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HomeMy WebLinkAboutO-86-18ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING A NEW SECTION 20A-4.6 (HERETOFORE RESERVED) TO THE CITY'S LAND DEVELOPMENT CODE AND THEREBY PROVIDING A NEW ZONING CLASSIFICATION CALLED THE (PUD (C) COMMERCIAL PLANNED UNIT DEVELOPMENT; PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the initial enactment of the City of 'Sebastian Land Development Code reserved for later enactment a zoning classification called PUD(C) Commercial Planned Unit Development, and, WHEREAS, the Planning and Zoning Commission. of the City has extensively considered and reviewed several drafts of a proposed PUD(C) Commercial Planned Unit Development and has formally pro- posed to the City Council for approval and enactment into Ordinance a new Section 20A-4.6 to the Land Development Code, which new section comprises Subsections A through L(ll), and, WHEREAS, the City Council has considered the proposal of the Planning and Zoning Commission and approves the recommendation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I That Section 20A-4.6 of the Land Development Code of the City of Sebastian, Florida, consisting of Subsections A through (L)(ll), attached hereto and made a part hereof, is hereby adopted as Section ~0A-4,6 of the Land Development Code of 'the City of Sebastian. SECTION II This Ordinance Shall be effective immediately upon final passage. ATTE ST ~'tin~ City Cl~rk~ CITY OF .SEBASTIAN, bye, , ,/ FLORIDA Mayor I HEREBY CERTIFY that notice of the public hearing on this ordinance %~as duly publiched in a newspaper of general circulation in the City of Sebastian as required by Florida Statute; that a public hearing was held in City Council Chambers on the 5~ day of November, 1986, at which time, following the public hearing, this ordinance was duly passed by the City Council. ~ A~[ing City Clerk Section 20A-4.6: PUD(C) Commercial Planned Unit Development Purpose and Intent The objective of this zoning district is to establish regulatory standards for controlling the location of comprehensively planned commercial centers accessible to arterial roadways. The PUD(C) is intended to incorporate a flexible management policy which incorporates urban design amenities, including streetscape improvements, and fosters innovative master planning in the design and development of commercial centers. The PUD(C) district provides a diversified mix of permitted and conditional land uses and higher standards of land planning and site design than are available under conventional zoning categories. ~gmpliance With c6mprehenSiVe Plan ~nd Future .~a'nd Use Map All commercial PUDs must comply with the provisions of the Sebastian Comprehensive Plan. In addition to meeting the performance criteria set forth in this section, all land contained within a commercial PUD must have one of the following underlying Comprehensive Land Use Map designations. Limited Commercial (CL) General Commercial (CG) Commercial Waterfront (CW) C. Special Definitions (RESERVED) D. Unified Control All properties within a commercial PUD shall be under unified ownership or control as provided for in §20A-4.9(B). E. Location and Size A commercial PUD shall have frontage on a primary arterial roadway, as designated on the City of Sebastian Major Thoroughfare Plan. A PUD(C) district shall have a minimum of twenty-five (25) contiguous acres under a common ownership or control. F. Land Use Mix The specific land use mix within a PUD(C) district development shall be determined by the underlying Comprehensive Plan Land Use Map designations. The location of the various land uses shall be determined during the review of the preliminary development plan required pursuant to §20A-4.10. G. Permitted Land Uses Permitted land uses shall include those land use activities cited below which are determined to be consistent with the underlying Comprehensive Plan Land Use Map designation and shall be permitted by right within an approved PUD(C) development plan. 1. Limited Commercial Land Use Designation. e The following principal land uses, as well as all accessory uses thereto, are permitted uses within those areas, if any, of a commercial PUD having a Limited Commercial (CL) Comprehensive Plan Land Use Map designation: a.. Community Facilities. (See §20A-2.5) Limited as follows: (1) Administrative Services (public or private not for profit). (2) Clubs (public or private not for profit). (3) Cultural or Civic Activities. (4) Protective Services. (5) Public and Private Utilities (including essential government services). b. Business and Professional Offices. (Defined in §20A-2.5(C)(2)). c. Limited Commercial Activities. (Defined in §20A-2.5(C)(10)). General Retail Sales and Services, restricted to the foll.o~ing in addF~'ion to pe"rmitted l]imited commercia']'actiVities: (1) Art Shops and