HomeMy WebLinkAbout02/11/2000 City of Sebastian, Florida
1225 Main Street [] Sebastian~ Florida 32958
Telephone {561} 589-5330 [] Fax {561} 589-5570
City Council Information Letter
February 11, 2000
Land Development Code - Additional Articles for Review
Attached you will find additional revised Land Development Code (LDC)
Articles for your review. Only three (3) articles remain for revision, which are
anticipated to be delivered later this month. As directed during your
Wednesday evening meeting, non incumbent candidates will receive copies
of all proposed revised LDC Articles, so as to promote a smooth transition in
the event that new elected officials are voted into office.
Proposed Amended Water Expansion Pro,qram Schedule
Please find the attached letter and backup documentation as compiled and
delivered by Mr. Steven Doyle, Capital Projects Manager, Indian River
County (IRC) Department of Utilities relative to plans to recommend to the
IRC Board of County Commissioners to revised the Sebastian Water
Assessment Project Schedule. The argument for this revision seems to
stem from problems associated with availability and delivery of materials
necessary to implement the program as expeditiously as possible. As such,
efforts are being made in cooperation with our offices to revise contracting
arrangements so as to maintain the schedule as publicly addressed by IRC
staff last September.
Riverview Park Sidewalk Expansion
Please be advised that staff in the public works department have been
directed to begin arrangements to initiate the Riverview Park Sidewalk
Expansion Program. Some of you may recall donations allocated by the
Sebastian Lions Club to help finance this activity. At this time, the City of
Sebastian is in position to work with Regan Masonry, Inc., the construction
City Council Information Letter
February 11, 2000
Page 2
services firm licensed and authorized by City Council to work with the City to
perform concrete/form and pour work on an as needed basis. As such,
arrangements will be made to coordinate this project, with the goal of
completion by Independence Day festivities in the community.
Update - Cornerstone Property
Please be advised that the property formerly under development by
Cornerstone, Inc., in the process of being foreclosed, is under control of
bankruptcy court. This in essence legally prevents the City of Sebastian of
filling appropriate liens (without prior court approval). Although staff had
been optimistic that this matter would have been resolved by now, based
upon discussions with parties involved, at this time there is no definite word
as to when the property will be released. As such, I have made a request to
City Attorney Rich Stringer to solicit permission from bankruptcy court to
allow the City of Sebastian to clean up the property and subsequently issue
a property lien accordingly.
Ol~enin~ Ceremonies - Sebastian Little League
Please find the attached flyer advertising opening ceremonies for the kickoff
of the 2000 Sebastian River Area Little League season, scheduled to take
place Saturday February 19th, 10:00 a.m. As I am a big fan of sports, I plan
to attend. Perhaps I'll see you there!
Enclosures:
Revised Land Development Code Articles
LettedPacket - Indian River County Department of Utilities
Flyer- Sebastian River Area Little League
My Docu ments/In foLetter29
City of Sebastian
1225MAIN STREET [] SEBASTIAN, FLORIDA32958
TELEPHONE (561)589-5537 [] FAX (561)589-2566
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
February 10, 2000
Terrence Moore
City Manager
Tracy Hass, Director
Growth Management Department
Final Revised Articles - Land Development Code
Attached, please find Articles XI - Environmental Protection, Article XVIII - Site Plan
Review Procedures, and Article XX - Planned Unit Developments ready for distribution
to City Council for their review. If you have any questions, please give me a call.
Thank you.
ARTICLE XX: PLANNED UNIT DEVELOPMENT (PUD)
SECTION 20A4.20.1: GENERAL RJEGULATIONS FOR PLANNED UNIT DEVELOPMENT (PUD)
The following regulations shall be applicable to all Planned Unit Development Districts:
A. PURPOSE AND INTENT OF PLANNED UNIT DEVELOPMENT.
The purpose and intent of the PUD district is to:
1. Achieve innovative and creative design and a high level of amenities within residential and non-residential
developments;
2. Promote efficient use of land by facilitating more cost effective and environmentally sensitive site planning, including
the arrangement of buildings, circulation systems, land use and facilities;
3. Stimulate opportunities for varied housing types;
4. Conserve and protect the natural environment including wetlands, natural habitat, drainage corridors, flood prone lands,
and other environmentally sensitive lands;
5. Provide for more useable and suitably located open space and recreation facilities and other public and common
facilities than would otherwise be provided under conventional land development procedures; and
6. Achieve harmonious building and site designs.
Although the PUD provides opportunities for unique concepts, a Planned Unit Development (PUT)) district shall comply
with the community character as promoted by the City Council and shall be designed to limit impacts of the development
internally within the confines of the PUD through compliance with the regulations established in the Comprehensive Plan
and as stipulated in the Land Development Code.
B. SIZE AND DIMENSION REGULATIONS. Within all Planned Unit Development districts the location, size,
dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and ail
other planned site improvements shall provide for:
Safe and convenient internal vehicular circulation, including access and sufficient area for effective delivery of
emergency services such as fire protection;
Buildings with safe entry and exit from the front and the rear of respective buildings; and
Convenient, well-landscaped, and designed pedestrian ways and open space systems.
All PUD zoned properties shall comply with the specific size and dimension standards in §20A-2.5.11-14 as well as the
following size and dimension criteria that shall be applicable throughout the PUD district:
Maximum Density/Intensity and Size and Dimension Criteria. The density and intensity of development within
PUD districts shall be consistent with the Comprehensive Plan Future Land Use Map designations. The density and
intensity expressed in Comprehensive Plan is the maximum density/intensity that can be achieved. However, the
maximum density/intensity is not guaranteed by right. Maximum gross residential densities shall be consh'ued to
represent the maximum allowable units which may be constructed on the gross land area, determined by dividing the
"maximum allowable units" by the "gross land area" (i.e., dwelling units/gross land area). Gross land area shall be
construed to represent all land under common ownership proposed for residential development.
Density designations shall be restricted or reduced for the following circumstances:
Waters of the City shall not be included as gross land area.
No development shall be permitted within jurisdictional lands and waters of the State or Federal government,
except in cases where agencies having jurisdiction determine that development rights exist. Reference §20A-
2.5.10(B).
Land Development Code Page XX-1 City of Sebasfim,
02/09/00 6:14 PM
Chapter IV: Administration of Plan Review & Subdivision Article XX: Planned Unit Development
In reviewing applications/site plans for development of particular building sites, approval of the specific
density/intensity and size and dimension requirements shall be based on the following:
Privacy. The building setback shall maintain privacy within residential dwelling units on and off site. These
setbacks shall take into consideration the location and size of windows and their relation to public and semipublic
areas, streets, other on- or off-site residential and nonresidential developments, windows and available as well as
proposed screening.
b. Light and Air. The building setbacks shall provide adequate light and air, taking into consideration the
relationship between window size and the provision of light and air.
Mitigate Potential Adverse On- or Off-site Impacts. Size and dimension requirements imposed on new
residential or non-residential development shall be directed toward mitigating potential on- or off-site adverse
impacts on land uses that are less intense than the use proposed within the planned unit development.
d. Density/Intensity, Building Configuration and Open Space. The arrangement and orientation of structures, open
space, landscaping, and pedestrian and vehicular circulation shall:
(1) Generate a functional and an aesthetically pleasing environment for user groups;
(2) Protect neighborhood cohesiveness and stability of residential characters;
(3) Ensure compatible transitions in land use density and intensity;
(4) Protect environmentally sensitive areas, particularly wetlands and floodplains;
(5) Minimize impacts of flood hazards to development;
(6) Require that all applicable Land Development Code regulations are satisfied including, but not limited to,
performance criteria of Chapter III and Article XVIII, "Site Plan Review Procedures";
(7) Ensure that the number of units proposed is suitable for the site and that the site plan incorporates design
features that are consistent with the requirements of the Land Development Code.
The maximum intensity stipulated for non-residential activities is stated in terms of floor area ratio (FAR).
Reference sections §20A-2.5.12-13. The City shalI reserve the power to mandate changes in the site plan as
well as mandate reductions in the density and/or intensity of development proposed by an applicant/developer
if the City finds that the proposed site plan does not satisfy provisions of the Comprehensive Plan and the Land
Development Code. See FAR illustration in §20A-2.5.10(B).
Setbacks. Minimum setbacks shall be stipuIated for typical lots proposed in the conceptual development plan. The
preliminary development plan shall provide detailed information on all setbacks for each respective lot. The City shall
retain the authority to mandate minimum setbacks during site plan review based on specific site plan considerations and
consistent with sound application of urban design principles and practices. Consideration shall be directed toward
provision of usable open space, privacy, fenestration (i.e., roof line, placement and design of windows and doom),
access to light and air, preservation of natural vegetation, landscaping, pedestrian and vehicular access, surface water
management, pedestrian plazas, and other similar attributes of urban design which impact lot configuration, building
layout and arrangement of open spaces.
C. SUBDIVISION IMPROVEMENTS AND URBAN DESIGN AMENITIES. In addition to requirements of Article XIX,
"Subdivision" of this Code, all urban design amenities such as signage, open space systems, pedestrian walkways, and street
furniture shall reflect accepted 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. To this end, development plans
shall incorporate:
A City Approved Drainage System. The Developer shall consider the relative advantages and disadvantages of curb
and gutters, french drains, retention/detention, swales and other similar drainage system components and submit the
proposed system to the City Engineer for review. The City Engineer shall make recommendations to the Planning and
L,'md Development Code Page XX-2 City. of Sebastian
02/09/00 6:14 PM
Chapter IV: Administration of Plan Review& Subdivision Article XX: Planned Un/t Development
Zoning Commission. After considering staff recommendations, the Planning and Zoning Coramission shall recommend
appropriate action to the City Council. After considering all recommendation, the City Council shall make a final
decision regarding the drainage system or combination of systems most appropriate for surface water management. The
following factors shall be considered:
a. Natural environmental conditions of the site;
b. Existing and proposed future hydrological conditions of the site, including existing and proposed site elevations,
amounts and rotes of water mn-off, water quality, and other related factors;
c. Available drainage improvements on and off site;
Intensity of proposed use, potential barriers to movement, and impacts of the drainage system alternatives on pedes-
trian and traffic circulation, aesthetics of the project and impacts on the surrounding area; and
Potential contaminants or pollutants generated by land uses, motor vehicles, or other sources of pollutants and
contaminants.
Sidewalks Complying with Subdivision Code and Improvements to Enhance Pedestrian Movement. Sidewalks
shall be planned and installed consistent with subdivision requirements. The sidewalks shall link vehicle use areas
including parking areas with all principal buildings. The pedestrian circulation system shall include marked pedestrian
crossings in order to separate vehicular and pedestrian traffic.
Open Space and Landscape Furniture. Open space and landscape farnimre, including open plazas, walkways,
functional and aesthetic paving material, street benches, waste disposal receptacles, and sidewalk plantings may be used
to promote the project's urban design and aesthetics.
4. Other Subdivision Improvements. All other subdivision improvements and project amenities shall be consistent with
a unified urban design.
Loading Docks. Loading docks are prohibited on inter/or streets. Required loading docks shall be located at the rear of
all principal structures. Parking for trucks and all other company owned or controlled vehicles shall be located at the
rear of all principal structures.
Storage Areas. If the Planning and Zoning Commission determines that a demonstrated necessity exists for outside
storage or display due to the impracticality and unreasonableness of enclosure of such services, storage and display
areas, in such case such service, storage and display areas or yards shall be screened by a continuous fence or wall by
landscaping and berm system so as to provide a ninety (90) pement opaque screen with a minimum height of five (5) to
eight (8) feet, unless the same is demonstrated by the applicant to the Planning and Zoning Cormmission's satisfaction to
be impractical and unreasonable.
K. PUD REQUIREMENTS CONTINUING.
The requirements of Article XX shall be continuing and enfomeable against any PUD approved pursuant to this article. The
requirements shall mn with the land and shall be enforceable regardless of transition in ownership. Article XX shall be
enforceable against open space, green space, landscape, and tree protection requirements, either existing or as hereinafter
may be adopted. The respective uses sbalI be allowed only after a finding that the use complies with the appropriate
conditional use criteria and all other applicable provisions of this Code. The City Council shall determine if such conditions
and provisions are satisfied after first considering the recommendations of the Plauning and Zoning Commission.
SECTION 20A-4.20.2: PUD ZONING AND CONCEPTUAL DEVELOPMENT PLAN APPROVAL.
A. GENERAL PROCEDURES FOR CONCEPTUAL DEVELOPMENT PLAN SUBMITTAL AND APPROVAL.
Petitions for PUD zoning shall be submitted and processed as zoning amendments generally and in accordance with the
following special procedures:
Pre-application Conference. Prior to submitting a formal application for PUD zoning, the petitioner is required to
confer with the City and other County, State or regional agencies having jurisdiction or permitting responsibilities
impacting the proposed development. The petitioner is also required to submit a tentative land use sketch plan for
Laid Development Code Page XX-3 City of Sebastian
02/09/00 6:14 PM
Chapter IV: Adminiswafion of Plan Review & Subdivision Article XX: Planned Unit Development
review at the conference, and to obtain information on any projected plans, programs or other matters that may affect
the proposed planned community. This pre-application conference should address, but not be limited to, such matters
as:
The proposed relationship between the anticipated project and surrounding uses, and the effect of the proposed
development on the City of Sebastian Comprehensive Plan Goals, Objectives, and Policies as well as other stated
planning and development objectives of the City. Prior to receiving any PUD zoning district classification, the
applicant must apply for and receive a Planned Unit Development Comprehensive Plan Future Land Use Map
designation for the subject property.
The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development. The
applicant shall be required to submit narrative and graphic information that addresses concurrency management
issues pursuant to Article IX, "Concurrency Management" of the Land Development Code.
The nature, design, and appropriateness of the proposed land use arrangement for the size and configuration of
property involved.
Initial Filing. Before a PUD shall be approved, an application for the PUD zoning and conceptual plan approval shall
be filed with the requisite fee to the Planning and Growth Management Department. Such application shall contain the
following materials or data in sufficient quantities for necessary referrals and records:
Evidence that the proposed PUD District land uses, including the proposed density and/or intensity comply with the
land uses, density and intensity allowable pursuant to the specific Comprehensive Plan Future Land Use Map
designation for the subject property. The applicant must seek a Comprehensive Plan Future Land Use Map
amendment if the proposed land uses, density or intensity proposed within the PUD are inconsistent with the
Comprehensive Plan Future Land Use Map designation for the subject property. Such application may be filed
concurrently with the application for the PUD district zoning; however, no action shall be binding on the PUD
zoning petition until the necessary amendment to the Comprehensive Plan Future Land Use Map has been duly
approved by the City and the State of Florida.
b. A proposed Conceptual Development Plan as prescribed in Section 20A-4.20.2(B) herein.
c. Such other materials as the petitioner may feel is applicable to and in support of the PUD zoning.
d. Any additional information as may be required by the Planning and Zoning Commission or the City Council at the
time of any public hearing.
3. Fee for PUD Zoning Review. The minimum fee for filing said application shall be established by resolution of the
City Council.
Ownership Requirements for Application. A PUD zoning application shall be filed in the name or names of the
record owner(s) of the property included in the PUD. However, the application may be flied by an applicant with an
equitable interest in the property, or by an attorney or agent for the owner. All applications shall include a verified
statement showing each and every individual person having a legal equitable and/or beneficial ownership interest in the
property upon which the application for site plan approval is sought, except corporations, in which case the name and
address of the corporation and principal executive officers will be sufficient.
All land included for the purpose of development within a PUD district shall be owned or under the control of the
petitioner for such zoning designation, whether that petitioner be an individual, partnership or corporation, or a group of
individuals, partnerships or corporations. The petitioner shall present firm evidence of the unified control of the entire
area within the proposed Planned Unit Development and shall stipulate that, if the petitioner proceeds with the proposed
development, the petitioner shall:
a. Do so in accord with the officially approved conceptual PUD Plan for the development, and such other conditions
or modifications as may be attached to the PUD approval.
