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HomeMy WebLinkAbout04-03-2025 PZ AgendaC1W OF SfoAsT'`AN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY Thursday, April 3, 2025 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of February 6, 2025 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS • Chairman opens hearing,• • Attorney reads ordinance or resolution or title, if any; • Staff presentation; • Public Input; • Commissioners closes hearing; • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing — Recommendation to City Council — Land Development Code Amendments — TO MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0-25-08 WHICH PROPOSES TO AMEND LAND DEVELOPMENT CODE ARTICLE V ZONING DISTRICT REGULATIONS TO INCORPORATE A NEW ZONING DISTRICT KNOW AS MIXED -USE ZONING DISTRICT. B. Public Hearing — Recommendation to City Council — Land Development Code Amendments — TO MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0-25-10 WHICH PROPOSES TO AMEND LAND DEVELOPMENT CODE ARTICLE VII GENERAL REGULATIONS RELATING TO HOME OCCUPATIONAL LICENSES BY AMENDING LANGUAGE RELATING TO HOME BASED BUSINESSES. 7. PLANNING AND ZONING (P&Z) COMMISSION QUASI-JUDICIAL HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staffprovided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action 8. UNFINISHED BUSINESS: None 9. NEW BUSINESS: None 10. ADJOURN 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 Commission with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceeding 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 Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — wwwxc r ;;. _ unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION If you wish to attend the meeting by Zoom, please follow the link below to the City's Meeting Calendar, and locate the applicable meeting date. The Zoom connection details are provided. https://www.cityofsebastian.orp,/meetinp, alendar 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES FEBRUARY 6, 2025 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. II. Pledqe of Alleqiance -- was recited by all. III. Roll Call Present: Ms. Matthews Ms. Lorusso Ms. Kautenburg Mr. Reno (alternate) Mr. Carter Ms. Battles Absent C 0)c Ms. Kinchen -- Excused n0 m Ms. Geesey -- Excused ® I Mr. Roberts (alternate) -- Unexcused — E H Also Present Jennifer Cockcroft, City Attorney_;i3 0 .a Alix Bernard, Community Development Director Manager *- Dorri Bosworth, Community Development Michelle Faulkner, Senior Planner 0 019 Joseph Perez, AV Technical Assistant Q a Janet Graham, Technical Writer CON < IV. Announcements and Aqenda Modifications: Ms. Kautenburg announced that Commissioners Cindy Geesey and Linda Kinchen are both excused from tonight's meeting, and alternate member Terry Reno will be voting. V. Approval of Minutes All commissioners having indicated that they have reviewed the Minutes of January 16, 2025, Ms. Kautenburg called for a motion. A motion accepting the Minutes of January 16, 2025 as presented was made by Mr. Carter, seconded by Ms. Matthews, and approved unanimously via voice vote. VI. Local Planninq Aqencv (LPA) Public Hearings tr. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING FEBRUARY 6 2025 A. Public Hearing -- Recommendation to City Council -- Land Development Code Amendments -- Ordinance 0-25-06 -- Amending Article XXII, Language and Definitions, by establishing a definition for Accessory Dwelling Units; and Amending Article VII, General Regulations, by establishing new regulations for Accessory Dwelling Units and updating regulations for Accessory Structures relating to Accessory Dwelling Units; and Amending Article VI, Conditional Use Criteria by deleting the specific criteria for Guest Houses; and Amending Article V, Zoning District Regulations, by deleting Guest Houses as Conditional Uses from the RS-20 & RE-40 Zoning Districts. Ms. Cockcroft read the item into the record as follows: This is a recommendation for a textual amendment to the City's Code of Ordinances entitled Ordinance 0-25-06, an ordinance of the City of Sebastian, Florida, amending the Land Development Code of the City of Sebastian by adding Section 54-2-7.23 to establish new standards for Accessory Dwelling Units, amending Section 54-5-22.2 by establishing a definition for Accessory Dwelling Units, amending Section 54-2-7.5 to update regulations regarding Accessory Structures pertaining to Accessory Dwelling Units, amending Section 54-2-6.4 by deleting conditional use criteria for Guest Houses, amending Sections 54-2-52.1 and 54-2-5.22 by deleting Guest Houses as conditional uses from the RE-40 and RS-20 zoning districts, providing for severability, codification, scriveners' errors, and ineffective dates. Ms. Bosworth stated this was an outside application requesting the textual amendment. The applicants are here and, if the commissioners would like, they can explain what generated this application for them before the Commission. Jim Adams with Renovations Plus of Indian River County identified himself and stated the reason for application is because they have had a number of members of this community who have run into some issues with affordable housing, having a place