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HomeMy WebLinkAbout05-11-2022 CC AgendadI) "If SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 11, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED 12V THE OFFICE OF THE CITY CLERK OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under- this heading. A. Proclamation — National Peace Officers Memorial Day May 15, 2022 and National Police Week — May 15-21, 2022 - Accepted by Members of Sebastian's Police Department B. Proclamation — National Public Works Week - May 15-21, 2022 C. Proclamation - National Safe Boating Week - May 21-27, 2022 — Accepted by Mark Cannon, USCG Auxiliary, Flotilla 56 D. Michele Buldo, Substance Abuse Free Indian River Coalition Director, Substance Awareness Center of IRC BriefAn noun cements: Saturday, May 14 — Sebastian River Craft Club Show in Riverview Park —10 am to 3 pm 1 of 46 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input " provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 6-I1 A. Approval of Minutes — April 27, 2022 Regular City Council Meeting pgs 12-14 B. Approve Alcoholic Beverages at the Community Center for the Hurtado Family Event on June 11, 2022 from 5:00 to 11:00 pm - DOB Verified (Transmittal, Application, Receipt) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for legislative public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 15-43 A. Second Reading and Public Hearing of Ordinance No. 0-22-04 — Proposed Code of Ordinance Amendments — Article III by Amending Definitions Relating to Junk; Article IV by Amending Land Use Compatibility; Article V by Amending Zoning District Regulations Relating to Industrial Uses and Creation of New Zoning District; Article VI by Amending Conditional Use Criteria Relating to Industrial Uses; and Article XXII by Amending Language and Definitions Relating to Industrial Classifications (Transmittal, 0-22-04 Legislative Copy, 0- 22-04 Clean Copy) 2 of 46 AMENDING CODE OF ORDINANCE SECTION 8646 PROVIDING FOR DEFINITIONS; AMENDING CODE OF ORDINANCE SECTION 8647 CLARIFYING UNLAWFUL DEPOSITS, EXCEPTION; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-4.2, FUTURE LAND USE MAP (FLUM) DESIGNATIONS AND ZONING DISTRICTS BY PROVIDING NEW LAND USES AND CLARIFYING ZONING DESIGNATIONS; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.6, INDUSTRIAL DISTRICT (IN) BY ADDING CRITERIA FOR NEW HEAVY INDUSTRIAL (HI) DISTRICT; ADDING LAND DEVELOPMENT CODE SECTION 54-2-5.7, CRITERIA FOR HEAVY INDUSTRIAL (HI) ZONING DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.13, INDUSTRIAL PLANNED UNIT DEVELOPMENT (PUD- I) BY ADDING CRITERIA FOR HEAVY INDUSTRIAL (HI) DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-6.4, PROVIDING CRITERIA FOR CONDITIONAL USE; AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, ADDING DEFINITIONS; AMENDING SECTION 54-5-22.3 ADDING LAND USE CLASSIFICATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 11. UNFINISHED BUSINESS 12. NEW BUSINESS pgs 44-46 A. Establishment of the Centennial Task Force to Plan the City's Centennial Celebration (Transmittal, R-22-02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A CITY OF SEBASTIAN CENTENNIAL TASK FORCE; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR DISSOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member McPartlan B. Council Member Nunn C. Council Member Dodd D. Mayor Hill E. Vice Mayor Jones 17. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) 3 of 46 NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link below to join the webinar: https:Hus02web.zoom.us/j/84121134117 Or One tap mobile: US: +13017158592„84121134117# or +13126266799„84121134117# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 8412113 4117 International numbers available: https:Hus02web.zoom.us/u/kdfxmVrDmo 4 of 46 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: • Consent Agenda • Public Hearings • Unfinished Business New Business Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshous and S4ecial Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Invut Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Auoealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Inuut Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 46 M ;°f SEBASTIA HOW OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) MINUTES WEDNESDAY, APRIL 27, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA I. Mayor Hill called the Regular meeting to order at 6:00 p.m. and announced that May 1-7 is National Municipal Clerks week. He commended City Clerk Jeanette Williams and dedicated the meeting to her. 2. A moment of silence was held. Council Member Jones led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Community Development Director Lisa Frazier City Engineer/Public Works Director Karen Miller Procurement Manager Don Wixon Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS 22.077 A. Proclamation — Sexual Assault Awareness Month — Anril 2022 - Mindi Fetternan and, Hortensia Mahon, The Inner Truth Project Mayor Hill read and presented the proclamation to Ms. Fetterman and Ms. Mahon. 6 of 46 Regular City Council & CRA Meeting April 27, 2022 Page 2 22.078 B. Proclamation — Mental Health Awareness Month — Mav 2022 - Milo Thornton. Director. New Horizons of the Treasure Coast Mr. Thornton was not in attendance. Council Member Nunn read the proclamation for the record. BriefAnnouncements: Friday, May 6 - Sebastian River Area Chamber of Commerce Concert in the Park - S: 30 - 8 pm - Chemistry Vice Mayor Jones announced the upcoming concert. 7. PUBLIC INPUT Dr. Karen Hiltz introduced herself and said she was a resident and candidate for the upcoming vacant Florida House seat. 8. RECESS CITY COUNCIL MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING A. Approval of Minutes — January 26.2022 CRA Meeting MOTION by Mr. McPartlan and SECOND by Mr. Nunn to approve the January 26, 2022 CRA minutes passed with a unanimous voice vote. (5-0) B. Fiscal Year 2021 CRA Annual Report in Accordance with F.S.163.371 - Accen_ t and Forward to Citv Council (Transmittal, Report) The City Manager said this was the annual report required by Florida Statute and asked the board to accept it and advance it to City Council. MOTION by Mr. Dodd and SECOND by Vice Chairman Jones to accept the 2021 CRA Annual Report and forward it to City Council. Roll call: Vice Chairman Jones - aye Mr. Dodd - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Motion carried. 5-0 9. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA A. Approval of Minutes — April 13, 2022 Regular City Council Meeting 7 of 46 Regular City Council & CRA Meeting April 27, 2022 Page 3 22.079 B. Fiscal Year 2021 CRA Annual Report in Accordance with F.S.163.371 - Acceptance by City Council (Transmittal, See Pages 11-26 for Report) 22.080 C. Approve the Third Party Insurance Settlement Agreement with Robert Hanneman at No Cost to the City and Authorize the City Manager to Execute the Required Documents (Transmittal) 22.081 D. Approve the 2022-2023 Dates for the Craft Club of Sebastian Events at Riverview Park (Transmittal, Letter, Application, List, Certificate) 22.082 E. Approve Alcoholic Beverages at the Community Center for the Lovely Family Event on June 18, 2022 from 11:00 am to 4:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve consent agenda items A-E. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 11. COMMITTEE REPORTS & APPOINTMENTS 22.083 A. Indian River Countv MPO Citizen Advisory Committee — Sebastian Representative (Transmittal, Applications, Advertisement) i. Interview, Unless Waived, Submit Nominations for the 2nd Sebastian Representative on the IRC MPO Citizens Advisory Committee Council Member McPartlan nominated Amber Cerda to move up as the regular member. Vice Mayor Jones seconded the nomination. Council Member Nunn requested to waive the advertising requirements and appoint Joseph Harrison to the vacant alternate position. Council Member Dodd seconded the nomination. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye The appointment of Ms. Cerda to the regular member position and Mr. Harrison to the alternate position carried. 