such notice of
appeal must be filed in writing by the applicant to the
Office of the Nayor within ten {10} days following
action by the Commission. If the decision is not
appealed, no new PUD zoning application may be filed by
the applicant until the passage of ninety {90} days
from the date of the Commission's action.
(c) Consideration by City Council. The City Council shall
consider the recommendations and comments of the Planning
and Zoning Commission and staff. The City Council may make
such investigations as may be deemed reasonably necessary to
insure conformity with the intent and requirements of this
Article.
(d) Action by the City Council. The City Council shall
approve, approve with modifications or conditions, or deny
the Conceptual Development Plan, or may refer the plan to
the Planning and Zoning Commission for further considera-
tion. In making its decision, the City Council shall
consider all aspects of the Conceptual Development Plan
necessary to meet the intent and requirements of this
Article and the Comprehensive Plan.
(e) Conditions. In approving a Conceptual Development
Plan, the City Council may establish such conditions and may
require such modifications as shall assure compliance with
the Planned Unit Development standards and regulations and
further, the City Council may waive or modify subdivision,
site plan or other zoning requirements otherwise applicable
to the development when such waiver or conflict is not in
conflict with said Planned Unit Development standards and
regulations.
(f) Application for Rezoning. In the event that a Concep-
tual Development Plan shall be disapproved by the City
Council, the application for rezoning shall thereby be
deemed to be denied. In the event that the City Council
shall approve, or approve with modifications or conditions,
a Conceptual Development Plan, the City Council shall
thereupon grant the rezoning application accompanying said
plan.
IV-7
(g) Requests for Additional Information. Prior to, or in
addition to, approval 6¢ a Concept~'Jl Development Plan, and
upon a determination that additional information is neces-
sary for proper review of a Planned Unit Development proj-
ect, the City Council may require the submission of addi-
tional information by the applicant. The review of such
additional information shall follow the procedures applica-
ble to the review of the Conceptual Development Plan.
(h) Amendments of Conceptual Development Plans. Once a
Conceptual Development Plan has been approved, and there is
cause for amendment of the same, or any portion thereof,
such amendment shall be processed in a like manner as the
original submission. However, there shall be no requirement
to file an amended rezoning application unless the proposed
amendment would so dictate.
(i) Prescribed Time Limit for Develo£ment. The City
Council may approve a Planned Unit Development application
subject to a prescribed time limit of not more than eighteen
(18) months for the submission and approval of a Preliminary
Development Plan. Upon the failure of the developer to meet
this requirement, the City Council shall hold a public
hearing to consider terminating the approval of the
Conceptual Development Plan and the City Council may
initiate the rezoning of the property to an appropriate
zoning classification, pursuant to the procedures outlined
in the Sebastian Code of Ordinances. The prescribed time
limit for the submission approval of a Preliminary
Development Plan may be extended by the City Council, for
good cause if the developer presents evidence within the one
and one-half year period which demonstrates that the
developer has progressed in good faith toward implementing
the Concept Development Plan.
SECTION 20A-4.10: GENERAL PROCEDURE FOR PRELIMINARY REVIEW
The granting of a rezoning to a Planned Unit Development and the
approval of its accompanying Conceptual Development Plan by the City
Council shall constitute authority for the applicant to submit a Prelimi-
nary Development Plan. The Preliminary Development Plan shall be filed,
processed and reviewed pursuant to this Section.
A. Filing Preliminary Development Plan. No Preliminary Development
Plan shall be filedunless it has been prepared on the basis of a duly
approved Conceptual Development Plan. The Preliminary Development
Plan shall be submitted within the requisite time limit, as estab-
lished at Conceptual Development Plan approval or as may be extended
by Council action.
Fee for Preliminary Develogment Plan Review. The minimum fee for
iling said application shall"~e e§{ablis~ed-by resolution of the City
Council.
IV-8
C. Ownership Requirements for Application. The ownership require-
ments 'for filing a Preliminary Development Plan shall be the same as
for filing the Conceptual Development Plan as herein set forth.
D. Review Procedures for Preliminary Development Plan. Each appli-
cant for a PUD ~all sUMmit a Preliminary Development Plan for review
by City officials. The review process shall be carried out pursuant
to this Article. if the Preliminary Development Plan is approved, the
applicant shall submit a final plat for review by City officials...
1. Staff Review. Five (5) copies of the Preliminary Development
Plan including a preliminary plat thereof, shall be submitted to
the Office of the Mayor or his designate and shall be reviewed by
the Building Official, the City Engineer, and such other staff or
professional consultants as the Mayor deems appropriate.
2. Criteria for Review. The City staff shall present its
findings in written report to the Planning and Zoning Commission.
Staff review shall be accomplished expeditiously in order to
prevent undue delay or inconvenience, but shall not be limited to
the subdivision ordinance time frame for review of plats. The
staff review shall address the following criteria:
(al .Compliance with Subdivision Regulations. The Prelimi-
nary Development Plan shall comply with the preliminary plat
requirements of the subdivision ordinance, Chapter 24 of the
Code of Ordinances.
(b) Compliance with Zoning Regulations. The Preliminary
Development Plan shall comply with all zoning requirements,
including site plan review, except as modified by provisions
of this Article.