Supplies. (2) Bakeries. (3) Bicycl.e Shops. (4) Health and Exercise Studios. e. Restaurants, excluding drive-ins and fast food service. General Commercial Land Use Designation. Those areas, if any, of commercial PUD(s) having an underlying Comprehensive Plan designation of General Commercial (CG) shall be permitted to have the following principal land uses by right. a. Community Facilities. (See §20A-2.5) Limited as follows: (1) Administrative Services (public or private not for profit). (2) Clubs (public or private not for profit). (3) Cultural or Civic Activities. (4) Protective Services. (5) Public and Private Utilities (including essential government services). b. Business and Professional Offices. (Defined in §20A-2.5(C)(2)) c. Limited Commercial. (Defined in §20A-2.5(C)(10)) d. General Retail Sales and Services. (Defined in §20A-2.5(C)(6)) Restaurants ()~xclud±nqDrive-Ins and Fast Food Service) (See §20A-2.5(16)). Medical Services plus in-patient and out-patient clinics where patients stay for periods of less than thirty (30) days, including substance abuse clinics (See §20A-2.5(12)). 3. Commercial Waterfront Land Use Designation. The following principal land uses, as well as all accessory uses thereto, are allowed within those areas, if any, of a commercial PUD having an underlying Comprehensive Plan designation of commercial waterfront (CW) as a matter of right. a. Community Facilities. (1) Administrative Services (public or not for profit). (2) Clubs (public or not for profit). (3) Cultural or Civic Activities. (4) Protective Services. (5) Public and Private Utilities (including essential government services). b. Business and Professional Offices. (Defined in §20A-2.5(C)(2)) c. Marine Related Commercial. (Defined in §20A-2.5(C)(11)(a) and (b)) Conditional Uses. Conditional uses shall include those land use activities cited below which are: 1) consistent with the Comprehensive Plan Land Use Map designation; and 2) comply with all requirements and conditional use criteria provided in this ordinance and in other applicable laws and ordinances. The Plan- ning and Zoning Commission shall determine if such conditions and pro- visions are satisfied. Appeal of such decisions shall be heard by the City Council. All conditional uses allowed within a Limited Commercial (CL), General Commercial (CG) or Commercial Waterfront.(CW) land use district may be permitted within the corresponding Comprehensive Plan Land Use Map desig- nation provided that all provisions of Article IV of this code are sat- isfied. In addition, residential development shall be permitted within a PUD(C) district upon meeting all conditional use criteria of this section. 1. Residential Development. Applicable Designations. Residential development may be permit- ted within the underlying Comprehensive Plan designations allowing such use provided that the criteria cited herein are satisfied. Conditional Use Criteria. Residential development may be allowed w~'t~"in a PUD(C) zoning district upon meeting the following criteria: i. Residential development shall be allowed along the perimeter boundaries of the proposed development as a buffer from adjacent off-site residential developments as well as from undeveloped adjacent areas off site which are zoned for residential development. ii. The total land area proposed for residential development shall not exceed twenty-five (25) percent of the total land area of the proposed PUD(C) site. iii. The maximum density shall not exceed eight (8) dwelling units per acre. This density shall not be permitted as a matter of right but rather the actual density shall be as determined during review of the preliminary development plan pursuant to the provisions of Section 20A-4.10. NO" credit shall be given for land used for non residential purposes in calculating density. iv. Residential structure types shall be compatible with sur- rounding residential development. Non-residential structures shall not be located within fifty (50) feet of a perimeter boundary of the proposed commercial PUD development. vi. A minimum of fifty (50) percent of the total land area proposed for residential development shall be preserved as open space. vii. No residential development is allowed in Limited Commercial (CL) areas. Light Industrial Development. Light industrial development may be allowed only in those areas, if any, of a commercial PUD zone having a land use classification of General Commercial (CG). The total land area proposed for light industrial development shall not exceed 50 percent of the total developable land area with a general commercial land use designation. a. Ail such uses shall comply with all performance standards in Article VIi of this code and shall take place wholly within enclosed buildings. , -4- 3. b m §hr ind.ustrial d~veloPment within a commercial PUD(C) shal~ be limited to the following conditional uses; The