5-0 Regular City Council & CRA Meeting April 27, 2022 Page 4 12. PUBLIC HEARINGS 22.084 A. First Reading and Public Hearing of Ordinance No. 0-22-04 — Proposed Code of Ordinance Amendments — Article III by Amending Definitions Relating to Junk; Article IV by Amending Land Use Compatibility; Article V by Amending Zoning District Regulations Relating to Industrial Uses and Creation of New Zoning District; Article VI by Amending Conditional Use Criteria Relating to Industrial Uses; and Article XXII by Amending Language and Definitions Relating to Industrial Classifications (Transmittal, 0-22-04) AMENDING CODE OF ORDINANCE SECTION 86-46 PROVIDING FOR DEFINITIONS; AMENDING CODE OF ORDINANCE SECTION 86-47 CLARIFYING UNLAWFUL DEPOSITS, EXCEPTION; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-4.2, FUTURE LAND USE MAP (FLUM) DESIGNATIONS AND ZONING DISTRICTS BY PROVIDING NEW LAND USES AND CLARIFYING ZONING DESIGNATIONS; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.6, INDUSTRIAL DISTRICT (IN) BY ADDING CRITERIA FOR NEW HEAVY INDUSTRIAL (HI) DISTRICT; ADDING LAND DEVELOPMENT CODE SECTION 54-2-5.6A, CRITERIA FOR HEAVY INDUSTRIAL (HI) ZONING DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.13, INDUSTRIAL PLANNED UNIT DEVELOPMENT (PUD- I) BY ADDING CRITERIA FOR HEAVY INDUSTRIAL (HI) DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-6.4, PROVIDING CRITERIA FOR CONDITIONAL USE; AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, ADDING DEFINITIONS; AMENDING SECTION 54-5-22.3 ADDING LAND USE CLASSIFICATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-04 and Mayor Hill opened the public hearing at 6:15 p.m. The Cit Manager said this was put together to add some industrial uses at the airport and 130` Avenue site to encourage sustainable growth. He noted that they might want to add on page 68 under (f) Outdoor Storage, Secondary Containment, and Open Air Storage, that no storage of vehicles or vehicles for recycling shall be stored for more than 48 hours so there wouldn't be salvage yards to pick parts from established. The Community Development Director said the City has 308 acres designated as industrial and about 35 acres of heavy industrial scattered around the City. She displayed the areas on the overhead projector noting heavy industrial areas need to be by the heavy transportation corridors and as presented, they are consistent with the surrounding land uses. There was no public input. Regular City Council & CRA Meeting April 27, 2022 Page 5 MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to pass Ordinance No. 0-22-04 on first reading. Council Member Dodd thanked staff for putting this heavy industrial code change together. Mayor Hill thanked Council for their willingness to listen to members of the: public. In response to Council Member McPartlan's suggestion that the 48 hours should include 48 "business" hours, Council Member Nunn made an AMENDED MOTION that was SECONDED by Vice Mayor Jones to include the City Manager's suggestion to include vehicles or vehicles for recycling in Sec. 54-2-5.6A(f) and Council Member McPartlan's suggestion to include 48 business hours. The Community Development Director noted that in the conditional use criteria for recycling centers there is a designation of 48 hours and suggested that 48 business hours could be added there as well. (Sec. 54-2-6.4) Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 22.049 A. Atmrove the Solicitation of an Auditine Firm to Conduct the Annual Financial Audit and Annrove an Auditor Selection Committee to Include Two Members SusSested by Staff and Vote on One Citv Council Member by the Citv Council (Transmittal. F.S.218.391. RFP 22-08) The City Manager asked Council to approve the Auditor Selection Committee to include Bruce Hoffman and Larry Napier along with a member of Council to solicit and select an auditing firm. Mayor Hill and Vice Mayor Jones nominated Council Member Dodd to be the Council appointee to the selection committee. MOTION by Mayor Hill and SECOND by Council Member Nunn to approve Bruce Hoffman, Larry Napier and Council Member Dodd to the auditor selection committee passed with an unanimous voice vote. 5-0 15. CITY ATTORNEY MATTERS - None 10 of 46 Regular City Council & CRA Meeting April 27, 2022 Page 6 16. CITY MANAGER MATTERS - None 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Vice Mayor Jones - None B. Council Member McPartlan - None C. Council Member Nunn asked the residents who have received the surveys recently sent out by the City to be sure to fill them out and send them back in. D. Council Member Dodd reported that the Earth Day event was a resounding success with a lot of advertising for the Sustainable Sebastian initiative. He said the Natural Resources Board does a great job for the City noting there is world renowned talent on the board. He also said he received interest for the hanging oyster containers that at the Working Waterfront. He asked if there could be information posted on the website. Mayor Hill said he would be interested in a grant program for the businesses along the river to place additional mats. Vice Mayor Jones said when he pulled the mats up at the Earth Day event that were placed last year, he found new filter feeders on the mats indicating their efforts are working. He said he liked the idea of placing additional mats. E. Mayor Hill - None 19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 6:31 p.m. Approved at the May 11, 2022 Regular City Council meeting. Mayor Jim Hill ATTEST.• Jeanette Williams, City Clerk 11 of 46 Lin Gf Zio HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: May 11, 2022 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Hurtado Family Birthday Party at the Community Center. Background: Martha Hurtado is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, June 11th, 2022 from 5:OOpm to 11:00pm. Staff has verified applicant's date of birth. They are expecting less than 70 people. If Agenda Item Requires ExDenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: N/A City Manager Authorization: Date: S ///�)_ 12 of 46 Ln CI SEWISTIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 ` For emergency purposes ONLY, please dial772.473.0454' Date: I Community Center ❑ Yacht Club Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) k ' 1 (2 41 C� � l tt r� i 3 Physical Address Mailing Address (if different) `1,'15v hLI L city state Zip Phone E-Mail CG1 eE ai - C.Ury, A'y)CA !,`(-kAl' a Reason for Rental - Type of Fuhction t r �C Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Time: From To Please answer the following yes or no. 1) Are you a resident of Sebastian? t L. 2) Will there be an admission charge or door charge? "r C 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age` -- Date of Birth Verified by I, 1 1 V.- A. ` '-,_., , -1, - 1— . the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, ho+Never, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. I f., F-144-f-:- ( j 1 -`14 Signature of Applicant Revised 112021 13 of 46 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name Maj4ha 1-1066do ❑ Cash Date ///-Zt%102''7. - - ❑ Check # (fdokw 611e*r6 A11A �; ."vo�m ,, //rooe 00redit 'gl hd pa- 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 0015U1 369400 Reimbursement Services up i%y On ��/a�1A22ey. I �asif relimd b �ma./�dCP 7 r20 XX - kf Roo Initials 2414 Amount Paid Aw " 94) 2.0too Z-4D.00 O Total Paid 5 `� White - Dept. of Origin • Yellow - Admin. Svcs. - Pink - Applicant 14 of 46 SEBASTV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 11, 2022 Agenda Item Title: Ordinance No. 0-22-04 - Proposed Code of Ordinance Amendment - Article III by amending definitions relating to junk. Proposed Land Development Code Amendment - Article IV by amending land use compatibility; Article V by amending zoning district regulations relating to industrial uses and creation of new zoning district; Article VI by amending conditional use criteria relating to industrial uses; Article XXII by amending language and definitions relating to industrial classifications. Recommendation: Approve Ordinance 0-22-04 at second reading. Background: In accordance with Florida Statutes 163.3202(1), each municipality shall. adopt or amend and enforce land development regulations that are consistent with implementing their updated, adopted comprehensive plans. Staff has summarized, reviewed and confirmed necessary modification or additions within the Code of Ordinance and the Land Development Code (LDC) required to bring the LDC into compliance with the Comprehensive Plan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Land Use Element Policy 1-1.3. 