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HomeMy WebLinkAboutO-02-11ORDINANCE NO. 0-02-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND ISSUANCE OF PERMITS FOR DEVELOPMENT OF PROPERTY LOCATED BETWEEN TIIE SEPARATED SEBASTIAN BOULEVARD RIGHT-OF-WAY; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, pursuant to Section 2(b), Article VIII of the Florida Constitution and Chapter 166, Florida Statutes, the City of Sebastian is authorized and required to protect the public health, safety and welfare, and may exercise any power for any governmental purpose except as expressly prohibited by law; and WHEREAS, pursuant to said authority and Florida Statutes 163.3202, the City has enacted land development regulations consistent with its adopted Comprehensive Plan, which protect the quality of life in the City of Sebastian; and WHEREAS, the City commissioned the Treasure Coast Regional Planning Council to host a charrette on the future development of the County Road 512 corridor through the City; and WHEREAS, the City of Sebastian received the Charreette Report (the "Development Master Plan") dated November 3, 2000, and adopted it as the conceptual basis for the policies governing development in the CR 512 corridor within the City of Sebastian; and WHEREAS, on November 28, 2001 the City of Sebastian began to implement these policies through adoption of Resolution R-01-83 renaming the roadway "Sebastian Boulevard", with this re-christening taking effect March 1, 2002; and WHEREAS, the Master Plan recommends various enhancements to the Sebastian Boulevard roadway, other public infrastructure improvement projects, as well as changes in the zoning laws and development standards for the corridor; and WHEREAS, on March 27, 2002 the City Council adopted Resolution R-02-15 submitting the first of these improvements to the Federal Enhancement Program administered through the Metropolitan Planning Organization; and WHEREAS, a key element of the Sebastian Boulevard Development Master Plan is redevelopment of the land located between the divided right-of-way for the corridor under a "New Town Center" concept; and WHEREAS, at its January 23, 2002 meeting the City Council discussed pending changes to the laws governing Community Redevelopment Agencies that have subsequently passed and will take effect in the coming months; and WHEREAS, it was determined that Staff would review the City's redevelopment plans in light of these changes and further advise Council; and WHEREAS, consideration is being given to implementing the redevelopment provisions of the New Town Center concept of the Sebastian Boulevard Development Master Plan by utilizing the Community Redevelopment Agency provisions of law, and it would be advantageous to do so before the recent amendments take effect; and WHEREAS, said concept requires an integrated redevelopment plan; and WHEREAS, some protection is provided by the CR512 Overlay District of the Land Development Code; and WHEREAS, the City requires a reasonable time period to formulate and process land use and land development regulation amendments so that the City Council can implement the New Town Center concept in a manner that meets state and local goals and legislative mandates; and , WHEREAS, in view of the foregoing, a situation exists justifying an immediate moratorium on development within the area that would be inconsistent with the proposed redevelopment concept; and WHEREAS, a moratorium will be of temporary impact to property within the City; and WHEREAS, this' moratorium is enacted in good faith, without unjust discrimination, and is of the minimum feasible duration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. MORATORIUM. Except as otherwise provided herein, for a period of six months from the effective date of this ordinance or until final implementation of new land development regulations applicable thereto, whichever shall occur first, the following moratoria shall be in effect: Within the area between the divided right-of-way of east-bound and west-bound Sebastian Boulevard, east of South Wimbrow Avenue and west of Louisiana Avenue, no application for any permit or other development order relating to development or redevelopment of land or structures shall be accepted or approved including, but not limited to, site plan review, conditional use approval, land clearing or building permit approval; and Within the area between the divided right-of-way of east-bound and west-bound Sebastian Boulevard, east of Louisiana Avenue and west of the FEC Railroad right-of-way, no application for such permit or other development order relating to development or redevelopment of land or structures shall be accepted or approved if the same is for either a use only allowable under the industrial zoning category or is for development inconsistent with the requirements of the CR512 Overlay District of the Land Development Code. Section 2. shall not apply to: l) 2) 3) 4) 5) Section 3~. CONFLICT. herewith are hereby repealed. Section 4. SEVERABILITY. EXCEPTIONS. The prohibition set forth in Section 1 hereof City-owned property; Adding any internal improvements to an existing structure wherein the value of the original structure is not increased by more than 10%; Non-essential repair of any existing structure wherein the part being repaired does not constitute more than 10% of the value of the original structure; Emergency repairs of an existing structure necessary to allow the same be safe or, if a dwelling, habitable wherein the part being repaired does not constitute more than 50% of the value of the original structure; or Permits for demolition of a structure; All ordinances or parts of ordinances in conflict In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. 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. SectionS. EFFECTIVE DATE. This Ordinance shall take effect immediately following its adoption by the City Council. The Hill Majcher 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 Walter Barnes aye Vice-Mayor James Hill aye Councilmember Joe Barczyk aye Councilmember Edward J. Majcher, Jr. aye Councilmember Ray Coniglio aye The Mayor thereupon declared this Ordinance duly passed and adopted this 12th day of June, 2002. CITY OF SEBASTIAN, FLORIDA AT'rEst: :, Sally A. M~.9, CMC City Clerk Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City A~ome~'