HomeMy WebLinkAboutO-97-340ORDINANCE NO. 0-97-34
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTIONS 20A-4.6., 20A-4.7.,
20A-4.9., 20A-4.10., 20A-4.11., 20A-4.12., 20A-4.13., 20A-4.14., AND
20A-4.16., OF THE LAND DEVELOPMENT CODE RELATING TO
PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY
SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR
MAYOR, CITY CLERK, AND CITY ENGINEER AND BY
REQUIRING CONSULTATION WITH THE CITY ENGINEER;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WIIEREAS, 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 Community Development Director for Mayor, City Clerk, and City Engineer and
by requiring concurrence of the City Engineer; 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-4.6. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
Sec. 20A-4.6. PUD(C) Commercial Planned Unit Development.
L. Subdivision improvements and urban design amenities. In addition to
requirements of Division V of 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 Community Development
Director with the concurrence of the city engineer through the
Public Works Department. The Community Development Director
with the concurrence of the city engineer shall consider the relative
advantages and disadvantages of curb and gutters, french drains,
retention/detention, swales and other similar drainage system
components. The Community Development Director with the
concurrence of 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:
*****
Section 2. 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.
L. Subdivision improvements and urban design amenities. In addition to
requirements of Division V of this Code, subdivision improvements shall
reinforce a unified industrial park design scheme. To this end, development
plans shall incorporate:
1. A drainage system approved by the Community Development
Director with the concurrence of the city engineer through the
Public Works Department. The Community Development Director
with the concurrence of the city engineer shall consider the relative
advantages and disadvantages of curb and gutters, french drains,
retention/detention, swales and other similar drainage systems
components. The Community Development Director with the
concurrence of 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:
Section 3. 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 PUl) zoning; conceptual development
plan.
B. Initial filing. Before a PUD shall be approved, an application for such
approval shall be filed together with the requisite fee at the office of the
Community Development Director. Such applications shall contain the
following materials or data in sufficient quantities for necessary referrals
and records:
Review procedures for ?SD zoning. Each applicant for PUD zoning shall
submit a conceptual development plan for review by city officials. The
review process shall be carried out pursuant to this article. If the
conceptual development plan and PUD zoning are approved, the applicant
shall submit a preliminary development plan for review by city officials:
1. Staff review. Five (5) copies of the conceptual development plan
shall be submitted to the office of the Community Development
Director and shall be reviewed by the community development
director, the city engineer, and such other staff or professional
consultants
appropriate.
as the Community Development Director deems
Section 4. Section 20A4.10. of the Land Development Code, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 20A-4.10. General procedure for preliminary development plan review.
D. Review procedures for preliminary development plan. Each applicant for
a PUD shall submit a preliminary development plan for review by city
officials. The review process shall be carried out pursuant to this article. If
the preliminary development plan is approved, the applicant shall submit a
final plat for review by city officials:
1. Staff review. Five (5) copies of the preliminary development plan
including a preliminary plat thereof, shall be submitted to the
Community Development Director and shall be reviewed by the
Community Development Director, the city engineer, and such
other staff or professional consultants as the Community
Development Director deems appropriate.
(i) Changes in preliminary development plan. If a final PUD
plan is submitted which includes changes from the approved
preliminary development plan, the community development
director shall review the plan to determine the effect of the
PUD and consistency with applicable ordinances. The
Community Development Director and commission
chairman shall determine whether any changes are of such
significance that the preliminary development plan should be
re-submitted to the planning and zoning commission. In any
case of doubt, the preliminary development plan shall be re-
submitted for commission approval. All minor changes shall
be approved by the community development director and
commission chairman.
Section 5. Section 20A-4.11. of the Land Development Code, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 20A-4.11. General procedure for final PUl) plan review.
Approval of the preliminary development plan by the city council shall constitute
authority for the applicant to submit a final PUD plan prepared in accordance with the
approved preliminary development plan and all conditions as may have been required by
the city council. A final PUD plan, including a plat thereof, shall not be considered
approved by the city council and shall not be recorded in the records of Indian River
County until it has been approved in a manner prescribed herein:
A. Filing final PUD plan. No final PUD plan shall be filed unless it has been
prepared on the basis of a duly approved preliminary development plan.
Five (5) copies of the final PUD plan shall be filed with the office of the
Community Development Director together with the requisite fee for
processing and reviewing the said plan.