Land Development Code Page XX-4 City of Sebastian
09/09/00 6:14 PM
Chapter rv: Administration of Plan Review & Subdivision
Article X~ Planned Unit Development
Submit as part of the final development plan, agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the City Council for completion of the undertaking in accordance with the adopted conceptual PUD
Plan. The same shall guarantee that the applicant/owner shall provide for the continuing operation and maintenance
of all areas, functions, and facilities that are not to be dedicated.
c. Bind the proposed development, including successors in title, to any commitments made under a. and b. preceding.
Review Procedures for PUD Zoning. Each applicant for PUD zoning shall submit a Conceptual Development Plan
for approval by the City Council. 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 the Planning and Growth Management Department.
StaffReview. Ten (I0) copies of the Conceptual Development Plan shall be submitted to the Planning and Growth
Management Department for review by appropriate City staff and other professional consultants as deemed
appropriate.
b. Criteria for Review. The staff review shall address the following criteria:
(1) Compliance with the City. of Sebastian Comprehensive Plan.
(2) Conformance with Applicable Ordinances.
(3) Land Use Compatibility.
(4) Adequate Public Facilities.
(5) Natural Environment.
(6) Economic Effects.
(7) Orderly Development.
(8) Public Interest;
(9) Other Matters. Any other matters which the City may deem appropriate or that would be of particular rele-
vance to the Planning and Zoning Commission and/or the City Council.
Review by Planning and Zoning Commission and City Council. The Planning and Zoning Commission shall
hold a public hearing on each PUD zoning and conceptual development plan. The Planning and Zoning
Cormnission shall submit a written report and recommendation concerning the proposed changes of zoning and
conceptual development plan to the City Council for official action.
Considerations by the Planning and Zoning Commission. The Planning and Zoning Commission shall
consider all aspects of the Conceptual Development Plan necessary to meet the intent and requirements of this
article and the Comprehensive Plan. The Planning and Zoning Commission shall also consider the
recommendations and comments in the Planning and Growth Management Director's report. The Planning and
Zoning Commission shall evaluate the Conceptual Development Plan as defined in Section 20A-4.20.2(B).
The Planning and Zoning Commission shall hold a public hearing and recommend to the City Council based on
whether the Conceptual Development Plan is consistent with Comprehensive Plan and whether the Conceptual
Development Plan generally complies with Development Plan Review Considerations and Performance
Criteria of Article XVIII. The burden is on the applicant to demonstrate that the development is consistent
with the Comprehensive Plan. Furthermore, through the Conceptual Development Plan the applicant must
demonstrate that the proposed development can and shall comply with all provisions of the Land Development
Code. The applicant/developer is not required to satisfy all regulations governing site plan approval at this
stage of the review process. However, the applicant/developer must demonstrate through the Conceptual
Development Plan that the proposed development can reasonably be anticipated to satisfy site plan review
requirements, including all performance criteria within the time frames mutually agreed upon.
Land Development Code Page XX-5 City of Sebastian
02/09/00 6:14 PM
Chapmr IV: Admir~ wadon of Plan Review & Subd/visJon
ArfideXX: Planned Unit Development
(2)
Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall recommend
approval, approval with modifications or conditions, or denial of the reznning request and conceptual
development plan. The Planning and Growth Management Director shall prepare a written report of the
Planning and Zoning Commission's action, including the action, any condition stipulated by the Commission,
and, if the Commission recommends denial, the report shall clearly state the reasons for denial and cite
provisions of the Code which support the decision of the Commission. The report describing the Planning
and Zoning Commission's recommendation shall be in writing and forwarded to the City Council.
(3)
Consideration by City Council. The City Council shall consider the recommendations and comments of the
Planning and Zoning Commission and the Planning and Growth Management Director. The City Council may
make such investigations as may be deemed reasonably necessary to ensure conformity with the intent and
requirements of this article.
(4)
Action by the City Council. The City Council shall hold a public hearing and approve, approve with
modifications or conditions, or deny the Conceptual Development Plan, or may refer the plan to the PIanning
mad Zoning Commission for farther consideration. In making its decision, the City Council shall consider all
aspects of the Conceptual Development Plan necessary to meet the intent and requirements of this article and
the Comprehensive Plan.
(5)
Conditions. In approving a Conceptual Development Plan, the City Council may establish such conditions
and may require such modifications as shall ensure compliance with the PUD district standards and regulations
and furlher, the City Council may waive or modify subdivision, site plan or other zoning requirements
otherwise applicable to the development when such waiver or conflict is not in conflict with the City's
Comprehensive Plan or the intent and purpose of the Land Development Code.
(6)
Application for Rezoning. In the event that a Conceptual Development Plan shall be disapproved by the City
Council, the application for rezoning shall thereby be deemed to be denied. In the event that the City Council
shall approve, or approve with modifications or conditions, a Conceptual Development Plan, the City Council
shall thereupon grant with conditions the rezoning application accompanying said plan.
(7)
Additional Information. Prior to, or in addition to, approval of a Conceptual Development Plan, and upon a
determination that additional information is necessary for proper review of a Planned Unit Development
project, the City Council may require the submission of additional information by the applicant. The review of
such additional information shall follow the procedures applicable to the review of the Conceptual
Development Plan.
(8)
Amendments of Conceptual Development Plans. Once a Conceptual Development Plan has been approved,
and them is cause for amendment of the same, or any portion thereof, such amendment shall be processed in a
like manner as the original submission. However, there shall be no requirement to file an amended mzoning
application unless the proposed amendment would so dictate.
(9)
Prescribed Time Limit for Development. The city council may approve a Planned Unit Development
application subject to a proscribed 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
conceptual plan becomes void.
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 ( I V2) year period
which demonstrates that the developer has progressed in good faith toward implementing the conceptual
development plan. The developer shall apply for the extension at least ninety (90) days before the conceptual
plan approval becomes void.
B. REQUIRED FORM AND CONTENT OF CONCEPTUAL DEVELOPMENT PLAN. An official application for PUD
zoning shall be accompanied by a Conceptual Development Plan that includes as a minimum, the following:
Vicinity Map. A vicinity map drawn to a minimum scale of one (1) inch = 200 feet which clearly shows the site in
relationship to its surroundings, and an aerial photograph made within the last four (4) years at a scale of at least one (1)
inch = 200 feet showing all property within 1,000 feet of the project boundaries is required.
Land Development Code Page XX-6 City of Sebastim,
02/09/00 6:14 PM
Chapter Pi: Adminiswafion of Plan Review & Subdivision
Article XX: Planned Unit Development
Property Boundaries. A certified survey delineating the location and dimensions of all boundary lines of the
development, and of any contiguous lands, including those separated only by a street, canal, or similar feature, in which
the developer or property owner presently has any legal interest.
Existing Conditions. The approximate location, nature, and extent of all existing easements, streets, buildings, land
uses, historic sites, zoning, tree groupings, environmentally sensitive areas, wetlands, watercourses, and general U.S.
Coast and Geodetic sheet topographic contours on the site; the location of areas within the A, AE, and VE Zones as
delineated on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) for the City of
Sebastian; the names of the property owners of record and existing zoning and land uses for all property within three
hundred (300) feet of the perimeter of the PUD; and the approximate location and width of all existing or platted streets,
drainage ways, utilities, exceptional land characteristics, and similar features contiguous to the site.
Future Land Use Map Designations and Existing Zoning. The boundaries of underlying future land use map
designations and existing zoning districts.
5. Development Plan.
a. Legal Description. A legal description of the land comprising the PUD project.
Proof of Ownership. Legal instruments acceptable to thc City Attorney that clearly indicate persons having a legal
and/or equitable ownership interest in the subject property. Where ownership resides with a publicly held
corporation whose stock is traded on a nationally recognized stock exchange, the name and address of the
corpomtinn and all of its principal executive officers will be sufficient. The documentation shall also include an
affirmation that no other persons have claims or interests (known to the applicant, developer, or owners) which
might affect their right to develop the entire PUD project as proposed.
Land Use. The total project acreage, approximate location of each land use and proposed intensity, acreage by each
proposed land use, dwelling unit types, general types of non-residential uses, open spaces, recreational facilities,
and other proposed uses. The quantitative land use data shall be illustrated in a table that clearly depicts the total
number of acres allocated to each active Iand use, conservation uses, water bodies, recreation areas, and other
similar allocation. The table shall also depict total acres. The pement of land area allocated to each category of land
shall equal one hundred (100) percent.
d. Circulation. Circulation facilities plan shmving approximate locations and types of all access points and major
streets.
e. Conceptual Drainage Plan. A conceptual drainage plan designed by a Florida registered professional engineer.
f. Location and Densities of Proposed Residential Activities. General location and proposed densities for each
dwelling unit type and approximate number of dwelling units by type.
Location and Square Footage of Proposed Non-Residential Activities. Approximate location and square
footage of each non-residential land use by general type, e.g., offices, neighborhood commercial, industrial, etc.,
together with description of general characteristics of proposed building and/or facility improvements.
6. Written Material.
Planning Objectives. A statement of planning objectives to be achieved by the PUD through the particular
approach proposed by the applicant. This statement should include a description of the character of the proposed
development and the rationale behind the assumptions and choices made by the applicant. The statement shall
include a proviso that provisions of the Comprehensive Plan and Land Development Code shall be satisfied.
Development Schedule. A proposed binding development schedule indicating the approximate starting and
completion dates for the entire project and any phases thereof, together with appropriate identification and
conceptual description of such phases.
Land Development Code Page XX-7 Ciiy of Sebastian
02/09/'00 6:14 PM
Chapter IV: Adrrdrdstrafion of Plan Review & Subdivision
Ardde XX: planned Unit Development
Environmental Impact Statement. A statement explaining the positive and negative environmental impacts of
the proposed development on: a) environmentally fragile lands including any lands designated "Conservation" on
the Official Zoning Map, as well as any other wetlands, native habitats, flood plain, and any other significant
natural features; b) natural vegetation, including general tree removal estimates; c) impact of proposed grading plan
and drainage system improvements; and d) other significant natural features of site.
Public Facility Impact Statement. A statement identifying the estimated impact of the proposed development on
public facilities including: a) quantity of wastewater generated; b) quantity of. potable water required; c) description
of recreation facilities proposed; d) estimated number of school age children expected within the development; e)
estimated property tax and/or sales tax revenue generated by the project by phase; and f) any other positive or
negative significant public facility impact.
e. Additional Information. Any other additional material and information as the Planning and Growth Management
Director, Planning and Zoning Commission or City Council may reasonably require.
SECTION 20A-4.20.3: PLANNED UNIT DEVELOPMENT (PUD) PRELIMINARY DEVELOPMENT PLAN AND
PRELIMINARY PLAT REVIEW
A. GENERAL PROCEDURES FOR PREMINARY PUD DEVELOPMENT PLAN AND PRELIMINP~RY PLAT
SUBMITTAL AND APPROVAL. The granting ofa rezoning to a Planned Unit Development (PUD) and the approval of
its accompanying Conceptual Development Plan by the City Council shall constitute authority for the applicant to submit a
Preliminary Development Plan. The Preliminary Development Plan shall be filed, processed and reviewed pursuant to this
section. The Preliminary PUD Plan shall include a development plan and a preliminary plat in accordance with ArticIe XIX.
Filing Preliminary Development Plan. No Preliminary Development Plan shall be filed unless it has been prepared on
the basis of a duly approved Conceptual Development Plan. The Preliminary Development Plan shall be submitted
within the requisite time limit, as established at Conceptual Development Plan approval or as may be extended by City
Council action.
2. Fee for Preliminary Development Plan Review. The minimum fee for filing said application shall be established by
resolution of the City Council.
3. Ownership Requirements for Application. The ownership requirements for filing a Preliminary Development Plan
shall be the same as for filing the Conceptual Development Plan as herein set forth.
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.
Staff Review. Ten (10) copies of the Preliminary Development Plan shall be submitted to the Planning and Growth
Management Department for review by appropriate City staff and other professional consultants as deemed
appropriate.
b. Criteria for Review. The staff review shall address the following criteria:
(1) Compliance with Subdivision Regulations.
(2) Compliance with Zoning Regulations.
(3) Compliance with the Comprehensive Plan.
(4) Compliance with the Conceptual Development Plan.
Review by Planning and Zoning Commission and CiW Council. The Planning and Zoning Commission shall
hold a public hearing on each preliminary development plan. If approved by the Planning and Zoning Commissino,
the City Council shall also review the plan and approve said plan prior to submission of any Final Development
Plan.
Land Development Code Page XX-8 City oI Sebastian
02/09/00 6:14 PM
Chapter IV: Administration of Plan Review & Subd/vision
An/de XX: Planned Unit Development
(1)
Considerations by the Planning and Zoning Commission. The Planning and Zoning Commission shall
consider all aspects of the Preliminary Development Plan necessary to meet the intent and requirements of this
article and the comprehensive plan. The Planning and Zoning Commission shall also consider the
recommendations and comments of the staff. The Plauning and Zoning Commission shall recommend to the
City Council whether the development plan and preliminary plat comply with the conceptual development
plan, the Comprehensive Plan, and the Land Development Code, as well as performance criteria of Chapter III,
Articles IX - XVII. The burden of proof shall reside with the applicant/developer to demonstrate compliance.
(2)
Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall recmnmend
approval, approval with modifications or conditions, or disapproval. The recommendation and reasons for the
Planning and Zoning Commission action shall be in writing and forwarded to the City Council.
(3)
Consideration by City Council. The City Council shall consider the recommendations and comments of the
Planning and Zoning Commission and staff. The City Council may make such investigations as may be
deemed reasonably necessary to ensure conformity with the intent and requirements of this article.
(4)
Action by the City Council. The City Council shall hold a public hearing with due notice and shall approve,
approve with modifications or conditions, or deny the Preliminary Development Plan, or may refer the plat to
the Planning and Zoning Commission for further consideration. In making its decision, the City Council shall
consider all aspects of the Preliminary Development Plan necessary to meet the intent and requirements of this
article and the Comprehensive Plan.
Conditions. In approving a Preliminary Development Plan, the City Council may establish such conditions
and may require such modifications as shall assure compliance with the Planned Unit Development standards
and regulations.
(6)
Requests for Additional Information. Prior to, or in addition to, approval of a Preliminary Development
Plan, and upon a determination that additional information is necessary for proper review of a Planned Unit
Development project, the City Council may require the submission of additional information by the applicant.
The review of such additional information shall follow the procedures applicable to the review of the
Preliminary Development Plan.
(7)
Amendments of Preliminary Development Plans. Once a Preliminary Development Plan has been
approved, and there is cause for amendment of the same, or any portion thereof, such amendment shall be
processed in a like manner as the original submission. However, there shall be no requirement to file an
amended Conceptual Development Plan, unless the proposed amendment would so dictate.
(8)
Prescribed Time Limit for Development. The City Council shall approve a preliminary development plan
application subject to a prescribed time limit of not more than eighteen (18) months for the submission and
approval of a Final PUD Plan. If the preliminary development plan has not been implemented within the
required time period, the preliminary development plan becomes void. If the developer cannot meet this
requirement, the developer may request a extension of the Preliminary Development Plan. The request for
such an extension shall be made no later than ninety (90) days before the preliminary development plan
becomes void. The proscribed 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.
(9)
Changes in Preliminary Development Plan. Ifa Final PUD Plan is submitted which includes changes from
the approved Preliminary Development Plan, the Planning and Growth Management Director shall review the
plan to determine the effect of the PUD and consistency with applicable ordinances and make a
recommendation to the Planning and Zoning Commission. The Planning and Growth Management Director
may approve minor site plan modifications as provided for in Article XVIII. The Planning and Growth
Management Director may request that the Planning and Zoning Commission determine whether any changes
are of such significance that tho Preliminary Development Plan should be re-submitted to the Planning and
Zoning Commission for review and approval by the City Council. In any case of doubt, the revised Preliminary
Development Plan shall be m-submitted for a recommendation by the Planning and Zoning Commission and
approval of the City Council.