(il Modified Building Setbacks. Subject to approval
by the Planning and Zoning Commission and City Council,
building setbacks may be modified from the provisions
of the underlying zoning districts. Modified building
setbacks shall be set forth on the preliminary and
final PUD plat and shall be enforced by the City as if
the setbacks were provisions of the underlying zoning
districts. Building setbacks may be modified only in
accordance with the following criteria:
-- Pri~acy. The modified building setback shall
provide privacy within any proposed residential
units. The modified building setback shall take
into consideration the location and size of
windows and their relation to public and semipub-
lic areas, streets and other windows and screen-
ing.
-- Light and Air. The modified building setback
shall ~r6vide adequate light and air' taking into
m
IV-9
consideration the relationship between window size
and adequate light and air.
-- Use. Adjoining modified building setbacks
may eb-~mused for similar and compatible uses.
Modified building setbacks may be grouped such
that their utility is increased. The use of a
modified setback shall be a factor in granting
approval of setback modification.
-- Buildin~ Configuration. Building configura-
tion and the relationship between building config-
uration and privacy, light, air as well as the
compatibility of modified building setback uses
shall be factors in granting approval of setback
modifications.
-- Fire Exposure. Fire exposure of proposed PUD
buildings, ground floor area of buildings, height
of buildings, occupancy usage, type of construc-
tion, availability of water for fire flow, and
spacing of fire hydrants shall be factors in
granting approval of setback modifications.
(ii) Requirt~ Perimeter Buildin9 Setback. No building
shall be located closer than thirty {30) feet to any
right-of-way or to the perimeter property line of a
PUD. One (1) foot of perimeter setback shall be added
for each two {2) feet or fraction thereof of building
height over twenty-five {25) feet. The perimeter
building setback shall be landscaped and maintained
pursuant to the standards of landscape provisions
within the code.
(iii) Modification in Minimum Lot Size in Single
Famil~ ~i'strict. "Modi"fiE'~ti66s may be permitted in ~he
m~nimum lot size if the following criteria is met:
-- ~ The modification must provide for
innovative design that.advances the purpose of the
PUD as set forth in Section 20A-4.1 and in the
applicant's statement of project objectives.
-- Use of..Open .Sp~ce. The modifications must
provide for more abundant open space which is
functional and well landscaped, and shall include
significant recreational amenities generally not
included in conventional residential developments.
-- Compliance with Other Preliminary Development
Plan Requirements. The Preliminary Development
'Plan shall include all requirements of preliminary
development plans herein stated. This information
shall be used to evaluate compliance with the
IV-lO
purpose and intent of the PUD district stated in
Section 20A-4.1.
3. Review by Planning and Zoning Commission and Cits Council.
The P~anning and Zoning Commission shall hold a meeting to review
the Preliminary Development Plan. If approved by the Planning
and Zoning Commission, the City Council shall also review the
plan and approve said plan prior to the submission of any Final
Development Plan.
(a) Considerations by the Planning and Zoning Commission.
The Commission shall conSideFall aspects of the Preliminary
Development Plan necessary to meet the intent and require-
ments of this article and the comprehensive plan. The
Commission shall also consider the recommendations and
comments of the staff. The Commission shall use the updated
environmental impact statement defined in Section
20A-4.13{A)(3) to identify those areas within the PUD plat
of critical environmental sensitivity. The Commission shall
recommend to the City Council areas of critical environ-
mental sensitivity to be retained in their natural state or
other appropriate measures to protect the areas.
(b) Action by the Plannin9 ~apd .Zoning Commission. The
Commission shall recommend approval, approval with modifica-
tions or conditions, or disapproval; and such recommendation
shall be endorsed on the face of each copy of the Prelimi-
nary Development Plan plat by the Chairman of the Commi-
ssion. The recommendation and reasons for the Commission
action shall be reduced to writing and forwarded to the City
Council.
(i) Effect of Planning and Zoning Commission Denial.
If the Commission denies the Preliminary Development
Plan, the plan shall not be considered by the City
Council unless the applicant shall appeal the decision
of the Commission to the City Council. Such notice of
appeal must be filed in writing by the applicant to the
Office of the Mayor within ten (10) days following
action by the Commission. If the decision is not
appealed, no new PUD application may be filed by the
applicant until the passage of ninety (gO) days from
the date of the Commission's action.
(c) consideration by ~ity Council. The City Council shall
consider ~he recommendations and comments of the Planning
and Zoning Commission and staff. The City Council may make
such investigations as may be deemed reasonably necessary to
insure conformity with the intent and requirements of this
Article.
(d) Action by the City Council. The City Council shall
approve, approve with modifications or conditions, or deny
the Preliminary Development Plan, or may refer the plat to
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the Planning and Zoning Commission for further considera-
tion. In making its decision, the City Council shall
consider all aspects of the Preliminary Development Plan
necessary to meet the intent and requirements of this
Article and the Comprehensive Plan.
{el Conditions. In approving a Preliminary Development
Plan, the t'T~y Council may establish such conditions and may
require such modifications as shall assure compliance with
the Planned Unit Development standards and regulations and
further, the City Council may waive or modify subdivision,
site plan or other zoning requirements otherwise applicable'
to the development when such waiver or conflict is not in
conflict with said Planned Unit Development standards and
regulations.