for aging parents to live that is affordable, some multigenerational people living with younger children who are special needs that are high functioning. Thus, his company felt like they had a number of customers asking them if a second dwelling is something his company could do for them. After having several conversations, his firm felt that this would be a great opportunity to request an amendment and to see if it is something that the City would approve so they could help folks in the community with those needs. He stated he would be happy to answer any questions. Ms. Kautenburg said that would happen later in the hearing. Ms. Bosworth explained the history of this particular request. She went through each section of the Ordinance, and the Commissioners asked questions at that time. She explained how this proposed amendment was developed. She then stated that the PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING FEBRUARY 6, 2025 following criteria shall be considered by the commissioners in their review of the proposed amendment: A. Consistency with Plan. Whether the proposal is consistent with the comprehensive plan. The commission shall identify and inconsistencies. B. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances. C. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. D. Land use compatibility. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. E. Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. F. Natural environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. G. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. H. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. I. Public interest; enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of this ordinance and its enabling legislation. J. Other matters. Other matters which the Planning and Zoning Commission may deem appropriate. PLANNING AND AGENCY/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING FEBRUARY 6, 2025 There were several questions by the commissioners concerning the criteria that Ms. Bosworth explained as follows: Ms. Lorusso asked questions regarding garages. She also asked questions regarding in-law apartments. Mr. Brad Reardin, co-owner of Renovations Plus, addressed these questions. She also asked regarding houses that have requirements for septic and houses on canals. Ms. Bosworth said it will depend on the following: if you are in a flood zone; they must get their Health Department permit if they have to adjust their existing system or add a new one in; there is also a requirement that you have to be a certain elevation above the crown of the road. Ms. Battles asked questions regarding the size of the Accessory Dwelling Units. She also asked regarding restrictions on the number of Accessory Dwelling Units. Ms. Bosworth addressed this question and said, if that is not in this section of the ordinance, she will see that it is added (number of ADU's) and that the proposed size could not be more than 50% of the house size. Ms. Battles also suggested that the Accessory Dwelling Unit should be behind the front face of the primary residence. Ms. Bosworth said yes, that is correct, and that is already included in the proposed design of the Accessory Dwelling Units. Ms. Kautenburg asked regarding Amendment 2, Section 54-2-7.23, Number 3, as well as the section which addresses no short-term rentals. Ms. Bosworth added that the owner of the primary structure did not have to live on site, either in the accessory dwelling unit or in the primary structure, and she explained in detail the decision regarding that situation. Ms. Kautenburg also had some concerns regarding enforcement which Ms. Bosworth addressed. Ms. Cockcroft also addressed this concern. Ms. Kautenburg asked regarding one or more addressees at the same address, which Ms. Bosworth addressed. Ms. Kautenburg asked if one of the existing garages could be turned into the accessory dwelling unit of an existing home. Ms. Bosworth said yes, as long as the site met its requirement for a one -car garage or carport. Mr. Carter asked if accessory dwelling units can be a conditional use. Ms. Bosworth said only in two zoning districts which are RE-40, which are acre lots, and there is only one subdivision like that, and RS-20 on a 30,000 square foot lot they can allow guest houses as conditional uses. Mr. Carter asked if there can be a variance as well. Ms. Bosworth said there can probably be a special exception, but currently accessory dwelling units are not allowed except for those two zoning districts. In answering another question from Mr. Carter, Ms. Bosworth stated that the state definition is that short-term, transient rentals, is 30 days or less. She added that the City has always looked at a long-term rental as either a 6-month or a 9-month lease. The City does not want these units to be turned into AirBNBs. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING FEBRUARY 6, 2025 Katherine Rondeau (member of the audience) spoke against this plan and gave the reasons why. Ms. Bosworth explained that she had used several templates and criteria taken from other entities such as the American Plan ning.Association, AARP, and also looked at Sebastian subdivisions. She stated that staff recommends approval and moving this on to City Council. Any changes or discussions that the commission has will be added to the proposed ordinance that is taken to City Council, such as number allowed, commercial use, and vacation rentals. Ms. Cockcroft stated that what the commissioners are seeing tonight is not going to be the end product. Regarding the changes with respect to the short-term rentals, she has to make sure that this complies legally, and so the commissioners can expect some changes to the prohibition section. She said there needs to be care taken to make sure that people's property rights are not restricted with respect to telling them whether or not they can rent it or not. That is generally the provision of a deed restriction or things of that nature. She added that we can get into restricting situations if it is a multi -family situation in certain zoning districts. That is going to have to be explored a little further to make sure that we are in compliance legally. Mr. Carter felt that he does not see why the commissioners have to make a recommendation based on what has been presented here if there are going to be changes. Ms. Cockcroft said that so far, the only changes are with respect to Section B, Prohibition. Ms. Battles suggested the commissioners should go through letters A through J in the first draft. She stated it is her opinion that this is much needed for the community to help combat the housing issues the City has. She is in support of this proposal. She would add a limit to one per lot. Ms. Bosworth said that language will be included. Katherine Rondeau spoke again. She said she moved to Sebastian because she thinks it is the most beautiful town from Maine to Miami, and we have a treasure here. She opined that if people think that putting a little added unit on someone's property is going to add value to that property for your neighborhood, and you do not know who is in there, because it is not particularly relatives; it is for whomever needs temporary help from their housing, this has gone from a unit advertised to help a family member to now we are helping people who cannot afford something, people need a little assistance in getting rental property, she said she cannot imagine anyone's property value increasing with these small units being permitted. Ms. Bosworth stated that there are still a lot of other zoning district regulations that will have to be met, and 30% coverage is going to be important on what size, if you even can PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING FEBRUARY 6, 2025 have the additional structure. She opined that there are not going to be a lot of these popping up in the City unless you have a double lot. Mr. Adams, one of the applicants, stated that this is already happening without proper code, so there is a safety issue with that. People are doing it inside their garages without getting permits, having a handyman to come in and do these dwellings. Mr. Reardin, one of the applicants, stated that he understands people's concerns, and his company has spoken to dozens of folks throughout the area, and he has yet to have one person wanting to do it for the purpose of rental. He understands that some people do need it to help their income because the cost of living has gotten so outrageous. There was some closing discussion among the commissioners prior to Ms. Kautenburg calling for a motion. A motion to recommend to City Council approval of the Land Development Code Amendment, Ordinance 25-06 with the following modifications: one being to limit to one accessory dwelling unit per lot; the second to amend the restrictions being in line with statutes, and the third being that the commissioners find it meets the criteria A through J from the Land Development Code required for a text amendment. This motion was made by Ms. Battles and seconded by Ms. Lorusso. Roll Call Ms. Battles -- Yes Mr. Reno (alternate) -- Yes Ms. Kautenburg -- Yes Ms. Lorusso -- Yes Ms. Matthews -- Yes Mr. Carter -- No Vote was 5 yes and 1 no. Motion Passes VII. Planninq and Zoninq Commission Quasi -Judicial Hearinqs: -- None Vill. Unfinished Business -- None IX. New Business -- None X. Adjourn There being no further business, Ms. Kautenburg adjourned the meeting at 7:15 p.m. a CITY OF Sfj3ASTj,&?j HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Proposed Land Development Code Amendment to Article V — Zoning District Regulations, to incorporate a new Section 54-2-5.16 — Mixed Use Zoning DATE: April 3, 2025 In June of 2021 the City adopted the 2040 Comprehensive Plan. In the adopted Land Use Element of the Comprehensive Plan, Policy 1-1.3.6 incorporates a Mixed -Use future land use classification. This Policy states design and development standards be incorporated into the Land Development Code. The proposed new zoning classification will include the parameters established in Comp Plan policy 1-1.3.6. In addition, the new zoning classification will allow for a zoning that is in alignment with the existing future land use classification of Mixed -Use. The proposed mixed -use zoning classification is looked at according to three different acreage sizes. The first being Neighborhood