HomeMy WebLinkAboutORD #202-Y ORDINANCE NO._~ O~--~
AN ORDINANCE AMENDING ORDINANCE 202, AS
AMENDED, THE SAME BEING THE ZONING ORDINANCE,
BY REZONING APPROXIMATELY 294 ACRES OF LAND
LOCATED NORTH OF MAIN STREET, EAST OF THE
SEBASTIAN MUNICIPAL AIRPORT AND WEST OF
GIBSON STREET FROM R-l, SINGLE FAMILY DISTRICT,
TO PUD-RESIDENTIAL, PLANNED UNIT DEVELOPMENT
DISTRICT; AND REZONING APPROXIMATELY 22 ACRES
OF LAND LOCATED NORTH OF MAIN STREET, EAST OF
GIBSON STREET AND WEST OF THE FLORIDA EAST
COAST RAILWAY RIGHT-OF-WAY FROM M-I, INDUSTRI.AL
DISTRICT TO PUD-RESIDENTIAL, PLANNED UNIT
DEVELOPMENT DISTRICT; ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN; IMPOSING RESTRICTiONS~AND
CONDITIONS; PROVIDING A SEVERABILITY CLAUSE;
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Council has recently adopted an
amendment to the Zoning Ordinance which would provide for
a Planned Unit Development; and
WHEREAS, the applicant has submitted a Conceptual
Development Plan and other material in accordance with the
requirements 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; 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
and is in the best interests of the City of Sebastian and
should be approved;
NOW, THEREFORE, BE IT ORDAINED BY TttE COUNCIL
OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I.
That the following described property is hereby
rezoned from R-I, Single Family District, to PUD-Residential
Planned [Init Development District:
All of the property located north of the
current alignment of Main Street and known
as Sebastian Gardens, consisting of
approximately 26 acres, more or less.
SECTION II.
That the following described property is here-
by rezoned from R-i, Single Family District to PUD-
Residential, Planned Unit Development District:
Ail of Lots 8, 9, 18, 19 (less NW 20 feet) 20,
21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34,
35, 36, 37, 38, 39, 40, 41, 42, 4.3, 44, 45, 46,
47, 50, 51, 52, 53, 54, 55, 58, 59 and 60.
Ail in Section 30, Fleming Grant, consisting
of approximately 268 acres, more or less.
SECTION III.
That the following described property is hereby
rezoned from M-i, Industrial District, to PUD-Residential,
Planned Unit Development District:
Ail of Lots 1 and 2, in Section 30, Fleming
Grant, consisting of approximately 22 acres,
more or less.
SECTION IV.
The Conceptual Development Plan, as submitted
by the applicant, the Sebastian Group, Ltd., is hereby
adopted and approved and shall be carried out in a manner
consistent with the requirements o£ all regulations and
ordinances of the City of Sebastian and subject to the
following conditions and restrictions:
1, Density. The density shall conform to the
Comprehensive Plan with specific number of units being
determined after approval of the development of regional
impact application and the staged preliminary development
plan reviews. The City does not grant a vesting in the
number of specific units proposed until appropriate planning,
engineering, and environmental studies are submitted to the
City pursuant to specified City standards and Development
of Regional Impact (DRI) requirements.
2. Transportation Improvements. The applicant
shall provide transportation improvements required pursuant
to the preliminary development plan and evaluation memorandum
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of March 3, 1983. The City reserves the right to approve
the nature, extent, and character of required roadway
improvements pursuant to detailed evaluation during the
DRI review process and the preliminary development plan
review process. The transportation improvements shall
include, but not be limited to the following:
(a) Realignment and improvement of Main Street
(b) Extension of Gibson to Main Street and/or
provide a major transportation linkage
connecting with U. S. #1. (This improvement
is defined further in the memorandum
of March 3rd).
(c) Other improvements needed to satisfactorily
accommodate regional and local impacts
identified in the detailed analysis during
the preliminary development plan review
and DRI process.
3. 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 adjacent land uses,
subject to any modifications approved by the City during
the PUD Review Process.
4~ Adequate Public Facilities. The developer shall
provide sufficient public facilities or an equitable con-
tribution in lieu thereof to satisfy local and regional
public facility needs including possible needs for improve-
ments such as, but not limited to, transportation improvements,
fire protection facilities, school facilities, drainage
improvements and water and sewer improvement needs generated
by the development.
5. I~pacts on Drainage and Water Quality. The
applicant shall preserve the natural qualities of existing and
proposed lakes and ponds and shall coordinate closely with
the St. Johns Water Management District, the Treasure
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Coast Regional Planning Council, appropriate state entities,
and the City of Sebastian in planning a water management
system which adequately addresses potential problems and
issues associated with the drainage systems. Furthermore,
the applicant shall comply with performance standards in the
City of Sebastian Land Development Code existing at the
time that a completed and sufficient preliminary development
plan is submitted to the City of Sebastian. The City of
Sebastian has'a draft of a new Land Development Code for
review by the applicant, including performance standards
for surface water management and erosion control. Further-
more, all grading plans shall be approved by the City
Engineer.
6. 'Impact 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.
7. Consideration of New Proposed 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 procedures
for Site Plan Review, including performance standards. This
ordinance is intended to be adopted prior to the applicants'
submittal of a completed 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 it is
adopted in a timely manner as proposed. The proposed
Land Development Code is available for the applicant's
review, consideration and comments.
8. Development Schedule. The proposed development
schedule indicating the approximate starting and completion
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dates has 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 expeditious manner
to assure effective communication concerning any potential
problems or issues associated with the development. Ail
public facilities shall be staged to service in a timely
manner the needs of the phase development schedule.
9o Airport Noise Considerations. The Preliminary
Development Plan shall reflect that improvements proposed
within the Airport Noise Envelope be designed in a manner
which incorporates the U. S. Department of Housing and
Urban Development (HUD) engineering standards for noise
insulation for structures developed in areas underlying the
City of Sebastian Airport Noise Envelope.
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 ruling 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 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 ~, 1983.
ATTEST:
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I HEREBY CERTIFY that Notice of Public
Heqaring 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 ~/~on the ~ day of
~ ,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