Land Development Code Page XX-9 City of Sebastian
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Chapter IV: Administration of Plan Review & Subdivision
Article XX: Planned UnitDevelopment
REQUIRED FORM AND CONTENT FOR DEVELOPMENT PLAN AND PRELIMINARY PLAT. A Preliminary
Development Plan shall be submitted along with all of the material included in the approved Conceptual Development
Plan. No permit for construction of subdivision improvements shall be issued until the preliminary plat and
development plan have been duly approved. The Preliminary Development Plan shall include the conceptual plan
together with the following:
1. Written Material.
a. Development Schedule. A development schedule indicating the approximate date when construction of the PUD
or stages of the PUD can be expected to begin and be completed.
b. Quantitative Data.
(1) Total number of dwelling units by type.
(2) Total parcel size.
(3) Proposed lot or building site coverage by buildings and structure.
(4) Proposed lot or building coverage by impervious surfaces, other than buildings and structures.
(5) Gross and net residential density.
(6) Proposed amount of open space.
(7) Proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated
for public facilities and services.
(8) Internal Circulation plan depicting all proposed streets, alleys and ingress/egress locations.
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
intervals; watercourses; areas within the coastal high hazard area; flood plains; wetlands; or environmentally
sensitive wetlands; waters of the State, survey of wetlands, and/or transitional wetlands under the jurisdiction of the
State or federal government; native habitats; other 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 Planning and Growth Management
Director. In such case, an aerial photograph denoting the tree canopy shall be submitted in lieu of the tree survey.
Updated Public Facility Impact Statement, Including a Concurrency Management Plan. A statement identi-
fying any additional data or information that may have gathered or calculated since the approval of the Conceptual
Development Plan, concerning impacts of the development on public facilities including strategy for meeting
Article IX concurrency management system requirements for each of the following: a) method and design for
accommodating anticipated wastewater to be generated by the developmem; b) planned recreation and open space
improvements; c) method and design improvements required to supply anticipated potable water needs; d) system
design for stormwater management projected improvements; e) traffic generation and traffic assignments together
with proposed improvements to accommodate projected trips while maintaining adopted level of service standards;
f) planned methods for accommodating projected solid waste generation; g) estimated number of schooI age chil-
dren expected within the development and plans for accommodating their educational needs; h) estimated property
tax and/or sales tax revenue generated by the project by phase; and i) any other positive or negative public facility
impact. The statement shall also include all public facilities impact information that may be submitted as part of a
Development of Regional Impact (DP-d) review process, as may be applicable.
Land Development Code Page XX-10 City of Sebastian
02/09/00 6:1 ~g PM
Article XX: planned UnitDevelopment
DRI Information. If any Planned Unit Development qualifies as a Development of Regional Impact (DRI), as
defined in Chapter 380, FS, such projects shall include all data submitted as part of the required Application for
Development Approval (ADA). If the applicant is within 80 percent of the State's established DRI threshold, or if
land ownership patterns in the vicinity of the site indicate DRI potential, the City shall require that the applicant
obtain a binding letter from the State Department of Community Affairs. In such case the City shall not grant a
development order or site plan approval until the applicant has demonstrated through a binding letter that the
project is not a DRI.
Archeological and Historic Resource Information. The location and nature of archeological sites and historic
buildings that are located within the proposed PUD, and the intended use of each shall be included graphically on
the preliminary plat.
g. Additional Information. Any other additional information or material, including a traffic impact analysis, which
the City Staff, Planning and Zoning Commission or City Council may reasonably require.
2. Graphic Element of Preliminary Development Plan.
Plat. If the project involves the subdivision of land, then a preliminary plat, prepared by a Florida registered
engineer shall be submitted. The preliminary plat shall be submitted in accordance with the provisions of the
subdivision regulations. The surface water management plan meeting criteria of Article XII, as well as other
infrastructure components, including roadway improvements, water and wastewater facilities, and other scheduled
infrastructure improvements shall be prepared by a Florida registered engineer. The preliminary plat shall include
maps, data and written statements necessary to show at least the following:
(1) Proposed name of the PUD, title of map, name of City, and description of section, township and range.
(2) Name and address of record owners, applicant, and person preparing preliminary development plan.
(3) The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage.
(4) Date, north arrow and graphic scale.
(5) Legal description and survey of the proposed PUD boundaries made and certified by the Florida registered land
surveyor.
(6)
Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area
size of all existing and proposed buildings, structures, and other improvements. Designation of all dwelling
unit types and number of units. Net residential density calculations. Plans for non-residential uses shall
include the square footage allocated to each respective use.
(7) Location, name and dimensions of ali existing and proposed dedicated public lands and private parks and
recreational areas and the conditions of such dedication.
(8)
The width and location of any street or fight-of-way shown upon the comprehensive plan within the PUD and
the proposed width, location and grade of all streets proposed public or private, proposed on- or off-site by the
applicant. Where private streets and roadways are proposed or where cormnon areas are proposed legal
instruments mrming with the land shall be provided which ensure perpetual maintenance. Include projected
trips, trip assignments to roadway network, existing and projected levels of service on impacted linkages, and
proposed traffic improvements, including new facilities, additional lanes, signalization improvements,
acceleration/deceleration lanes, and related system enhancements. The support material must comply with
concurrency management provisions of Article IX.
(9)
Location of closest available public water supply system and proposed preliminary design for water service
improvements, including existing and proposed level of service, general location of facility improvements, and
schematic drawings. 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. The support material
must comply with concurrency management provisions of Article IX.
Land Development Code Pa4e XX-11 City of Sebastian
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Chapter 1~: Admhfistzafion of Plan Review & Subdivision Acdde XX: Planned Unit Development
(10) Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site.
(11) Typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements.
(12) Location of proposed wastewater collection system and proposed preliminary design of wastewater collection
improvements, including proposed location of improvements, existing and proposed level of service, and
schematic drawings. 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. The support material
must comply with concurrency management provisions of Article IX.
(13) Location of proposed improvements for collecting and discharging surface drainage and the preliminary design
of such facilities, including the existing and proposed level of service, and schematic drawings. 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. The drainage plans shall comply with all
provisions of Article XII "Surface Water Management" as well as Article IX "Concurrency Management".
(14) 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. Final construction drawings shall not be
required prior to Preliminary Development Plan approval, but shall be required prior to commencing the
installation of such improvements.
(15)Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains,
sanitary servers, fire hydrants, and flo~v facilities.
(16)Location and width of proposed permanent utility easements. The easements shall provide satisfactory access
to existing rights-of-way or other open space shown upon the preliminary PUD plat. Permanent drainage
easements shall also be shown.
(17)Where the preliminary PUD plat covers only a part of contiguous land owned by the applicant, a master
phasing plan shall also be required unless the application certifies that the remaining real property shall be
developed independently of the proposed PUD plat.
(18)The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as
landscape, fences and walls for screening and buffering.
(19)Location of wetlands and/or environmentally sensitive areas located within the site. Discuss any endangered
wildlife habitats or vegetative communities, wellfield, aquifer recharge areas, wetlands that will be impacted by
construction of stormwater runoff.
Site Plan. If the project requires site plan approval, a site plan shall be submitted. The site plan shall be submitted
in accordance with the provisions of Article XVIII, "Site Plan Review Procedures." The surface water management
plan meeting criteria of Article XII, as well as other infrastructure components, including roadway improvements,
water and wastcwater facilities, and other scheduled infrastructure improvements shall be prepared by a Florida
registered engineer. The site plan shall include maps, data and written statements necessary.
c. General Appearance. Graphic presentation of the general features of proposed structures, excluding single family
detached dwellings, including:
(1) Floor plans and square footage of all multi-family and non-residential buildings or structures; and
(2) Elevations, sections and/or perspectives as necessary to indicate the basic architectural intent, the height of
buildings and structures, and the general window and door arrangements.
Dedication or Reservations of Land for Public Use. The location and size, in acres or square feet, of all areas to
be conveyed, dedicated or reserved as open spaces, public parks, recreational areas, school sites, and similar public
uses. The narrative shall demonstrate compliance with concurrency management requirements of Article IX.
Land Development Code Page XX-12 City. of Sebastian
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Chapter IV: Admirdswation of Plan Review & Subdivision
Affide XX: Planned Unit Development
Vehicular, Pedestrian and Bicycle Circulation and Parking. The existing and proposed circulation system of
arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points
of access to public rights-of-way (including major points of ingress and egress to the development). Notations of
proposed ownership -- public or private -- shall be included where appropriate. The existing and proposed
pedestrian and bicycle circulation system, including ks interrelationship with the vehicular circulation system
indicating proposed treatments of points of conflict.
Open Space and Landscape Plan. A general landscape and grading plan indicating the proposed modifications in
the topography and ground cover together with a plan for design of open space systems and landscaping. The
landscape plan shall comply with open space, landscape and tree preservation requirements of this article and other
applicable provisions of this Code, especially Articles XIII.
g. Information Concerning Adjacent Lands. Information on adjacent areas sufficient to indicate the relations
between the proposed development and the adjoining areas, including:
(1) Land ownership within three hundred (300) feet of the exterior boundary of the property.
(2) Existing land use and designation on the Comprehensive Plan Future Land Use Map.
(3) Zoning classification.
(4) Circulation system.
(5) Density.
(6) Public facilities.
(7) Unique natural features.
h. Additional Information. Any additional graphic information required by the Planning and Zoning Commission
that is necessary to evaluate the character and impact of the proposed PUD.
SECTION 20A-4.20.4: SUBDIVISION CONSTRUCTION APPROVAL.
Upon approval of the preliminary development plan for a subdivision, the developer may apply to the City Engineer for approval
of the construction drawings of the proposed subdivision. The procedures shall be the same as outlined in Article XIX,
"Subdivisions".
SECTION 20A-4.20.5: GENERAL PROCEDURE FOR FINAL DEVELOPMENT PLA2N REVIEW
A. GENERAL PROCEDURE FOR FINAL DEVELOPMENT PLAN SUBMITTAL AND APPROVAL.
Final Development Plan for a Site Plan. Upon completion of a site plan, the developer shall submit an as-built
drawing of the site plan certifying that the site has been constructed in conformance with the approved Preliminary
Development Plan. The Planning and Growth Management Director shall review the Final Development Plan and if the
Final Development Plan is in substantial conformity with the Preliminary Development Plan as described in 4 below,
the Planning and Growth Management Director shall approve the Final Development Plan
Final Development Plan for a Plat. Upon completion of the construction of the subdivision, the developer shall
submit a final plat and as-built drawings certifying that the subdivision has been constructed in compliance with the
Preliminary Development Plan. The final plat shall be compliant with Section 20A-4.19.6(C-G). The final development
plan must be prepared in accordance with the approved preliminary development plan and 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 pursuant to Section 20A-4.19.6(C-G). A final plat may be prepared and submitted for the entire
planned unit development at one time, or for the approved development stages on an individual basis.
Review Final Development Plan. The review procedures for the final development plan shall be the same as the
review procedures established for a final plan in Section 20A-4.19.6(C-G). If the final site plan includes any proposed
changes, the final site plan shall be reviewed pursuant to procedures established for site plan review in Article XVIlI.
Land Development Code Page XX-13 City of Sebastian
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Chapter IV: Administration of Plan Review & Subdivision Article XX: Plaxmed Unit Development
Substantial Conformity with Preliminary Development Plan Required. The final development plan shall be in
substantial conformity with the approved preliminary development plan. In achieving substantial conformity, no change
authorized by this Subsection may cause any of the following:
a. A change in the use or character of the planned unit development;
b. An increase in overall coverage of structures;
c. An increase in the intensity of use, or the density;
d. An increase in the problems of traffic circulation and public utilities;
e. A reduction in approved open space;
f. A reduction hi required pavement widths; or
g. A violation of a specific requirement or condition of the Land Development Code.
Changes, erasures, modifications, additions or revisions shall not be made to a f'mal plat after the City Council
approval has been given, unless the final plat is resubmitted for approval, except as required by law for clarification.
All changes in use, re-arrangement of lots and blocks, changes in the provision of common open spaces, and other
changes except those listed in the paragraph above, may be allowed at the discretion of the City Council. Such
amendments may be made only if they are shown to be required by: 1) changes in conditions that have occurred
since the preliminary development plan was approved; or 2) by changes in adopted City policy
Failure to Comply with Approved Final Development Plan. Failure to comply with the requirements of the
approved PUD, any conditions imposed in its approval, including time conditions, shall constitute a violation of this
Article. Upon finding by the City Council that the developer has failed to comply with the conditions of any staging
plans or prescribed time limits, the approval of the PUD shall be automatically terminated. Prior to continuing with the
planned unit development, the developer shall reapply to the City Council for approval to continue. The City Council
may authorize the petitioner to continue under the terms of the PUD and site plan approval or may require the developer
to re-submit the application in conformance with any step outlined in the procedure for preliminary development plan or
final plat approval. No subsequent plan or re-approval shall effect an increase in the overall project density, intensity or
change in use as established in the site plan.
Occupancy and Use of Premises. Prior to the use or occupancy of any portion of the planned unit development
project, the developer must satisfy all the provisions of the Final Development Plan stipulated herein, and obtain all
necessary permits and a certificate of occupancy.
SECTION 20A4.20.6: OWNERSHIP OF OPEN SPACE AND LANDSCAPED AREAS
All open space required by this Chapter shall be either private, reserved for common use, or dedicated to the public. All required
open space shall be reserved as such through appropriate deed restrictions that cannot be removed without the consent of the City
Council. Private open space shall be owned in fee simple title as part ora lot or parcel in private ownership. The use of private
open space shall be reserved and limited through appropriate deed restrictions. The deed restriction shall require the propeay
owner to maintain the private open space th perpetuity.
Ali open space reserved for common use shall ultimately be owned in fee simple by an organization of property owners within
the PUD plat. The organization shall be established by the applicant, and all organizational documents, including, but not limited
to, article of incorporation, bylaws and restrictive deed covenants, shall be submitted to the City Attorney for approval prior to
recording in the public records of the County and filing with the Secretary of State. The organization shall be responsible for the
maintenance of all common open spaces. The organization shall be empowered to assess reasonable maintenance fees upon the
owners of real property within the PUD plat for the maintenance of the common open space.
Land Development Code Page XX-14 Cit's' of Sebasti~m
02/09/00 6:14 PM
Chapter IV: Admin/strafion of Plan Review it Subd/vision Article XX: Plarmed Unit Development
A. All open space reserved for common use shall be conveyed to the organization prior to or at the time when two-thirds (2/3)
of ail the dwelling units of the PUD plat under development have been sold. Conveyance shall be by a general warranty
deed in fee simple absolute, acceptable to the City Attorney. The deed shall include a deed restriction providing for the
perpetual maintenance of the common open space by the organization.
B. The organization may offer to convey the common open space to the City at no cost. If the City accepts the offer, then the
conveyance shall be of general warranty deed in fee simple absolute, acceptable to the City Attorney. Upon acceptance, the
open space shall be available for use by the general public. The City shall not accept a conveyance of common open space
unless arrangements acceptable to it are made for the continued maintenance of the open space, which arrangements may
include maintenance by the City.
C. Open space dedicated to the public shall be open to the general public.
D. All landscaped yards shall be owned in fee simple as part of an approved lot or parcel, and the landscaped yards shall be
reserved and controlled through appropriate deed restriction. The deed restrictions shall require the property owner to
maintain the landscaping in perpetuity.
SECTION 20A-4.20.7: ENFORCEMENT AND PENALTIES
in the event of a non-compliance with this article, the Planning and Growth Management Director, or a designated representative,
shall have the authority to suspend construction activity and revoke any building permit issued 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.
Lm~d Development Code Page XX-15 City of Sebasfim~
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CHAPTER IV: PLAN REVIEW AND SUBDIVISIONS
ARTICLE XVIII: SITE PLAN REVIEW PROCEDURES
SECTION 20A-4.18.1: INTENT OF SITE PLAN REVIEW
The intent of site plan review is to set forth uniform procedures, well-defined application processes and information
requirements. The purpose is to ensure that: 1) development of individual sites within the City of Sebastian is
consistent with all applicable development standards; 2) approval of such development will be based upon the
provision and availability of adequate public facilities and services coincident with the impact of the development;
and 3) development is compatible and coordinated with existing and anticipated development within the immediate
area surrotmding the site.
