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HomeMy WebLinkAboutO-81-07aEMERGENCY ORDINANCE NO. O-8/-7 AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN DECLARING A TEMPORARY MORA~ TORIUM UPON APPLICATIONS FOR AND ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OR ALTERATION OF BUILDINGS AND STRUCTURES WITHIN THE STATE ROAD 512 COMMERCIAL DISTRICT OF THE CITY, AS DES- CRIBED MORE PARTICULARLY HEREIN; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING LEGISLATIVE INTENT AND PURPOSE; PRO- VIDING DEFINITIONS; DECLARING A MORA- TORiUM ON APPLICATIONS FOR AND APPROVALS OF SUBDIVISION PLATS, REPLATTING OF FORMERLY PLATTED PROPERTY AND PLANNED UNIT DEVELOPMENTS WITHIN THE STATE ROAD 512 COMMERCIAL DISTRICT; DECLARING A MORATORIUM ON PETITIONS FOR ZONING AND REZONiNG OF PROPERTY WITHIN THE STATE ROAD 512 COMMERCIAL DISTRICT; DECLARING CERTAIN EXCEPTIONS; PROVIDING FOR THE PROCESSING, HEARING AND ADMINISTRATIVE DISPOST~I'0N DF.,~LL PENDING APPLICATIONS AND PETITIONS AFFECTED HEREBY; PROVIDING FOR VARIANCES; ESTABLISHING THE PLANNING AND ZONING COMMISSION AS A SPECIAL VARIANCE BOARD WITH ADVISORY POWERS ONLY; ESTABLI'SHING A PROCEDURE FOR VARIANCE APPLICATIONS AND THE CRiTERiA UNDER WHICH VARIANCES MAY BE GRANTED: PROVIDING FOR FINAL DECISIONS BY THE CITY COUNCIL UPON VARIANCE APPLICATIONS; PROVIDING FOR AUTOMATIC REPEAL IN NINETY DAYS; PROVIDING FOR PUBLICATION; PRO- VIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 166,041, Florida Statutes, the City Council of the City of Sebastian may adopt one or more emergency ordinances to meet a public emergency affecting life, health or property, upon the affirmative vote of three of its members; and WHEREAS, pursuant to Part II~ Chapter 163, Florida Statutes, and Resolution of the City of Sebastian, the City Council of Sebastian has designated the Sebastian Planning and Zoning Commission as the local Planning Agency for the implementation of the Sebastian Comprehensive Plan; and WHEREAS, the Sebastian Planning and Zoning Commission is charged with the duty of preparing or causing to be prepared a Comprehensive Plan as described in Section 163,3161, et seq,, Florida Statutes, for the entire city including the area commonly known as the State Road 512 Commercial District of Sebastian, or for any portion of such area; and WHEREAS, the Sebastian Planning and Zoning Commision has recently completed a proposed Comprehensive Plan for the entire City; and WHEREAS, said Plans presently under review by the City Council, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs; and WHEREAS, the Land Use Element of the proposed Comprehensive Plan contains a recommendation that Commercial use of the land abutting SR 512, be allowed to continue; and WHEREAS, said recommendation has been and remains as a controversial and debated issue within many segments of the community; and WHEREAS, the City Council has recently negotiated a contract for professional planning services with a planning consulting firm to produce an acceptable comprehensive plan; and -2~ WHEREAS, the City of S~bastian currently has in effect zoning district and subdivision regulations which provide land use and development regulations to promote the health, safety, morals and general welfare of the City; and WHEREAS, there are likely to be inconsistencies between the existing zoning district and subdivision regulations and the Comprehensive plan, particularly in the SR 512 District; and WHEREAS, the current zoning district regulations governing the SR 512 Commercial District need to be amended immediately by a non-emergency ordinance° NOW, THEREFORE, the City Council finds and declares a need to suspend temporarily the further development of all properties within the SR 512 Commercial District of the City, as described in this ordinance, in order to review such properties and proposed development in order to permit development, including both the construction of new buildings and structures and the alteration of existing buildings and structures, which does not jeopardize the integrity of the emerging Comprehensive plan, NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN: SECTION If Legislative Findings of Fact. The City Council of Sebastian finds and declares that: (1) Ail of the statements set forth in the preamble to this ordinance are true and correct; (2) For said reasons there exists a public emergency affecting life, health and property in that there is a need to impose a temporary moratorium as set forth herein~ below in order to avoid the frustration and defeat of the policies and objectives of the proposed Comprehensive plan; and (3) This Ordinance is a necessary emergency ordinance pursuant to Section 166~041 of the Florida Statutes. w3- SECTION II. Intent and Purpose. It is the purpose and intent of this ordinance to promote the health and general welfare of the City of Sebastian, and to facilitate the adequate provision of transportation and other public require- ments. It is the further purpose and intent of the City Council to impose a temporary moratorium on the activities set forth and described herein. During the next ninety days the City Council shall consider and prepare for adoption a non-emergency ordinance of the City having the effect of extending the moratorium imposed hereby upon the same or similar terms for that length of time reasonably necessary to permit the preparation and adoption of a Comprehensive plan as described in Chapter 163.041 ,Florida Statutes, for the entire city, including the SR 512 Commercial District of Sebastian. SECTION III. Boundaries. This ordinance shall be applicable to the SR 512 Commercial District of Sebastian, the boundaries of which are depicted upon Exhibit A to this ordinance and described with more particularity in