HomeMy WebLinkAboutO-25-12 Amend Townhouse Dimension Reg.ORDINANCE NO.O-25-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REVISES
LAND DEVELOPMENT CODE ARTICLE V, ZONING DISTRICT
REGULATIONS, BY AMENDING THE TOWNHOUSE DIMENSIONAL
REGULATIONS WITHIN THE RM-8 (MEDIUM DENSITY MULTIPLE -
FAMILY RESIDENTIAL, 8 DU/AC) AND RM-10 (MEDIUM DENSITY
MULTIPLE -FAMILY RESIDENTIAL, 10 DU/AC) ZONING DISTRICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Sebastian City Council is cognizant of the need for developers to evolve their
housing types and designs over time in order for construction to be financially feasible within the
economy, while still being able to offer consumers a viable product; and
WHEREAS, the Sebastian City Council recognizes that its Townhouse Dimensional Regulations
within the Land Development Code is outdated with current design standards, and may be prohibitive in
attracting developers to build multi -family housing projects within the City; and
WHEREAS, the Data Inventory and Analysis for the Housing Element of the City of Sebastian's
Comprehensive Plan 2040 indicates that the number of existing multi -family units and overall percentage
of this housing type is considerably below the targeted amount the city wishes to offer its residents; 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 Sebastian City Council hereby finds that it is in the public interest to amend and
update certain provisions of the Land Development Code of the City of Sebastian regarding Townhouse
Dimensional Regulations which will then allow current multi -family housing types to be feasible for
developers and residents; and
WHEREAS, the Local Planning Agency of the City of Sebastian held a public hearing on May
15, 2025, and made a recommendation to the Sebastian City Council to approve Ordinance 0-25-12.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as
follows:
Amendment 1: Sec. 54-2-5.2.4. Medium Density Multiple -Family District (RM-8)
(a) Intent: The RM-8 District is established to implement comprehensive plan policies for managing
primarily duplex and multiple -family developments on land designated for medium density
residential development.
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(e) Dimensional regulations (for townhouse development):
(1) Maximum density: Shall not exceed eight units per acre on overall site. Individual lots (units)
shall not exceed eight units per primary building or structure.*
*For sites of record containing a higher density, the designated comprehensive plan density shall
apply.
(2) Maximum height: 35 feet (25 feet for properties east of Indian River Drive).
(3) Lot coverage and open space:
Maximum building coverage: 40%
Maximum impervious surface: 60%
(4) Lot dimensions:
Minimum lot size (prior to platting): 1 acre
Minimum open space: 40%
Minimum interior lot size within a site: 4 751 800 square feet
Minimum interior lot width: 2-520 feet
Minimum interior lot depth: 7-590 feet
(5) Minimum setbacks: All development must comply with requirements for setbacks from
wetlands and open waters established in section 54-3-11.1(c).
Yard
Setbacks
Front
25
Rear
20
Side
4-05
Side (interior) between buildings
-1-520
(6) Minimum living area: 900 square feet
(7) Ever- tevaihatt,., unit .,hall ed to provide a T e. Parkino. Parkina
shall be Provided consistent with Article XV and may be Provided via off-street parkine, earaee
and or surface parkine. The If a garage or carport is Proposed. it shall have a minimum interior
clear dimension of tenl0 feet wide by 20 feet (depth). Rear loadine earaees with accessible
allevways are Preferable in desien.
(8) Special regulations:
a. Access. All dwelling units shall have access to a public street either directly or indirectly
via an approach, private road, or other area dedicated to public or private use or common
easement guaranteeing access. The city shall be allowed access on privately owned roads,
easements, and common open space to ensure police and fire protection of the area meet
emergency needs, conduct city services and generally ensure the health and safety of the
residents of the development.
b. Unified control. Title to all land within a proposed site shall be owned or controlled by the
developer/owner submitting the applications for the development. For purposes of this
section, the term 'controlled by" shall mean that the developer shall have the written
consent of all owners of the property within the proposed site not owned by the developer.
The consent shall contain a notarized statement that the developer is authorized to represent
the owners in the submission of an application under the provisions of this section and that
the owners shall agree to be bound by the decision of the city council if the application is
approved.
c. Development standards. The minimum construction requirements for streets or roads,
sidewalks, utilities, and drainage shall be in compliance with city standards.
d. Common open space. All privately owned common open space shall conform to its
intended use and remain as expressed in the final development plan through the inclusion
in all deeds of appropriate restrictions to ensure that the common open space is permanently
preserved according to the final development plan. Such deed restrictions shall run with
the land and for the benefit of present as well as future property owners and shall contain a
prohibition against partition. All common open space, as well as public and recreational
facilities, shall be specifically included in the development schedule and be constructed
and fully improved by the developer at an equivalent or greater rate than the construction
of residential structures. The developer shall establish an association or nonprofit
corporation of all individuals or corporations owning properties within the development to
ensure maintenance of all common open space. The association or nonprofit corporation
shall conform to the following requirements:
I. The developer shall establish the association or nonprofit corporation prior to sale of any
lots. Control of all common open space and recreation facilities shall be passed to the
association upon sale or transfer of 90 percent or more of the residential units.
2. Membership in the association or nonprofit corporation shall be mandatory for all
residential property owners within the development, and such association or corporation
shall not discriminate in its members or shareholders.
3. The association or nonprofit corporation shall manage all common open space and
recreational and cultural facilities, that are not dedicated to the public; shall provide for the
maintenance, administration and operation of such land and any other land within the
development not publicly or privately owned; and shall secure adequate liability insurance
on the land. The title to all residential property owners shall include an undivided fee simple
estate in all common open space or an unrestricted easement for the use and enjoyment of
the common open space.