SECTION 20A-4.18.2: APPLICABILITY AND FILING PROCEDURE
In all cases requiring site plan review, 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.
A. Fees. The fee schedule for site plan review shall be determined by resolution of the city council.
B. 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.
C. General Site Plan Review Procedure. All development requiring site plans shall comply with the land
development regulations including Chapter III, Performance Criteria. In all cases requiring site plan review, 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 therefore, unless a site plan for such structure or use shall
have been reviewed and approved pursuant to the provisions of this article.
Mandatory Pre-application. The applicant shall file an application for a pre-application conference with
the Planning and Growth Management Director on a form prescribed by the Director. The application shall
include a brief narrative of the proposed activity and a sketch of the proposed site plan. Within 10 working
days after the application is filed, the staff shall hold a pre-application conference with the applicant. The
Planning and Growth Management Director shall determine the appropriate City staff to attend the
conference.
Filing. Seven (7) copies of an application for site plan approval and all supporting information shall be
filed with the Planning and Growth Management Department for dispersal to all appropriate
intergovernmental agencies and City stafffor review.
3. Application. Such application shall be in a form prescribed by the Planning and Growth Management
Director.
Ownership/Disclosure. All applications shall include a notarized affidavit showing each and every
individual person having a legaI and/or equitable ownership interest in the property upon which the
application for site plan approval is sought, except publicly held corporations, in which case the name and
address of the corporation and principal executive officers together with any majority stockholder will be
sufficient. If the applicant is not the owner, the applicant must provide an original notarized statement from
the current property owner authorizing representation of the specific site plan review application.
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.
Land Development Code Page XVIII- I City of Sebastian
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Chapter IV: Administration of Plan Review and Subdivisions
Att/de XVII[: Site Plan Review Procedures
D. Review by Planning and Growth Management Director. Each application shall be reviewed by the
Planning and Growth Management Department and transmitted to appropriate City staff and
intergovemmantal agencies based upon the development issues surrounding the proposed site plan. The
Planning and Growth Management Director shall review each application for compliance with all
applicable land development regulations including, but not limited to, performance criteria in Chapter III,
City Land Development Code, and other local, state, and/or federal laws.
E. Conformance with Land Development Regulations Required. All buildings, structures or uses shall be
erected, altered, installed and maintained in full conformity with the provisions of the land development
mgulations and approved site plans.
Performance Bond May Be Required. A performance bond may be required from applicants as a condition of
site plan approval to insure all on- or off-site infrastructure improvements are in place at the time of issuance of
a certificate of occupancy. If required, such bond shall be submitted prior to issuance ofbuilding permits. The
performance bond shall be fumished and payable to the City in the sum of 125% of the total cost of the
engineer's estimates for extension of potable water distribution system components; sanitary sewerage system
components; street improvements, including acceleration and/or deceleration lanes, traffic control devices,
markings signage, and/or related street improvements; sidewalks, curbs, and/or gutters; stormwater management
improvements; and/or other improvements required in the site plan approval.
SECTION 20A-4.18.3: ADMINISTRATIVE AND MAJOR SITE PL)~' REVIEW DECISIONS
A site plan requiring an Administrative Site Plan Review shall be reviewed by the Director of Planning and Growth
Management according to procedures stated below:
Administrative Site Plan Review. Site Plans which meet the following criteria may be approved
administratively, in accordance with this section:
A proposed site plan which contains less than one thousand (1,000) square feet of impervious surface, or;
A proposed site plan which is comprised of one (1) or (2) dwelling units located east of Indian River Drive.
1. Decisions of the Planning and Growth Management Director. The review of an Administrative
Site Plan by the Director of Planning and Growth Management shall be carried out in conformance
with the procedures and criteria established in this Article, including, but not limited to, a review of the
site plan's compliance with performance criteria stated in Chapter iii of the Land Development Code.
The Planning and Growth Management Director shall establish application forms and pmcedural
guides with typical time lines in order to prevent unnecessary inconvenience and delay to the project.
If deemed necessary, the Planning and Gmwth Management Director may schedule an administrative
site plan for a regular Planning and Zoning Commission meeting in order to obtain a recommendation.
After considering City staff comments (and if necessary P&Z's recommendation) the Dimcter of
Planning and Growth Management shall approve the site plan, with or without conditions, or
disapprove the site plan. The Planning and Growth Management Director may attach to an approval of
a site plan any reasonable conditions, limitations or requirements which are found necessary, in the
Director's judgement, to effectuate the purpose of this article and carry out the spirit and purpose of the
Comprehensive Plan and the Land Development Code.
Where a site plan is approved with conditions or is disapproved, the conditions or reasons for disapproval,
as appropriate, shall be stated in writing and shall be signed by the Planning and Growth Management
Director. Such documentation shall include a cross reference to the code provisions and the
Comprehensive Plan citations, where applicable, that have not been satisfied. Decisions of the Planning
and Growth Management Director on an Administrative Site Plan shall be final unless appealed to the
Planning and Zoning Commission.
Appeals of Site Plan Decisions of the Planning and Growth Management Director. Appeals of
decisions of the Planning and Growth Management Director shall be to the Planning and Zoning
Commission pursuant to §20A-I.2.2(D).
Land Development Code Page XVIII-2 City of Sebastian
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Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures
B. Minor Modifications. Minor modifications to approved developments shall be reviewed as an Administrative
Site Plan. Minor modifications include changes such as:
i. General. Redesign and different location of pools, drives and driveways; or modifications in stairs or
elevations of decks, pomhes, terraces and fencing;
Additional Parking. Addition of parking spaces, not to exceed 25%, including fractions thereof, of the
total number of existing parking spaces or five (5) spaces, whichever is the lesser amount; and no such
additional parking shall consume the approved landscaped area.
Minor Utility System Improvement. Installation of essential utility system improvements including
buildings not exceeding two-hundred (200) square feet, for water and sewerage services, electric service,
telephone service, drainage, landscaping and similar services.
4. Building Additions. An addition to a building which does not increase the floor area in excess of five
hundred (500) square feet.
C. Site Plan Development. All proposed plans not qualifying as administrative or minor modifications shall
other~vise be known as site plan developments. Said plans shall commence with a review by the Director of
Planning and Growth Management pumuant to the procedures and criteria established in this Article, including,
but not limited to, a review of the site plan's compliance with performance criteria stated in Chapter III of the
Land Development Code. The Planning and Growth Management Director shall establish application forms and
procedural guides with typical time lines to prevent unnecessary inconvenience and delay to the project.
Review by Planning and Growth Management Director and Staff. After considering City staff
comments the Director of Planning and Growth Management shall recommend approval of the site plan,
with or without conditions, or shall recommend disapproval of the site plan. Where a site plan is
recommended for approval with conditions or recommended for disapproval, the conditions or reasons for
disapproval, as appropriate, shall be stated in writing and shall be signed by the Planning and Growth
Management Director. Such documentation shall include a cross reference to the code provisions and the
Comprehensive Plan citations, where applicable, that have not been satisfied.
Notice and Action by Planning and Zoning Commission. After notice the Director of Planning and
Growth Management's written recommendations shall be presented to the Planning and Zoning
Commission for final action at a regularly scheduled meeting. After considering these recounnendations,
the Planning and Zoning Commission shall approve the site plan, with or without conditions, or disapprove
the site plan. The Planning and Zoning Commission may attach to its approval of a site plan any
reasonable conditions, limitations or requirements which are found necessary, in its judgement, to
effectuate the purpose of this article and carry out the spirit and purpose of the Comprehensive Plan and the
Land Development Code. Where a site plan is approved with conditions or is disapproved, the conditions or
reasons for disapproval, as appropriate, the Planning and Zoning Commission shall state in the record the
grounds for disapproval including appropriate Code citations. Such documentation shall include a cross
reference to the appropriate code provisions and the Comprehensive Plan citations, where applicable, that
have not been satisfied. Decisions of the Planning and Zoning Commission on a Site Plan Development
shall be final unless appealed to the City Council.
3. Appeals to Site Plan Decisions of the Planning and Zoning Commission. Appeals to decisions of the
Planning and Zoning Commission shall be to the City Council pursuant to §20A-1.2.4(G).
SECTION 20A-4.18.4: INFORMATION TO BE INCLUDED IN SITE PLAN
A site plan, for the purposes of this section, shall include, but not necessarily be limited to, the following
requirements. All architecture or engineering designs must be prepared and sealed by a professional architect or
engineer registered in the State of Florida pursuant to Florida Statutes 471 and 481 respectively.
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Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures
A. General Site Plan Information
1. Title Block
a. Name of Development
b. Name of Owner/Developer
c. Scale
d. North Arrow
e. Preparation and Revision Date
f. Location/Street AddressofDevelopment
2. Project Information to Be Included on Site Plan
a. Zoning (include any special districts)
b. Project Site Size (Acreage and/or square footage)
c. Legal Description
d. Square footage together with maximum allowed/proposed building coverage
e. Floor Area Ratio, maximum allowed and proposed
f. Impervious Surface Ratio, maximum allowed and proposed
g. Pervious Surface, including maximum allowed and proposed open space and green space
h. Parking spaces, including minimum required and proposed as well as total handicapped spaces
provided
i. Delineate location of existing and proposed structures
j. Denote existing and proposed development type by land use including density/intensity
k. Setbacks
1. Finished Floor Elevation
m. Proposed height and elevation of the crown of the road of the lowest adjacent street
n. Landscape plan in accordance with Article XIII.
o. FEMA flood zone designation and map number.
B. Supplemental Documentation
1. Identification of Key Persons (name, business name, mailing address, phone number).
a. Owner
b. Owner's Authorized Agent
c. Engineer and Architect
d. Surveyor
e. Landscape Architect and/or Environmental Consultant
f. Others involved in the application
g. Verified statement showing each and every individual person having a legal and/or equitable
ownership interest in the subject property, except publicly held corporations whose stock is traded on a
nationally recognized stock exchange, in which case the names and addresses of the corporation and
principal executive officers together with any majority stockholders will be sufficient.
2. Other Project Information. A general outline of the proposed development shall include the following
criteria where applicable:
a. Proposed stages (or phases) of development or operation and facility utilization
b. Dates for each phase
c. Expected date of completion
d. Proposed site plan for the site
e. List of all permits required to be obtained prior to building permit issuance.
e. A written description of characteristics of the proposed development (i.e., number and type of
residential units, floor area by land use, number of tourist accommodations units, seating or parking
capacities, number of hospital beds, any proposed outside facilities or areas to be used for storage,
display, outside sales, waste disposal or similar use, and any other proposed uses).
f. For planned unit developments, indicate design techniques to reduce public facility costs and
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Chapter IV: Administration of Plan Review and Subdivisions
Article XVIII: Site Plan Review Procedures
disturbances to natural resources and for preserving scenic quality of site.
g. Buildings and siring specifications to reduce damage potential and to comply with federal flood
insurance regulations.
h. Protection against encroachment together with proposed mitigation measures to be employed within
environmentally sensitive areas.
i. Identify existing and proposed hydrant locations in relationship to building(s) and other fire protection
systems. The applicant may be required by the Indian River County North Fire District to provide fire
wells to augment the available water supply.
j. Identify proposed utility systems, including easements for required utilities and include affidavits of
service availability from appropriate public and semi-public service providers, including, but not
limited to, FP&L
2. Existing Site Conditions. A general description of the existing site conditions including, but not limited
to, the following:
a. use
b. density
c. building area (if applicable)
d. impervious area (if applicable)
e. vegetation
f. soils
g. groundwater
h. topography
i. FEMA map designation
Residential Developments. If the development includes residential units, the following shall be discussed
in the written description: a breakdown of the proposed residential units; tenure (i.e., owner occupied or
rental); and structure type (such as single-family, duplex, multiple-family, mobile home).
4. Intergovernmental Coordination.
a. Provide proof of coordination with applicable local, regional, state and federal agencies, including but
not limited to those agencies cited below, that will be involved in the project:
Indian River County
Treasure Coast Regional Planning Council (TCRPC)
Florida Department of Environmental Protection (DEP)
St. Johns River Water Management District (SJRWMD
Florida Department of Community Affairs (DCA)
Florida Freshwater Fish and Game Commission (F&GC)
Florida Department of Transportation (DOT)
U.S. Army Corps of Engineers
U.S. Fish and Wildlife, including National Wetlands Survey
Provide evidence that any necessary permit, lease or other permission from applicable local, regional,
state and federal agencies have been obtained for any activity that will impact wetland communities or
submerged land.
c. In cases where intergovernmental coordination efforts are incomplete the applicant shall provide
evidence of good faith efforts towards resolving intergovernmental coordination issues.
C. Concurrency Facilities and Other Utilities or Services. Site plans shall satisfy concurrency management
regulations cited in Article IX. This component of the plan shall identify demands on concurrency facilities
generated by the proposed development and identify how the demands shall be accommodated through
improvements. The site plan shall also list the utility providers currently serving the site together with a
description of the existing infrastructure serving the site. Include the location, design and character of all
concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines,
or other similar facilities or services, on the site plan. Concurrency facilities shall include the following:
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Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures
1. Potable Water Supply
a. Identify projected average daily potable water demands at the end of each development phase and
specify the consumption rates that have been assumed for the projection.
Provide proof of coordination with Indian River County Utilities Department. Assess the present and
projected capacity of the water supply system and the ability of such system to provide adequate water
for the proposed development.
c. Describe measures taken to ensure the water pressure and flow will be adequate for fire protection for
the type of construction proposed.
d. Denote both planned system improvements required to establish and/or maintain adopted level of
service and proposed funding resources to provide these improvements.
2. Wastewater Management
Provide projection of the average daily flows of waste water generated by the development at the end
of each development phase. Describe proposed treatment system, method and degree of treatment,
quality of effluent, and location of effluent and sludge disposal areas. Identify method and
responsibilities for operation and maintenance of facilities.
If public wastewater facilities are to be utilized, provide proof of coordination with the Indian River
County Utilities Department and the Department of Environmental Protection, if applicable. Assess
the present and projected capacity of the treatment plant and the availability of sewer lines to the
subject site. If septic tanks are proposed demonstrate coordination with the indian River County
Health Department.
c. If applicable, provide a description of the volume and characteristics of any industrial or other effluent.
d. Denote both planned system improvements required to establish and/or maintain adopted level of
service and proposed funding resources to provide these improvements.
Water Quality. Discuss disposal areas, septic tank drain field, urban mnoffareas impervious surfaces, and
construction related mno~ Describe anticipated volume and characteristics. Indicate measures taken to
minimize the adverse impacts of potential pollution sources upon the quality of the receiving waters prior
to, during and after construction.
Identify any wastewater disposal areas, septic tank drain field, urban runoff areas impervious surfaces,
and construction related nmoff. Describe anticipated volume and characteristics. Indicate measures
taken to minimize the adverse impacts of these potential pollution sources upon the quality of the
receiving waters prior to, during and after construction.
b. Describe plans for re-vegetation and landscaping of cleared sites including a completion schedule for
such work.
Stormwater Management. A stormwater management plan for the site shall be provided which is
consistent with the requirements of Article XII.
Solid Waste. ]Identify projected average daily volumes of solid waste generated by the development,
including projected volumes by phase on phased projects. Indicate proposed methods of treatment and
disposal. Provide proof of coordination with the Indian River County Solid Waste Disposal District to
ensure compliance with concurrency management requirements of Article IX. Assess the present and
projected capacity of the solid waste treatment and disposal system and the ability of such facilities to
provide adequate service to the proposed development.
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Chapter IV: Administration of Plan Review and Subdivisions
Ax'tide XVIII: Site Plan Review Procedures
Roadway. Provide a projection of the expected vehicle trip generation at the completion of each
development phase. Describe in terms of external trip generation and average daily as well as peak hour
traffic. Evaluate the capacity of the existing roadway network serving the development. Provide
recommendations for any required improvements to the existing network required by the proposed
development including additional R/W, roadway improvements, additional paved lanes, traffic
signalization, access and egress controls, and other similar improvements.
