HomeMy WebLinkAboutO-01-07ORDINANCE NO. 0-01-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.3.2
COMMERCIAL LIMITED DLYTRICT (CL), CONDITIONAL USES AND 54-2-
6.4 SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE
PROVIDING LIMITED AVAILABILITY OF TWELVE RESIDENTIAL
UNITS PER ACRE; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian provides that density of up to twelve (12) residential
units per acre may be provided in the Commercial Limited land use category, yet there are no
provisions in the land Development Code for any use density greater than eight (8) residential
units per acre; and
WHEREAS, many local governments provide a density bonus as an incentive for
developers to provide quality affordable housing within their jurisdiction; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission on
April 5, 2001, and that body recommends approval of the Land Development Code amendments
herein; and
WHEREAS, the City Council upon due public hearing has considered the same and found
said amendments to be in the best interest of the citizens of Sebastian;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 54-2-5.3.2(C) of the Land Development Code, City of
Sebastian, Florida, COMMERCIAL LIMIJED i)ISTftlCT (CL), CONDITIONAL USES, is hereby
amended to add the following conditional use:
Section 54-2-5.3.2 COMMERCIAL LIMITED DISTRICT (CL)
C. CONDITIONAL USES
Q uali._f_l_e.._d_...~o___r_d able Housing
Section 2. That section 54-2-6.4 of the Land Development Code, City of Sebastian,
Florida, SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE, is hereby amended to
add subsection 36A QualoqedAffordable Housing to read as follows:
Section 54-2-6.4: SPECIFIC CRITERIA FOR APPROVING A
CONDITIONAL USE
36A.
Qualified Affordable Housing
Applicable zonmg_id._i_~tr_g'_C_t_~':__ Q_.u.alified Affordable Housing_ shall be
p~rmi_t_t..._e._d__ _a._s....a ~0.r!_d.j_t_i_onal u__s_e_.within t!~.e _.C...L__d. is_.~rj~t_.,
b. Conditional use criteria:
(1) To qualify for this conditional use, a projec_t, must pa_rtic~ip_a_t_..e_j~._..a__nd.
comply with a state or federally sponsored affordable housing initiative.
(2) Max_im_.u_m..d_e...n_.sj_t_¥_ s_.h..a!_l_be twel¥_e .(j_2.) residential units.per acre.
(3) The m!nimum.liv!ng a[~.a_..._s~ondards. 0f the ~: 8 ~9__n_i_n. g..d_is.t_y!c~...s_hall
~p!y.~
Section 3. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. 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 or unconstitutional provisions. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional
provision, thereby causing said' remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately.
The foregoing Ordinance was moved for adoption
The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmelnber Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
by Councilmember
and,
The Mayor thereupon declared this Ordinance duly passed and adopted this 1 '1th day of April,
200'1.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich string;r, Ci:y Att~'