HomeMy WebLinkAboutO-89-08I
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ORDINANCE NO. 0-89-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PLANNED UNIT
DEVELOPMENT; APPROVING A CONCEPTUAL DEVELOPMENT PLAN
FOR A RESIDENTIAL PLANNED UNiT DEVELOPMENT OCCUPYING A
TRACT OF LAND APPROXIMATELY 158 ACRES IN SIZE, LOCATED
IN SECTIONS 28 AND 29 OF THE FLEMING GRANT; PROVIDING
FOR A CHANGE IN ZONING CLASSIFICATION FROM RS-20 TO
PUD-R; PROVIDING FOR MODIFICATIONS AND CONDITIONS TO
THE CONCEPTUAL PLAN APPLICATION; PRESCRIBING A TIME
LIMIT FOR THE SUBMISSION AND APPROVAL OF A PRELIMINARY
DEVELOPMENT PLAN; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Alpha Investments I, Inc. desires to develop a
residential planned unit development within the City of
Sebastian; and
WHEREAS, the Applicant has participated in a preapplication
conference with the appropriate members of the City staff
pursuant to Section 20A-4.9.A of the Land Development Code; and
WHEREAS, the Applicant has submitted a conceptual
development plan to the City staff pursuant to the requirements
set forth in Section 20A-4.9.E of the Land Development Code; and
WHEREAS the Applicant has complied with all other
requirements necessary for the submission of a planned unit
WHEREAS, the City staff has determined that the proposed
planned unit development is consistent with the ComprehensiVe
Plan of the City of Sebastian; and
development conceptual development plan as contained in Section
20A-4.9 of the Land Development Code; and
WHEREAS, the Planning and Zoning Commission conducted a
public hearing and received public input on the proposed planned
unit development as well as the change in zoning classification
from RS-20 to PUD-R on March 16, 1989; and
WHEREAS, the Planning and Zoning Commission held a special
meeting on March 23, 1989 during which the Commission recommended
approval of the conceptual development plan, and change in zoning
classification with certain modifications and conditions; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
1
O.R. 834 PG 0802
WHEREAS, the City Council has provided notice of the
proposed zoning change and planned unit development conceptual
development plan; and
WHEREAS, the City Council has held a public hearing on June
14, 1989, for purpose of receiving public input; and
WHEREAS, the change in zoning classification, from RS-20 to
PUD-R does not constitute a change in the Future Land Development
Use Element of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. CONCEPTUAL DEVELOPMENT PLAN APPROVAL. The
conceptual development plan for the Collier Place Planned Unit
Development, as submitted by Mr. John F. Preston, III, agent for
the Applicant, Alpha Investments I, Inc., is hereby approved,
subject to the amendments and contingencies set forth below.
A. The Applicant shall provide evidence of unified
control of the property sub3ect to the conceptual development
plan in the form of legal documentation acceptable to the City
Attorney, prior to final approval of the conceptual development
plan.
B. The Applicant shall furnish the City with a
thorough traffic study, as defined in the Land Development Code
of the City of Sebastian, pertaining to all phases of
development, prior to approval of the preliminary development
plan.
C. The Applicant shall delete or relocate the
recreational vehicle storage area so that no border of such
storage areas lies within two hundred (200) feet from any
exterior border of the planned unit development.
D. The Applicant shall develop a plan limiting access
from the planned unit development to the Sebastian Municipal Golf
Course prior to approval of the preliminary development plan.
Any such plan submitted must be acceptable to the City Manager or
his designee.
O.R. 834 PG 0803
E. The Applicant shall, as part of its preliminary
development plan, submit a comprehensive study concerning the
impact of the planned unit development on the existing municipal
police department. This study shall take into consideration the
impact upon police services during each construction phase.
F. The Applicant shall prepare an airport proximity
disclosure statement to be included in its sales contract and
deed restrictions prior to submission of its preliminary
development plan. This disclosure statement must meet the
approval of the City Attorney.
G. Approval of the conceptual development plan shall
not constitute approval of any rights to limited commercial
development within the planned unit development, now or in the
future.