7. Recreation. Identify projected demand generated by the development and cite land and facility
improvements provided to ensure the City's level of service is not adversely impacted.
D. Appearance, Design, and Compatibility. The site plan shall satisfy criteria established in Article X.
Site Location and Character of Use. The site plan submitted for review should be in compliance with all
applicable performance criteria set forth in Chapter III of this code and any appIicable overlay district
criteria.
Vicinity Map. Provide a vicinity map with project's location noted together with a general written
description of the proposed development. Show relationship of site to surrounding streets and public
facilities at a scale of 1 ":200'.
Land Use Compatibility. Identify adjacent land uses inc}uding current zoning designation and
conditional uses within fifty (50) feet of the boundaries for a developments requiring administrative
review, and one-hundred (100) feet of the boundaries for a major development. If applicable, assess
the impact of the proposed development upon unincorporated Indian River County.
Historic and Archeological Resource Protection. Include appropriate site plan initiatives for
developments impacting sites on the national register of historic places or on the State master file of
historic and archaeological resources (cross reference §20A-2.7.22).
Subdivision of Land. Ifa site plan is proposed for land which has not been subdivided, the applicant
shall be required to conform to the subdivision regulations, if applicable, prior to approval of the
subject site plan (cross reference Article XI, "Subdivision Review Procedures" and Article XIX,
"Subdivision" regulations).
2. Appearance of Site and Structures. The applicant shall submit a site plan that exhibits harmonious
overall design characteristics in compliance with the performance standards stipulated in §20A-3.10.2.
Site plan. Site plans shall be drawn at a scale of one inch to 100 feet or larger. The maximum sheet
size for site plans shall be a minimum of 24 inches by 36 inches. Multiple sheets may be used
provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross
referencing bet~veen sheets shall be required. Necessary notes and symbol legends shall be included.
Abbreviations should be avoided but if used they shall be defined in the notes. The site plan shall
address the following issues:
(1) Existing (where appropriate) and proposed lot configuration.
(2) Existing (where appropriate) and proposed building layout, including building footprints.
(3) Finished floor elevations.
(4) Proposed topographic contours showing proposed drainage patterns and stormwater retention
measures.
(5) Indicate dimensions on site plan to demonstrate compliance with setbacks and other size and
dimension regulations
(6) Label the proposed structures by use and/or residential structure type and number the parcels, lots
and number of dwelling units as appropriate directly on the drawings.
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Chapter IV: Administration of Plan Review and Subdivisions A~icle XVIII: Site Plan Review Procedures
Architectural Drawings. Ali amhitecmre or engineering designs must be prepared and sealed by a
professional amhitect or engineer registered in the State of Florida pursuant to Florida Statutes 471 and
481 respectively. Drawings submitted for site plan approval shall include the following minimum
information:
(1) A scaled drawing of the side, front and rear facades of the building or structure, including roof
pitch, fenestration including treatment of roof line.
(2) Description of materials to be used.
(3) Generalized floor plan indicating uses and square footage of each proposed use within each
building or structure, building exterior construction material, and building height.
(4) Location, height and general character of perimeter or ornamental walls, fences, landscaping,
including berms and other required screening devices and other plans for protecting adjacent
property owners.
c. Site Amenities. The site plan shall include amenities required to comply with appearance, design and
compatibility regulations outlined in Article X.
(1) Existing. All existing site amenities (i.e., signs, lighting fixtures, water features, etc.) shall be
indicated as to location, character, color, and dimension.
(2) Proposed. State the location, size, character, color, height and design of all newly proposed site
amenities in the form of working drawings and'or photographs.
d. Traffic Impact Study. A traffic impact study shall be submitted in accordance with Indian River
County Code Section 925.07.
Site Survey. A topographic and boundary survey prepared by a certified land surveyor, in accordance with
Chapter 61G17-6 F.A.C., illustrating the following:
Proposed Development. The City shall require plans prepared by a Florida registered engineer and
other competent professionals as may be required which shall demonstrate compliance with the City's
stormwater management performance criteria in Article XII. In addition, the plans for land excavation
or fill shall demonstrate that the proposed site alterations shall include mitigation techniques designed
to comply with performance criteria addressed in Article XII.
b. Existing Conditions.
(i)
Topographic Site Survey. A topographic survey at a scale of 1" to i00' or larger showing
topographic contours at five (5) foot intervals and extending fifty (50) feet beyond the property
boundaries. Survey shall include NGVD benchmark information.
(2)
Water Bodies. High water elevation or boundaries of coastal shoreline and/or other water bodies
and canals, both on site and within fifty (50) feet of site. Survey shall include coastal construction
control line, location of mean high water and submerged lands.
(3)
Drainage Features and Key Elevations. Existing surface drainage characteristics of site
including relationship to adjacent land areas. The site survey shall include all existing structures.
Any existing structures on-site which do not comply with Federal Emergency Management
Agency (FEMA) flood hazard regulations shall be identified on the survey.
(4) Flood Hazard Areas. Federal Emergency Management Agency (FEMA) flood hazard zone or
limits of 100-year flood.
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Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures
(5) Boundary Survey. The boundary survey shall have been prepared within twelve (12) months of
application and be prc~pared in accordance with Chapter 61G 17-6 F.A.C.
(6) Environmentally Sensitive Areas. Boundaries of environmentally sensitive areas, including an
environmental survey and audit as needed. Management plans must be submitted and approved by
state and/or federal regulatory agencies for areas recognized as a habitat for species listed by the
Florida Game and Freshwater Fish Commission as endangered, threatened, or species of special
Soil Survey. As identified in the Soil Survey. Indian River County. Florida, U.S. Department of
Agriculture, Soil Conservation Service or other competent expert evaluation. When soil suitability
limitations are indicated for the proposed development, the City Engineer may require, at the expense of the
applicant, a preliminary soil analysis by a qualified soils engineer. The site plan shall comply with
environmental protection criteria in Article XI.
Environmentally Sensitive Areas. Using maps from the Federal Emergency Management Agency (FEMA)
and U.S.G.S., indicate whether or not the parcel is located within a floodplain, floodway or drainageway,
wetland, open water, or upland wildlife habitat. Site specific surveys may be required.
Proposed Impact. Illustrate how any activity or structure that will impact environmentally sensitive areas
will be performed, located, constructed and/or maintained to prevent or mitigate any adverse impacts to
wetland and endangered upland vegetative communities, wildlife habitats, floodplain, and other
environmentally sensitive areas.
Shoreline Protection. If the project fronts a shoreline, illustrate any structure that may impede movement
along the shoreline below the mean high water line, and demonstrate measures being taken to mitigate any
such impediment. The site plans shall comply with §20-2-7.8: Regulation of Watercraft and applicable
provisions of §20A-3 - 11.4: Coastal Resource Impact Analysis.
3. General Requirement. If environmentally sensitive areas are found in or adjacent to the site the following
information is necessary:
Existing Conditions. Developers shall provide an existing vegetation map identifying boundaries of
environmentally sensitive areas and indicating alterations in these areas including dredging, filling,
spoil sites, canals and channels.
Preservation. Developers shall preserve the functions of these environmentally sensitive areas and
shall comply with restrictions and interpretations for development in wetlands found in Article XI.
Management plans must be submitted and approved by state and/or federal regulatory agencies for
areas recognized as a habitat for species listed by the Florida Game and Freshwater Fish Commission
as endangered, threatened, or species of special concern.
F. Land Clearing, Excavation and Fill, Tree Protection, Landscaping, and Irrigation Plan
Land Clearing, Excavation and Fill. The site plan and all development activity shall comply with §20A-
2-7.15. The site plan shall include a statement of procedures which the developer shall carry out in order to
ensure compliance with all applicable performance criteria in Article XI governing: 1) native habitat
preservation (Cross reference §20A-3-11.1, 20A-3-11.4, and 20A-3-11.5); 2) soil erosion control and
sedimentation (Cross reference §20A-3-11.2); 3) aquifer recharge protection (Cross reference §20A-3-
11.3); flood plain prevention (Cross reference §20A-3-11.6); and 4) protection of native vegetation (Cross
reference §20A-3-11.5).
Tree Protection. The site plan shall satisfy performance criteria of Article XIII. The plan shai1 indicate
location, size and type of existing trees as required, including ail proposed tree removals requiring a tree
removal permit. The relocation of trees shall be considered. The plan shall also identify existing trees to be
protected and explain or illustrate method to preserve such trees during and after construction.
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Chapter IV: Administration of Plan Review and Subdivisions
Article X-V-IH: Site Plan Review Procedures
Landscaping Plan. The site plan shall satisfy the performance criteria of Article XIII as well as the open
space (§20A-2-5.10(C) and land use screening requirements of Article XIII. The landscaping plan shall
include a scaled working drawing indicating planting specifications for landscaping, buffers, open spaces,
recreation areas and other required landscaped areas which shall comply with those performance criteria
included in Article XIII. The plan shall also show any environmentally sensitive areas and preservation
areas, as well as those areas involving aquatic plantings. The Planning and Zoning Commission shall give
conceptual approval of the Landscape Plan and the Planning and Growth Management Director shall give
final approval of the plan.
Irrigation Plan. The site plan shall satisfy the performance criteria of §20A-3-11.11 and Article XIII. The
irrigation plan shall be prepared by a registered landscape architect, engineer or an irrigation contractor and
shall utilize the current techniques emphasizing design efficiency and water conservation, as well as public
health, safety, and welfare. The minimum requirements for plan approval shall include:
a. Location and specifications for irrigation equipment;
b. Design which promotes water conservation and efficient relationship of plant types to water demand;
and
c. Source of water for irrigation system.
The Planning and Zoning Commission shall give conceptual approval of the Irrigation Plan. The Planning
and Growth Management Director, or his designee, shall perform an onsite inspection to insure the system
has been installed to provide adequate coverage to all landscaped areas.
G. On- and Off-site Parking and Vehicular, Bicycle, and Pedestrian Circulation. Site plans shall satisfy on-
and off-site vehicular and bicycle circulation, and parking requirements of §20A-3.10.3 and Article XV. Site
plans shall include location, dimensions and typical construction specifications for:
1. Existing and proposed driveways, approaches and curb cuts;
2. Vehicular access points, accessways and common mufti~modal access points with pavement markings or
other improvements to achieve safe internal cimulation without conflict among modes of travel;
3. Existing and proposed vehicle and bicycle off-street parking spaces, loading, unloading and service area
space requirements;
a. Number of employees and number and type of vehicles owned by the establishment; and
b. Any combined off-street parking facilities shall be submitted with an agreement specifying the nature
of the arrangement, its anticipated duration, and signatures of all concerned property owners.
4. Other vehicular use areas;
5. Any bicycle ways as well as pedestrian ways and other pedestrian use areas;
6. Typical cross-sections, by type of improvement;
7. Traffic control devices;
8. Proposed parking surface material, pavement markings, and other related improvements; and
9. Dedicated easements including cross easements, indicating their purpose, design, location, alignment,
dimensions, and maintenance responsibilities.
H. Housing. Site plans shall include the following information:
1. If the project includes residential development, provide a breakdown of the proposed residential units by
type of unit (such as single-family, duplex, townhouse, mobile home).
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Chapter IV: Administration of Plan Review and Subdivisions Article XVt: Site Plan Review Procedures
Assess the potential of the proposed development to meet local or regional housing needs. In particular,
indicate any measures taken to provide low and moderate income housing. Where affordable housing is
proposed include price or rental range by structure type.
Describe hurricane evacuation considerations that acknowledge the current evacuation and emergency
operations plans, how project residents will be informed about these plans, and any developer
responsibilities identified in such plans.
I. Special Considerations.
Describe the relationship of the proposed development to city land use plans, objectives and policies. Also,
indicate relationship to existing or proposed public facilities plans (such as wastewater treatment,
transportation). Identify any conflicts.
Indicate any relationship of the project to special zoning districts (such as airport noise and hazard zones,
solid or liquid waste treatment or disposal areas).
If the project fronts a shoreline, indicate measures to dedicate, voluntarily public access to the shoreline,
such as easements or rights-of-way; and illustrate any structure that may impede movement along the
shoreline below the mean high water line, and demonstrate measures being taken to mitigate any such
impediment.
4. Indicate any special facilities that will be provided to accommodate bus ridership, i.e., bus stop, bus access
lane, or other similar facilities.
5. Describe any special design features that will be utilized to reduce energy consumption. Further, describe
any measures that will be taken to utilize solar energy or other alternative energy sources.
6. If the building is to be elevated, indicate by square footage the uses for the area between the bottom floor
and the grade.
7. Indicate the size and nature of private and public recreation facilities provided on the site.
8. Provide pmof of coordination with applicable local, regional, state and federal agencies (including Florida
Department of Environmental Resources and Army Corps of Engineers) that will be involved in the project.
9. Provide evidence that any necessary permit, lease or other permission from the Florida Department of
Environmental Protection has been obtained for any activity that will impact submerged land.
10.
Provide evidence that any necessary permit or wavier from the St. Johns River Water management District
or the Florida Department of Environmental Protection, as appropriate, has been obtained for any activity
that will impact wetlands.
Construction Management Plan and Inspection Schedule. In cases where the proposed development
contains two or more phases and/or the project's proposed construction schedule is anticipated to exceed a
period of one (1) year, the applicant shall be required to submit a construction management plan and inspection
schedule as part of the site plan.
1. Content of Construction Management Plan and Inspection Schedule. The construction management
plan shall specify the following:
a. The timing and phasing of construction activities, including specific benchmarks for the completion of
structures accommodating the principal use(s);
b. A schedule of inspections which complies with the City's adopted building codes, including a program
of improvements anticipated to be completed prior to each scheduled inspection;
c. The building permit shall not be valid for a period exceeding two (2) years and no single phase of
development shall extend for a period longer than two (2) years;
d. The schedule shall acknowledge in writing that a new building permit must be obtained whenever:
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Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures
(1) Construction is not commenced within six months (180) days from the time the permit was
released;
(2) Construction activity is dormant for a period of six (6) months or more;
(3) The developer fails to cai1 for and achieve approved inspections within planned 180 day intervals
as shall be evidenced in the construction schedule; and
(4) A new phase of a phased development is commenced.
The applicant shall acknowledge in writing that the applicant shall bear the burden of demonstrating
that the construction activity is consistent with the site plan and has occurred in a timely manner
consistent with the approved construction management plan and inspection schedule. The applicant
shall further acknowledge that upon failure to meet the inspection schedule, the building permit shall
expire. A new building permit shall be required in order to undertake construction activity on a site
where a building permit has expired.
Timing of Adjustments to the Construction Management Plan and Schedule. A building permit holder
shall bear the burden of keeping a construction management plan current. Any event which may cause a
delay in the permittee's compliance with the terms of a construction management plan and schedule shall
brought to the attention of the Planning and Growth Management Director. Any change in the construction
schedule shall be approved by the Planning and Zoning Commission. The burden shall be on the applicant
to success~lly negotiate and effectuate an adjustment to the construction management plan and schedule
prior to a lapse in any scheduled inspection. Such lapse shall be defined as a failure to complete
improvements consistent with the agreed upon construction and inspection schedule.
SECTION 20A-4.18.5: STAFF SUPPORT, RECORDS, AND CONSIDERATIONS
Staff Support. The site plan review process as herein established shall be conducted by representatives from
City departments responsible for reviewing land development proposals. The Planning and Growth
Management Director shall be responsible for managing the site plan review process and shall coordinate with
the following staff as appropriate in review of site plans:
City Engineer
Police Chief
Building Official
Planning Official
Fire Official
Any other staff designated by the City Manager.
B. Records. The Planning and Growth Management Director shall keep a record of site plan review f'mdings,
decisions and recommendations, which shall be a public record and shall be maintained in the Planning and
Growth Management Department. The site plan review process for administrative and major site plans shall be
carried out as described in §20A-4-18.2-3.
C. Considerations In The Site Plan Review Process. In implementing site plan review procedures, the Director
of Planning and Growth Management and City staff involved in the process shall have the authority to consider
the following:
I. Whether an application and/or a plan is consistent with applicable goals, objectives, policies, standards and
proposals in the Comprehensive Plan.