Mixed Use with the required acreage of 5 to 50 acres, the idea being that this will be more for infill development. The second being Community Mixed Use 50 to 100 contiguous acres. The third being Regional Mixed Use which will have anything over 100 contiguous acres in size. A first reading of the Ordinance has been tentatively scheduled for City Council on April 23, 2025. Alix Bernard, Director Community Development Department Sec. 54-2-5.16 Mixed -Use Zoning District The City of Sebastian recognizes the importance of compact, urban forms of development centered on a mix of uses, residential and nonresidential, with specific design and development related standards. The City's adopted comprehensive plan identifies recommended "mixed -use" neighborhoods, each with its own representative and unique standards. The provisions established within this section of the Code shall apply to all parcels designated on the zoning map as a mixed -use district. Applicability. For the purpose of this section, nonresidential standards shall also include (apply to) multifamily developments. To ensure a mix of uses are developed, no more than 50 percent of the approved residential units may be constructed until at least 50 percent of the non-residential square footage is permitted through issuance of a building permit. A. Neighborhood Mixed -Use District (N-MU) Standards Table. 1) Intent: The Mixed -Use District (MU) is intended to serve as the City's traditional town center that features areas of economic, entertainment and community activities that encourage pedestrian accessibility and activity. The district is intended to create a vibrant, active town center that features a mix of uses, residential and nonresidential while requiring specific design and development related standards. Table 54-2-5.16.A. N-MU District Development Standards N-MU District Development Standards Building Height Maximum 35' 10 Units/Acre) Density 12 Units/Acre Maximum (See Section 54-2-5.16.G with Incentives) Building (Front/Street 01/6' Placement Side 1 5'/25' (min/max) Rear Z 25'/140' Length (min) NA Lot f Width (min) NA (Coverage (min/max) 50% / 75% Perimeter Where Adjacent to Residential Zoning: 50' / .5 Buffer Width/Opacity Buffer Where adjacent to all other Zoning: 25' / .25 Active Use Areas (see Permitted, but active use area shall not be physically Frontage also Open Space) adjacent to residentially zoned property. Entrances Oriented to Street(s) Placement Off -Street (front and side limited; parking in rear preferred). Shared Parking (joint Permitted; parking ratios in Sec 54-3-15.2 may be Parking Use) reduced by 25 percent. Permitted; may not be located along arterial or Accessory Parking collector roadways except where designed to mimic Structure the architectural designs and features of the project's buildings. Incentives Permitted Yes (See Section 54-2-5.16.G) Open Space Required (See Section 54-2-5.16.H: Open Space) Architectural Standards See Design Standards Minimum 40% transparency for ground floor; 30% transparency for upper stories of a building. Notes: 144' may be permitted to accommodate those lots without access to an alley or shared driveway in order to accommodate a driveway and one row of parking where rear serving parking or loading is provided. 2 Except where served by rear parking; may be increased to 250'. 2) Compliance with the comprehensive plan and future land use map: The, established district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1--1.3.6. 3) Location and Size: The location.:and size vary on the -use being developed. Residential uses shall have a minimum of 5 to 50 contiguous acres under a common ownership or lawfully documented control. Commercial and industrial uses shall have frontage or documented legal access on a primary arterial roadway, as designated on the City of Sebastian Major Thoroughfare Plan. At the time a commercial or industrial application 'is.submitted and approved by the city the land included in the application shall have a minimum of 5 to 50 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1jb). Industrial uses shall meet the perimeter transition area provisions. The City may require additional buffer width, depending on placement and adjacent land uses. 4) Uses Permitted. The list of uses permitted goes as follows: a,: Residential. Residential uses that may be permitted in this District include: I. Single -Family Dwellings ii. Duplex Dwellings iii. Multifamily Dwellings iv. Foster Care/Group Homes with 6 or less residents V. Home occupations vi: Townhouse Development vii. Accessory Residential Uses. b. Commercial. Commercial uses that maybe permitted in this district include: i. Business and Professional Offices, excluding Drive -Through Facilities ii. Cultural or Civic Facilities iii. Medical Services iv. Commercial Retail 5,000 sq. ft. or less v. Pharmacies vi. Medical Marijuana Dispensaries vii. Parking Garages viii. Churches; Administrative Services ix. Public and Private Plant Nurseries x. Commercial Amusements, enclosed xi. Restaurants xii. Trade and Skilled Services c. Industrial. Light Industrial uses that may be permitted in this district include: i. Building Materials, enclosed ii. Commercial