manufacturin§, compounding, processing, packin§, of assembly of small electrical items, components, of circuitry, jewelry, musical instruments, toys, novelties, and other similar items, that are dependent on component parts or raw materials manufactured elsewhere. ii. Schools, offices, research. l~bora~.or~es, and o~her such facilities for iii. Motion picture production studios; professional, scientific, photographic or optical instruments. iv. Printing, engraving, and related reproduction processes. Ve Publishing or distribution of books, newspapers, or other similar printed materials. Perimeter Transition Area. All uses shall conform to the purposes of the Commercial Planned Unit Development district and shall be compatible with all uses, existing or proposed in the vicinity of the area covered by the proposed planned development. Where this section is found to be more restrictive than other provisions within the City Code of Ordinances, this section shall be the controlling regulation. 1. Compatibility with Adjacent Property. No structure proposed for commercial or industrial use shall be constructed within one hundred (100) feet of adjacent or abuttin§ property zoned for residential development. 2. In those cases where the property line does not abut and is not adjacent to residential development or residentially zoned land, the minimum setback shall be determined as part of the preliminary devel- opment plan review. No buildings shall be located within forty (40) feet of the outer boundary of the PUD districts excepting entry way security buildings and structures approved by the City Council. Size and Dimension Regulations. It is the intent of the PUD(C) to offer greater flexibility in the design of innovative large scale commercial development in order to accommodate amenities generally not found in conventional development. The location, size, dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and all other planned site improvements shall provide for: 1) safe and convenient internal vehicular circulation, including access and sufficient area for effective delivery of emergency services such as fire protection; 2) buildings with safe entry and exit from the front and the rear of respective buildings; and 3) convenient, well landscaped and designed pedestrian ways and open space systems. All such planned site improvements shall be governed by subsections 20A-4.6J (1} and (2) below cited. 1. Size and Dimension of Commercial Site Improvements. Minimum Lot Size. No individual minimum lot size shall be required within a Commercial Planned Unit Development. ~.rgntage Requirements. All land use activities within a PUD(C) shall have access to a public street. Setback and Yard Requirements. There are no required setbacks or yards within the Commercial Planned Unit Development except as otherwise provided for herein. Distance Between Buildings. There shall be a minimum of twenty ~0) feet separating structures, excepting buildings with immediately adjoining or common walls. However, the minimum distance separating any one building over twenty-five (25) feet in height from an adjacent building shall be twenty (20) feet plus one (1) foot for each additional two (2) feet in height above twenty-five (25) feet. ~eig~t. The height of structures shall not exceed thirty-five (35) feet. Open Space. Commercial development shall maintain no less than twenty-five (25) percent green open area, exclusive of parking surfaces. Mixed use residential and commercial structures shall maintain a minimum open space pursuant to the formula cited for such development in Sec. 20A-3.8(D)(8). Light industrial development shall maintain no less than twenty (20%) percent green open area. Lakes, ponds, etc., may comprise up to one-third of the open space requirement. General Criteria For .Reviewing Size and Dimension Standards. The size and dimension st~'6'dards for a CommerCial Planned Dn~ Development shall be approved subject to compliance with the following general criteria. Privacy. The building setback shall maintain privacy within residential dwelling units on and off site. These setbacks shall take into consideration the location and size of windows and their relation to public and semi-public areas, streets, residen- tial and non-residential developments, and other windows and screening. Light and Air. The building setbacks shall provide adequate light and air, taking into consideration the relationship between window size and the provision of light and air. Building Configuration and Open ~.PQqg. The arrangement and orientation of structures, open space, landscaping, and pedestri- an and vehicular circulation shall: 1) promote privacy and access to light and air; and 2) generate a functional and an aesthet- ically pleasing environment for user groups. K. Screening and Bufferyard Requirements 1. Applicabilit~.