2. Whether all public facilities and services necessary to serve the proposed use shall be available concurrent
with the actual impact of the use in question.
3. Whether the established level of service of public facilities necessary to serve the development or phase
thereof shall be adversely impacted by the proposed use or activity.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XVIII: Site Plan Review Procedures
Whether the proposed development satisfies the site plan review criteria as well as all other applicable
requirements of the land development regulations, and other applicable local, state, and/or federal laws and
administrative roles.
SECTION 20A-4.18.6: APPROVAL, DISAPPROVAL AND APPEAL PROCEDURE
A. Approval Procedure. Upon the approval of such site plan as herein provided, a building permit may be issued
by the Building Official if construction plans have been found to meet all building code requirements. No
building permit shall be issued until the Building Official has received demonstrated evidence that all conditions
of site plan approval have been satisfied.
B. Appeals of Site plan Action. Any applicant for site plan approval, or any other aggrieved person having an
interest therein, may file an appeal pursuant to §20A-1.2.2(D) and §20A-1.2.4(G).
C
Timing of the Release of Building Permits. In accordance with Section 20A-1-2.4(G) no permits shall be
granted by the Building Official until the time for appeals as herein provided shall have expired.
Notwithstanding, an applicant for a building permit may be granted such permit prior to the end of the ten (10)
day appeal period, if the applicant signs an affidavit acknowledging that the applicant has been put on notice by
the City, that any construction undertaken prior to the end of the ten day appeal period is undertaken at the
applicant's risk and such applicant shall hold the City harmless for any damage incurred should the terms of
approval be altered or nullified by the City Council or the court.
D. Written Decision Required for Site plan Denial. If the Director of Plaaning and Growth Management,
Planning and Zoning Commission or the City Council denies a site plan approval, it shall specify the reasons
said plan was denied with specific reference to those sections of the applicable City Ordinances on which said
denial was based. No reasons other than those so stated shall be presented to the entity hearing and ruling on an
appeal to a site plan decision of the Director of Planning and Growth Management, the Planning and Zoning
Commission, or the City Council.
SECTION 20A-4.18.7: EXPIRATION, TRANSFEIL~_BILITY AND EXTENSION
The site plan approval shall expire twelve (12) months after final approval, if construction has not been started as
evidenced by steady and continuous progress, including the pouting of footings by said termination date.
Notwithstanding, if a phased schedule for construction is approved by the City as part of the site plan approval
process, such schedule shall become the standard for determining site plan expiration. Where a building permit
expires the City may require revisions to the site plan to achieve compliance with the most current land development
regulation and other applicable laws and ordinances.
Site plan approval shall run with the land. In the event the property receiving site plan approval shall be sold,
transferred, leased, or the ownership thereof changes in any way whatsoever, the site plan approval shall be
transferable; however, the site plan's expiration shall still occur twelve months from the original date of the site plan
approval.
The Planning and Growth Management Director may extend site plan approval for twelve (12) months upon finding
that the applicant has demonstrated "reasonable cause" for the extension. The burden of proof in justifying
"reasonable cause" shall rest with the applicant.. Thirty days prior to the site plan expiration date, the applicant shall
file an application requesting an extension with the Planning and Growth Management Department. Failure to file
the required application for extension on a timely basis or failure to perform any construction on the approved site
plan during the previous six months shall be considered an abandonment of the site plan. After an abandonment of
the site plan, any application shall be treated as a new application. Phased site plans are subject to the same
requirements for each phase.
Land Development Code Page XVIII-13 City of Sebastian
02/09/00 5:40 PM
ARTICLE XI: ENVIRONMENTAL PROTECTION
SECTION 20A-3.11.1: PRESERVATION OF WETLANDS AND TRANSITIONAL WETLANDS
In order to promote and preserve natural hydrological conditions and to preserve water recharge areas, water supply
and water quality, and natural habitats, the following regulations shall be applied to wetland areas:
A. Wetlands Defined. Wetlands shah be defined pursuant to State Statute.
Wetland Delineation (Establishing the Wetland Line). A delineation of the upland wetland boundary
shall be established based upon an on-site field survey by a professional biologist or registered engineer
provided by the applicant and coordinated with the St. Johns River Water Management District, the
Department of Environmental Protection, and/or the US Corps of Engineers.
Wetland Development Restrictions and Interpretations. No development activity shall be allowed in a
wetlands, including upland buffer areas, until and unless the applicant has obtained all required permits or
exemptions from the State and/or Federal agencies having jurisdiction and has met all requirements of the
Land Development Code. Upland buffer areas shall be defined as the areas separating wetland and upland
areas and in which development activities may be regulated to protect wetlands. The upland buffer shall be
an area landward of the upland edge of a wetland (i.e., the upland/wetland jurisdictional line if applicable).
The buffer area provides an undeveloped area that separates developed upland from a wetland area. The
purpose of the buffer area is to ensure the continuing function of respective wetland communities, to
prevent pollutants from surface water runoff from entering the wetlands, and to enhance water quality. The
City shall retain the right to prohibit development within the buffer area. The boundary of an upland buffer
area shall be consistent with best management principles and practices and shall be compliant with
applicable St. Johns River Water Management District permitting standards for upland buffers adjacent to
wetlands to sufficiently protect adjacent wetlands.
Required Dedication of Conservation Easements. The City may require applicants for subdivision
development approval to include the dedication of conservation easements or reservations where the City
finds that the dedication is reasonable in order to protect the value and function ora wetland.
Administration of Wetland Development Restrictions. The City shall coordinate with the jurisdictional
agencies for purposes of rendering legal, equitable, and environmentally sensitive determinations of the
development rights to be permitted on such wetlands and/or lands under the jurisdiction of the State or
Federal government. The developer of a parcel of environmentally sensitive land shall be responsible for
obtaining permits or exemptions from the St. Johns River Water Management District (SJRWMD), Florida
Department of Environmental Protection (DEP) and from the Army Corp of Engineers, as may be
appropriate, prior to obtaining a development order, subdivision construction permit, or site plan review
approval from the City. Regardless of permitting by Federal or State pemtitting agencies, the City shall
reserve the fight to determine the appropriate land use and density/intensity.
SECTION 20A-3.11.2: SOIL EROSION AND SEDIMENTATION CONTROL
Required Soil Erosion and Sedimentation Control Plan. In order to prevent both soil erosion and
sedimentation, a soil erosion and sedimentation control plan shall be required as a part of an application for
a subdivision construction permit, site plan review, plot plan review of a single-family residential lot and
whenever a development will involve any clearing, removal of native or protected vegetation, grading,
transporting, or other form of disturbing land by the movement of earth.
B. Definitions. For the purposes of this section the following definitions are provided:
Soil Erosion. Soil erosion shall mean any removal and/or loss of soil by the action of water,
gravity or wind. Erosion includes both the detachment and transport of soil particles.
Sedimentation. Sedimentation shall mean the settling out of the soil particles that are transported
by water or wind. Sedimentation occurs when the velocity of water or wind in which soil particles
are suspended is slowed to a sufficient degree and for a sufficient period of time to allow the
particles to settle out of suspension or when the degree of slope is lessened to achieve the same
result.
Chapter III: Performance Criteria Article XI: Envirommental Protection
Erodible Slope. Erodible slope shall mean all slopes with inclines in excess of four (4) percent
unless modified by the City Engineer based on consideration of specific soil conditions.
Large Flat Surface Area (Unpaved). Large flat surface area (unpaved) shall mean an area which
is flat or whose slope is less than four (4) pement and which consists of more than one thousand
(1,000) square feet of exposed soil.
Erosion Control Measures. Ail measures necessary to minimize soil erosion and to control sedimentation
in the disturbed land area shall be implemented. The following protection shall be provided for all
disturbed areas: minimize velocities of water runoff, maximize protection of disturbed areas from
stormwater runoff, and prevent or retain sedimentation within the development site as early as possible
following disturbances. A list of major problem areas for erosion and sedimentation control follows. For
each one, the purpose(s) of requiring control is described. Soil erosion and sedimentation control measures
for all such areas shall be provided with a view toward achieving the specific purpose listed below for
which a control plan is required;
1. Erodable Slopes: Prevent detachment and transportation of soil particles from slope.
Streams, Streambeds, Streambanks, Bodies of Water, Lake Shorelines: Prevent detachment
and transportation of soil particles.
Drainageways: Prevent detachment and transportation of soil particles (which would otherwise
deposit in streams, bodies of water, or wetlands); promote deposit or sediment loads (traversing
these areas) before these reach bodies of water.
Land Adjacent to Streams, Ponds, Lakes, and Wetlands: Prevent detachment and
transportation of soil particles. The applicant shall not adversely impact aquatic vegetation within
the sensitive transition zone located bet~veen the upland and the mean high water line (ordinary
high water line for non-tidal waters). No such vegetation shall be disturbed without approval of
the city. Any such approval shall be based on a demonstrated necessity that promotes the overall
public health, safety and welfare. Furthermore, any such disturbance of aquatic vegetation shall be
compensated by re-vegetation based on a plan approved by the city as stipulated herein. The
applicant shall coordinate plans for riveffront development with the Florida Department of
Environmental Protection as well as the U.S. Army Corps of Engineers where tidal waters might
be impacted. Where deemed appropriate, the site plan shall include the planting of native
indigenous aquatic plant vegetation to promote stability of the shoreline.
Enclosed Drainage Structure: Prevent sedimentation in structure, erosion at outfall of system
and deposit of sediment loads within system or beyond it.
Large Fiat Surface Areas (Unpaved): Prevent detachment of soil particles and their off-site
transportation.
Impervious Surfaces: Prevent the detachment and transportation of soil (in response to an
increase in the rate and/or volume of mnoffof the site or its concentration caused by impervious
surfaces).
Borrow and Stockpile Areas: Divert runoff from face of slopes exposed in the excavation
process; convey runoff in stabilized channels to stable disposal points; leave borrow areas and
stockpiles in stable condition.
Applicability. Appropriate measures shall be taken during land clearing and building operations to assure
that exposed, destabilized or otherwise altered soil is expeditiously covered with an acceptable erosion
control material. The provision shall be applicable to the act of subdividing and installation of related
improvements as well as during the development review process including the period during which
improvements may occur as well as the length of time soil may be exposed to the environment. The tree
and native vegetation protection ordinance shall be applicable to all clearing and grading activities and shall
include specifications for management principles gaiding the removal or placement of vegetation and
landscaping design. Regulations shall also require developers to take precautionary measures, where
necessary, to avert destmctlon or damage to native vegetation.
L-md Development Code Page XI-2 City of Sebastian
Chapter III: Performance Criteria Ar6de XI: Environmental Protection
SECTION 20A-3.11.3: AQUIFER RECHARGE PROTECTION
Aquifer Recharge Area Defined. Aquifer recharge areas shall be defined as those areas determined by
the Indian River Soil Conservation District as having good to excellent recharge potential as generally
identified on map B-5 of the City of Sebastian Comprehensive Plan Goals. Ob_ieetives. and Policies. These
area include the following soil types: Paola, St. Lucie, Astatula,Archbold, Pomello, Orsino, Jonathan, and
Satellite
Restrictions on Development within Recharge Areas. All development within designated recharge areas
shall comply with the following development requirements:
Preservation of recharge potential. Development shall preserve the predevelopmant conditions
with regard to soil type, drainage rotes, grade elevation, and shall be designed so as to minimize
the reduction or recharge of the Surficial aquifer. The groundwater level and fluctuations shall be
substantially the same as predevelopment conditions.
Soil Removal. Removal of soil from a development site or any portion thereof, which is located
above twenty-five (25) feet mean sea level is prohibited.
3. Clearing. No clearing of soil or vegetation may occur before a permit for such activity is issued.
Excavation. Excavation which cuts below the seasonal high water table shall be prohibited unless
a design/plan is prepared by a qualified engineer and approved by the City Engineer which
demonstrates that the work can be completed in a manner that will not detrimentally impact the
groundwater table. The excavated area may be excavated during the dry season when excavation
is done below the seasonal high water level, but higher than the seasonal low groundwater table.
The burden of proof of the seasonal levels is by the developer's engineer.
5. Impermeable Surfaces. Impermeable surfaces of recharge areas shall be regulated as follows:
Development on sites with any land having an elevation no greater than twenty-five (25)
feet above mean sea level (MSL) shall restrict impermeable surfaces to fifty (50) percent
of the total area of the site which is twenty-five (25) feet or less MSL.
Development on sites with any land exceeding twenty-five (25) feet mean sea level
(MSL) shall restrict impermeable surfaces to thirty-five (35) pement of the total area of
the site which is above twenty-five (25) MSL.
C. Prohibited Land Uses. The following land uses and activities are prohibited within aquifer recharge areas:
2.
3.
4.
5.
6.
7.
Sanitary landfills;
Animal feedlots;
Wastewater treatment facilities, not including duly permitted septic tanks;
Petroleum and pesticide bulk storage facilities without proper containment;
Incinerators
Above-ground or below-gronnd pipes for pollutants or contaminants.
All other land uses that store, handle, or generate hazardous materials or wastes. The following
State and Federal rules define and regulate additional hazardous material.
· Chapter 38F-41 of the Florida Administrative Code (the Florida Substance List).
· Title 40 of the Code of Federal Regulations Part 26I (Identification and Listing of Hazardous
Wastes).
· Title 40 of the Code of Federal Regulations Part 302.4, Table 302.4 (List of Hazardous
Substances and Reportable Quantities).
· Title 40 of the Code of Federal Regulations part 355, Appendix A and B (List of Extremely
Hazardous Substances).
Sandmines
Land Development Code Page XI-$ Ci.ty of Sebastian
Chapter III: Performance Criteria Article XI: Env~roilmellta] Protection
SECTION 20A-3.11.4: COASTAL RESOURCE IMPACT ANALYSIS
Estuarine Shoreline Protection. Applicants for development along the Indian River Lagoon, Sebastian
River, or Collier Creek shall be required to submit as part of the permirting process, plans that demonstrate
how the development shall incorporate features designed to protect against potential adverse impacts to:
2.
3.
4.
5.
Shoreline vegetation and stabilization;
Water quality;
Native habitat, including seagrass beds and wetland habitats;
Living marine resources, and
Shoreline access.
No shoreline development shall be approved until the applicant has demonstrated that potentially adverse
impacts shall be prevented or that compensatory mitigation shall occur.
Shoreline Vegetation and Stability. No vegetation shall be removed from a shoreline without a duly
authorized permit (Article XIII). Where the City approves shoreline alterations, the applicant shall be
required to re-vegetate, stabilize, and enhance damaged shorelines by planting native vegetation, including
mangrove and/or appropriate native plant species which:
Contribute to marine productivity and water quality;
Offer protection from erosion and flooding; and
Contribute to the natural soil building process.
Whenever vegetation is removed, the applicant~developer must provide mitigation plan ensuring that re-
vegetation shall occur. In order m establish such assurance, the mitigation plan shall include a re-
vegetation that contains an appropriate ratio of replacement plants to continue the physical and biological
functions of the vegetation, especially any pre-existing function as a habitat. The mitigation plan shall be
subject to review by the Planning and Zoning Commission and by the appropriate Federal and/or State
agencies having jurisdiction. Activities along the shoreline require FDEP permit.
Hardening of the Indian River Lagoon shoreline or the shoreline of the Sebastian River with tip-rap or other
similar approved devices shall not be allowed unless erosion constitutes a critical peril to upland property
and the use of vegetation has failed to stabilize the shoreline. In such case, coquina rip rap shall be the first
alternative. Such shoreline hardening structures shall not be vertical seawalls or bulkheads. The specific
location and design of such structures shall:
Comply with the best management principles and practices and be accomplished by use of the
least environmentally damaging methods and designs possible;
Avoid a vertical slope that generates erosive tendencies, especially to adjacent unprotected
shoreline properties~ Pervious interlocking tile systems, filter mats, and similar stabilization
methods shall be used in lieu of vertical wails;
Not be located waterward of the mean (or ordinary as applicable) high water line except when it is
shown to be in the public interest;
4. First be approved by other public agencies having jurisdiction; and
Incorporate a program of shoreline vegetation or re-vegetation in order to build, enhance, and
stabilize a natural shoreline.