7: Industrial Land Use Designation. The purpose of'the Industrial Land Use designation is to provide strategically located sites for industrial needs and requisite support services. The City's Industrial Land Use may be further designated as Industrial (IND) and Heavy Industrial (HI) in order to support future economic development and job growth. In the past, absorption of industrial land has been relatively slow within the City. Most industrial districts are established locations with existing conditions. Challenges exist for new large scale industrial employers to locate in the City due to lack of adequate parcel sizes, infrastructure, and locations with convenient access to major transportation routes. New industrial locations shall ensure protection of environmentally sensitive lands andprotected natural resources. A high priority shall be given to reserving strategically located lands adaptive to the unique location requirements of industry. A. Industrial (IND) Land Use designation provides for limited manufacturing and industrial uses which minimize the potential for any adverse impacts upon nearby properties which include: utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling activities; general commercial activities; aviation related industry, services andfacilities; support services such as night watchmen or custodian residential accessory uses; and other similar land uses which shall be regulated through appropriate zoning procedures. B. Heavy Industrial (HI) Land Uses are subject to additional protective measures through appropriate zoning procedures. The City will establish separate III district location criteria and performance criteria that provide a greater separation from impacts to surrounding land uses. Uses permitted in the HI district allow a broader range of uses that may have a greater impact on adjacent properties including: sites which require large surface area, bulk storage facilities, logistic centers/terminals; distribution centers; warehousing, manufacturing and processing; green technologies and wholesale salvage operations; and support services such as night watchmen or custodian residential accessory uses. 15 of 46 C. Locational Standards: 1. Industrial sites shall generally be allocated in areas accessible to arterial roads, rail corridors, or near airport facilities and should be located in more sparsely developed areas. New industrial land use areas shall also be located near existing compatible land uses, separated from residential and institutional areas. Where new industrial locations are adjacent to environmentally sensitive lands and protected natural resources, appropriate buffers and other techniques shall be used to ensure protection of such lands and resources from industrial development. The maximum intensity is 0.5 FAR. 2. The City shall encourage industries that contribute to the City's and local economies of the Treasure Coast and Space Coast. The City shall also encourage green industries (such as recycling facilities) that minimize potentially negative regional impact to the environment. 3. The allocation of land resources for industrial development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location and distribution of industrial land use shall be determined based on the following considerations: • Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or truckingfor distribution of material and goods; • Anticipated employment generation, floor area requirements, and market area; • Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of hazardous by-products; • Impact on established as well as anticipated future development and natural systems; and • Impact on existing and planned public services, utilities, water resources, and energy resources. 4. The City shall prevent nuisance impacts frequently associated with industrial activities by maintaining performance standards in the LDC for managing emission of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare. 5. In addition to the performance standards identified above, the City shall establish performance standards in the LDC as it pertains to both industrial and heavy industrial districts which at a minimum address, but are not limited to, the following: • Allowable uses • Land use compatibility, buffering and landscaping • Access points, traffic controls, and parking • Signage • Gross floor area, impervious surface ratios • Open space • Character of an area • Locational factors • Environmental impacts • Secondary containment and open air storage facilities. 6. All facilities adjoining or on an airport shall be in accordance with FS Chapter 333 and 330 and shall protect aerial approaches and not restrict or prevent aircraft operations. 16 of 46 The Planning and Zoning Commission reviewed Ordinance 0-22-04 on March 3, 2022 and unanimously approved the draft ordinance with the recommendation of changes shown for City Councils review. Subsequently, staff has further refined the ordinance with suggested language in blue for further consideration. by City Council. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NIA Total Cost: No cost for this agenda item is anticipated. Funds to Be Utilized for Appropriation: NIA Attachments: 1. Ordinance 0-22-04 Legislative Markup Copy 2. Ordinance 0-22-04 Final Clean Copy Administrative Services Departmen Review IJ11 City Attorney Review: L� Procurement Division view, i applicab City Manager Authorization: Date: rl-5 17 of 46 ORDINANCE NO.O-22-04 AMENDING CODE OF ORDINANCE SECTION 86-46 PROVIDING FOR DEFINITIONS; AMENDING CODE OF ORDINANCE SECTION 86-47 CLARIFYING UNLAWFUL DEPOSITS, EXCEPTION; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-4.2, FUTURE LAND USE MAP (FLUM) DESIGNATIONS AND ZONING DISTRICTS BY PROVIDING NEW LAND USES AND CLARIFYING ZONING DESIGNATIONS; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.6, INDUSTRIAL DISTRICT (IN) BY ADDING CRITERIA FOR NEW HEAVY INDUSTRIAL (HI) DISTRICT; ADDING LAND DEVELOPMENT CODE SECTION 54-2-5.6A, CRITERIA FOR HEAVY INDUSTRIAL (HI) ZONING DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.13, INDUSTRIAL PLANNED UNIT DEVELOPMENT (PUD-I) BY ADDING CRITERIA FOR HEAVY INDUSTRIAL (HI) DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2- 6.4, PROVIDING CRITERIA FOR CONDITIONAL USE; AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, ADDING DEFINITIONS; AMENDING SECTION 54-5-22.3 ADDING LAND USE CLASSIFICATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to new zoning districts relating to new land uses; and WHEREAS, the Local Planning Agency held a public hearing on March 3, 2022, and made a recommendation to City Council to approve Ordinance 0-22-04. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances and the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE III. JUNK Sec. 86-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: COS 4 2022 18 of 46 (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured OF shall have . my salvage 4f4k+e- vv'Iie.eby airs t,��., lrcr-ce�— �ep1t---'m"idr-u e{�for +rvr—me feplarc.�,rn."eRt .,d repaip of r.+her F.A.A-t r -,. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b) "Open-air storage" shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage. (c) "Recyclable materials" shall include waste materials that can be used to manufacture a new product or reuse of the material for a similar or original purpose or waste that can be converted into reusable material. Specifically prohibits "Junk" as defined in (a) except for the following: motor vehicles, trailers, household appliances, scrap metals, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, paper, or any other kind of common household items. Sec. 86-47. Unlawful deposits, exception. It shall be unlawful to deposit, store, or maintain, or to permit to be deposited, stored, or maintained junk as defined in section 86-46 of this Code, in open-air storage except as permitted in the applicable zoninp, districts. The temporary deposit of junk or recvclinR in a location authorized for waste collection is exempted from this section. Amendment 2: ARTICLE IV. LAND USE COMPATIBILITY Sec. 54-2-4.2. - Future land use map (FLUM) designations and zoning districts. Table -54 2-4.2 "Future Land Use Map (FLUM) Designations and Compatible Zoning Districts" references adopted FLUM designations contained in the land use element of the City of Sebastian Comprehensive Plan and identifies corresponding zoning districts which are hereby established in order to implement the FLUM designations, respectively. TABLE 54-2-4.2") FUTURL LAND USE MAP DESIGNATIONS AND COMPATIBLE ZONING DISTRICTS Comprehensive Plan Corresponding Compatible Zoning Districts Future Land Use Map Designation C I Conservation C: I Conservation COS 4 2022 19 of 46 VLD Very Low Densitv Residential RE-40: Residential Estate RS-20: Single -Family Residential RS-10: Single-Familv Residential PUD-R: Residential Planned Unit Develooment LDR Low Density Residential RE 40; ft),dential EJra� RS-20: Single -Family Residential RS-10: Single -Family Residential PUD(R): Residential Planned Unit Development MDR Medium Density Residential RM-8: Medium Density Multiple -Family Residential RM-10: Medium Densitv Multiple-Familv Residential PUD(R): Residential Planned Unit Development MDR Pigh PeRsity ResirteRtial PUD(R): residential Pla serf Unit Deyeln.,men MH Mobile Home Subdivisions R-MH: Mobile Home Subdivisions PUD-MH Mobile Home Planned Unit Development C-512 Commercial CR-512 Corridor C-512: C-512 Commercial District CL Limited Commercial CL: Commercial Limited PUD(C): Commercial Planned Unit Development CG General Commercial CG: Commercial General PUD(C): Commercial Planned Unit Development MU: Mixed Use RMU Riverfront Mixed Use CR: Commercial Riverfront CWR: Commercial Waterfront Residential RM-8: Medium Density Multiple -Family Residential PUD(R): Residential Planned Unit Development PUD(C): Commercial Planned Unit Development MU: Mixed Use MU Mixed Use MU: Mixed Use CG: Commercial General PUD(C): Commercial Planned Unit Develooment RM-8: Medium Densitv Multiole-Familv Residential RM-10: Medium Densitv Multiple-Familv Residential PUD(R): Residential Planned Unit Development CL: Commercial