(fl Requests for Additional information. Prior to, or in
addition to, approval of a Preliminary Development Plan, and
upon a determination that additional information is neces-
sary for proper review of a Planned Unit Development proj-
ect, the City Council may require the submission of addi-
tional information by the applicant. The review of such
additional information shall follow the procedures applica-
ble to the review of the Preliminary Development Plan.
(gl Amendments of Preliminary Development Plans. Once a
Preliminary Development Plan has been approved, and there is
cause for amendment of the same, or any portion thereof,
such amendment shall be processed in a like manner as the
original submission. However, there shall be no requirement
to file an amended rezoning application and Conceptual
Development Plan, unless the proposed amendment would so
dictate.
(h) Prescribed Time Limit for Development. The City
Council may approve a ~ianned Unit Development application
subject to a prescribed time limit of not more than eighteen
{18) months for the submission and approval of a Final PUD
Plan. Upon the failure of the developer to meet this
requirement, the City Council shall hold a public hearing to
consider terminating the approval of the Preliminary
Development Plan and the City Council may initiate the
rezoning of the property to an appropriate zoning
classification pursuant to the procedures outlined in the
Sebastian Code of Ordinances. The prescribed time limit for
the submission and approval of the Final PUD Plan may be
extended by the City Council, for good cause if the
developer presents evidence within the eighteen month period
which demonstrates that the developer has progressed in good
faith toward implementing the Preliminary Development Plan.
{il Changes in Preliminary Development Plan. if a Final
PUD Plan is submitted which includes changes from the
approved Preliminary Development Plan, the Building Official
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shall review the plan to determine the effect of the PUD and
consistency with applicable ordinances. The Building
Official and Commission Chairman shall determine whether any
changes are of such significance that the Preliminary
Development Plan should be re-submitted to the Planning and
Zoning Commission. In any case of doubt, the Preliminary
Development Plan shall be re-submitted for Commission
approval. All minor changes shall be approved by the City
Engineer, Building Official and Commission Chairman.
SECTION 20A-4.11: GENERAL PROCEDURE FOR FINAL PUD PLAN REVIEW.
Approval of the Preliminary Development Plan by the City Council shall
constitute authority for the applicant to submit a Final PUD Plan prepared
in accordance with the approved Preliminary Development Plan and all
conditions as may have been required by the City Council. A Final PUD
Plan, including a plat thereof, shall not be considered approved by the
City Council and shall not be recorded in the records of Indian River
County until it has been approved in a manner prescribed herein.
A. Filing Final PUD Plan. No Final PUD Plan shall be filed unless
it has §een prepared on the basis of a duly approved Preliminary
Development Plan. Five (5) copies of the Final PUD Plan shall be
filed with the Office of the Mayor together with the requisite fee for
processing and reviewing the said plan.
B. Filing Staged Final PUD Plans. A Final PUD Plan may be prepared
and submitted for the6ntire Plan6'ed Unit Development at one time, or
for the approved development stages on an individual basis.
C. Time Limit for Submission of Final PUD Plan. The Final PUD Plan
for either the entire Planned unit Development or the first phase{s)
thereof shall be submitted within eighteen {18) months of the date of
approval of the Preliminary Development Plan or within such extended
periods as the Council may authorize.
D. Fee for Review of Final PUD Plan. A minimum fee for filing a
Final PUD Plan shall be as resolved by the City Council from time to
time.
E. Ownership RequiremeQ.~s.~or Application. The ownership require-
ments f66~iling a Final'PUD plan shall be the same as for filing the
Conceptual Development Plan as herein set forth.
F. Review Procedures for Final PUD Plan. Each applicant for a Final
PUD Plan shall submit said plan for review by City Officials. The
review process shall be carried out pursuant to this Article.
1. Staff Review. The Office of the Mayor shall transmit the
final PUD plat to the Building Official, City Engineer and such
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other staff or professional consultants as may be deemed nece-
ssary.
As part of the staff review, the Building Official shall review
the Final PUD Plan to assure that all public improvements are
constructed and in place pursuant to the approved plans and
specifications, and that no outstanding indebtedness is due for
said improvements. As an alternate surety, the applicant may
deposit a certified check, cash, or other bonding provision as
the City Council deems adequate to insure total compliance.-'The
bond requirement shall be established based on procedures to be
adopted by resolution of the City Council.
2. Criteria for Final PUD Plan Review. The City staff shall
report its findings in a written report to the Planning and
Zoning Commission. The staff report shall evaluate the said plan
based on the following criteria:
(a) Compliance with Preliminary Development Plan. The
Final PUD Plan s~a'i~i incorporate all changes, modifications,
and conditions required for approval of the Preliminary
Development Plan. The Final PUD Plan may constitute only
that portion of an approved Preliminary Development Plan
which the applicant proposes to currently record and deve-
lop, provided all requirements of this Article are satisfied
by such portion standing alone.
If a Final PUD Plan is submitted which includes changes from
the approved Preliminary Development Plan, the Building
Official shall review the plan to determine the effect of
the PUD and consistency with applicable ordinances. The
Building Official and Co~ission Chairman shall determine
whether any changes are of such significance that the
Preliminary Development Plan should be re-submitted to the
Planning and Zoning Commission. in any case of doubt, the
Preliminary Development Plan shall be re-submitted for
Commission approval. All minor changes shall be approved by
the City Engineer, Building Official and Commission Chair-
man.