Living Marine Resources, Including but Not Limited to Seagrass Beds. Development along the coastal
shoreline or within an area extending into the .jurisdictional tidal waters of the City shall avoid adverse
impacts of development on benthonic communities within tidal waters, including seagrass beds and other
live bottom communities as well as adverse impacts on the coastal marsh and other coastal non-tidal
wetland habitats.
Land Development Code Page XI-4 City of Sebastian
Chapter HI: Perfornmnce Criteria
Article XI: Environmental Protection
Since these areas are sensitive to increased turbidity and other forms of pollution, water mn-off and
introduction of nutrients, these forms of pollution shall be regulated through effective water quality
management criteria. Plans for development impacting marine resources shall be coordinated with state
agencies having jurisdiction prior to the City granting development plan approval and/or prior to release of
any permit for construction. Compensatory mitigation may be permitted in cases of overriding public
benefit where both the State and Federal agencies having jurisdiction approve the mitigation measures
proposed by the developer. Any such development shall ensure continuance and maintenance of essentially
natural conditions in order to further propagation of fish and wildlife as well as public recreation
opportunities.
All applicants proposing development activities along any estuarine shoreline or within submerged areas
shall be required to submit a site plan pursuant to site plan review regulations. Such site plan shall provide
information describing marine life potentially impacted by proposed land uses as well as related
construction activity. The plan shall stipulate assurances that the proposed project shall not adversely
impact marine life or water quality. For instance, the City may require water quality control techniques
such as the use of weirs for purposes of managing turbidity. In addition, the City shall require surveys of
existing conditions, specifications of planned site improvements, and techniques to be used during
construction as well as in operating and maintaining the land use in order to prevent damage to living
marine organisms.
Water-Related and Water Dependent Uses. All water-related uses shall be built on uplands landward of
the high velocity hurricane storm surge zone (VE-zone). All construction activities shall be predicated on
plans compliant with applicable State and City building codes. Dredging and filling of wetlands or open
water in order to accommodate water-related uses shall not be permitted unless all State agencies having
jurisdiction have approved the construction plans and the City approves such activity pursuant to provisions
for wetland protection (§20A-3.11.1), the storm water management (Article XII), and all other relevant site
plan review criteria.
Within the wetland estaarine shoreline, no development other than water dependent native shoreline
vegetation, approved elevated accessways (of wood or other material which allow light to pass through and
air and/or water to circulate underneath and to support plant life), or other water dependent uses approved
by ali State and/or Federal agencies having jurisdiction and approved by the City pursuant shall be
permitted. No structures that constrict water circulation in the lagoon shall be permitted.
No non-water dependent uses shall be permitted on submerged lands or wetlands. Development on uplands
adjacent to wetlands shall preserve a buffer measured from the nearest upland/wetland boundary. The
buffer area shall be coordinated with St. Johns River Water Management District permitting guidelines.
Within the buffer area all exotic vegetation shall be removed and native plants shall be planted. The
purpose of the buffer area is to protect ambient water quality and to prevent degradation of water quality
from pollutants fi.om surface water mnoffwithin coastal waters.
Impacts of Coastal Development on Tidal Flushing and Circulation Patterns. Tidal flushing and
circulation patterns generally shall not be altered by development activities. No development shall produce
changes in tidal flushing and circulation patterns unless the applicant for development clearly demonstrates
that no adverse environmental impacts shall be occasioned by the proposed changes in tidal flushing and
circulation patterns. The applicant shall provide hydrographic information sufficient to support this
premise. Additionally, no alteration in tidal flow shall be permitted which causes stagnation or siltation.
The City shall grant no alteration permit unless all other agencies having jur/sdictinn have granted
clearance, including ail requisite permits.
Marinas and Dock Facilities. The City shall not approve docks or marina improvements until the
applicant demonstrates compliance with all applicable Federal and State laws and administrative roles, as
well as applicable policies of regional agencies. Site plans shall include an environmental impact
component for all docks and marinas, which adequately address marina siting criteria cited herein. These
plans must demonstrate to the City's satisfaction that the facilities shall not adversely impact living marine
resources, including, but not limited to, seagrasses, estuarine waters, manatees and other living marine
organisms. The plans shall comply with the following criteria:
L,xnd Development Code Page XI-$ City of Sebastian
Chapter III: Performance Criteria Article XI: Environmental Protection
1. The Plan shall indicate the following:
Location relative to all potentially impacted natural marine resources.
Structural specifications.
Description of ali impacted natural marine resources, including their location and
physical characteristics.
The location of multi-slip dock or marina facilities shall be located so as to prevent or
minimize dredging and shall not disturb seagrass beds or adjacent wetlands.
Availability and location of sewage pump-out facilities.
Hurricane contingency plans.
Mitigation techniques proposed to compensate for any potential environmental
dismption.
2. New marinas shall not be allowed in or immediately adjacent to the following sensitive areas:
Aquatic Preserves;
Marina Sanctuaries;
Estuarine Sanctuaries; and
Areas of essential manatee habitat, as determined by DEP.
Marinas must have sufficient upland area for all non-water-dependent uses. Dredging and filling
of wetlands or open water in order to accommodate uses that are not water-dependent shall not be
allowed. Exceptions may be granted in cases shown to be overwhelmingly in the public interest,
such as the presence of sensitive upland systems.
Cumulative effects of several marinas anti/or boat ramps in one area shall be considered in the
review of proposed marina projects.
All new and expanded marinas shall provide a demonstration of compliance with State Water
Quality Standards by maintaining a water quality monitoring program approved by the Florida
Department of Environmental Protection (DEP).
Grassbeds and other submerged habitat deemed valuable by DEP will be subject to protection
regardless of their size. DEP frequently imposes their jurisdiction based on size and connection to
other wetlands, so this may be contradictory.
In reviewing applications for new or expanded docking facilities, ways to improve, mitigate, or
reverse adverse environmental impacts caused by previous activities shall be explored. This may
include shallowing dredged areas, restoring wetland or submerged vegetation, or marking
navigational channels. Such mitigation or restoration may be a condition of approval of new,
renewed, or expanded facilities.
Immediate access (ingress and egress) points shall be delineated by channel markers, indicating
speed limits, manatee area wamings, and any other applicable regulations.
All new or expanded marinas must provide treatment of stormwater run-off from upland areas to
the extent necessary to ensure that state water quality standards are met at the point of discharge to
waters of the state. In addition, all requirements of the water management district and DEP shall
be met.
I0.
Boat maintenance activities in new or expanded marina facilities shall be located as far as possible
from open water bodies in order to reduce contamination of water bodies by toxic substances
common to boat maintenance. Run-off from boat maintenance must be collected and treated prior
to discharge.
1I.
Open wet slips will be preferred to covered wet slips in marina design to reduce shading of water
bodies which result in lowered biological productivity.
Land Development Code Page XI-6 City of Sebastian
Chapter HI: Performance Criteria
Article XI: Environmental Protection
12.
Marina design shall incorporate natural wetland vegetative buffers whenever possible near
docking area and in access areas for erosion and sedimentation control, nm-off purification and
habitat purposes.
13.
The West Indian manatee shall be afforded protection from boating activities that may have an
adverse impact upon the species. The following criteria apply in the implementation of this
policy:
Marina operators shall undertake the following manatee protection measures in areas
where manatees are known to occur:
(1)
Implement and maintain a manatee public awareness program which will
include posting signs to advise boat users that manatees are an endangered
specie which frequents the waters of the regioffs estuaries and lagoon;
(2) Declare the waters in and around marinas as "idle speed" zones; and
(3) Post phone number(s) to report an injured manatee.
Local manatee protection plans shall be included as part of the Coastal Management and
Conservation elements of the comprehensive plan. The plan should:
(1) Assess the occurrence of manatee activity, within the jurisdiction;
(2) Document the number of manatee accidents and deaths;
(3) Identify manatee habitats;
(4)
Determine the potential for adverse impacts to the manatee population from
various activities and identify the level of protection necessary to ensure least
possible interference; and
(5)
Recommend local mitigative actions to be undertaken in support of the regional
policy.
14.
In addition to the above listed criteria, accessory docks and unwalled boat shelters, davits, lifts and
pilings shall be permitted and erected in accordance with the following regulations.
All docks, piers or wharves and associated pilings, and ali davits or lifts whether
associated with a dock or erected separately, shall require a building permit from the
Building Department and other applicable permit(s), as required, through the State of
Florida and/or Federal regulatory agencies, including the U.S. Army Corps of Engineers
and/or any other agency having appropriate jurisdiction.
All docks, pilings, or wharves, as permitted, shall be located in a manner that does not
interfere with the riparian rights of adjacent properties.
All docks, piers, wharves, davits and lifts, as permitted, shall be located to meet the
following requirements:
(t)
Local canals and lakes - Said structure is located within the center one-third
(1/3) of the waterfront footage of the property and shall not extend further than
t~venty (20) feet or one4hird (1/3) of the width of the waterway, whichever is the
lesser distance.
(2)
Indian River Lagoon & Sebastian River - As permitted by applicable State and
Federal regulations.
Land Development Code P~e XI-7 Ciw of Sebastian
Chapter I~I: Performance Criteria Anlde XI: Environmental Protection
All off-shore pilings shall not project further above the surface of the water than is
reasonably necessary for their use and be located no further from the ruar property line
than:
(1)
Local canals and lakes - Twenty (20) feet or one-third (1/3) the width of the
waterway, whichever is the lesser distance.
(2)
Indian River Lagoon or Sebastian River - As permitted by applicable State and
Federal regulations.
his section notwithstanding, alternate site plan specifications may be presented to the
Planning and Zoning Commission for review and approval, as deemed necessary by the
applicant.
Estuarine Water Quality. In order to protect the water quality of the Aquatic Preserve, no new point
source po[hition shall be permitted to discharge into the lagoon or into ditches or canals flowing into these
lagoon. In addition, in order to reduce non-point source pollutants the City shall require surface water
management plans that comply with the City's adopted drainage level of service standard cited in Article
IX, provisions of Article XII, and shall satisfy ali applicable federal, state, and regional standards and
policies governing estuarine water quality.
Restrictions in Coastal High Hazard Area. The coastal high hazard area includes ail area within the
category I evacuation area established in the Treasure Coast Regional Hurricane Evacuation Study. The
City shall enforce land use controls within the coastal high hazard area, especially areas east of Indian River
Drive. Enforcement activities shall include but not limited to enforcing:
Exclude Habitable Structures from Locations within the V-zone. No habitable structures shall
be permitted within the V-zone.
Prohibit Potential Point Pollutants. Water and sewer treatment plants, industrial holding ponds
and other potential point pollution sources within the coastal high hazard area are prohibited.
Storm and Flood-proofing Standard for Structures. Construction within the coastal high
hazard area shall meet storm and flood-proofing standards exceeding those required for a one
hundred (100) year storm.
Manage Density. Residential development and/or redevelopment in the coastal high hazard shall
not exceed existing residential.
New Development to Exclude Septic Tanks. No new development or redevelopment within the
coastal high hazard area shall be permitted to use septic tanks.
Publicly Funded Infrastructure. Publicly fi.reded infrastructure shall not be built within the
coastal high hazard area unless the facility is for the protection of public health and safety.
Restrictions on Development Impacting Class II Water. Class II waters are defined by DEP as coastal
waterbodies which currently do or have potential for supporting shellfish harvesting. That portion of the
Indian River within the City corporate limits has been classified by the Florida Department of Protection,
Southeast Subdistrict, as a Class II waterbody. The following development restrictions shall be imposed:
Limitation on Dredging. Dredging activities shall be limited to approved maintenance dredging
and shall minimize adverse impacts on shellfish propagation or harvesting.
Intergovernmental Coordination. Development petitions potentially impacting Class II Waters
shall be coordinated with the DEP and the SJRWMD in order to ensure that storm water run-off
and all discharge processes are compliant with the laws enforced by agencies having jurisdiction.
The City shall notify the appropriate agency with the jurisdiction as potential issues or problems
are identified by the City.
Land Development Code P~e XI-8 City of Sebaatian
Chapter III: Performance Criteria Article XI: Environmental Protection
Restriction on Use. Use of Class II water shall be restricted to water dependent activities that are
not contrary to the public interest and satisfy a community need.
Restrictions on Modification of Grassbeds. Modification of grassbeds shall be restricted to only
those cases involving overriding public interest. Where modification of grass beds is permitted the
City shall not approve a site plan unless the applicant for development has demonstrated
compliance with the following:
A determination of overriding public interest bas been demonstrated prior to modification
of grassbeds.
Project mn-off and nutrient introduction shall be controlled to prevent an increase in
water turbidity.
Projects damaging grassbeds during construction shall incorporate mitigative techniques
which re-establish benthonic conditions favorable to natural regeneration.
The City shall coordinate closely with State and federal agencies during the permitting
processes to ensure that the intent of these policies is carried out.
Estuarine Shoreline Access. The City has adopted the State standard for shoreline access to the Indian
River Lagoon and Sebastian River. The City shall preserve existing access points and shall strive to add
additional access points in order to achieve access points at approximately one-half mile intervals along the
estuarine shoreline.
Multi-Agency Review of Coastal Management Issues. As part of the staff analysis and evaluation of site
plans involving land adjacent to the Indian River Lagoon as well as major site plans impacting the St.
Sebastian River, the Planning and Growth Management Director shall coordinate with representatives of
County, State and Federal agencies having jurisdiction over coastal issues, including as may be applicable
the: U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, State Department of Environmental
Protection (DEP), the St. Johns River Water Management District (SJRWMD), the Treasure Coast
Regional Planning Council, Indian River County, and other Federal, State, and regional agencies as may be
appropriate in managing the following activities:
The City shall coordinate all development and resource conservation measures impacting the
waters of the State and the Sebastian River with the above cited agencies. These activities shall
include, but not be limited to, review of proposed development potentially impacting natural
resources, including development petitions for docks, shoreline stabilization, dredging, or other
alteration of nat'm-al resources under Federal or State jurisdiction.
The City shall coordinate with technical staff within DEP and SJRWlvlD in order to ensure
implementation of sound principles and practices of coastal resource management during review
of major site plans as well as in the formulation of policies impacting coastal resource
management.
The City shall coordinate with the SJRWMD, the DEP, as well as other appropriate State agencies
in matters surrounding stormwater management, drainage, water quality and quantity, and
consumptive use permitting.
The City shall ensure that all issues surroanding development impacts on wetlands or other
resources under federal and/or state jurisdiction are managed based on timely coordination,
exchange of information, and appropriate follow-up by the City and all agencies having
jurisdiction over the issue. The City shall request jurisdictional determinations from all appropriate
agencies prior to the issuance of development orders or building permits for all sites within the
City.
The City shall coordinate with Indian River County on issues surrounding hurricane evacuation,
stormwater management on County roadways, public access, and other coastal issues of mutual
Land Development Code Page XI-9 City of Sebastian
Chapter III: Performance Criteria Artide XI: Environmental Protection
Regulating Impacts of Development on Waterbodies, Site plans adjacent to esmarine waters shall
comply with the following performance criteria:
Surface water management systems shall be consistent with the City's adopted drainage level of
service cited in Article IX: Concurrency Management and applicable Federal, State, and regional
standards.
In addition to requirements of Article XII: Stormwater Management, the stormwater management
plan shall indicate the characteristics of the wetland buffer, if required pursuant to §20A-3.11-
4(C), which requires an upland buffer separating wetland (in this case, the submerged land) and
upland areas and in which development activities may be regulated to protect the estuary. The
upland buffer shall be an area landward of the upland edge of an estuary and shall provide an
undeveloped area that separates developed upland from the estuarine waters. In this case the
purpose of the buffer area is to ensure the continuing function of the estuary and related wetland
communities, to prevent pollutants within surface water runoff from entering the estuarine waters,
and to enhance water quality. The City shall retain the right to prohibit development within the
buffer area. The boundary of an upland buffer area shall be consistent with best management
principles and practices and shall be compliant with applicable St. Johns River Water Management
District or other applicable permitting standards for upland buffers adjacent to the estuary.