Limited IN: Limited Industrial PUD I : Industrial Planned Unit Develooment IN Industrial IN: Limited Industrial Ai Airport and Industrial Facilities PUD(I): Industrial Planned Unit Development COS 4 2022 20 of 46 HI Heavv Industrial IN: Limited Industrial HI: Heavy Industrial PUD I Industrial Planned Unit Development INS Institutional PS: Public Service CON. Conservation NOTE:(1) Manufactured housing is permitted in all residential districts within the city if the units comply with the following standards: 1. City's adopted building code; 2. State mandated criteria governing construction in coastal areas; 3. State of Florida buildings standards of F.S. chapters 320 and 553; and 4. U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards of 1974 (i.e., F.S. § 320.823) The official zoning map may correct drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the code or any subsequent amendment thereto without duly noticed public hearings as provided herein. When any official zoning map is replaced, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption and amendment. Amendment 3: ARTICLE V. ZONING DISTRICT REGULATIONS Sec. 54-2-5.6. Industrial District (IN). (a) intent. The intent of the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for limited industrial development on land designated IN on the future land use map. All development in the IN District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian within the IN district. Such activities are more appropriately located g,onal tra:4sportation f✓.ilitieswithin the HI district (Sec 54-2-5.7) and PUD (1) district (Sec 54-2-5.13). (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive -through facilities Gasoline sales Crematory Commercial retail with <_ 5,000 sq. ft. Pharmacies Medical marijuana dispensaries Commercial amusements, enclosed COS 4 2022 21 of 46 Storage facilities Plant nurseries Restaurants with or without drive -through facilities Trades and skilled services, including marine -related Wholesale trades and services Farmer's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges, public and private Schools, public and private Educational institutions, marine related Administrative services, public and private Vehicular sales and related services Accessory watchman or custodian facilities Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to permitted uses (c) Conditiono! uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets ReEiVeling fa.ilitic, Accessory uses to conditional uses COS 4 2022 22 of 46 (d) Dimensional regulations: (1) Maximum FAR: 50%. (2) Maximum height: 35 feet. No structure shall be erected within the approach zones of active runways on the Sebastian Municipal Airport at a height in excess of those permitted by the FAA or the city council. All structures shall comply with the City of Sebastian Airport Master Plan. (3) Lot coverage: Maximum building coverage: 50%. Maximum impervious surface: 80%. Minimum open space: 20%. (4) Lot dimensions: Minimum lot size: 15,000 square feet, Minimum width: 100 feet. Minimum depth: 125 feet. (5) Minimum setbacks: Front yard: 20 feet. Side interior yard: None. Rear yard: 10 feet. No building or structure in an IN District shall be located closer than 30 feet to a residential district. (6) Separation requirements: • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from any public school, charter school, private school, daycare or childcare facility. • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from any church, playground, public recreational facility or community center. • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from another pharmacy or medical marijuana treatment center, and only one such business shall be located any single shopping center. (e) Processing and storage within the Industrial District: In the Industrial District any use is permitted either indoors or outdoors, but in conformance with the applicable performance standards. In the Industrial District, all business, servicing, manufacturing or processing within 200 feet of a residential district boundary may be outdoors but shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district. The requirement shall not apply to airfields for the outside storage of aircraft. (Q.rd. Ne. 0 12 10§ n 10_10_2012; nrd Ne n_1¢_n1 § 3, 6 13 2018; n.d Pie. n 19 07 5 2 1_8 2020) 54-2-5.6A Hea► v Industrial (HI) (a) Intent. The Heavv Industrial (HI) district also serves as the Citv's heavv industrial development COS 4 2022 23 of 46 area and is intended to permit industrial and manufacturing establishments of varving size. scale and tvpes; limited commercial and office/medical uses necessary for the vitalitv of the district fmay also be provided. (b) Permitted Uses shall be per the IN district. Sec. 54-2-5.6.(b). (c) Conditional Uses shall be per the IN district, Sec. 54-2-5.6.(c) with the following additional uses: Recvcling and materials recovery facilitv (d) All Heavv Industrial Uses shall be reviewed using the Conditional Use findings provided in Sec. 54-2-6.2 at time of site plan review and planning and zoning commission hearing. (e) Dimensional regulations: (1) Maximum FAR: 50%. (2) Maximum height: 35 feet: see also additional limitations per Section 54-2-7.12 Airport height limitations (3) Lot coverage: Maximum building coverage: 60%. Maximum impervious surface: 80%. Minimum open space: 20%. (4) Lot dimensions: Minimum lot size shall be 5 acres. Minimum width: 200 feet. (5) Minimum setbacks: Front yard: 50 feet. Side interior vard: 25 feet. Rear yard: 50 feet. No building or structure shall be located within 100 feet of a residential district. (f) Outdoor Storage, Secondary Containment. and Open Air Storage (1) All outdoor storage shall include secondary containment meeting minimum standards for open-air storage facilities and industry standards. (2) Screening and buffering to prevent anv adverse impacts on adiacent lands and residential areas shall be in conformance with standards established in section 54-3-14.16(c)f1). (3) All outdoor business, servicing, manufacturing or processing, including the storage or parking of vehicles or vehicles for recvcling or semi -trucks and trailers (for no longer than two business days) and shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district and shall be located at least 50 feet from a public or private right-of-wav and at least 100 feet from anv abutting residential use or residentially zoned district. COS 4 2022 24 of 46 (4) Anv outdoor storage shall not be located within 100 feet of the boundaries of the oroperty or within 200 feet of anv watercourse, waterbodv, or wetland. (5) In addition, outdoor storage is not permitted in anv required street (front) or side vards (No outdoor storage shall be allowed in street vards or otherwise forward of the front building line). (6) All outdoor storage shall be screened from view from the public right-of-way. public parking areas, or adjacent residential development by an opaque wall or fence a minimum of eight feet in height. (7) -All outdoor storage, secondary containment, or open air storage shall emplov pollution prevention best management practices (BMPs) to minimize the risk of stormwater exposure and the potential for pollutant transport to anv on -site stormwater management system, to the Municipal Separate Storm Sewer Svstem (MS4). or to surface waters of the state. An annual MS4 small site industrial generator report is required to be submitted to the state. The industrial site's National Pollutant Discharge and Elimination Svstem (NPDES) permit, as reauired and regulated by the Florida Department of Environmental Protection (FDEP), shall be established and maintained according to the requirements of FDEP. The site's most current FDEP approved post -development stormwater pollution prevention plan (SWPPP) or BMP Plan shall be submitted to the Citv Planning Department. (8) All outdoor storage, secondary containment, or open air storage shall emplov pollution prevention best management practices (BMPs) in accordance with industry standards for managing emission of noise, air pollutants, odor, vibration, fire, or explosive hazard and glare. Sec. 54-2-5.13. Industrial Planned Unit Development (PUD-1). (a) Intent. The objective of this zoning district is to establish regulatory standards for controlling the location of comprehensively planned industrial development located in areas removed from residential areas and accessible to arterial roadways. The PUD(I) is intended to incorporate a flexible management policy, which fosters innovative master planning in the design and development of large scale industrial areas. The PUD(I) District provides for industrial land uses and accessory sales and service activities and promotes high standards of land planning and site design. (b) Compliance with comprehensive plan and future land use map. All industrial PUD's must comply with the provisions of the Sebastian Comprehensive Plan. In addition to meeting the performance criteria