{b} Compliance with Subdivision Ordinance. The Final PUD
Plan -~ plat thereof shall comply with the Subdivision
Ordinance, Chapter 24 of the City of Sebastian Code of
Ordinances.
(c) Compliance with Final PUD Plan Requirements. The Final
PUD Plan shall comply With all req6~rements for form and
content of a Final PUD Plan herein stated. This information
shall be used to evaluate compliance with the purpose and
intent of the PUD district. All permitted and conditional
uses shall be allowed only in the location shown on the
approved Final PUD Plan.
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(d) Compliance with Other Re~gulationsj Ordinal.n.~es~ and
Statutes. The~lrinal PUD Plan shall comply with all other
provisions of this Article as well as provisions of this
Chapter which are not in conflict with this Article and
shall comply with all other applicable regulations, ordinan-
ces, and statutes of the City, County and State concerning
final plats and site plan review.
3. Review and Action by City Council~ Upon receipt of the
written staff evaluation of the Final PUD Plan, the City Cou6cil
shall consider said plan. Such consideration shall be predicated
on criteria listed in the above paragraph. The City Council
shall approve, approve with conditions or modifications, or deny
the Final PUD Plan. The signature of the Mayor, date of approval
and the Seal of the City Council on the Final PUD Plan shall
certify that the Final PUD Plan has been adopted. However, no
plan approved with conditions or modifications shall be executed
until such conditions or modifications are carried out. The
Office of the Mayor shall provide the applicant with written
notice of its action, including reasons for rejection in cases of
denial.
G. Commencement of Development.. Following the approval of the Final
PUD Plan by the City Council, the plat of the Final PUD Plan shall be
filed by the applicant with the Indian River County Court Clerk. The
applicant shall be authorized to apply for other necessary permits to
proceed with the construction and development of the Planned Unit
Development project.
H. Failure to Comply with Approved Final PUD Plan. Failure to comply
with the requirements of the approved Final PUD Plan and any con-
ditions imposed in its final approval, including time conditions,
shall constitute a violation of this Article. Upon finding by the
City Council that the developer has failed to comply with the con-
ditions of any staging plans or prescribed time limits, the approval
of the Final PUD Plan shall be automatically terminated. Prior to
continuing with the Planned Unit Development, the developer shall
reapply to the City Council for approval to continue. The City
Council may authorize the petitioner to continue under the terms of
the Final PUD Plan approval or may require the developer to re-submit
the application in conformance with any step outlined in the procedure
for Preliminary Development Plan or Final PUD Plan approval. No
subsequent plan or re-approval shall effect an increase in the overall
project density or change in use as established in the original
Conceptual Development Plan approval.
I. Minor Changes in Approved Final PUD Plan. Minor changes from the
approved Final PUD Plan in the l'oca(~lon or siting of buildings and
structures or in the landscape plan may be authorized by signature of
the City Engineer, Building Official and Chairman of the Planning and
Zoning Commission, if required by engineering or other circumstances
not foreseen at the time the Final PUD Plan was approved. No change
authorized by this subsection may cause any of the following:
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1. A change in the use or character of the PUD plan;
2. An increase in overall coverage of structures;
3. An increase in the intensity of use, or the density;
4. An increase in the problems of traffic circulation and
public utilities;
5. A reduction in approved open space;
6. A reduction in required pavement widths;
7. A violation of a specific requirement or condition of this
Article. Changes, erasures, modifications, additions or revi-
sions shall not be made to a final PUD plat after the City
Council approval has been given, unless the final PUD plat is
resubmitted for approval, except as required by law for clarifi-
cation.
All changes in use, re-arrangement of lots and blocks, changes in the
provision of common open spaces, and other changes except those listed
in the paragraph above, may be allowed at the discretion of the City
Council. Such amendments may be made only if they are shown to be
required by changes in conditions that have occurred since the Final
PUD Plan was approved, or by changes in adopted community policy. Any
changes which are approved in the Final PUD Plan must be recorded as
amendments in accordance with the procedure established for the
recording of the Final PUD Plan.
J. Occupancs and Use of Premises. Prior to the use or occupancy of
any portion of the Planned Unit Development project, the developer
must satisfy all the provisions of the approved Final PUD Plan as
stipulated herein, and obtain all necessary permits.
SECTION 20A-4.12: CONCEPTUAL DEVELOPMENT PLAN: FORM AND CONTENT.
An official application for PUD zoning shall be accompanied by a
Conceptual Development Plan which includes as a minimum, the following:
A. Vicinity Map. A vicinity map drawn to scale which clearly shows
the site in relationship to its surroundings. Where the project
exceed 100 acres in area, an aerial photograph made within the last
two (2) years at a scale of at least one (1) inch : 500 feet showing
all property within 1,000 feet of the project boundaries.
B. Propert~ Boundaries. The approximate location and dimensions of
all boundarY l'ine~ 6f the development, and of any contiguous lands,
including those separated only by a street, canal, or similar feature,
in which the developer or property owner presently has any legal
interest.