A vegetated and functional littoral zone shall be established as part of the surface water
management system of lakes occurring on all property. Prior to construction of the surface water
management system for any phase of a project, the developer shall prepare a design and
management plan for the wetland/littoral zone that will be developed as part of these systems.
The plan should:
Include typical cross sections of the surface water management system showing the
average water elevation and the -3 foot contour (i.e., below average elevation), or a
seventy-five (75) foot distance from the wetland buffer, whichever is greater;
Specify how vegetation is to be established within this zone, including the extent,
method, type and timing of any planting to be provided; and
Provide a description of any management procedures to be followed in order to ensure
the continued viability and health of the upland, wetland transition area and water body.
The upland buffer zone as established should consist primarily of native vegetation and
should be maintained permanently as part of the water management system. As a
minimum, 10 square feet of vegetated littoral zone per linear foot of lake shoreline should
be established as part of the surface water management system. The developer's buffer
zone management plan shall include a plan acceptable to the City for the long term
management and maintenance of stormwater, shoreline stabilization, and estuarine water
quality protection. The burden for perpetual maintenance rests with the property owner.
Should it be necessary to establish or replenish shoreline or buffer zone vegetation, the
developer should use plants that are highly salt toIerant as part of the aquascape (i.e.
mangroves). Aquatic planting that is necessary shall be illustrated on the required
landscape plan submittal for site plan review [Reference Sec. 20A-4-18.5 (F)(3 and 4)]
Outstanding Florida Waters, Class II, and Class III Waters shall be protected by incorporating the
following provisions into the City's land development regulations:
Dredging and filling activities shall be limited to DEP, U.S. Army Corp of Engineers, and
SJRWMD and any other applicable agency approved dredging.
Ensure good water quality by coordinating with the U.S. Fish and Wildlife Services,
DEP, and the SJRWMD in monitoring the quality of stormwater mn-off and all discharge
processes where these agencies have jurisdiction.
Land Development Code Page XI-10 City of Sebastian
Chapter IlI: Performance Criteria
Art/de XI: Environmental Protection
The City shall notify the appropriate agency with jurisdiction as potential issues or
problems are identified by the City. The City's amended land development regulations
shall provide performance criteria designed to ensure that new development provides
effective and adequate storm-water management improvements concurrent with the
impacts of new development. All new development shall comply with drainage level of
service criteria.
Prohibit the use of these waters for water dependent activities that are conlzary to the
public interest and do not satisfy a community need.
Prohibit modification of marine grassbeds unless required by an overriding public
interest, and the activity is approved by Federal, State, and/or regional agencies having
jurisdiction.
Where modification of grassbeds is permitted by agencies having jurisdiction, the City
shall ensure that:
(l)
A determination of overriding public interest has been demonstrated prior to
modification of grassbeds.
(2)
Project mn-off and nutrient introduction shall be controlled to prevent an
increase in water turbidity.
(3)
Projects damaging grassbeds during construction shall incorporate mitigative
techniques which re-establish benthic conditions favorable to natural
regeneration. Mitigation should only be allowed at a 3 or 4 to I ratio as
recommended by the Marine Resources Division of DEP.
(4)
Special attention shall be given to stipulations cited in (1) through (3) above
during the development review process. The City shall coordinate closely with
State and Federal agencies during the permitting processes to ensure that the
intent of these policies is carried out.
f. Protect aquatic and wetland wildlife and vegetative species.
Exemptions to Coastal Resource Protection Regulations. The following activities shall be exempt from
the coastal resource protection regulations.
1. Minor maintenance or emergency repair to existing structures or improved areas.
Clearing of shoreline vegetation (excluding protected species) to create walking ~ails having no
structural components, not to exceed four (4) feet in width. The City reserves the power to restrict
the number and design of walking trails.
Timber catwalks, docks, and trail bridges that are less than four (4) feet wide, provided that no
filling, flooding, dredging, draining, ditching, tiling or excavation is done, except limited filling
and excavating necessary for the installation of pilings.
4. Recreational fishing and temporary blinds.
5. Constructing fences where no fill activity is required.
Notwithstanding, any permitted development shall provide a plan acceptable to the City that ensures
maintenance of water quality and coastal resource integrity in perpetuity.
'Land Development Code Page XI-11 City of Sebasfim~
Chapter III: Performance Criteria Ardcle XI: Environmental Protection
SECTION 20A-3.11.$: WILDLIFE HABITAT PRESERVATION AND PROTECTION OF FLORA AND
FAUNA
Vegetative communities and wildlife habitats (particularly those identified as pfimary habitat for endangered or
threatened species or species of special concern) which are deemed environmentally significant shall be protected
from adverse impacts associated with development. Table VI-l: "Endangered, Threatened, and Species of Special
Concern by Habitat" is contained within the Comprehensive Plan Conservation Element Data Inventory and
Analysis. This table identifies essential breeding, feeding or habitat sites for endangered or potentially endangered
flora or fauna that shall be protected pursuant to the following regulations.
Applicants for development within any areas identified as refuge, breeding, feeding, or habitat areas of endangered
or threatened species or species of special concern shall prepare a habitat management plan which shall as a
minimum comply with regulation in subsections A, B and C below.
Critical Habitat Management Plan Required. Site plans and preliminary plats shall include a "Critical
Habitat Management Plan" prepared by a professional biologist, ecologist, or other related professional.
The plan shall ensure the protection of endangered and threatened flora and fauna as determined by the
State or Federal government. As a minimum standard this plan shall analyze the following issues:
2.
3.
4.
5.
Identify the occurrences of designated species by a qualified ecologist;
Land needs to support continued on-site presence of the species;
Impacts of proposed development that will disturb the species;
Management plans and measures necessary to protect the subject species;
Cost to developer to implement the recommended management plan as approved.
Criteria for Reviewing Critical Habitat Plan. Development activities that have an adverse effect upon a
designated species shall require mitigation acceptable to the City or shall not be permitted. Viable (i.e.,
capable of living) habitat for endangered or threatened species or species of special concern occurring on a
site shall be identified on the management plans as preservation areas. All development activities shall be
prohibited within these preservation areas with the exception of recreational and educational uses where
such uses shall not adversely affect such species.
The City staff shall review the Critical Habitat Management Plan as well as the federal and/or state
agencies having jurisdiction. The final development plan shall comply with directives of the Federal and/or
State or local agencies having jurisdiction and the most restrictive shall apply.
Incentives for Reservation of Conservation Easements. The applicant and the City may negotiate a
development agreement that ensures the preservation of habitats. Where the applicant agrees to dedicate a
conservation easement embracing the identified habitats, the City reserves the right to provide for a transfer
of density or intensity to adjacent lands under common ownership which are unencumbered by
environmentally sensitive ecosystems.
Buy Out Alternative. If the applicant desires to develop a critical habitat, the City, with consent of
agencies having jurisdiction, may allow the applicant to develop the critical habitat only if the applicant
pays a fee in lieu of dedicating a conservation easement to preserve the critical habitat. However, any
payment allowed in lieu of preservation must be sufficient to purchase equally sensitive habitat of similar or
greater size. Such cash payment may be placed in a special fund for future purchase of critical habitat.
SECTION 20A-3.11.6: FLOODPLAIN PROTECTION
Development within the floodplain (the A, AE, and VE zone on the FIRM maps) shall meet the floodplain
management requirements in Article XII, Surface Water Management and Flood Protection.
SECTION 20A-3.11.7: HAZARDOUS WASTE STORAGE AND DISPOSAL
No hazardous wastes shall be stored or disposed of on wetlands. Similarly, no hazardous wastes shall be stored or
disposed of on upland buffers pursuant to this Article.
Land Development Code Page XI-12 City of Sebastian
Chapter III: Performance Criteria Article XI: Environmental Protection
SECTION 20A-3.11.8: CONSERVATION OF POTABLE WATER SUPPLY
The City shall assist in regulating development for purposes of complying with policies of the St. Johns River Water
Management District directed toward conservation of potable water supply and to achieve a reduction in the current
rates of water consumption. Therefore, development plans shall be required to comply with the following potable
water supply performance criteria:
If non-potable alternative sources of irrigation water are available, potable water supplies shall not be used
to meet irrigation needs.
2. All new development shalI be required to use water-saving plumbing fixtures.
In order to reduce demand for irrigation water (which in turn often places greater demand upon potable
water sources), at least fifty (50%) percent of all landscaping material for commercial sites obtained from
off-site sources for use on any site should be native plant material adapted to soil and climatic conditions
existing on the subject site. Further, at least fifty (50%) percent of all trees used in landscaping shall be
drought tolerant native species adapted to soil and climatic conditions existing on-site in order to lessen
water demand.
SECTION 20A-3.11.9 IRRIGATION WELLS
Irrigation wells as regulated herein are defined as: Wells constructed for the obtaining of groundwater for the
irrigation of lawns and landscaping, and whose size or capacity are below the thresholds for regulation by state
agencies. For purposes of mitigating potential adverse impacts on land use caused by the construction of irrigation
wells, the City shall require that any irrigation well installed within the City shall first obtain a permit for the
irrigation well from the appropriate permitting agency. Ail irrigation wells shall be constructed by a water well
contractor licensed under Chapter 17-53 i, F.A.C., to engage in the business of construction, repair, or abandonment
of wells. Similarly, all irrigation wells shall be constructed in accordance with all applicable state regulations and
good engineering practices, including § 17~532.500, F.A,(~,
Land Development Code Page XI-13 City of Sebastian
Telephone: (561) 770-5300
February 7, 2000
BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF UTILITY SERVICES
1840 25th Street, Vero Beach, Florida 32960
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Attn: Terrence R. Moore, City Manager
Re: Sebastian Water Assessment Project
Amended Project Schedule
2000 FEB
Dear Mr. Moore:
Attached is a revised project schedule for the Sebastian Water Assessment Project. The County
as well as most utility contractors are experiencing equipment delivery delays as a results of a
shortage of PVC pipe and related appurtenances. We have researched the extent of the shortage
and it is projected that under current market demands that material delays in excess of 5 - 6
months is anticipated. In an attempt to mitigate the delays we are pursuing an alternate contract
award methodology for the next phases of construction (phases 2D & 2E). Attached is a draft of
a County Agenda Item requesting Board of County Commission authorization to extend the
current Contract for Phase 2C to Treasure Coast Contracting Inc. to include Phases 2D and 2E.
We regret any inconvenience this may cause. We understand the critical time for
implementation of this project and we are making every attempt to mitigate the delays.
Should your office require further information please contact me (561-770-5325) or Mike
Hotchki~, PE at (561) 770-5321. Thank you.
~p i~1 ~; rDoj°eYclt:' ~Ean agar ~
SJD/~d
Enclosure
Martha Campbell, City of Sebastian Engineer
Don Hubbs, IRC Utility Director
Ieff Smith, IRC Assistant Director
Gene Rauth, IRC Operations Manager
Mike Hotchkiss, IRC Env. Engineer
Jeremiah Johnson, IRC Env. Engineer
Dan Chastain, IRC Mgr. of Assessments
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
FEBRUARY 4, 2000
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
DONALD R. HUBBS, P.E.
DIRECTOR OF UTILITY SERVICES
MICHAEL C. HOTCHKISS, P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SEBASTIAN WATER ASSESSMENT-PHASE 2D & 2E
PIGGYBACK PHASE 2C CONSTRUCTION CONTRACT WITH TREASURE COAST
CONTRACTING, INC.
INDIAN RIVER COUNTY PROJECT NO UW-97-13-DS
WlP NO 473-000-169-356.00
BACKGROUND
On August 24, 1999, the Board of County Commissioners awarded Bid No. 9071 to Treasure Coast Contracting, Inc.
(see attached agenda item and minutes) in the amount of $980,574.30 to provide water service and fire pmteetiun to the
Sebastian Water Assessment Project-Phase 2C. Treasure Coast Contracting, Inc. was also awarded the contract for the
previous phase of coustmction, Phase 2B (see attached minutes of meeting). Since Treasure Coast Contracting, Inc. was
the lowest, most responsive and responsible bidder on the previous two phases, staff is requesting that the Board of
County Commissioners award the Phase 2D and Phase 2E projects as piggybacks to the Phase 2C project.
ANALYSIS
The project will involve constructing approximately 19.5 miles of various size ~vater mains to complete the Phase 2 area
of construction combining previously scheduled Phase 2D with 2E (Sebastian Highlands north of CR 512, see attached
sketch). This system will serve the City of Sebastian municipal complex, as well as provide potable water and fire
protection to un area noted for failing well systems. The piggyback process will eliminate the time involv~l (generally 2
months or more) with bid awarding a project, thus expediting the assessment schedule, in order to meet the City's road
paving schedule.
The contractor has agreed to maIntain their unit cost for material and labor used in the Phase 2C contract with the
exception of the material cost for 12", 6" and 4" PVC pipe. They propose to construct the aforementioned pipe for an
additional $2.84, $.92 and $.47 per foot, respectively (see attached memo from Treasure Coast Contracting, Inc. dated
January 24, 2000). Th/s will result in an additional estimated $120,330.96 of an estimated $2,717,751.84 contract
(maintaining the Phase 2C unit prices, see attached copies of engineer's estimate), or a 4.43% increase.
The cost for PVC pipe has substantially increased since the Phase 2C project was awarded. In general, the rate of
inflation for construction of water distribution systems, as published by Engineer's News Record since August, 1999 has
G:\UtilitieskMikeltkSeb2DkPiggybackAGN.doc
Page 1 of 2
been 1.5% per month (17.5% for the year-see, attached excerpt). Staffalso obtained material costs for the subject PVC
pipe from another vendor, Hughes Supply, Inc. Attached is a smnmary of their unit costs. Staff calculated the cost
diftbrential considering the two unit price quotes (see attached cost summary). Based on our evaluation, the material
unit price agreed to by Treasure Coast Contracting, Inc. resulted in $1,711.34 lower project cost than what was proposed
by Hughes Supply, Inc. based on this information, the contractor's proposed unit price increase of 4.43% since August is
acceptable.
Attached is a copy of the Standard Form of Agreement proposed to be used. The wording of the contracts for Phase 2C
and Phase 2D will be identical. The conceptual time for construction of the project is 360 days. Liquidated damages
will be recovered at the rate of $450.00 for each day that expires beyond the date specified for final completion.
Funding for this project will be from the utility assessment fund, W1P No. 473-000-169-356.00.
RECOMMENDATION
The staffofthe Department of Utility Services recommends that the Board of County Commissioners award the con~a~act
for the Sebastian Phases 2D and 2E Water Expansion Pi:oject to Treasure Coast Contracting, Inc. in the amount of
$2,838,082.80, as presented.
In addition, staff requests authorization for the Chairman to execute the original contract document when the attached
sample contract has been reviewed and approved as to form by the County Attorney.
MCH/c
Attachments:
Exhibit A-Minutes from August 24, 1999 BCC meeting
Exhibit B-Minutes fi'om November 10, 1998 meeting
Exhibit C-Sketch of area encompassing Phases 2D & 2E
Exhibit D-Letter from Treasure Coast Contracting, Inc. dated January 24, 2000
Exlfibit E-Engineer's estimate for Phases 2D & 2E construction cost
Exhibit F-Excerpt from Engineer's News Record
Exhibit G-Hughes Supply material cost quote
Exhibit H-Cost comparison of material quotes
Exhibit I-Standard Form of Agreement Between Owner and Contractor
APPROVED FOR AGENDA:
BY
James E. Chandler
County Administrator
FOR
Date
G:\Utilitie sLMike I-P,S eb2D~PiggybackAGN, doc
Page 2 of 2
PLEASE JOIN US !
OPENING CEREMONIES
SEBASTIAN RIVER AREA LITTLE LEAGUE
SATURDAY FEBRUARY ~9, 2000
~ o:oo AM
BARBER STREET SPORTS COMPLEX