set forth in this section, all land contained within an industrial PUD must have an "Industrial" comprehensive land use map designation. (c) Location and size. An Industrial PUD shall have frontage on a primary arterial roadway, as designated on the City of Sebastian Major Thoroughfare Plan. At the time a PUD(I) application is submitted and approved by the city the land included in the PUD(I) application shall have a minimum of 25 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). (d) Land use mix. The specific land use mix within a PUD(I) District development shall be determined by the underlying comprehensive plan future land use map designation. The location of the various land uses shall be determined during the review of the preliminary development plan required pursuant to section 54-4- 20.3. (e) Permitted uses. Permitted uses shall include those land use activities cited below which are determined to be consistent with the underlying comprehensive plan future land use map designation and shall be permitted by right within an approved PUD(I) development plan. COS 4 2022 25 of 46 (1) Uses as permitted in section 54-2-5.6 or 54-2-5.6A (#) Conditional uses. Conditional uses shall include those land use activities as defined in section 54-2-5.6 or 54-2-5.6A and are; (1) consistent with the comprehensive plan future land use map designation; and (2) comply with all requirements and conditional use criteria provided in this ordinance and in other applicable laws and ordinances. The planning and zoning commission shall determine if such conditions and provisions are satisfied. All conditional uses allowed within an industrial (IN) or heavy industrial (HI) zoning district may be permitted within the corresponding comprehensive plan land use map designation provided that all conditional use criteria of article VI are satisfied. (g) Perimeter transition area. All uses shall conform to the purposes of the Industrial Planned Unit Development District and shall be compatible with all uses, existing or proposed in the vicinity of the area covered by the proposed planned development. (1) Compatibility with adjacent residential property. No structure proposed for industrial use shall be constructed within 2-09 100 feet of that part of the perimeter property line adjacent to property zoned for residential development. (2) Compatibility with adjacent nonresidential property. In those cases where the perimeter line does not abut an existing residential development or residentially zoned land, the minimum setback shall be determined as part of the preliminary development plan review. No building shall be located within 40 feet of the outer boundary of the PUD district, excepting entryway security buildings and structures approved by the city council. (h) Size and dimension regulations. The intent of the PUD(I) is to offer greater flexibility in the design of innovative large scale development and to accommodate amenities generally not found in conventional development. The location, size, dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and all 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 such planned site improvements shall be governed by the following: (1) Minimum size and dimension of industrial site improvements. a. Minimum lot size. No individual minimum lot size shall be required within an Industrial Planned Unit Development. b. Floor area ratio(FAR). The FAR shall not exceed 50% and shall comply with Sec, 54-2-5.6(d) .and Sec. 54-2 5.7(e) provisions governing FAR in industrial districts. C. Frontage requirements. All land use activities within a PUD(I) shall have access to a public street. d. Setback and yard requirements. There are no required setbacks or yards within the Industrial Planned Unit Development except as otherwise provided for herein. e. Distance between buildings. There shall be a minimum of 20 feet separating buildings, excepting buildings with immediately adjoining or common walls. However, the minimum distance separating one building over 25 feet in height from an adjacent building shall be 20 feet plus one foot for each additional two feet in height above 25 feet. f. Height. The height of structures shall not exceed 35 feet. COS 4 2022 26 of 46 g. Open space. The development shall maintain no less than 25% percent open space. Higher standards may be required for conditional uses, which demonstrate consistency with standards for open space and green space for such uses within this Code. (2) General criteria for reviewing size and dimension standards. See section 54-4-20.1(4� for specific criteria to be applied in assessing density, intensity, and other size and dimension requirements for site specific development proposals. (i) Screening and buffer yard requirements. See article X44-XIV for specific criteria to be applied in assessing the required screening and buffer yard requirements. (j) Subdivision improvements and urban design amenities. In addition to the requirements of article XIX of this Code as well as open space systems and street furniture, subdivision improvements and urban design amenities shall reflect principles and practices of urban design, including streetscape amenities which promote a harmonious and aesthetic environment for pedestrians and other user groups within the proposed development. This requirement shall be enforced in order to implement the purpose and intent of the PUD(rvl) and section 54-4-20.16). Amendment 4: ARTICLE VI. CONDITIONAL USE CRITERIA Sec. 54-2-6.4. Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (36B) Recycling or materials recovery facilities, a. Applicable zoning districts. Recycling or materials recovery facilities shall be permitted as a conditional use within the following zoning districts: PF Hi. b. Conditional use criteria. Recycling or materials recovery facilities will be allowed provided the following conditions are met: I. A site plan meeting all the requirements of Article X and Article XVIII. including an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing, marketing, and turnover of stored/stockpiled material, and means of complying with applicable environmental regulations. 2. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. 3. All operations shall be conducted entirely within an enclosed building and no portion of the site may be used for outside storage greater than two business days. 4. Outside storage (no greater than two business days) may be approved by the planning and zoning commission if sufficient land area and secondary containment is provided together with screening and buffering to prevent any adverse impacts on adjacent lands and residential areas as noted in conditions 5, 6, and 7 below. Secondary containment must meet minimum standards for open-air storage facilities. COS 4 2022 27 of 46 5. No building shall be located closer than 5-0 -100 feet to any property line abutting a residential district. 6. There shall be a minimum lot size of twe 5 acres. 7. Screening: All side and rear yards between the recycling facility and adjacent properties having a non-commercial use or non-commercial land use designation shall be screened in accordance with the standards established in section 54-3-14.16(c)(1). Amendment 5: ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Recreational vehicle (RV). Any travel trailer, camper, boat, or trailer as defined herein. Additionally, any portable vehicular structure that is built on a chassis, which is designed as a temporary dwelling for travel and recreation, and which has a transportable body width not exceeding eight feet and a length not exceeding 40 feet. Recyclinq. Anv process, includine compostinje and mulchink, in which solid waste, or materials which would otherwise become solid waste, are collected, separated, processed and reused or returned to use in the form of raw materials or products. Recycling or materials recovery facilities. Operating facilities for separating and sorting recyclable materials from nonhazardous waste streams. Operations shall be conducted inside a building and temporarily (not greater than 48 hours) stored outside prior to delivery to a permanent site for reuse and or processing into new products. Sec. 54-5-22.3. Land use classifications. The purpose of these provisions is to classify uses into specially defined types on the basis of common functional characteristics and land use compatibility. These provisions apply throughout the zoning regulations. All land use activities are classified into the following activity types. This section shall not be considered an all-inclusive list of all permitted and/or conditional uses contained within the land development regulations. (d) Industrial activities. The following compatible land uses shall be considered industrial activities: (1) Warehousing, storage and wholesaling within enclosed buildings; also includes distribution (freight movement). (2) Mechanical repair and service, including but not limited to, machine shops and vehicular repair, service and maintenance. COS 4 2022 28 of 46 (3) Light manufacturing including skilled trades and services, light processing of woods, synthetics, and metal fabrication, assembly and distribution functions, electronics, fecon�;ch and devohpa-,,3nt, and similar uses. (4) Building materials supply and storage, and contractorerage trade units (with offices). (5) Accessory uses to those described above. (6) Outdoor&kie and Open air storage in accordance with Sec. 86-46 b . (71 Research and development. with or without manufacturine. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Cleric. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn COS 4 2022 29 of 46 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. CITY OF SEBASTIAN, FLORIDA ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK LIM JIM HILL, MAYOR Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY COS 4 2022 30 of 46 ORDINANCE NO.O-22-04 AMENDING CODE OF ORDINANCE SECTION 86-46 PROVIDING FOR DEFINITIONS; AMENDING CODE OF ORDINANCE SECTION 86-47 CLARIFYING UNLAWFUL DEPOSITS, EXCEPTION; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-4.2, FUTURE LAND USE MAP (FLUM) DESIGNATIONS AND ZONING DISTRICTS BY PROVIDING NEW LAND USES AND CLARIFYING ZONING DESIGNATIONS; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.6, INDUSTRIAL DISTRICT (IN) BY ADDING CRITERIA FOR NEW HEAVY INDUSTRIAL (HI) DISTRICT; ADDING LAND DEVELOPMENT CODE SECTION 54-2-5.6A, CRITERIA FOR HEAVY INDUSTRIAL (HI) ZONING DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.13, INDUSTRIAL PLANNED UNIT DEVELOPMENT (PUD-I) BY ADDING CRITERIA FOR HEAVY INDUSTRIAL (HI) DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2- 6.4, PROVIDING CRITERIA FOR CONDITIONAL USE; AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, ADDING DEFINITIONS; AMENDING SECTION 54-5-22.3 ADDING LAND USE CLASSIFICATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to new zoning districts relating to new land uses; and WHEREAS, the Local Planning Agency held a public hearing on March 3, 2022, and made a recommendation to City Council to approve Ordinance 0-22-04. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances and the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE III. JUNK Sec. 86-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: COS 4 2022 31 of 46 (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b) "Open-air storage" shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage. (c) "Recyclable materials" shall include waste materials that can be used to manufacture a new product or reuse of the material for a similar or original purpose or waste that can be converted into reusable material. Specifically prohibits "Junk" as defined in (a) except for the following: motor vehicles, trailers, household appliances, scrap metals, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, paper, or any other kind of common household items. Sec. 86-47. Unlawful deposits, exception. It shall be unlawful to deposit, store, or maintain, or to permit to be deposited, stored, or maintained junk as defined in section 86-46 of this Code, in open-air storage except as permitted in the applicable zoning districts. The temporary deposit of junk or recycling in a location authorized for waste collection is exempted from this section. Amendment 2: ARTICLE IV. LAND USE COMPATIBILITY Sec. 54-2-4.2. - Future land use map (FLUM) designations and zoning districts. Table 54-2-4.2 "Future Land Use Map (FLUM) Designations and Compatible Zoning Districts" references adopted FLUM designations contained in the land use element of the City of Sebastian Comprehensive Plan and identifies corresponding zoning districts which are hereby established in order to implement the FLUM designations, respectively. TABLE 54-2-4.2(1) FUTURE LAND USE MAP DESIGNATIONS AND COMPATIBLE ZONING DISTRICTS Comprehensive Plan Corresponding Compatible Zoning Districts Future Land Use Map Designation C I Conservation C: I Conservation COS 4 2022 32 of 46 VLD Very Low Density Residential RE-40: Residential Estate RS-20: Single -Family Residential RS-10: Single -Family Residential PUD-R: Residential Planned Unit Development LDR Low Density Residential RS-20: RS-10: Single -Family Residential PUD(R): Single -Family Residential Residential Planned Unit Development MDR Medium Density Residential MH Mobile Home Subdivisions C-512 Commercial CR-512 Corridor CL Limited Commercial CG General Commercial RMU Riverfront Mixed Use MU Mixed Use IN Industrial HI Heavy Industrial RM-8: Medium Density Multiple -Family Residential RM-10: Medium Density Multiple -Family Residential PUD(R): Residential Planned Unit Development R-MH: Mobile Home Subdivisions PUD-MH Mobile Home Planned Unit Development C-512: C-512 Commercial District CL: Commercial Limited PUD(C): Commercial Planned Unit Development CG: Commercial General PUD(C): Commercial Planned Unit Development MU: Mixed Use CR: Commercial Riverfront CWR: Commercial Waterfront Residential RM-8: Medium Density Multiple -Family Residential PUD(R): Residential Planned Unit Development PUD(C): Commercial Planned Unit Development MU: Mixed Use MU: Mixed Use CG: Commercial General PUD(C): Commercial Planned Unit Development RM-8: Medium Density Multiple -Family Residential RM-10: Medium Density Multiple -Family Residential PUD(R): Residential Planned Unit Development CL: Commercial Limited IN: Limited Industrial PUD(I): Industrial Planned Unit Development IN: Limited Industrial Al Airport and Industrial Facilities PUD(I): Industrial Planned Unit Development IN: Limited Industrial HI: Heavy Industrial PUD(I) Industrial Planned Unit Development COS 4 2022 33 of 46 INS Institutional PS: Public Service CON: Conservation NOTE:(1) Manufactured housing is permitted in all residential districts within the city if the units comply with the following standards: 1. City's adopted building code; 2. State mandated criteria governing construction in coastal areas; 3. State of Florida buildings standards of F.S. chapters 320 and 553; and 4. U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards of 1974 (i.e., F.S. § 320.823) The official zoning map may correct drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the code or any subsequent amendment thereto without duly noticed public hearings as provided herein. When any official zoning map is replaced, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption and amendment. Amendment 3: ARTICLE V. ZONING DISTRICT REGULATIONS Sec. 54-2-5.6. Industrial District (IN). (a) Intent. The intent of the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for limited industrial development on land designated IN on the future land use map. All development in the IN District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian within the IN district. Such activities are more appropriately located within the HI district (Sec 54-2-5.7) and PUD (1) district (Sec 54-2-5.13). (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive -through facilities Gasoline sales Crematory Commercial retail with <_ 5,000 sq. ft. Pharmacies Medical marijuana dispensaries Commercial amusements, enclosed Storage facilities Plant nurseries COS 4 2022 34 of 46 Restaurants with or without drive -through facilities Trades and skilled services, including marine -related Wholesale trades and services Farmer's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges, public and private Schools, public and private Educational institutions, marine related Administrative services, public and private Vehicular sales and related services Accessory watchman or custodian facilities Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to permitted uses (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum FAR: 50%. (2) Maximum height: 35 feet. COS 4 2022 35 of 46 No structure shall be erected within the approach zones of active runways on the Sebastian Municipal Airport at a height in excess of those permitted by the FAA or the city council. All structures shall comply with the City of Sebastian Airport Master Plan. (3) Lot coverage: Maximum building coverage: 50%. Maximum impervious surface: 80%. Minimum open space: 20%. (4) Lot dimensions: Minimum lot size: 15,000 square feet. Minimum width: 100 feet. Minimum depth: 125 feet. (5) Minimum setbacks: Front yard: 20 feet. Side interior yard: None. Rear yard: 10 feet. No building or structure in an IN District shall be located closer than 30 feet to a residential district. (6) Separation requirements: • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from any public school, charter school, private school, daycare or childcare facility. • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from any church, playground, public recreational facility or community center. • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from another pharmacy or medical marijuana treatment center, and only one such business shall be located any single shopping center. (e) Processing and storage within the Industrial District: In the Industrial District any use is permitted either indoors or outdoors, but in conformance with the applicable performance standards. In the Industrial District, all business, servicing, manufacturing or processing within 200 feet of a residential district boundary may be outdoors but shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district. The requirement shall not apply to airfields for the outside storage of aircraft. 