F. Review procedures f or final PUD plan. Each applicant for a final PUD
plan shall submit said plan for review by city officials. The review process
shall be carded out pursuant to this article.
1. Staff review. The office of the Community Development Director
shall transmit the final PUD plat to the Community Development
Director, city engineer and such other
consultants as may be deemed necessary.
review, the community development director shall review the final
staff or professional
As part of the staff
PUD plan to assure that all public improvements are constructed
and in place pursuant to the approved plans and specifications, and
that no outstanding indebtedness is due for said improvements. As
an alternate surety, the applicant may deposit a certified check,
cash, or other bonding provision as the city council deems adequate
to ensure total compliance. The bond requirement shall be
established based on procedures to be adopted by resolution of the
city council.
Criteria for final PUD plan review. The city staff shall report its
findings in a written report to the planning and zoning commission.
The staff report shall evaluate the said plan based on the following
criteria:
(a) Compliance with preliminary development plan. The final
PUD plan shall incorporate all changes, modifications, and
conditions required for approval of the preliminary
development plan. The final PUD plan may constitute only
that portion of an approved preliminary development plan
which the applicant purposes to currently record and
develop, provided all requirements of this article are
satisfied by such portion standing alone.
If a final PUD plan is submitted which includes changes
from the approved preliminary development plan, the
Community Development Director shall review the plan to
determine the effect of the PUD and consistency with
applicable ordinances. The community development
director and commission chairman shall determine whether
any changes are of such significance that the preliminary
development plan should be resubmitted to the planning and
zoning commission. In any case of doubt, the preliminary
development plan shall be re-submitted for commission
approval,
engineer,
All minor changes shall be approved by the city
Community Development Director and
commission chairman.
Review and action by city council. Upon receipt of the written staff
evaluation of the final PUD plan, the city council shall consider said plan.
Such consideration shall be predicated on criteria listed in the above
paragraph. The city council shall approve, approve with conditions or
modifications, or deny the final PUD plan. The signature of the mayor,
date of approval and the seal of the city council on the final PUD plan has
been adopted. However, no plan approved with conditions or
modifications shall be executed until such conditions or modifications are
carried out. The office of the city clerk shall provide the applicant with
written notice of its action, including reasons for rejection in cases of
denial.
I. Minor changes in approved final PUD plan. Minor changes from the
approved final PUD plan in the location or siting of buildings and structures or
in the landscape plan may be authorized by signature of the community
development director and chairman of the planning and zoning commission, if
required by engineering or other circumstances not foreseen at the time the final
PUD plan was approved. No change authorized by this subsection may cause
any of the following:
Section 6. Section 20A-4.12. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
Sec. 20A-4.12. Conceptual development plan form and content.
D. Development plan:
3. Conceptual drainage plan. A conceptual drainage plan approved
by the Community Development Director with the concurrence of
the city engineer through the Public Works Department.
Section 7. Section 20A-4.13. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
Sec. 20A-4.13. Preliminary development plan form and content.
Updated environmental impact statement and environmental
survey. A statement explaining any additional information that may
have been gathered or calculated since the approval of the
conceptual development plan concerning any positive or negative
environmental impacts that may be associated with the
development. This statement shall include all environmental
information that may be submitted as part of the Development of
Regional Impact (DRI) review process, as applicable. The updated
environmental impact statement shall also include an environmental
survey showing the existing and proposed site conditions, including
contours at two-foot internals; watercourses; floor-plains; unique
natural features; areas of environmental concern; historic features;
and trees and vegetative cover shown in a tree survey. The
environmental survey shall identify trees on the site, drainage, and
the various aesthetic characteristics of the subject site and of
adjacent areas, and shall identify those portions of the area deemed
to be of critical environmental sensitivity. The planning and zoning
commission may grant a waiver to the tree survey requirement upon
recommendation by the Community Development Director. In
such case, an aerial photograph denoting the tree canopy at a scale
acceptable to the Community Development Director shall be
submitted in lieu of the tree survey.
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Graphic element of development plan:
1. Plat and site plan. A preliminary plat and site plan shall be
submitted in accordance with the provisions of the subdivision
regulations and zoning ordinance as constituted or may be
amended. The preliminary plat and site plan shall include maps
necessary to show at least the following:
(d) Date, north arrow and graphic scale acceptable to the
Community Development Director.