C. Existing Conditions. The approximate location, nature, and
extent of all existing easements, streets, buildings, land uses,
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iv-16
historic sites, zoning, tree groupings, wetlands, watercourses, and
general U.S. Coast and Geodetic sheet topographic contours on the
site, the names of the property owners of record and existing zoning
and land uses for all contiguous property; the approximate location
and width of all existing or platted streets, drainage ways,
utilities, and similar features contiguous to the site.
D. Development Plan.
1. Land Use. The approximate locations, intensity, and a6re-
ages of general land uses including dwelling unit types and
general types of non-residential uses, open spaces, recreational
facilities, and other proposed uses.
2. Circulation. Circulation facilities plan showing approxi-
mate~)-°-C~-t-(ons and types of all access points and major streets.
3. Area. Total project acreage.
4. Densities. Proposed densities for each dwelling unit type
and approximate number of dwelling units by type.
5. Non-Residential Square Footage. Approximate square footage
of ali non-residential land uses by general type, e.g., offices,
neighborhood commercial, industrial, etc.
E. Written Material.
1. Planning Objectives. A statement of planning objectives to
be ad'hi'eved 'by ~e PUD through the particular approach proposed
by the applicant. This statement should include a description of
the character of the proposed development and the rationale
behind the assumptions and choices made by the applicant.
2. Development Schedule. A proposed development schedule
indicating the approximate starting and completion dates for the
entire project and any phases thereof, together with appropriate
identification and conceptual description of such phases.
3. Environmental Impact Statement. A statement explaining the
positive and negative environmental impacts of the proposed
development on: 1) environmentally fragile lands including
wetlands, flood plain, and any other significant features;
b)
natural vegetation, including general tree removal estimates and
impact of proposed grading plan and drainage system improvements;
and d) other significant natural features of site.
4. Public Faci]ity Impact Statement. A statement identifying
the estimated ~mpact of the proposed development on public
facilities including: a) quantity of wastewater generated; b)
quantity of potable water required; c) description of recreation
facilities proposed; d) estimated number of school age children
expected within the development; e) estimated property tax and/or
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IV-17
sales tax revenue generated by the project by phase; and f) any
other positive or negative significant public facility impact.
5. Additional Information. Any other additional material and
information as the City Staff, Planning and Zoning Commission or
City Council may reasonably require.
SECTION 20A-4.13: PRELIMINARY DEVELOPMENT PLAN FORN AND CONTENT.
A Preliminary Development Plan shall be submitted along with al.l-' of
the material included in the approved Conceptual Development Plan. The
Preliminary Development Plan shall include the following:
Ae
Written Material:
1. Development Schedule. A development schedule indicating the
approximate date when construction of the PUD or stages of the
PUD can be expected to begin and be completed.
2. Quar~titative Data:
(a)' Total number of dwelling units by type.
(b) Total parcel size.
(c) Proposed lot or building site coverage by buildings and
structure.
(d) Proposed lot or building coverage by impervious surfa-
ces, other than buildings and structures.
(e) Gross and net residential density.
(f) Proposed amount of open space.
{g) Proposed amount of public lands including all dedicated
rights-of-way, easements, and other lands dedicated for
public facilities and services.
3. Updated Environmental Impact Statement and Environmental
Survey. A statement explaining any additional information that
may have been gathered or calculated since the approval of the
Conceptual Development Plan concerning any positive or negative
environmental impacts that may be associated with the develop-
ment. This statement shall include all environmental information
that may be submitted as part of the Development of Regional
Impact (DRI) review process, as applicable. The updated environ-
mental impact statement shall also include an environmental
survey shewiF,§ the existing and proposed site conditions, includ-
ing cenlcurs at two-foot intervals; watercourses; flood plains;
uF, ique natural features; areas of environmental concern; historic
features; and trees and vegtative cover shown in a tree survey.
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IV-lB
The environmental survey shall identify trees on the site,
drainage, and the various aesthetic characteristics of the
subject site and of adjacent areas, and shall identify those
portions of the area deemed to be of critical environmental
sensitivity. The Planning and Zoning Commission may grant a
waiver to the tree survey requirement upon recommendation by the
City Engineer. In such case, an aerial photograph denoting the
tree canopy at a scale acceptable to the City Engineer shall be
submitted in lieu of the tree survey.
4. ..~pdated Public Facility Impact Statement. A statement
identifying any additional data or information that may have
gathered or calculated since the approval of the Conceptual
Development Plan, concerning any impacts of the development on
public facilities including: a) quantity of wastewater generat-
ed; b) description of proposed recreational facilities; c)
quantity of potable water required; d) estimated number of school
age children expected within the development; e) estimated
property tax and/or sales tax revenue generated by the project by
phase; and f) any other positive or negative public facility
impact. In addition, the statement shall also include all public
facilities impact information that may be submitted as part of
the Development of Regional Impact {DRI) review process, as
applicable.
5. DRI Information. If any Planned Unit Development qualifies
as a 'Development o~Regional Impact, as defined in Chapter 380,
Florida Statutes, such projects shall include all data submitted
as part of the required Application for Development Approval
(ADA).
