HomeMy WebLinkAboutO-01-24ORDINANCE NO. 0-01-24
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.2.4.B
MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL (RM-8), USES
PERMITTED, AND FOR THE ADDITION OF SECTION 54-2~5.2.4.E
DIMENSIONAL REGULATIONS (FOR TOWNHOUSE DEVELOPMENT);
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 has pre-existing townhousc developments within the
City and such developments are a commonplace residential style within the general area; and
WHEREAS, there is no actual provision for townhouse development within the City
Land Development Code; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission on
September 20, 2001, and that body (subject to minor modifications) 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 thc 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 I. That section 54-2-5.2.4 of the Land Development Code, City of Sebastian,
Florida, MEDIUM DENSITY MULTIPLE FAM1L Y RESIDENTIAL (RM-8), is hereby amended
as shown in the attached Exhibit "A", which is hereby incorporated by reference.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. 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 4. EFFECTIVE DATE. This Ordinance shall become effective
immediately.
The foregoing Ordinance was moved for adoption
It± 11 The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
by Councilmember
Coniglio and,
Mayor Walter Barnes aye
Councilmember Joe Barczyk aye
Councilmember Edward J. Majcher, Jr. aye
Councilmember James Hill aye
Councilmember Ray Coniglio aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 24th day of
October,, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. Mai~, CMC
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City A
EXHIBIT "A"
SUBSECTION 54-2-5.2.4: MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL (RM-8)
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.
B. USES PERMITTED
Single family dwellings
Duplex dwellings
Multi-family dwellings
Foster Care/Group Homes with ~6 Residents
Townhouse development
Accessory residential uses
C. CONDITIONAL USES
Foster Care/Group Homes
with > 6 Residents
Child Care Services
Cultural or Civic Facilities
Schools, Public or Private
Golf Courses and Support Facilities
Bed and breakfast
Nursing Homes
Churches
Utilities, public and private
Parks and recreation, public
Protective and emergency services, public
Model Homes
Accessory uses to conditional uses
D, DIMENSIONAL REGULATIONS (excluding townhouse development)
1. Maximum Density: Shall not exceed eight (8) units per acre.
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%
Minimum Open Space: 40%
4. Lot Dimensions:
Minimum Lot Size:
Minimum Lot Width:
Minimum Lot Depth:
10,000 square feet
80 feet
100 feet
Minimum Setbacks:
All development must comply with requirements for setbacks
from wetlands and open waters established in Section 54-3-
ll.~(C).
Yard
Setbacks
1 story 2 stories
Front 25 25
Rear 25 25
Side (interior) 10 15'
Between residential structures on same lot 20 20
* Plus one (1) foot for each additional two (2) feet in height above twenty-five (25) feet
6. Minimum Living Area:
Single Family Dwellings: The minimum floor area required for a single family dwelling,
exclusive of porches, terraces, attached garages, carports or
other unenclosed areas, shall be nine hundred (900) square
feet.
Duplex Dwellings: 750 square feet per unit.
Multiple Family Dwellings:
.REQUIRED MINIMUM LMNG AREA IN MULTIPLE FAMILY
DWELLINGS
Dwe,,lli,n~/# Bedrooms
T;ype
Efficiencies
Requff. ed# of Square Feet
600
One Bedroom Units 700
Two Bedroom Units 850
Three Bedroom Units 1,000
after
Each Additional Bedroom Three
Bedrooms.
I'
100 Sq. Ft. per Additional
Bedroom
Required Accessory Structures: Every single family and duplex dwelling unit shall be
required to provide a garage or carport. If a carport or similar unenclosed vehicle storage
structure is provided then each unit within the principal structure shall contain a fully
enclosed utility storage area of at least sixty (60) square feet, which shall be designed as
an integral part of the principal structure. If a fully enclosed garage is provided, then no
utility structure shall be mandated. The garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20) feet.
DIMENSIONAL REGULATIONS (for townhouse development)
1. Maximum Density:
Shall not exceed eight (8) .units per acre on overall site,
Individual lots (u..n..its) shall not exceed eight.(8) units per primary
building..or structure.*
*For sites of record containing a.higher densiW, the designated
Comprehensive Plan density, shall apply.
2. Maximum Height: 35 feet (25 feet for orooerties East of Indian River Drive).
3. Lot Coverage and O0en Soace:
Maximum Building Coverage: ,40%
Maximum Imoervious Surface: 60%
Minimum Open Space: 40%
4. Lot Dimensions:
Minimum Lot Size (p.r.igr t,o platting):
Minimum interior lot size within a site:
Minimum Interior Lot Width:
Minimum Interior Lot Depth:
1 acre
!..,..8.75 square feet
25 feet
75 feet
Minim'mn 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 10
Side (interior) between buildinas 15
Minimum Living Area: 900 sauare feet
Required Garages: Every townhouse unit shall be required to provide a garage_ The_,
garaae or camort shall have a minimmn interior clear dimension of ten (lQ). feet by
twen~
..Special Regulations:
Access. All dwellina 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 oven space to ensure police and fire
protection of the area meet emergency needs, conduct city services and generall3~
ensure the health and safety of the residents of the development.
Unified Control. Title to all land within a proposed site shall be owned or controlled
by the develot~er/owner submitting the applications for the development. For
13url>oses of this section, the term "controlled by" shall mean that the developer shall
have the written consent of all owners of the ~ropertv within the r~roposed site not
owned by the developer. The consent shall contain a notarized statement that the
developer is authorized to .represent the owners in the submiasion 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, sidewa!.ks, utilities, a.n. 0 drainage shall be in compliance with city standards.
do
Common Open Space. All privately owned common open space shall conform to it.q
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 oermanently preserved according to the final development p.!an. 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..again,~t 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:
The developer shall establish the association or nonprofit corpQration 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.
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.
The association or nonprofit corporation shall manage all common open space
and recreational and cultural facilities, that are not dedicated to the pub..!ic; 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 and unrestricted easement for the use and enioyment of the common
open space.
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