amusements, enclosed. iii. Commercial wireless telecommunication facilities iv. Contractor Trades v. Equipment sales enclosed. vi. Farmer's market vii. Fish markets and packing facilities viii. Industrial activities ix. Laboratories, research and development, and similar uses <_ 5,000 sq. ft. x. Marine Supply and Service xi. Parking garages. xii. Plant nurseries. xiii. Sewage Treatment Plant xiv. Trades and skilled services. xv. Utilities, public and private. xvi. Vehicular sales enclosed. xvii. Warehousing, endlosed xviii. Welding and Machine Shops xix. Wet/dry storage of boats 5) Conditional Uses Permitted. Conditional uses ,shall include those land use activities cited below which are: (1) consistent with the comprehensive plan future land use map designation; and (2) comply with all criteria and procedures of .article VI, Conditional Uses, and all other applicable laws and ordinances. The planning and zoning -commission shall determine if such conditions and Provisions :are satisfied. Appeal of such decisions shall be heard by the city council. The list of uses conditionally permitted goes as follows: a. Residential. Residential uses which may be conditionally permitted in this district are limited t9 those listed below: a. Foster Care:/;Group Homes with 6 or more Residents b. Child Care Services c. Cultural o:r Civic Facilities d. Schools:, Public or Private e. Golf .Courses and Support Facilities f. Bed and Breakfast g. Nursing Homes h. Churches L Utilities, Public and Private j. Parks and Recreation, Public k. Protective and Emergency Services, Public I. Model Homes m. Accessory Uses to Conditional Uses. b. Commercial. In addition to the residential uses conditionally permitted, additional commercial uses which may be conditionally permitted in this district are limited to those listed below: a. Commercial Retail over 5,000 sq. ft. b. Gasoline Sales, Retail c. Businesses and Professional Offices with drive -through facilities d. Qualified Affordable Housing e. Restaurants, excluding Drive -Through Facilities f. Veterinary Services g. Funeral Homes h. Accessory Uses to Conditional Uses. c. Industrial. a. Commercial amusements, unenclosed. b. Flea markets. c. Building Materials, unenclosed d. Equipment Sales, unenclosed B. Community (C-MU) Mixed -Use District 1) Intent: The Community Mixed -Use District (C-MU),allows for mixed -use developments featuring a mixture of residential and non-residential uses.' C-MU's are intended to be larger in scale than other MU districts and focused on new development and the creation of new town centers in an integrated, master planned approach. Table 54-2-5.16.B. CC District Development Standards C-MU District Development Standards Building Height Maximum 35' 10 Units/Acre (By Right) Density 12 Units/Acre Maximum (See Section 54-2-5.16.G for Incentives) Building Front/Street 15'/75' Placement Side 5'/50' (min/max) Rear 1 25'/200' Length (min) NA Lot Width (min) NA Coverage (min/max) 40% / 75% Perimeter Where Adjacent to Residential Zoning: 50' / .5 Buffer Width/Opacity Buffer Where adjacent to all other Zoning: 25' / .25 Active Use Areas (see Permitted, but active use area shall not be physically Frontage also Open Space) adjacent to residentially zoned property. Entrances Oriented to Street(s) Off -Street (front and side permitted; parking in rear Placement preferred). Shared Parking (Joint Permitted; parking ratios in Sec 54-3-15.2 may be Use) reduced by 25 percent. Parking Permitted; may not be located along arterial or Accessory collector roadways except where designed to mimic Parking Structure the architectural designs and features of the project's buildings. Incentives Permitted Yes (See Section 54-2-5.16.G) Open Space Required (See Section 54-2-5.16.H: Open Space) Architectural Standards See Design Standards Minimum 40% transparency for ground floor; 30% transparency for upper stories of a building. Notes: 1 Except where served by rear parking; may be increased to 300'. 2) Compliance with the comprehensive plan and future land use map: The established sub -district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1-1.3.6. 3) Location and Size: The location and size vary on the use being developed. Residential uses shall have a minimum of 50 to 100 contiguous acres under a common ownership or otherwise lawfully designated control. Commercial and industrial uses shall have frontage or legal access to frontage on a primary arterial roadway. At the time a commercial or industrial application is submitted and approved by the city the land, included in the application shall have a minimum of 50 to 100 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). Industrial uses shall meet the perim"etertransition area provisions. The City may require additional buffer width, depending on placement and adjacent land uses. 4) Uses Permitted. The list of uses permitted goes as follows: d. Residential. Residential uses that may be permitted in the CC Mixed Use District include: L Single -Family Dwellings ii. Duplex Dwellings iii. Multifamily Dwellings iv. Foster Care/Group Homes with 6 or less residents v. Home occupations; Townhouse Development vi. Accessory Residential Uses. e. Commercial. Commercial