~ Any one of the following types of screening may be required by the Planning and Zoning Commission or City Council during the preliminary development review process, for the purpose of minimizing the impact of potentially objectionable areas such as; parking lots; major thoroughfares; unsightly rear entrances; utility or maintenance structures; solid waste disposal facilities; loading facilities and swimming pools and active recreational areas. Screening may also be required where land uses of different intensities are located in close proximity to each other. 2. Description of screening Type.~. Three (3) basic types of screening are hereby established: Type "A", Opaque Screen; Type "B", Semi-Opaque Screen; and Type "C", Intermittent Screen. Type "A", Opaque Screen. An opaque screen is intended to completely exclude all visual contact between uses. The Type "A" Screen shall be completely opaque from the ground up to a height of at least six (6) feet, with large trees utilized as intermit- tent visual obstructions from the opaque portion to a mature height of at least twenty (20) feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vege- tation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six (6) feet in height. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average height and density of foliage of the subject species at the time of plant- ing, or field observation of existing ve§etation. The six (6) foot opaque portion of the screen must be opaque in all seasons of the year. .Type "B",..%e~i-Opaque..Screen. The semi-opaque screen is intended to partially block visual contact between uses. The Type "B" screen shall be completely opaque from the ground up to a height of at least three (3) feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least twenty (20) feet. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, existing vegetation or any combination thereof which maintains a completely opaque screen of at least three (3) feet. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. Type "C"~ Intermittent Screen. The intermittent screen is intended to create 'the 'impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The Type "C" screen shall utilize large trees having a mature he'ight of at least twenty (20) feet.. The intermittent screen may be composed of fences, berms, and either existing or planted 3e vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. General Standards for Screening and Bufferyards. In addition to the landscape requirements of ArtiCle XIII where the provisions of this ordinance require screening or buffering, the following standards shall apply: ae Landscaped Buffer Str~.~quired ~ landscaped buffer strip not less than ten {i0) feet in width ~h,,1 be provided in conjunction with all screening required herein. The buffer strip may be contained within required setbacks. Each buffer strip shall be landscaped with grass or other native cold tolerant ground cover in addition to the required screening materials and,trees. The landscape strip shall contain no parking area. Tree Plantings Required ~. Intermittent Obstructions. All screen types ("A", "B", Or "C") shall ihclude one (1) tree for each thirty-five (35) lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermit- tent visual obstructions for all types of screens. Palms shall not be used for the purposes of screening but may be retained and utilized in the calculation of other landscape requirements. Otherwise, tree specifications cited in Sec. 20A-13.9(A) shall apply. Ce Grading of Berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one (1) foot vertical to three (3) feet horizontal (1:3 slope). If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with native plant material to achieve the required heights. Quality and Maintenance of Plant Materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria of Sec. 20A-13.15(A) of this ordinance. No plant species prohibited pursuant to Sec. 20A-13.15(C) shall be permitted in satisfying requirements of this Article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section. All landscape screening and buffering shall be maintained pursuant to requirements of Sec. 20A-13.16 of this ordinance. Credit Towards Other Required Landscapinq. Where the landscaping provided under this section meets th~ requirements of other provisions of this ordinance, such landscaping may be credited toward fulfilling those requirements, with the exception of any required recreational open space. f. Front Yards~ Visibility Trian~les~ Streetline~. The above sta~dard's' n0~With~anding, no screening'shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles, or which extends beyond any streetlines as specified in Sec. 20A-13.13 of this ordinance. g. Maintenance. The owners or their agents shall be responsible for providing, protecting and maintaining all landscaping in a healthy and growing condition. Subdivision