Amendment 2: Sec. 54-2-5.2.4A. Medium Density Multiple -Family Residential District (RM-10)
(a) Intent: The RM-10 District is established to implement comprehensive plan policies for managing
primarily duplex and multiple -family developments on land designated as medium density residential
development. The intent of the standards within this section is to encourage diverse housing options
and housing types.
(d) Dimensional regulations:
Lot area (min)
Lot depth (min)
Lot width (min)
Building coverage (max)
RESIDENTIAL
Detached
4,500 sq. ft.
100 ft.
45 ft.
45%
Attached
4&7-5-1.800 sq. ft.
7-5-90 ft.
2-520 ft.
60%
Impervious surface (max)
Open space (min)
Base density (max)
Front (min)
Rear (min)
Side (min) (interior)
Building height (max)
i Front setbacks may be reduced to 15 feet if a common parking
area/lot is used in lieu of driveway or similar off-street parking
spaces
2 Subiect to meeting applicable Florida Building Code/Fire Code
requirements
Minimum living area:
60%
70%
30%
30%
10 du/ac
10 du/ac
25'ft.
25'ft.
20 ft.
52 ft. (I story) / 10 ft. (2 story)
35 ft. 35 ft.
Single-family dwellings: The minimum floor area required for a detached single-family dwelling,
exclusive of porches, terraces, attached garages, carports or other unenclosed areas, shall be 900
square feet.
Duplex dwellings: 700 square feet per unit.
Multiple family dwellings:
REQUIRED MINIMUM LIVING AREA IN MULTIPLE -FAMILY DWELLINGS
Type Dwelling/# Bedrooms
Efficiencies/Tiny Home
One -bedroom units
Two -bedroom units
Three -bedroom units
Each additional bedroom after three bedrooms
Maximum unit size
(e) Density calculations.
Required # of Square Feet
500
600
750
900
100 sq. ft. per additional bedroom
1400
Single-family dwellings: For the purpose of density calculations each single-family dwelling unit
counts for one dwelling unit.
Multiple family dwellings: For the purpose of density calculations dwelling units within a multiple -
family development or a duplex that have a habitable space less than or equal to 600 square feet shall
be calculated as 0.5 (half) dwelling unit.
(f) Parking. Parking shall be provided consistent with geetion-54-3-154Article XV and maybe provided
via off-street parking, garage and or surface parking. If a garage or catvort is Droposed, it shall have
a minimum interior clear dimension of 10 feet (wide) by 20 feet (depth). Rear loading garages with
accessible alleyways are preferable in design.
(g) Special regulations:
(1) Access. All dwelling units shall have access to a public street either directly or indirectly via an
approach, private road, or other area dedicated to public or private use or common easement
guaranteeing access. The city shall be allowed access on privately owned roads, easements, and
common open space to ensure police and fire protection of the area meet emergency needs,
conduct city services and generally ensure the health and safety of the residents of the
development.
(2) Unified control. Title to all land within a proposed site shall be owned or controlled by the
developer/owner submitting the applications for the development. For purposes of this section,
the term "controlled by" shall mean that the developer shall have the written consent of all
owners of the property within the proposed site not owned by the developer. The consent shall
contain a notarized statement that the developer is authorized to represent the owners in the
submission of an application under the provisions of this section and that the owners shall agree
to be bound by the decision of the city council if the application is approved.
(3) Development standards. The minimum construction requirements for streets or roads,
sidewalks, utilities, and drainage shall be in compliance with city standards.
(4) Common open space. All privately owned common open space shall conform to its intended use
and remain as expressed in the final development plan through the inclusion in all deeds of
appropriate restrictions to ensure that the common open space is permanently preserved
according to the final development plan. Such deed restrictions shall run with the land and for
the benefit of present as well as future property owners and shall contain a prohibition against
partition. All common open space, as well as public and recreational facilities, shall be
specifically included in the development schedule and be constructed and fully improved by the
developer at an equivalent or greater rate than the construction of residential structures. The
developer shall establish an association or nonprofit corporation of all individuals or
corporations owning properties within the development to ensure maintenance of all common
open space. The association or nonprofit corporation shall conform to the following
requirements:
1. The developer shall establish the association or nonprofit corporation prior to sale of any
lots. Control of all common open space and recreation facilities shall be passed to the
association upon sale or transfer of 90 percent or more of the residential units.
2. Membership in the association or nonprofit corporation shall be mandatory for all
residential property owners within the development, and such association or corporation
shall not discriminate in its members or shareholders.
3. The association or nonprofit corporation shall manage all common open space and
recreational and cultural facilities, that are not dedicated to the public; shall provide for the
maintenance, administration and operation of such land and any other land within the
development not publicly or privately owned; and shall secure adequate liability insurance
on the land. The title to all residential property owners shall include an undivided fee simple
estate in all common open space or an unrestricted easement for the use and enjoyment of
the common open space.
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 Sebastian City Council did not intend to enact such invalid provision. It shall further
be assumed that the Sebastian 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. Conflicts. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
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Section 4. Codification. The sections of the Ordinance shall be codified within part of the
City of Sebastian 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 Dodd . The
Motion was seconded by Councilmember Nunn and, upon being put to a vote, the vote
was as follows:
Mayor Bob McPartlan
ave
Vice Mayor Fred Jones
aye
Councilmember Ed Dodd
aye
Councilmember Christopher Nunn
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 25`h day of June, 2025.
ATTEST:
Ieaq-Q W�
tte Williams, MMC
City Clerk
CITYOF ASTIAN,
By:
Bob McPartlan, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
5
enn' er ro sq., CS
Attorney