uses that may be permitted in this district include: i. Business and Professional Offices, Cultural or Civic Facilities ii. Medical Services iii. Commercial Retail 5,000 sq. ft. or less iv. Pharmacies v. Medical marijuana Dispensaries vi. Parking Garages vii. Churches viii. Administrative Services, Public and Private ix. Plant Nurseries x. Commercial Amusements, enclosed A. Restaurants xii. Trade and Skilled Services f. Industrial. Industrial uses that may be permitted in this district include: i. Bottling plants, dairy products plants, wholesale bakeries, fruit packing and similar uses ii. Building Materials, unenclosed iii. Commercial amusements, enclosed iv. Commercial wireless telecommunication facilities v. Contractor Trades vi. Farmer's market vii. Fish markets and packing facilities viii. Gasoline and Fuel Stations ix. Industrial activities x. Laboratory, Research and development facilities, enclosed xi. Light Manufacturing, processing and assembly xii. Marine power sales and service xiii. Mini -storage facilities xiv. Parking garages xv. Parking lots without building on the lot xvi. Plant nurseries xvii. Sewage Treatment Plant xviii. Storage facilities xix. Trade and skilled services, including marine -related xx. Utilities, public and private. xxi. Vehicular sales and related services xxii. Vehicular services and.. maintenance xxiii. Warehousing; enclosed xxiv. Welding and ,Machine Shop xxv. Wet/dry storage of boats xxvi. Wholesale:tra.de and services 5) Conditional Uses Permitted. -Conditional, uses shall include those land use activities cited below which are: (1) consistent with the comprehensive plan future land use map designation; and (2) comply with all criteria and procedures of article VI, Conditional Uses, and all other applicable laws and ordinances. The planning�and zoning commission shall determine if such conditions and provisions are satisfied. Appeal of such decisions shall be heard by the city council. The list of uses conditionally permitted goes as follows: d. Residential. Residential uses that may be conditionally permitted in this district includes: i. Foster Care/ Group Homes with 6 or more Residents ii. Child Care Services; Cultural or Civic Facilities iii. Schools, Public or Private iv. Golf Courses and Support Facilities V. Bed and Breakfast vi. Nursing Homes vii. Churches viii. Utilities, Public and Private ix. Parks and Recreation, Public X. Protective and Emergency Services, Public xi. Model Homes xii. Accessory Uses to Conditional Uses. e. Commercial a. Commercial Retail that is over 5,000 sq. ft b. Gasoline Sales, Retail c. Businesses and Professional Offices with drive -through facilities d. Qualified Affordable Housing e. Restaurants f. Veterinary Services g. Funeral Homes h. Accessory Uses to Conditional Uses. f. Industrial Uses a. Crematory b. Equipment Sales, unenclosed c. Commercial amusements, unenclosed. d. Flea Market e. Protective and emergency services, public A. Regional Mixed -Use District 1. Intent. The Regional Mixed -Use is intended to permit intense concentrations of retail, employment, and high -density residential uses through a mixed -use development which would allow for increased densities using mixed -use zoning district incentives and regulate development per the standards defined in the table below. Table 54-2-5.16.C. R-MU District Development Standards R-MU District Development Standards Building Height Density Building Placement (min/max) (Front/Street (Side Rear 1 Length (min) Lot (Width (min) (Coverage (max) Perimeter Buffer Width/Opacity Buffer Maximum 35' 8 Units/Acre (By Right) 12 Units/Acre Maximum (See Section 54-2-5.16.G for incentives) 15'/50' 5' min 10' min 100, 25' 75% Where Adjacent to Residential Zoning: 50' / .5 Where adjacent to all other Zoning: 25' / .25 Frontage Active Use Areas (see Permitted, but active use area shall not be physically also Open Space) adjacent to residentially zoned property. (Entrances Oriented to Street(s) (Placement Off -Street Parking Shared Parking (Joint Permitted; parking ratios in Sec 54-3-15.2 Use) Incentives Permitted Yes (See Section 54-2-5.16.G) Open Space Required (See Section 54-2-5.16.H: Open Space) 1) Compliance with the comprehensive plan and future land use map: The established district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1-1.3.6. 2) Location and Size: The location and size vary on the use being developed. Residential uses shall have a minimum of 100 contiguous acres under a common ownership or control. Commercial and industrial uses shall have frontage on a primary arterial roadway currently or as may be required. At the time a commercial or industrial application is submitted and approved by the city the land included in the application shall have a minimum of 100 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). Industrial uses shall meet the perimeter transition area provisions. The city may require additional buffer width, depending on placement and adjacent land uses. 3) Uses Permitted. The list of uses permitted goes as follows: a. Residential. Residential uses that may be permitted in the R-MX District include: a) Single -Family Dwellings; b) Duplex Dwellings; c) Multifamily