HomeMy WebLinkAboutO-97-17
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ORDINANCE NO. 0-97-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-10.l OF THE
CODE OF ORDINANCES BY CREATING A SECTION ENTITLED
"PURPOSE"; AMENDING SITE PLAN REVIEW PROCEDURES;
REQUIRING A PREAPPLICA TION CONFERENCE PRIOR TO
FILING AN APPLICATION FOR SITE PLAN REVIEW;
CREATING NEW PROCEDURES FOR SITE PLAN REVIEW;
PROVIDING FOR APPEALS FROM THE DECISION OF THE
PLANNING AND ZONING COMMISSION APPROVING A SITE
PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE
APPROVAL OF SITE PLANS MEETING CERTAIN CRITERIA;
CREATING PROCEDURES FOR MODIFICATIONS OF
PREVIOUSLY APPROVED SITE PLANS; AMENDING SECTION
20A-10.2 OF THE CODE OF ORDINANCES BY ADDING
MODIFICATIONS TO SITE PLANS AND ADMINISTRATIVELY
APPROVED SITE PLANS; AMENDING SECTION 20A.10.2L OF
THE CODE OF ORDINANCES BY ADDING "COMMUNITY
DEVELOPMENT DIRECTOR"; AMENDING SECTION 20A-
10.3.14 BY ADDING "PLANNING AND ZONING COMMISSION";
AMENDING SECTION 20A-10.4 BY CLARIFYING APPEAL
PROCEDURES; AMENDING SECTION 20A-10.S BY LIMITING
THE NUMBER OF EXTENSIONS WHICH MAY BE GRANTED
TO A PREVIOUSLY APPROVED SITE PLAN; PROVIDING FOR
CODIFICATION; PROVIDING FOR RESOLUTION OF
CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida ("City Council"),
desires to amend the Land Development Code relating to procedures for site plan
approval, in order to update and clarify existing procedures and to add additional
provisions and requirements; and
WHEREAS, the City Council hereby finds that it is in the best interest of the
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health, safety and welfare of the citizens of the City of Sebastian ("City") to amend the
Land Development Code,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS
FOLLOWS:
Section 1. Section 20A-1O.1. of the City Code of Ordinances is hereby amended
to read as follows:
Sec. 20A-10.1.Purpose, applicability and filing procedure.
A. Purpose. The purpose of this section is to assist in the
implementation of the City's Comprehensive Plan by
establishing procedures and standards for the development
of land within the City in order to, in part, aid the
coordination of land development consistent with orderly
physical patterns; discourage haphazard, premature
uneconomic or scattered land development; ensure safe and
convenient traffic flow; encourage development of an
economically stable and healthful community; ensure
adequate utility service; prevent periodic and seasonal
flooding by requiring protective flood control and drainage
facilities; and provide for the management and protection of
water resources.
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B. General site plan review requirement. No structure or
parking area, or part thereof, shall be erected or used, or
land or water used, or any change of use consummated, nor
shall any building permit be issued therefor, unless a site
plan for such structure or use shall have been reviewed and
approved pursuant to this Article.
C. Fees. The fee schedule for site plan review shall be as determined
by resolution of the city council.
D. General requirements. Site plan approval as provided for herein shall be required
for each of the following:
1. A residential project which has two or more principal buildings or a single
residential building which has three (3) or more dwelling units.
2. Any non-residential project.
3. Unless otherwise provided, all proposed construction of single-family
homes and duplexes located on the east side of Indian River Drive.
4. Any change of use or expansion of an existing use within an existing facility
which results with an increase of required parking.
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5. The filling or excavation of lands located on the east side of Indian River
Drive.
E. Phasing. A Site Plan may be phased. The initial conditions, final site plan
and each phase shall be depicted on separate sheets. A binding schedule
for completion of each phase shall be included. Each phase or combination
of phases shall meet the requirements of this Article.
F. Conformance with Zoning Regulations Required. Any such building,
structure or use approved pursuant to this Article shall be erected, altered,
installed, and maintained in full conformity with the provisions of the
zoning ordinance and the approved Site Plan.
G. Site Plan Review Procedure.
1. Pre-application Conference Requirement. Prior to filing an
Application for Site Plan Approval, a pre-application conference
shall be held with the applicant and City staff, in order to formulate
the potential issues which shall be addressed in the Application for
Site Plan Approval. In order to request a pre-application
conference, the applicant shall file an application for a pre-
application conference with the Community Development Director,
on a form prescribed by the same. The application shall include, at
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a minimum, a sketch of the proposed Site Plan and a narrative of
the proposed activity. Within ten (10) working days following the
date of filing of the pre-application conference application (which
may be extended by the consent of the Community Development
Director and the applicant), the appropriate City staff, as
determined by the Community Development Director and the City
Manager, shall hold a pre-application conference with the applicant.