Improvements and Urban Design Amenities. In addition to requirements of Div{~ion""V o~ this code as well as open space systems and street furniture shall reflect principles and practices of urban design, including streetscape amenities which promote a harmonious and aesthetic environment for pedestrians and other user groups within the proposed development. This requirement shall be enforced in order to implement the purpose and intent of the PUD(C). To this end, development plans shall incorporate: 1. A drainage system approved by the City Engineer. The City Engineer shall consider the relative advantages and disadvantages of curb and gutters, french drains, retention/detension, swales and other similar drainage system components. The City Engineer shall recommend the system or combination of systems most appropriate to the City's master plan and policies for surface water management. The following factors shall be considered: Natural environmental conditions of the site; Existing and ~roposed future hydrological conditions of the site, including existing and proposed site elevations, amounts and rates of water run-off, water quality, and other related factors; Available drainage improvements on and off site; Intensity of proposed use, potential barriers to movement, and impacts of the drainage system alternatives on pedestrian and traffic circulation, aesthetics of the project and impacts on the surrounding area; and Potential contaminants or pollutants generated by anticipated light industrial land uses, motor vehicles, or other sources of pollutants and contaminants. Sidewalks. Traffic circulation improvements, including all needed intersection improvements along internal and perimeter streets required to service projected traffic volumes, including turning lanes, acceleration, deceleration and turning lanes, as well as traffic control devices and signage. All such improvements shall conform to City specifications. lO. 11. Street lighting and signage which is harmonious with the urban design theme of the project, promotes aesthetics and reinforces good princi- ples and practices of streetscape design. Street lighting shall be installed on all internal and perimeter streets, within parking areas, and along pedestrian walkways. Signage shall incorporate a unified design. Open space and landscape furniture, including open plazas, walkways, possible use of functional and aesthetic paving material, street benches, waste disposal receptacles, and sidewalk plantings which promote the project's urban design and aesthetics. All other subdivision improvements and project amenities shall be consistent with a unified urban design. Loading docks are prohibited on interior streets. They shall be located at the rear of all principal structures. Parking for trucks and all other company owned or controlled vehicles shall be located at the rear of all principal structures. No shipping or receiving shall be permitted within one hundred (100) feet of any residentially zoned property or within forty (40) feet of any property line adjacent to any zoning district other than residential. All storage areas shall be located at the rear of all structures. All outside storage areas shall be enclosed by a solid wall with solid entrance and exit gates. Such wall shall be a minimum of six (6) feet and a maximum of eight (8) feet in height, and in no case shall materials stacked or stored so as to exceed the height of the wall. Storage areas shall be located at least seventy-five (75) feet from any street right-of-way. No motor vehicle which is inoperative shall be stored or used for storage on any lot or parcel of land in any PUD(C) unless it is within a completely enclosed building. Shaded light sources shall be used to illuminate signs, facades, buildings, parking and loading areas; and shall be so arranged, as to eliminate glare from roadways and streets; and shall be directed away from properties lying outside the district. Shaded light sources are lighting elements shielded with opaque shade to direct the light. No neon lights, intermittent, or flashing lights or such lighted signs shall be allowed. All utility lines shall be placed undergr~-h'd, No waivers shall be granted, All telephone lines shall be placed underground_, Service lateral electrical d.istributio~ lines serving individua] installations shall be placed undergrou-6-~h-~-. Other high vo]tage electrical ]ines may be placed underground or on concrete poles provided that the poles are within the street right-of-way and have provisions for street lighting. Large transformers shall be placed on the ground and be contained in pad mounts, enclosures, or vaults. Where enclosures or vaults are used, the construction and design shall be compatible with the primary building design. Landscaping with shrubs and plants shall be provided to screen pad mount transformers.