6. Additional Information. Any other additional information or
material, including a traffic impact analysis, which the City
Staff, Planning and Zoning Commission or City Council may rea-
sonably require.
Graphic Element of Development Plan.
1. Plat and Site Plan. A preliminary plat and site plan shall
be submitted in accordance with the provisions of the subdivision
regulations and zoning ordinance as constituted or may be amend-
ed. The preliminary plat and site plan shall include maps
necessary to show at least the following:
(a) Proposed name of the PUD, title of map, name of City,
and description of section, township and range.
(b) Name and address of record owners, applicant, and
person preparing preliminary development plan.
(c) The locations and names of abutting subdivisions and
the names of owners of record of adjacent acreage.
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IV-lg
,(
(d) Date, north arrow and graphic scale acceptable to the
City Engineer.
(e) Legal description and survey of the proposed PUD
boundaries made and certified by the Florida registered land
surveyor.
(f) Proposed lot or building site lines with dimensions,
setbacks, and landscaped yards. Location and floor area
size of all existing and proposed buildings, structures,~-and
other improvements. Designation of all dwelling unit types
and number of units. Net residential density calculations.
Plans for non-residential uses shall include the square
footage allocated to each respective use.
(g) Any desired changes from the underlying zoning regula-
tions, and the boundaries of underlying zoning districts.
(h) Location, name and dimensions of all existing and
proposed dedicated public lands and the conditions of such
dedication.
(i) The width and location of any street or other public
way shown upon the comprehensive plan within the PUD and the
proposed width, location and grade of all streets or other
public ways proposed by the applicant.
(j) Location of closest available City water supply system
and proposed preliminary design for water service improve-
ments, including proposed level of service, general location
of facility improvements, and schematic drawings as required
by the City Engineer. The final construction drawing shall
not be required prior to preliminary plan approval, but
shall be required prior to commencement of the installation
of such improvements.
(k) Area in square feet of each lot or building site, to be
indicated in a rectangle within each lot or building site.
(1) Typical cross-sections of proposed streets, sidewalks,
canals and ditches and other proposed improvements.
(m) Location of proposed wastewater collection system and
proposed preliminary design of wastewater collection
improvements, including proposed location of improvements,
level of service proposed, and schematic drawings as
required by the City Engineer. Final construction drawings
shall not be required prior to Preliminary Development Plan
approval, but shall be required prior to co~encing the
installation of such facilities.
(n) Location of proposed improvements for collecting and
discharging surface drainage and the preliminary design of
such facilities, including the proposed level of service,
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and schematic drawings as required by the City Engineer.
Final construction drawings shall not be required prior to
Preliminary Development Plan approval, but shall be
submitted prior to commencing the installation of such
facilities.
(o) Location and preliminary design of proposed bridges or
culverts which may be required, including the type of
facility and general level of service as well as schematic
drawings as required by the City Engineer. Final
construction drawings shall not be required prior to
Preliminary Development Plan approval, but shall be required
prior to commencing the installation of such improvements.
(p) Proposed locations and preliminary designs for side-
walks, curbs, storm drainage facilities, water mains,
sanitary sewers, fire hydrants, and flow facilities.
(q) Location and width of proposed permanent utility
easements. The easements shall provide satisfactory access
to existing rights-of-way or other open space shown upon the
tentative PUD plat. Permanent drainage easements shall also
be shown.
(r) Where the tentative PUD plat covers only a part of
contiguous rear property owned by the applicant, a master
phasing plan shall also be required unless the application
certifies that the remaining real property shall be devel-
oped independently of the proposed PUD plat.
(s) The proposed treatment of the perimeter of the PUD
plat, including material and techniques used, such as
landscape, fences and walls for screening and buffering.
2. General Appearance. Graphic presentation of the general
features of proposed structures, excluding single family detached
dwellings, including:
(a) Floor plans and square footage of all multi-family and
non-residential buildings or structures.
{b) Elevations, sections and/or perspectives as necessary
to indicate the basic architectural intent, the height of
buildings and structures, and the general window and door
arrangements.
3. Dedication or Reservations of Land for Public Use. The
location and size, in acres or square feet, of ail areas to be
conveyed, dedicated or reserved as open spaces, public parks,
recreational areas, school sites, and similar public uses.
4. Vehicular, Pedestrian and Bicycle Circulation and Parking.
The existing and proposed circulation system of arterial, collec-
tor, and local streets including off-street parking areas,
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service areas, loading areas, and major points of access to
public rights-of-way (including major points of ingress and
egress to the development). Notations of proposed ownership --
public or private -- shall be included where appropriate.
The existing and proposed pedestrian and bicycle circulation
system, including its interrelationship with the vehicular
circulation system indicating proposed treatments of points of
conflict.
5. Open Space and Landscape Plan. A general landscape and
grading plan indicating the proposed modifications in the
topography and ground cover together with a plan for design of
open space systems and landscaping. The landscape plan shall
comply with open space, landscape and tree preservation
requirements of this chapter.
6. Information Concerning Adjacent Lands. Information on
adjacent areas sufficient to indicate the ~elations between the
proposed development and the adjoining areas, including:
(a) Existing land use.
(b) Zoning classification.
(c) Circulation system.
(d) Density.
(e) Public facilities.