54-2-5.6A Heavy Industrial (HI) (a) Intent. The Heavy Industrial (HI) district also serves as the City's heavy industrial development area and is intended to permit industrial and manufacturing establishments of varying size, scale and types; limited commercial and office/medical uses necessary for the vitality of the district may also be provided. (b) Permitted Uses shall be per the IN district, Sec. 54-2-5.6.(b). COS 4 2022 36 of 46 (c) Conditional Uses shall be per the IN district, Sec. 54-2-5.6.(c) with the following additional uses: Recycling and materials recovery facility (d) All Heavy Industrial Uses shall be reviewed using the Conditional Use findings provided in Sec. 54-2-6.2 at time of site plan review and planning and zoning commission hearing. (e) Dimensional regulations: (1) Maximum FAR: 50%. (2) Maximum height: 35 feet; see also additional limitations per Section 54-2-7.12 Airport height limitations (3) Lot coverage: Maximum building coverage: 60%. Maximum impervious surface: 80%. Minimum open space: 20%. (4) Lot dimensions: Minimum lot size shall be 5 acres Minimum width: 200 feet. (5) Minimum setbacks: Front yard: 50 feet. Side interior yard: 25 feet. Rear yard: 50 feet. No building or structure shall be located within 100 feet of a residential district. (f) Outdoor Storage, Secondary Containment, and Open Air Storage (1) All outdoor storage shall include secondary containment meeting minimum standards for open-air storage facilities and industry standards. (2) Screening and buffering to prevent any adverse impacts on adjacent lands and residential areas shall be in conformance with standards established in section 54-3-14.16(c)(1). (3) All outdoor business, servicing, manufacturing or processing, including the storage or parking of vehicles or vehicles for recycling or semi -trucks and trailers (for no longer than two business days) and shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district and shall be located at least 50 feet from a public or private right-of-way and at least 100 feet from any abutting residential use or residentially zoned district. (4) Any outdoor storage shall not be located within 100 feet of the boundaries of the property or within 200 feet of any watercourse, waterbody, or wetland. (5) In addition, outdoor storage is not permitted in any required street (front) or side yards (No outdoor storage shall be allowed in street yards or otherwise forward of the front building line). (6) All outdoor storage shall be screened from view from the public right-of-way, public parking areas, or adjacent residential development by an opaque wall or fence a minimum of eight feet in height. COS 4 2022 37 of 46 (7) All outdoor storage, secondary containment, or open air storage shall employ pollution prevention best management practices (BMPs) to minimize the risk of stormwater exposure and the potential for pollutant transport to any on -site stormwater management system, to the Municipal Separate Storm Sewer System (MS4), or to surface waters of the state. An annual MS4 small site industrial generator report is required to be submitted to the state. The industrial site's National Pollutant Discharge and Elimination System (NPDES) permit, as required and regulated by the Florida Department of Environmental Protection (FDEP), shall be established and maintained according to the requirements of FDEP. The site's most current FDEP approved post -development stormwater pollution prevention plan (SWPPP) or BMP Plan shall be submitted to the City Planning Department. (8) All outdoor storage, secondary containment, or open air storage shall employ pollution prevention best management practices (BMPs) in accordance with industry standards for managing emission of noise, air pollutants, odor, vibration, fire, or explosive hazard and glare. Sec. 54-2-5.13. Industrial Planned Unit Development (PUD-1). (a) Intent. The objective of this zoning district is to establish regulatory standards for controlling the location of comprehensively planned industrial development located in areas removed from residential areas and accessible to arterial roadways. The PUD(I) is intended to incorporate a flexible management policy, which fosters innovative master planning in the design and development of large scale industrial areas. The PUD(I) District provides for industrial land uses and accessory sales and service activities and promotes high standards of land planning and site design. (b) Compliance with comprehensive plan and future land use map. All industrial PUD's must comply with the provisions of the Sebastian Comprehensive Plan. In addition to meeting the performance criteria set forth in this section, all land contained within an industrial PUD must have an "Industrial" comprehensive land use map designation. (c) Location and size. An Industrial PUD shall have frontage on a primary arterial roadway, as designated on the City of Sebastian Major Thoroughfare Plan. At the time a PUD(I) application is submitted and approved by the city the land included in the PUD(I) application shall have a minimum of 25 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). (d) Land use mix. The specific land use mix within a PUD(I) District development shall be determined by the underlying comprehensive plan future land use map designation. The location of the various land uses shall be determined during the review of the preliminary development plan required pursuant to section 54-4- 20.3. (e) Permitted uses. Permitted uses shall include those land use activities cited below which are determined to be consistent with the underlying comprehensive plan future land use map designation and shall be permitted by right within an approved PUD(I) development plan. (1) Uses as permitted in section 54-2-5.6 or 54-2-5.6A. (f) Conditional uses. Conditional uses shall include those land use activities as defined in section 54-2-5.6 or 54-2-5.6A and are; (1) consistent with the comprehensive plan future land use map designation; and (2) comply with all requirements and conditional use criteria provided in this ordinance and in other applicable laws and ordinances. The planning and zoning commission shall determine if such conditions and provisions are satisfied. All conditional uses allowed within an industrial (IN) or heavy industrial (HI) zoning district may be permitted within the corresponding comprehensive plan land use map designation provided that all conditional use criteria of article VI are satisfied. COS 4 2022 38 of 46 (g) Perimeter transition area. All uses shall conform to the purposes of the Industrial Planned Unit Development District and shall be compatible with all uses, existing or proposed in the vicinity of the area covered by the proposed planned development. (1) Compatibility with adjacent residential property. No structure proposed for industrial use shall be constructed within 100 feet of that part of the perimeter property line adjacent to property zoned for residential development. (2) Compatibility with adjacent nonresidential property. In those cases where the perimeter line does not abut an existing residential development or residentially zoned land, the minimum setback shall be determined as part of the preliminary development plan review. No building shall be located within 40 feet of the outer boundary of the PUD district, excepting entryway security buildings and structures approved by the city council. (h) Size and dimension regulations. The intent of the PUD(I) is to offer greater flexibility in the design of innovative large scale development and to accommodate amenities generally not found in conventional development. The location, size, dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and all 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 such planned site improvements shall be governed by the following: (1) Minimum size and dimension of industrial site improvements. a. Minimum lot size. No individual minimum lot size shall be required within an Industrial Planned Unit Development. b. Floor area ratio(FAR). The FAR shall not exceed 50% and shall comply with Sec. 54-2-5.6(d) and Sec. 54-2-5.7(e) provisions governing FAR in industrial districts. C. Frontage requirements. All land use activities within a PUD(I) shall have access to a public street. d. Setback and yard requirements. There are no required setbacks or yards within the Industrial Planned Unit Development except as otherwise provided for herein. e. Distance between buildings. There shall be a minimum of 20 feet separating buildings, excepting buildings