(j) Location of closest available county water supply system
and proposed preliminary design for water service
improvements, including proposed level of service, general
location of facility improvements, and schematic drawings
as required by the Community Development Director with
the concurrence of the city engineer. The final construction
drawing shall not be required prior to preliminary plan
approval, but shall be required prior to commencement of
the installation of such improvements.
(m) Location of proposed wastewater collection system and
proposed preliminary design of wastewater collection
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(n)
improvements, including proposed location of
improvements, level of service proposed, and schematic
drawings as required by the Community Development
Director with the concurrence of the city engineer. Final
construction drawings shall not be required prior to
preliminary development plan approval, but shall be
required prior to commencing the installation of such
facilities.
Location of proposed improvements for collecting and
discharging surface drainage and the preliminary design of
such facilities, including the proposed level of service, and
schematic drawings as required by the Community
Development Director with the concurrence of the city
engineer. Final construction drawings shall not be required
prior to preliminary development plan approval, but shall be
submitted prior to commencing the installation of such
facilities.
(o) Location and preliminary design of proposed bridges or culverts
which may be required, including the type of facility and general
level of service as well as schematic drawings as required by the
Community Development Director with the concurrence of the
city engineer. Final construction drawings shall not be required
prior to preliminary development plan approval, but shall be
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required prior to commencing the installation of such
improvements.
Section 8. Section 20A-4.14. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
Sec. 20A-4.14. Final PUD plan form and content.
*****
A. Required content and characteristics. The final PUD plat shall be
characterized by and include the following:
8. Bearings and monuments. The plat shall include accurate location
of all monuments together with bearings and dimensions to the
nearest established section or quarter-section comer or other
recognized permanent monuments which shall be accurately
described in the plat.
The center line of all streets shall be shown with distances, angles,
arc distance, central angles, tangents, and radii. Center points will
be shown on the plat by an appropriate designation and will be
placed along the center line of rights-of-way, preferably at center
line intersection, and other applicable points as may be directed by
the city council. Permanent center points and permanent reference
markers shall be considered improvements and shall be included in
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the performance bond and approved by the Community
Development Director.
Additional certifications for final PUD plan approval. The final PUD plan
shall be accompanied by the following certifications:
5. Certification of preliminary development plan. A certification by
the community development director that the preliminary
development plan, as duly approved, has been filed as part of the
final PUD plan. The community development director shall also
certify that no certificate of occupancy shall be granted in the future
until all elements of the plan have been completed, including the
landscaping.
6. Verification of final PUD plat. The final PUD plat shall be
accompanied by a written statement by the community development
director verifying that the final PUD plat includes all the
requirements of this article and all other applicable town, county or
state ordinances, statutes or regulations.
The Community Development Director shall check all final plats to
verify conformity with the preliminary plat as approved by the
council. In case of doubt as to conformance with the council's
approval, the community development director shall refer a copy of
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the final plat to the planning and zoning commission for a report on
conformity with the council's action.
Section 9. Section 20A-4.16. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
Sec. 20A-4.16. Enforcement and penalties.
In the event of a noncompliance with this article, the Community Development
Director or his designated representative shall have the authority to suspend construction
activity and revoke any building permit used under this article, and to take all actions
necessary to halt construction until such time as the provisions herein are complied with.
In the event legal action is necessary, and costs are incurred by the city in forcing
compliance, these expenses shall be borne by the developer or parties violating the terms
of this article.
Section 10.
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 11. 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 12. 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
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no way affecting the validity of the remaining portions or applications, which shall remain in full
force and effect.
Section 13. 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 ~//e~. , 1997. PASSED AND ADOPTED BY
was moved
The foregoing Ordinance for adoption by
L~LtT,~._ The motion was seconded by
. ~f~2x~f and, upon being put into a vote, the vote was as follows:
Councilmernber
Councilmember
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwfight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this '-~: of
1997.
CITY OF SEBASTIAN, FLORIDA
By: I~)~,)~ ~t] ~rC-kD
Walter W. Bames, Mayor
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ATTEST:
~' . .... ~-~.~-~,v.~, J l,/ ( ~ /'/T ~_~...E~.'~.~ ........ ,
- · '~at~ ~6~oi~, cuc/~
(Seal)
k~ed as to Form and Conte~
Valerie Settles
City Attorney
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