Dwellings; d) Foster Care/Group Homes with 6 or less residents; e) Home occupations; f) Townhouse Development; and g) Accessory Residential Uses. b. Commercial. Commercial uses that may be permitted in this district include: a) Business and Professional Offices; b) Cultural or Civic Facilities; c) Chu-rches; places of worship d) Medical Services; e) Commercial Retail 5,000 sq. ft. or more; f) Pharmacies; g) Medical marijuana Dispensaries; h) Parking Garages; i) Administrative Services, Public and Private; j) Plant Nurseries k) Commercial Amusements, enclosed 1) Restaurants m) Trade and Skilled Services Industrial. Industrial uses that may be permitted in this district include Light industrial uses that may be permitted in the R-MX District include: a) Utilities, public and private b) Gasoline and Fuel Stations c) Crematory d) Commercial amusements, enclosed & unenclosed e) Storage facilities f) Plant nurseries g) Trade and skilled services, including marine -related h) Wholesale trade and services i) Farmer's market j) Fish markets and packing facilities k) Industrial activities 1) Parking garages m) Parking lots without building on the lot n) Vehicular services and maintenance o) Marine power sales and service p) Wet/dry storage of boats q) Mini -storage facilities r) Protective and emergency services, public s) Bottling plants, dairy products plants, wholesale bakeries, fruit packing and similar uses t) Building Materials, unenclosed u) Commercial wireless telecommunication facilities v) Contractor Trades w) Laboratory, Research and development facilities, enclosed x) Light Manufacturing, processing and assembly y) Sewage Treatment Plant z) Welding and Machine Shop aa) Recycling and Materials recovery facilities 4) Conditional Uses Permitted. Conditional uses,shall include those land use activities cited below which are: (1) consistent with the comprehensive plan future land use map`designation; and (2) comply with all criteria and procedures of article VI, Conditional Uses, and all other applicable laws and ordinances. The planning an'd.zoning commission shall determine if such conditions and provisions are satisfied. Appeal of such decisions shall be heard by the city council. The list of uses conditionally permitted goes as,follows: g. Residential. Residential uses that may be conditionally permitted in this district includes: i. Cultural or Civic Facilities Schools, Public or Private ii. Golf Courses and Support. Facilities iii. Bed and Breakfast IV. Churches V. Utilities, Public and Private vi. Parks and Recreation, Public vii. Protective and Emergency Services, Public viii. Model Homes ix. Accessory Uses to Conditional Uses. h. Commercial. In addition to the residential uses conditionally permitted, additional commercial uses that may be conditionally permitted in this district includes: 1. Gasoline Sales, Retail ii. Restaurants, excluding Drive -Through Facilities iii. Nursing Homes iv. Veterinary Services V. Funeral Homes vi. Accessory Uses to Conditional Uses. vii. Vehicular sales and related services viii. Flea Market ix. X. Industrial Section 54-2-5.16.1) Requirements: Equipment Sales, unenclosed Warehousing, enclosed Crematory Equipment Sales, unenclosed Commercial amusements, unenclosed. Protective and emergency services, public Flea Market A Master Development Plan ("MDP") shall be provided that identifies the boundaries of the development. The MDP depicts the locations of the "Blocks" of development including the primary development focus for each Block, proposed density(s) and intensity(s) for each use, internal roadways, external roadway connections and types, and generalized building types as identified in Table 54-2-5.16.D below. Additional information and or plans as may be required by the City include but not limited to Vehicular Circulation Plan (A), Pedestrian Connectivity Plan (B), Bicycle Connectivity Plan (C) and Multimodal Plan (D) Table 54-2-5.16.D Block I — Commercial / Office Commercial—190,000 s.f. Office — 50,000 s.f. (Block 11— Commercial I Office Commercial — 215,000 s.f. Office — 50,000 s.f. (Block III — Commercial / Office li Commercial — 365,000 s.f. Office — 500,000 s.f. (Block IV — Commercial / Residential / Office Commercial—115,000 s.f. Residential — 400 Units Office — 500,000 s.f IBiock V — Commercial Commercial—106,000 s.f. Block VI — Commercial Commercial — 70,000 s.f. (Block VII — Commercial I Residential / Office Commercial—145,000 s.f. Residential -1,250 units Office—1;000,000 s.f. IBlock VI I I — Commercial / Residential / Office /' Commercial — 57,000 s.f. Residential —1,000 units Office — 60q 0.00 s.f. (Block IX — Commercial I Residential / Hotel I Office Commercial—128,000 s.f. Residential — 500 units Hotel — 400 Rooms Office — 600,000 s.f. Block X - Block for Non -Building Uses (see below for development tandards) Sec. 54-2-5.16.E Additional Compatibility Mitigation; Mixed -Use districts (a) Special Considerations. This section provides a necessary tool and process to guide decision makers in review of compatibility for unique circumstances and development types and where there are requests to exceed or modify development standards. In these instances, the application of additional