Within five (5) working days following the pre-application
conference, the Community Development Director shall issue a pre-
application report, which shall contain the issues to be addressed by
the applicant in the Site Plan Approval Application.
2. Site Plan Approval Application. An Application for Site Plan
Approval shall be filed with the Community Development Director
on a form prescribed by the same. Five (5) copies of the
Application and all supporting documentation shall be included at
the time of filing. The Community Development Director shall
distribute the Application and supporting documentation to
appropriate City staff and, if necessary to appropriate governmental
agencies, for review and comment. Following receipt of comments
on the Application, the Community Development shall issue a
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report and recommendations to the Planning and Zoning
Commission, which shall include a summary of said comments and
the staff recommendation. Following receipt of the report and
recommendations, the applicant shall provide the Community
Development Director with eleven (11) copies of the Site Plan, with
amendments, if needed, for distribution.
3. Review and Decision by Planning and Zoning Commission.
Following issuance of the report and recommendations, the
Planning and Zoning Commission shall hold a public hearing, with
due notice, and shall approve, approve with conditions, or deny the
Application for Site Plan Approval. If the Planning and Zoning
Commission denies an Application for Site Plan Approval, it shall
specifY the reasons for the denial, with specific reference to those
sections of the applicable City ordinances on which said denial is
based. An affected party may appeal the decision of the Planning
and Zoning Commission to the City Council, by filing a notice of
appeal with the City Clerk, on a form specified by the same, within
ten (10) working days following the date of the decision of the
Planning and Zoning Commission. The notice of appeal shall
include information concerning the disputed issues of the Planning
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and Zoning Commission's decision. The City Clerk shall place the
appeal on the next available City Council agenda following the date
of filing of the notice of appeal. The City Council's review shall be
based on the record.
H. Application for Modification of an Approved Site Plan
1. Minor Modification. A minor modification is defined as a
proposed modification to a previously approved Site Plan which
involves any redevelopment, renovation or reconstruction and
which includes either:
a. the addition of parking spaces, the total of which does not
exceed twenty-five percent (25%), including fractions
thereof, of the total number of existing approved parking
spaces, or five (5)parking spaces, whichever is greater,
b. an addition, attached or detached, to a building which does
not increase the floor area in excess of five hundred (500)
square feet,
c. the installation of utility system improvements, including
buildings which do not exceed two hundred (200) square
feet, all administratively approved modifications to a site
plan shall be limited to one time, one site approval,
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d. the addition of awnmgs, canopIes or other ornamental
structures,
e. the redesign or different location of pools, parking spaces,
drives and driveways, or
f. modifications to stairs or to the elevation of decks, porches,
terraces and fencing.
2. Minor Modification Approval Procedures. An Application for a
Minor Modification to a Site Plan shall be filed with the Community
Development Director on a form prescribed by the same. Two (2)
copies of the Application, illustrating the existing conditions and the
proposed modification and all supporting documentation shall be
included at the time of filing. The Community Development
Director shall distribute the Application and supporting
documentation to appropriate City staff and, if necessary to
appropriate governmental agencies, for reVIew and comment.
Following receipt of comments on the Application, the Community
Development shall issue a report and a decision approving,
approving with conditions or denying the Application. Any
approval shall contain a finding that the minor modification will not
significantly increase stormwater runoff or traffic generated at the
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site. The report and decision of the Community Development
Director shall be presented to the Planning and Zoning Commission
at its next regularly scheduled meeting following the decision. A
copy of said report shall be provided to the City Council.
A minor modification to a site plan shall be limited to one time, one
site approval. Site plans approved before August 13, 1997 shall be
entitled to apply for a one time, one site minor modification. After
the approval of a one time, one site minor modification, any
modification shall be processed as a major modification.
3. Review of Decision by Planning and Zoning Commission. An
affected party may appeal the decision of the Community
Development Director to the Planning and Zoning Commission, by
filing a notice of appeal with the Community Development
Department, on a form specified by the same, within ten (10)
working days following the date of the decision of the Planning and
Zoning Commission. The notice of appeal shall include information
concerning the disputed issues of the Community Development
Director's decision. The Community Development Department
shall place the appeal on the next available Planning and Zoning
Commission agenda following the date of filing of the notice of
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appeal. The Planning and Zoning Commission may request
additional information from the applicant, affected parties or City
Staff.
