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Home My WebLink AboutO-97-33ORDINANCE NO. 0-97-33 AN ORDINANCE OF THE C1TY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-4.2., 20A-4.5., 20A-4.6., 20A-4.7., 20A-4.8., AND 20A-4.9. OF THE 1AND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY SUBSTITUTING FUTURE LAND USE DESIGNATION FOR ZONING DISTRICT AND ADDING FUTURE TO LAND USE MAP; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding planned unit development by substituting future land use designation for zoning district and by adding future to land use map; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-4.2. of the Land Development Code, City of' Sebastian, Florida is hereby amended to read as follows: Sec 20A-4.2. Conformance with comprehensive plan and zoning code. Each PUD submitted shall conform to all provisions of the comprehensive plan and this chapter. The designation shall herein. size and dimension requirements of the underlying future land use govern development within a PUD district, except as provided for Section 2. Section 20A-4.5. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 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 Future 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 future land use designation. B. Conditional uses. In this district any uses permitted in an underlying future land use designation as a conditional use may be allowed upon compliance with applicable conditions stated herein and upon compliance with all other applicable provisions performance criteria. of this code, including site plan review and The planning and zoning commission shall ascertain if such conditions and provisions are satisfied. Appeal of such decisions shall be heard by the city council. In addition, limited commercial development may be allowed subject to the following conditions: (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 therewith, devoted to said commercial uses shall be calculated using one of the following two (2) methods: a. The PUD(R) development may contain as much commercial land area as was future land use permitted in any underlying commercial district, although the location of the commercial activities need not be limited to the boundaries of the underlying commercial future land use district; or Section 3. Section 20A-4.6. of the Land Development Code, City of Sebastian, Florida is hereby mended to read as follows: Sec. 20A4.6. PUD(C) Commercial Planned Unit Development. CompBance with comprehensive plan and future land 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 Future Land Use Map designations. Limited Commercial (CL) General Commercial (GC) Commercial Waterfront (CW) Land use mix. The specific land use mix within a PUD(C) district development shall be determined by the underlying Comprehensive Plan Future 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 section 20A-4.10. 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 Future Land Use Map designation and shall be permitted by right within an approved PUD(C) development plan. 1. Limited Commercial land use designation. 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 Future Land Use Map designation: Conditional uses. Conditional uses shall include those land use activities cited below which are: (1) consistent with the Comprehensive Plan Future 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 planning and zoning commission shill determine if such conditions and provisions 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 Future Land Use Map designation provided that all provisions of Article IV of this Code are satisfied. In addition, residential development shall be permitted within a PUD(C) district upon meeting all conditional use criteria of this section. 1. Residential development. a. Applicable Designations. Residential development may be permitted within the underlying comprehensive plan future land use designations allowing such use provided that the criteria herein are satisfied. 2. Light industrial development. Light industrial development may be allowed only in those areas, if any, of a commercial PUD zone having a future land use classification of General Commercial (CG). The total land area proposed for light industrial development shall not exceed fifty (50) percent of the total developable land area with a general commercial land use designation. Section 4. Section 20A-4.7. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-4.7. PUD(I) Industrial Planned Unit Development. 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 Future Land Use Map designation and shall be permitted by right within an approved PUD(I) development plan. H. Conditional uses. Conditional uses shall include those land use activities cited below which are; (1) consistent with the Comprehensive Plan Future 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 planning and zoning commission shall determine if such conditions and provisions are satisfied. Appeal of such decisions shall be heard by the city council. Section 5. Section 20A-4.8. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-4.8. PUD(MI:I) Mobile l:Iome Planned Unit Development. This section provides specific regulations for the development of mobile home planned unit developments (PUD(MH) in areas designated for residential development on the Comprehensive Plan Future Land Use Map. Section 6. Section 20A-4.9. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 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 procedures: 2. Criteria for review. The city staff shall present its findings in a 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: (a) Compliance with the City of Sebastian Comprehensive Plan. The PUD zoning and conceptual development plan shall be consistent with the future land use designation denoted on the future land use map and be consistent with the policies contained therein. 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. 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 THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF M-)//~ , 1997. PASSED AND ADOPTED BY /- - THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS~fI:)AY OF /c//~2g ,1997. The foregoing Ordinance was moved for adoption by Councilmember d~7~v)¥~/-~t The motion was seconded by Councilmember 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~/~ay of /~~ ,1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor ATTEST: K&Chryn 1~. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content~_~ ~ Valerie Settles City Attorney