(f) Unique natural features.
7. Additional Information. Any additional graphic information
required by the Planning and Zoning Commission which is necessary
to evaluate the character and impact of the proposed PUD.
SECTION 20A-4.14: FINAL PUD PLAN FORM AND CONTENT.
A Final PUD Plan shall include all elements of the approved Prelimi-
nary Development Plan as described herein including all written documents
such as planning objectives, development schedule, quantitative data,
environmental impact statement and public facility impact statement, in
addition to approved graphic elements of the plan including the necessary
maps, plans, surveys and plat. The final PUD plat, along with the Prelimi-
nary Development Plan elements as approved by the City Council, or as
subsequently amended pursuant to applicable regulations, shall comprise the
elements of the Final PUD Plan.
A. Required Content and Characteristics. The final PUD plat shall
be characterized by and include the following:
1. Preparation by Professional. Be appropriately prepared and
sealed by a land surveyor registered in the State of Florida.
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2. Scale. Be clearly and legibly drawn in India ink on tracing
cloth or other acceptable material, to a size twenty-four (24)
inches by thirty-six (36} inches, and to a scale of one {1) inch
equals one hundred (100) feet, and shall include a north arrow.
3. Compliance. Comply with all applicable regulations, ordi-
nances and statutes of the City, County, and State concerning the
preparation of plats.
4. Name. The PUD shall have a title or name acceptable tQ-the
City. if the final PUD plat is an addition to or a revision of a
prior recorded final PUD plat, then the title of the PUD plat
shall include the name of the prior recorded final PUD plat.
5. Legal Description. There shall be lettered or printed upon
the final PUD plat a complete description of the land embraced in
the plat, showing the township and range in which such lands are
situated, the section and part of sections platted, and a loca-
tion sketch showing the plat's location in reference to the
closest section corner of quarter-section corner of each section
embraced within the plat. The description must be so complete
that from it, without reference to the plat, the starting point
can be determined and the outlines run. The initial point in the
description shall be tied to the nearest government corner or
other recorded and well established corner.
If platting of a part of a previously recorded plat is made, the
previous lots and blocks to be developed and replatted shall be
given. If the plat is a replatting of an entire or part of a
previously recorded plat, that fact shall be so stated. Vacation
of previously platted lands must be accomplished in the manner
provided by law.
6. Adjacent Subdivision Rights-of-Way, and Easements. The plat
shall include the location and names of adjacent subdivisions,
including plat book and page number, together with the location
and dimensions of all streets, rights-of-way, and easements
adjoining or within the plat. The purpose of the easements shall
be designated.
7. Plat Boundaries. All plat boundaries shall be delineated by
Municipal, County or section lines, accurately tied to the lines
of the PUD plat by distance and bearing.
8. Bearing and Monuments. The plat shall include accurate
location of all monuments together with bearings and dimensions
to the nearest established section or quarter-section corner or
other recognized permanent monuments which shall be accurately
described in the plat.
The center line of all streets shall be shown with distances,
angles, arc distance, central angles, tangents, and radii.
Center points will be shown on the plat by an appropriate desig-
nation and will be placed along the centerline of rights-of-way,
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preferably at centerline intersection, and other applicable
points as may be directed by the City Council. Permanent center
points and permanent reference markers shall be considered
improvements and shall be included in the performance bond and
approved by the Building Official.
9. Plat Delineations. The plat shall include lengths of all
arcs together with deltas, degrees of curves, radii, tangent
distances, internal angles, points of curvature and tangent
bearings.
When lots are located on a curve or when side lot lines are not
parallel and are at angles other than ninety (90) degrees, the
width of the lot at the front building setback line shall be
shown.
10. Lot and Block Numbers. The numbering of all lots, parcels
and ~locks shall be ~own on the plat. All lots or parcels shall
be numbered by progressive numbers individually or in blocks
progressively numbered. Blocks in numbered additions bearing the
same plat name shall be numbered consecutively throughout the
several additions. Excepted parcels shall be marked "not part of
this plat".
11. Dedications. All lots and parcels dedicated for public
purposes including parks and recreation areas, and the area in
square feet of those lots and parcels shall be shown.
12. Lot and Parcel Dimensions and Area. The dimensions of all
lots and parcels to the nearest hundredth, except where riparian
boundaries are involved which may be plus or minus. Whenever
lands are subdivided along the Indian River or its tributaries,
lot dimensions shall be shown to the approximate mean high water,
at date of survey, and as defined in the shore boundaries.
13. Seal by Land Surveyor. Certification by a State of Florida
registered land surveyor to the effect that the PUD plat repre-
sents a survey made under his direction and that all monuments
shown thereon actually exist, and that their location is correct-
ly shown.
14. ?c.knowledgement of Plat Adoption and Dedication. An acknow-
ledgement by the owner (or if a corporation then two (2} author-
ized officers signature and seal) of the adoption of the plat,
and of the dedication of streets and other public areas, and the
consent of any mortgage holders to such adoption and dedication.
Existing right-of-way beneath a proposed plat shall be vacated in
accordance with the laws and ordinances of the City, County and
State prior to approval and acceptance of a final PUD plat by the
City Council.
