HomeMy WebLinkAboutO-97-35ORDINANCE NO. 0-97-35
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTIONS 20A-4.5.B., 20A-4.9.,
AND 20A-4.10., OF THE LAND DEVELOPMENT CODE RELATING
TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT
BY PROVIDING FOR APPROVAL BY THE CITY COUNCIL,
REQUIRING A PREAPPLICATION CONFERENCE, PROVIDING
FOR PUBLIC NOTICE, PROVIDING FOR A WRITTEN REPORT
FROM THE PLANNING AND ZONING TO THE CiTY COUNCIL,
AND PROVIDING FOR CITY COUNCIL DENIAL OF AN
APPLICATION; PROVIDING FOR CODllqCATION; 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 unii development by
providing for approval by City Council, requiring a pre-application conference, providing for
public notice, providing for a written report from the Planning and Zoning Commission to the
City Council, and providing for City Council denial of an application; and
WItEREAS, 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-4.5.B. of the Land Development Code, City of Sebastian, Florida
is hereby amended to read as follows:
B. Conditional uses.
Limited commercial development standards:
(a)
Design and market orientation. Any uses of a commercial nature
shall be designated to primarily serve the needs of the residents of
the planned development in which they are located, and such uses
shall be designed so as to maintain and protect the residential
character of the planned development and adjacent residential
neighborhoods as well. In order to accomplish these purposes:
(i) Enclosure. Such commercial uses shall be conducted within
a completely enclosed building with no outside display,
except those uses which by their nature must be conducted
outside a building.
reviewed by the
Any such outside storage use shall be
planning and zoning commission and
approved by the city council. If found acceptable, such use
shall be screened by a masonry wall or fence or a
combination berm and landscaping with a wall or fence and
shall provide a ninety (90) percent opaque screen.
Section 2. 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:
A. Preapplication conference. Prior to submitting a formal application for
PUD zoning, the petitioner is required to confer with the city staff and
other agencies and officials involved in the review and processing of such
applications and related materials. The petitioner is further required to
submit a tentative land use sketch plan for review at the conference, and to
obtain information on any projected plans, programs or other matters that
may affect the proposed planned community. This preapplication
conference should address but not be limited to, such matters as:
Review proceduresfi~r PUD 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:
3. Review by planning and zoning commission and city council. The
planning and zoning commission shall hold a public hearing, with
notice as required by section 20A-11.7 on each PUD zoning and
conceptual development plan. The Planning and Zoning
Commission shall submit a written report and recommendation
concerning the proposed change of zoning and the conceptual
development plan to the City Council for official action. The city
council shall also hold a public hearing following the procedures as
set forth in section 166.041, Florida Statutes, as presently
constituted or hereafter amended:
(b)
Action by the planning and zoning commission.
commission shall recommend approval, approval
modifications or conditions, or disapproval; and
The
with
such
recommendation shall be endorsed on the face of each copy
of the conceptual development plan by the chairman of the
commission. The recommendation and reasons for the
commission action shall be reduced to writing and
forwarded to the city council:
(I) Prescribed time limit for development. The city council may
approve a Planned Unit Development application subject to a
prescribed time limit of not more than eighteen (18) months for
the submission and approval of a preliminary development plan.
Upon the failure of the developer to meet this requirement, the
city council shall hold a public hearing, with notice as required
by section 20A-11.7, to consider terminating the approval of
the conceptual development plan and the city council may
initiate the rezoning of the property to an appropriate zoning
classification, pursuant to the
Sebastian Code of Ordinances.
procedures outlined in the
The prescribed time limit for
the submission approval of a preliminary development plan may
be extended by the city council for good cause if the developer
presents evidence within the one and one-half (1 ~A) year period
which demonstrates that the developer has progressed in good
faith toward implementing the conceptual development plan.
Section 3. Section 20A-4.10. 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 fi~r preliminary development plan.
3. Review by planning and zoning commission and city council. The
planning and zoning commission shall review the preliminary
development plan. If approved by the planning and zoning
commission, the city council shall also review the plan and approve
said plan prior to the submission of any final development plan:
(b) Action by the planning
and zoning commission.
commission shall recommend approval, approval
modifications or conditions, or disapproval; and
The
with
such
recommendation shall be endorsed on the face of each copy
of the preliminary development plan, by the chairman of the
commission. The recommendation and reasons for the
commission action shall be
forwarded to the city council:
reduced to writing and
(h)
Prescribed time limit for development. The city council
may approve a Planned Unit Development application
subject to a prescribed time limit of not more than eighteen
(18) months for the submission and approval of a final PUD
plan. Upon the failure of the developer to meet this
requirement, the city council shall hold a public hearing,
with notice as required by section 20A-11.7, to consider
terminating the approval of the preliminary development
plan and the city council may initiate the rezoning of the
property to an appropriate zoning classification pursuant to
the procedures outlined in the Sebastian Code of
Ordinances. The prescribed time limit for the submission
and approval of the final PUD plan may be extended by the
city council for good cause if the developer presents
evidence within the eighteen-month period which
demonstrates that the developer has progressed in good
faith toward implementing the preliminary development
plan.
Section 4. 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 5. 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 6, 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 7. 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 ~-V/~~ , 1997. PASSED AND ADOPTED BY
/
The foregoing Ordinance was moved for adoption by Councilmember
~;.~/~~:z~~~/~/~ 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. Cam~ght
Councilmember Larry Paul ~,f
Councilmember Ruth Sullivan ~
The Mayor thereupon declared this Ordinance duly passed and adopted this~_3~ay of
~/~(~ ,1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
Kathryn ~ O~Ialloran, CMC/AAE
(seal)
Approved as to Form and Content:
Valerie Settles
City Attorney