4. Major Modification to an Approved Site Plan. A major
modification is defined as a proposed modification to a previously
approved Site Plan which involves any redevelopment, renovation
or reconstruction and which includes either:
a. the addition of parking spaces, the total of which exceeds
twenty-five percent (25%), including fractions thereof, of
the total number of existing approved parking spaces, or
five (5) parking spaces, whichever is greater,
b. an addition, attached or detached, to a building which
increases the floor area in excess of five hundred (500)
square feet, or
c. the installation of utility system improvements, including
buildings which exceed two hundred (200) square feet.
4. Major Modification Approval Procedures
a. Pre-application Conference Requirement. Prior to filing
an Application for a Major Modification to a Site Plan, a
pre-application conference shall be held with the applicant
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and City staff, in order to formulate the potential issues
which shall be addressed in the Application for Site Plan
Approval. In order to request a pre-application conference,
the applicant shall file an application for a pre-application
conference with the Community Development Director, on
a form prescribed by the same. The application shall
include, at a minimum, a sketch of the proposed Site Plan
and a narrative of the proposed activity. Within ten (10)
working days following the date of filing of the pre-
application conference application (which may be extended
by the consent of the Community Development Director
and the applicant), the appropriate City staff, as determined
by the Community Development Director and the City
Manager, shall hold a pre-application conference with the
applicant. Within five (5) working days following the pre-
application conference, the Community Development
Director shall issue a pre-application report, which shall
contain the issues to be addressed by the applicant in the
Major Modification Site Plan Approval Application.
b. Major Modification Site Plan Approval Application.l
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An Application for a Major Modification to a Site Plan
shall be filed with the Community Development Director on
a form prescribed by the same. Five (5) copies of the
Application and all supporting documentation shall be
included at the time of filing. The Community Development
Director shall distribute the Application and supporting
documentation to appropriate City staff and, if necessary to
appropriate governmental agencies, for review and
comment.
Following receipt of comments on the
Application, the Community Development shall Issue a
report and recommendations to the Planning and Zoning
Commission, which shall include said comments and the
staff recommendation. Following receipt of the report and
recommendations, the applicant shall provide the
Community Development Director with eleven (11) copies
of the proposed modified Site Plan, with amendments, if
needed, for distribution.
c. Review and Decision by Planning and Zoning
Commission. Following issuance of the report and
recommendations, the Planning and Zoning Commission
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shall hold a public hearing, with due notice, and shall
approve, approve with conditions, or deny the Application
for a Major Modification to a Site Plan. If the Planning and
Zoning Commission denies an Application for a Major
Modification to a Site Plan, it shall specifY the reasons for
the denial, with specific reference to those sections of the
applicable City ordinances on which said denial is based. An
affected party may appeal the decision of the Planning and
Zoning Commission to the City Council, by filing a notice of
appeal with the City Clerk, on a form specified by the same,
within ten (10) working days following the date of the
decision of the Planning and Zoning Commission. The
notice of appeal shall include information concerning the
disputed issues of the Planning and Zoning Commission's
decision. The City Clerk shall place the appeal on the next
available City Council agenda following the date of filing of
the notice of appeal. The City Council's review shall be
based on the record.
I. Exceptions. Notwithstanding the above, Site Plans which meet the
following criteria may be approved administratively, in accordance with
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this section:
a. A proposed site plan which contains less than one thousand (1,000)
square feet of impervious surface, or
b. A proposed site plan which is comprised of one (1) or (2) dwelling
units located east ofIndian River Drive.
1. Administrative Site Plan Approval Procedures. An Application
for Administrative Approval of a Site Plan shall be filed with the
Community Development Director on a form prescribed by the
same. Five (5) copies of the Application, and all supporting
documentation shall be included at the time of filing. The applicant
shall provide a Site Plan illustrating a generalized floor plan,
elevations, location and description of all signs, parking, and
landscaped areas. The Community Development Director shall
distribute the Application and supporting documentation to
appropriate City staff and, if necessary to appropriate governmental
agencies, for review and comment. Following receipt of comments
on the Application, the Community Development Director shall
issue a report and a decision approving, approving with conditions
or denying the Application. The application shall then be scheduled
for the next Planning and Zoning Commission for their
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confirmation. A copy of said report shall be provided to the City
Council.