B. Additional Certifications for Final PUD Plan Approval. The Final
PUD Plan shall be accompanied by the following certifications:
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1. As-Built Plan. The Final PUD Plan shall include an as-built
plan o7 all'improvements with a certificate of their respective
locations by the applicant's engineer and the developer.
2. Engineers Certification of Impr~vements~ A certificate by
the applicant,s engih6~f and verificati66 by the City Engineer
that the applicant has installed all requirement improvements in
accordance with the approved plans and City specifications, and
further certifying that no outstanding indebtedness is due for
said improvements.
For any improvements not so constructed and installed, the
applicant's engineer shall certify that the applicant has posted
a sufficient surety in form of a certified check or cash with the
City Finance Officer, or has posted an alternate surety bond as
the City Council deems adequate, to assure completion of all
required improvements. The City Engineer shall verify such
certification by the applicant's engineer.
3. Certificate of Title or Attorney's Opinion. A current
certificate of title from a title company doing business in the
State of Florida or an opinion from an attorney authorized to
practice law in this state, either of which must demonstrate fee
simple title is held by the applicant.
4. Certification of Payment of Taxes and Assessments. A
certificati06 frOm the City and County that all taxes and assess-
ments have been paid on the land within the proposed PUD plat.
5. Certification of Preliminary Development Plan. A certifica-
tion by the Building Official that the Preliminary Development
Plan, as duly approved, has been filed as part of the Final PUD
Plan. The Building Official shall also certify that no
certificate of occupancy shall be granted in the future until all
elements of the plan have been completed, including the land-
scaping.
6. Verification of Final PUD Plat. The final PUD plat shall be
accompanied by a written statement by the Building Official
verifying that the final PUD plat includes all the requirements
of this Article and all other applicable Town, County, or State
ordinances, statutes, or regulations.
The Building Official shall check all final plats to verify
conformity with the preliminary plat as approved by the Council.
In case of doubt as to conformance with the Council's approval,
the Building Official shall refer a copy of the final plat to the
Planning and Zoning Coninission for a report on conformity with
the Council's action.
SECTION 20A-4.15: OPEN SPACE AND LANDSCAPED AREAS.
All open space required by this Chapter shall be either private,
reserved for common use, or dedicated to the public. All required open
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space shall be reserved as such through appropriate deed restrictions which
cannot be removed without the consent of the City Council.
Private open space shall be owned in fee simple title as part of a lot
or parcel in private ownership. The use of private open space shall be
reserved and limited through appropriate deed restrictions. The deed
restriction shall require the property owner to maintain the private open
space in perpetuity.
All open space reserved for common use shall ultimately be owned in
fee simply by an organization of property owners within the PUD plat. The
organization shall be established by the applicant, and all organizational
documents, including, but not limited to, article of incorporation, bylaws
and restrictive deed covenants, shall be submitted to the City Attorney for
approval prior to recording in the public records of the County and filing
with the Secretary of State. The organization shall be responsible for the
maintenance of all common open spaces. The organization shall be empowered
to assess reasonable maintenance fees upon the owners of real property
within the PUD plat for the maintenance of the common open space.
A. All open space reserved for common use shall be conveyed to the
organization prior to or at the time when two-thirds (2/3) of all the
dwelling units of the PUD plat under development have been sold.
Conveyance shall be by a general warranty deed in fee simple absolute,
acceptable to the City Attorney. The deed shall include a deed
restriction providing for the perpetual maintenance of the common open
space by the organization.
B. The organization may offer to convey the Common open space to
the City at no cost. If the City accepts the offer, then the convey-
ance shall be of general warranty deed in fee simple absolute, accept-
able to the City Attorney. Upon acceptance, the open space shall be
available for use by the general public. The City shall not accept a
conveyance of common open space unless arrangements acceptable to it
are made for the continued maintenance of the open space, which
arrangements may include maintenance by the City.
C. Open space dedicated to the public shall be open to the general
public.
D. All landscaped yards shall be owned in fee simple as part of an
approved lot or parcel, and the landscaped yards shall be reserved and
limited through appropriate deed restriction. The deed restrictions
shall require the property owner to maintain the landscaping in
perpetuity.
SECTION 20A-4.16: ENFORCEMENT AND PENALTIES.
In the event of a non-compliance with this Article, the Mayor or his
designated representative shall have the authority to suspend construction
activity and revoke any building permit used under this Article, and to
take all actions necessary to halt construction until such time as the
provisions herein are complied with. In the event legal action is nece-
ssary, and costs are incurred by the City in forcing compliance, these
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expenses shall be borne by the developer or parties violating the terms of
this Article.
SECTION 20A-4.17: SAVINGS CLAUSE.
If any section, part of a section, paragraph, sentence, clause, phrase
or word of this Article is for any reason held or declared to be unconsti-
tutional, inoperative or void, such holding or invalidity shall not affect
the remaining portions of this Article without such constitutional, iQva-
lid, or inoperative part therein; and the remainder of this Article, after
the exclusion of such part of parts, shall be deemed to be held valid as if
such part or parts had not been included therein; or, if this Article or
any of the provisions thereof shall be held inapplicable to any person,
groups of persons, property, kind of property, circumstances, or set of
circumstances, such holding shall not affect the applicability hereof to
any other person, property or circumstances.
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