mitigation deemed necessary to ensure compatibility of the proposed development with surrounding properties may be required. Additional mitigation standards include, but are not limited to: Lowering density and intensity; Increasing building setbacks; Adjusting building stepbacks (see Section 54-2-5.16.E below); Requiring tiered buildings; Adjusting onsite improvements to mitigate lighting, noise, mechanical equipment, refuse and delivery and storage areas; Adjusting road and driveway locations; and Increasing buffer types and/or elements of the buffer type. Sec. 54-2-5.16.F Building Setback/Stepback (a) Where adjacent to a residentially zoned area 'and or buildings are taller than the by -right height a Setback and or Stepback shall be required. Applicants may request the use of either an additional setback or stepback,.or both; however, approval shall be provided by the City Council as part of the zoning request. A building stepback is an architectural design element applied to the upper- story of a development and is required when a mixed=use district abuts a residential zoning district. Stepbacks are a step -like recession in a wall or facade wbjch allows for more daylight to reach the street level and create a more open, inviting pedestrian environment. Stepbacks reduce the scale of a building, increasing views of surrounding areas and emphasizes the ground floor of a structure to allow increased emphasis on pedestrian considerations. Stepbacks may be required for stories or features above a certain permitted height within a zoning district, per that district's development standards table and may be used as an additional compatibility mitigation per this section. When one mixed -use district abuts another mixed -use district, no compatibility setback is required. (b) Setback/Stepback determination. If a stepback is not provided, the minimum setback from the property perimeter buffer shall be increased by adding one-half of the building height to the required buffer. Stepbacks shall be a minimum of 15' in width. Sec. 54-2-5.16.G Mixed -Use Zoning District Incentive (a) Generally. To promote development and redevelopment of mixed -use zoning districts, incentives may be applied to buildings and developments which qualify based upon the criteria of this Section. To encourage certain public benefits and create a more dynamic public realm, density bonuses may be permitted for the items defined below. Providing 3 of 4 of the incentive categories listed in this Section shall permit development at fifty percent (50%) of the maximum density bonus through incentives. Providing 4 of 6 of the incentive categories listed in this Section shall permit development at one hundred percent (100%) of the maximum density bonus through incentives. Incentives defined: 1. Adaptive Reuse of existing building(s) 2. 15 percent affordable housing (at or below 100 percent Area Median Income —AMI) 3. 25 percent of parking designated for as publicly accessible 4. Increase of active use area/publicly accessible open space in the form of a public plaza or similar medium open space size type 5. Streetscape enhancements along the length of the primary street including: • Street trees based on 40 feet O.C. • Increased width/landscape verge to a 7ninimum 8 feet • Shade structures • Street furnishings including but not limited to benches, decorative lighting or similar 6. Providing three (3) or more uses (i.e., commercial, office, residential, industrial, etc). with no single use occupying less than 20% of the gross area of the project. (b) Priority Land Use Incentives. Priority land uses are recognized from the City's Comprehensive Plan and designated Mixed -Use land use designations and represent a community vision for a desired land use within a mixed -use zoning distric#. A mixed -use zoning district may recognize priority land uses and offer density incentives to implern`ent priority land uses within a vertical or horizontal mixture of uses in a building or development. To q'ualify for this incentive, each building or development must include at least 2 priority land uses, each of which shall be at least 25 percent of the total. Sec. 54-2-5.16.H Mixed -Use Zoning Open Space • Mixed -Use Zoning Districts. All new development subject to this Section within mixed -use districts as defined in Section 5: Mixed -Use Zoning Districts, shall require a minimum of fifteen percent (15%) open space of the total development size. The required fifteen percent (15%) open space shall also comply with the following additional standards: Less Than 25 Acres. For mixed -use developments less than twenty-five (25) acres, required open space shall include at least two (2) small open space types, as defined in Section 54-2-5.16.H.A. 25-50 Acres. For mixed -use developments greater than twenty-five (25) acres, but less than fifty (50) acres in size, required open space shall include at least two (2) small open space types and one (1) medium open space type, as defined in Section 54-2-5.16.H.A. Greater Than 50 Acres. For mixed -use developments greater than fifty (50) acres in size, required open space shall include at least three (3) small open space types and two (2) medium open space