with immediately adjoining or common walls. However, the minimum distance separating one building over 25 feet in height from an adjacent building shall be 20 feet plus one foot for each additional two feet in height above 25 feet. f. Height. The height of structures shall not exceed 35 feet. g. Open space. The development shall maintain no less than 25% percent open space. Higher standards may be required for conditional uses, which demonstrate consistency with standards for open space and green space for such uses within this Code. (2) General criteria for reviewing size and dimension standards. See section 54-4-20.1 for specific criteria to be applied in assessing density, intensity, and other size and dimension requirements for site specific development proposals. COS 4 2022 39 of 46 (i) Screening and buffer yard requirements. See article XIV for specific criteria to be applied in assessing the required screening and buffer yard requirements. (j) Subdivision improvements and urban design amenities. In addition to the requirements of article XIX of this Code as well as open space systems and street furniture, subdivision improvements and urban design amenities shall reflect principles and practices of urban design, including streetscape amenities which promote a harmonious and aesthetic environment for pedestrians and other user groups within the proposed development. This requirement shall be enforced in order to implement the purpose and intent of the PUD(I) and section 54-4-20.1. Amendment 4: ARTICLE VI. CONDITIONAL USE CRITERIA Sec. 54-2-6.4. Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (366) Recycling or materials recovery facilities: a. Applicable zoning districts. Recycling or materials recovery facilities shall be permitted as a conditional use within the following zoning districts: HI. b. Conditional use criteria. Recycling or materials recovery facilities will be allowed provided the following conditions are met: 1. A site plan meeting all the requirements of Article X and Article XVIII. including an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing, marketing, and turnover of stored/stockpiled material, and means of complying with applicable environmental regulations. 2. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. 3. All operations shall be conducted entirely within an enclosed building and no portion of the site may be used for outside storage greater than two business days. 4. Outside storage (no greater than two business days) may be approved by the planning and zoning commission if sufficient land area and secondary containment is provided together with screening and buffering to prevent any adverse impacts on adjacent lands and residential areas as noted in conditions 5, 6, and 7 below. Secondary containment must meet minimum standards for open-air storage facilities. 5. No building shall be located closer than 100 feet to any property line abutting a residential district. 6. There shall be a minimum lot size of 5 acres. 7. Screening: All side and rear yards between the recycling facility and adjacent properties having a non-commercial use or non-commercial land use designation shall be screened in accordance with the standards established in section 54-3-14.16(c)(1). COS 4 2022 40 of 46 Amendment 5: ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Recreational vehicle (RV). Any travel trailer, camper, boat, or trailer as defined herein. Additionally, any portable vehicular structure that is built on a chassis, which is designed as a temporary dwelling for travel and recreation, and which has a transportable body width not exceeding eight feet and a length not exceeding 40 feet. Recycling. Any process, including composting and mulching, in which solid waste, or materials which would otherwise become solid waste, are collected, separated, processed and reused or returned to use in the form of raw materials or products. Recycling or materials recovery facilities. Operating facilities for separating and sorting recyclable materials from nonhazardous waste streams. Operations shall be conducted inside a building and temporarily (not greater than 48 hours) stored outside prior to delivery to a permanent site for reuse and or processing into new products. Sec. 54-5-22.3. Land use classifications. The purpose of these provisions is to classify uses into specially defined types on the basis of common functional characteristics and land use compatibility. These provisions apply throughout the zoning regulations. All land use activities are classified into the following activity types. This section shall not be considered an all-inclusive list of all permitted and/or conditional uses contained within the land development regulations. (d) Industrial activities. The following compatible land uses shall be considered industrial activities: (1) Warehousing, storage and wholesaling within enclosed buildings; also includes distribution (freight movement). (2) Mechanical repair and service, including but not limited to, machine shops and vehicular repair, service and maintenance. (3) Light manufacturing including skilled trades and services, light processing of woods, synthetics, and metal fabrication, assembly and distribution functions, electronics, , and similar uses. (4) Building materials supply and storage, and contractor trade units (with offices). (5) Accessory uses to those described above. (6) Outdoor and open air storage in accordance with Sec. 86-46(b). (7) Research and development, with or without manufacturing. COS 4 2022 41 of 46 Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. CITY OF SEBASTIAN, FLORIDA ATTEST: JIM HILL, MAYOR COS 4 2022 42 of 46 JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY COS 4 2022 43 of 46 LTN OF SEBAST_V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinp- Date: May 11, 2022 Agenda Item Title: Establishment of the Centennial Task Force to Plan the City's Centennial Celebration Background: in accordance with Code Section 2-166, staff requests to establish a Centennial Task Force to begin planning the City's Centennial Celebration. As the Task Force meets it will provide residents, business and civic organizations an opportunity to share their ideas on how to celebrate Sebastian's birthday. As plans begin to harden this fall, a line item appropriation will be requested to assist with the year- long events. Recommendation Attachments: Administrative Services City Attorney Review: City Manager Authorization: Date: rk4 "), At Council's discretion, move to adopt Resolution No. R-22-02. R-22-02 Z� 44 of 46 RESOLUTION NO. R-22-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A CITY OF SEBASTIAN CENTENNIAL TASK FORCE; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR DISSOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian is a municipal corporation of the State of Florida with such power and authority as has been conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the City of Sebastian was incorporated as a City on December 8, 1924 and will celebrate its 100'h anniversary in 2024; and WHEREAS, City Council intends to create a Centennial Task Force to help develop, support and implement the City's plan to commemorate the City's Centennial; and WHEREAS, the task force shall work to promote, support and encourage participation in Centennial activities and events that will showcase Sebastian's rich historic past, inspire appreciation for growth and development and promote a sustainable future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. Establishment of the City of Sebastian Centennial Task Force. There is hereby established a temporary "City of Sebastian Centennial Task Force" in accordance with Section 2-166 of the Code of Ordinances. The Task Force shall consist of the City Manager, City Clerk, Leisure Services Director, and Records Specialist. SECTION 2. Responsibilities. The Centennial Task Force shall meet to consider the recommendations of key residents, business and civic organizations who wish to propose and contribute celebration ideas, activities and events. The City Manager will be authorized to expend funds in accordance with City policies. The meetings shall be governed by the Sunshine Law, including advertised notice and minutes. The Task Force shall provide the opportunity for public comment at all meetings. Bi-monthly reports of the planning, coordinating, budgeting, marketing, and sponsorship shall. be provided to City Council. SECTION 3. Dissolution. The Centennial Task Force shall terminate December 2024. SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 1 45 of 46 SECTION 5. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee without the need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Chris Nunn Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this day of 2022. ATTEST: Jeanette Williams, MMC City Clerk K CITY OF SEBASTIAN, FLORIDA Jim Hill, Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Manny Anon, Jr., City Attorney 46 of 46