2. Review of Decision by Planning and Zoning Commission. An
affected party may appeal the decision of the Community
Development Director to the Planning and Zoning Commission, by
filing a notice of appeal with the Community Development
Department, on a form specified by the same, within ten (10)
working days following the date of the decision of the Community
Development Director. The notice of appeal shall include
information concerning the disputed issues of the Community
Development Director's decision. The Community Development
Department shall place the appeal on the next available Planning
and Zoning Commission agenda following the date of filing of the
notice appeal. The Planning and Zoning Commission may request
additional information from the applicant, affected parties or City
Staff.
3. Modifications to an Administratively Approved Site Plan.
Modifications to an Administratively Approved Site Plan shall
follow the same procedures as modifications to an Approved Site
plan.
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Section 2. Section 20A-I0.2 of the Code of Ordinances is hereby amended to
read as follows:
Sec.20A-10.2. Considerations in reviewing site plans.
The planning and zoning commission shall not approve a site plan or a major
modification to a site plan, nor shall the Community Development Director
administratively approve a site plan or a minor modification to a site plan, unless a
finding is made that such site plan conforms to all applicable provisions of the land
development code, code of ordinances and the comprehensive plan :
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Section 3. Section 20A-1O.2.L. of the Code of Ordinances is hereby amended to
read as follows:
L. Additional considerations. The planning and zonmg commISSIon or the
Community Development Director may require additional information be
provided by the petitioner for site plan review in order to carry out a review
process which is necessary to fulfill the purpose, intent and spirit of this chapter.
Section 4. Section 20A-1O.3.14 of the Code of Ordinances is hereby deleted.
Section S. Section 20A-I0A of the Code of Ordinances is hereby amended as
follows:
Sec.20A-10.4. Approval, disapproval and appeal procedure.
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A. Approval procedure, Upon the approval of such site plan, a building
permit may be issued pursuant to subsection 20A-l 0 A(B) by the city
building official. Provided, however, that no building permit shall be
granted until the time for appeal has expired. In the event that an appeal is
filed, no building permit shall be issued until after final determination of
such appeal. An appeal to a court of law shall not bar the issuance of a
building permit, unless an injunction is granted.
Section 6. Section 20A-I0.5 of the Code of Ordinances is hereby amended to
read as follows:
Sec. 20A-10.S. Termination, extension and transferability.
An approval of a site plan shall not run with the land. The approval of a
site plan shall terminate twelve (12) months after final approval, if
construction has not begun, as evidenced by the pouring of footings, by
said termination date. One extension, for a period not to exceed twelve
(12) months may be granted by the Planning and Zoning Commission, at its
discretion. Site plans approved prior to July 9, 1997, shall be entitled to
apply for one (1) extension, even though previous extensions may have
been granted. An application for an extension may be filed with the
Community Development Department of a form prescribed by the
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Community Development Director, no later than thirty (30) days prior to
the expiration of the site plan approval. Failure to file an application for an
extension or failure to perform any construction pursuant to the approved
site plan during the previous six months shall be considered an
abandonment of the site plan. Following an abandonment of a site plan,
subsequent applications shall be treated as new applications. Phased site
plans are subject to the same requirements for each phase. In the event
that the property receiving the site plan approval is sold, transferred,
leased, or if the ownership changes in any way whatsoever, the site plan
approval may be transferable, with no additional time prior to required
commencement of construction
Section 7.
CODIFICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section 8.
CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
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Section 9.
SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 10. EFFECTIVE DATE. This Ordinance shall become effective on July
1, 1997.
PASSED BY TIfE CITY COUNCIL OF TIfE CITY OF SEBASTIAN, FLORIDA, ON
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FIRST READING, THIS DAY OF _kU./,# 9 ,1997. PASSED AND ADOPlED BY
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TIfE CITY COUNCIL OF THE CITY 6F SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, nnS!-1DAYOF ~ 1997.
The foregoing Ordinance was moved for adoption by Councilmember
~/ 1./~.1' A) The motion was seconded by Councilmember
~/ k and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this,0 day of
tl7uJ7 , 1997..
CITY OF SEBASTIAN, FLORIDA
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ATTEST:
q{~~~'ro err!o. N~
Kathryn _ OHalloran, CMC/ AAE
(SealF'::
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." _Approved a~, to ~~ and Content:
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Valene Settles
City Attorney
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By:
Walter W. Barnes, Mayor