H. Prior to submission of the preliminary development
plan, the Applicant shall submit plans for access to the waste
water plant for maintenance purposes which are acceptable to he
City Manager or his designee. Further, the sites for the water
and waste water treatment plants shall meet with the approval of
the City Manager and shall meet, as a minimum, buffering
requirements as set forth in Sections 20A-3.3, 20A-6.1.22, and
20A-10.2.F of the Land Development Code.
I. Prior to submission of the preliminary development
plan, the Applicant shall provide the City Attorney with the
appropriate legal instruments in order to establish conservation
easements on the 3urisdictional lands within the planned unit
development as well as those parcels which provide a habitat for
the scrub 3ay and gopher tortoise.
J. It is the intent of the Applicant and the City
that the residential and open space areas contained within the
planned unit development shall remain under the control of the
Collier Place Home Owners Association. Dedication of the open
space and conservation areas shall be accomplished in accordance
with the timing of the development of the phase in which the
respective parcels lie. The conservation easements, deed
restrictions, and covenants shall expressly assure that all
public and private recreation land as well as all other required
3
O.R. 834 P6 0804
open space shall be reserved as open space in perpetuity. The
Applicant shall draft appropriate deed restrictions and covenants
which shall be presented to the City Attorney for his approval
prior to the approval of the preliminary development plan.
K. The Applicant shall provide a densely vegetated
berm and tree line along the southern portion of the planned
unit development extending from the west property line eastward
to the jurisdictional lands. Buffer and screening specifications
for the west and remaining southern portions of the site shall be
determined at the time of submission of the preliminary
development plan.
L. The Applicant shall not acquire a vested interest
in the proposed number of lots based upon the conceptual plan
approval.
M. The Applicant shall complete the Wimbrow Drive
extension to Roseland Road, via Hart Avenue, to standards
acceptable to the City, prior to final approval of the plat for
Phase II.
N. In the event the Applicant is unable to acquire
sufficient land for the Hart Avenue connection, it shall provide
an alternate alignment for the Wimbrow Road extension, sub3ect to
the approval of the City Manager and the Director of Public Works
of Indian River County.
SECTION 2. ZONING CLASSIFICATION. The existing zoning
classification of RS-20 is hereby change to PUD-R for the
following described property:
Commencing at the East corner of Section 29 of the Fleming
Grant; thence S 45° 09' 04" W along the Fleming Grant line
for a distance of 3806.27 feet to the East corner of the
parcel herein described being the point of beginning of the
property; thence continue S 45° 09' 04" W along said grant
line for a distance of 3497.85 feet to a point thence N 44°
21' 08" W for a distance of 1997.5 feet to a point thence
N 45" 09' 04" E for a distance of 3497.85 feet to a point;
thence S 44° 21' 28" for a distance of 1977.5 feet to the
point of beginning, containing 158.84 acres more or less,
and less excepting therefrom 68.9 square feet at the West
corner of the above described tract within the right-of-way
of Roseland Road.
SECTION 3. TIME LIMIT FOR PRELIMINARY DEUELOPMEN? PLAN.
The Applicant shall submit its preliminary development plan in
(18) months of the effective date of the Ordinance.
4
O.R. 834 PG ........ 0_805 ....
SECTION 4. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION 5.. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it will be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision, it shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision thereby causing said remainder to remain in full force
and effect.
SECTION 6.. EFFECTIVE DATE. This Ordinance shall become
effective upon its immediate passage.
The foregoing Ordinance was moved for adoption by Councilman
0~ '~ . The motion was seconded by Councilman
-~7~J~t~/~ and, upon being put to a vote, the vote was
as follows:
Mayor Richard B. VotapKa ~..~f
Vice-Mayor Robert McCarthy ~f
Councilman Robert L. MCCollum ~/
Councilman Frank Oberbeck O~
Councilman Lloyd Rondeau ~
The Mayor thD~eupon declared this Ordinance duly passed and
adopted this /~'-q~ day of ~J~C~ . , 1989.
Kathry~] M. O'Halloran, CMC/AAE
City C°J. erk
By:
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
O.R. 834 P6 080S
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the /q~day of -.~AL ·
1989, and that following said public hearing, this Ordinance was
passed by the City Council.
Kathry~ M. O'Ha~10ran, CMC/AAE
City Clerk
Approv~as_to/~ Form and Content:
h~es Ian Nash. City Attorney
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O.R. 834 PG 0807