Exhibit B to this ordinance, both exhibits being incorporated herein by reference as if set forth in full. SECTION IV, Moratorium Declared. As to any property located in whole or in part within the SR 512 Commercial District there is hereby declared to be a moratorium on: (1) The acceptance of applications for and the issuance of building permits for the construction or alteration of buildings and structures, (2) The acceptance of applications for and the approval of subdivision plats, including the replatting of formerly platted property. (3) The acceptance of applications for and the issuance of master plan or plat approval for planned unit developments. (4) The acceptance of applications for and the approval of petitions for the zoning or rezoning of property. SECTION V. Exceptions. Section IV of this ordinance shall not be applicable to: (1) Any application for any building permit for which site plan approval has been granted by the Planning and Zoning Commission as of 5:00 p. m. on April 22, 1981. (2) Any application or petition for any sub- division plat approval, planned unit development approval or zoning or rezoning of property which has been reviewed by the Planning and Zoning Commission and a recommendation thereon to the City Council has been adopted by said Board as of 5:00 p, m. on April 22, 1981. (3) Any application or petition for any building permit to construct or repair buildings and structures accessory to existing primary use buildings and structures, or to repair existing primary use buildings and structures~ (4) Any petition of the City Council or the Planning and Zoning Commission for the zoning or rezoning of property. (5) Provided, that any application or petition described in this section shall be found to conform with all applicable building codes, zoning and subdivision requirements of the City prior to approval. SECTION VI. Variances, A variance from the strict application of Section IV of this ordinance may be granted by the City of~S~bastian in accordance with the procedures hereinafter established, in cases where it is determined either that the strict application of Section IV would cause unique and unnecessary hardship upon the applicant, or that the specific proposed use or uses and the area, yard, height and other specific details of the proposed development are consistent with the emerging Comprehensive Plan. (1) The Sebastian Planning and Zoning Commission is hereby designated as a Special Variance Board to hear applications for a grant of variance from the strict application of Section IV of this ordinance, and recommend to the City Council final action thereon. (2) Any property owner desiring to obtain a variance hereunSer shall apply in writing to the Special Variance Board, directed to the attention of the Chairman of the Board. Applications shall not be required to be in any particular form, but shall contain a full and complete statement of all special facts and circumstances which are relied upon by the applicant as constituting grounds for the issuance of a variance. The Board shall schedule and conduct a public hearing upon all such applications as soon as practicable, and shall promptly render its decision thereon in the form of a written resolution to the City Council recommending final action thereon. (3) The recommendations of the Special Variance Board shall be advisory only and final decision thereon shall be made by the City Council of the City of Sebastian. Recommenda- tions of the Special Variance Board shall be prQmptly forwarded to the City Council in order to appear on the agenda of a regular or special City Council meeting scheduled to be held within thirty days after rendition of the recommendations of the Special Variance Board. The City Council shall take prompt action to consider all such recommendations presented to it and shall either accept, accept with modifications or reject the recommendations of the Board. (4) In considering any requests for variances from the strict application of Section IV on the grounds of hard- ship, the Special Variance Board and the City Council shall esamine the effect of any special circumstances causing unique and unnecessary hardships hereunder; and shall evaluate the time, effort and expenditure of the applicant or his agent therefor that has been devoted to securing a building permit, subdivision plat or replat, planned unit development or request for a zoning change and any City department approvals on any procedural steps or processes prior to the enactment of this ordinance° (5) In considering any requests for variances from the strict application of Section IV on the grounds of consistency with the Comprehensive plan, the Special Variance Board and the City Council shall examine the status of said plan and the likelihood that the proposed development will be inconsistent with said plan. A denial of a variance which was requested on the grounds of consistency with the Comprehen- sive plan shall be without prejudice to request the same variance at a later date if the proposed plan is materially amended such that the proposed development is no longer inconsistent with the plan. SECTION VII. This ordinance shall stand repealed as of 11:'59 p. m. on the 90th calendar day after the date of adoption unless sooner repealed; provided, that nothing herein shall prevent the readoption or ratification of this ordinance in the same or similar form. During the effective period of this ordinance, all other ordinances and resolutions of the City of Sebastian or portions thereof in conflict with this ordinance are declared to be suspended to the extent of such conflict. SECTION VIII. The City Clerk shall cause this ordinance to be published by title only once in a newspaper of general circulation in the City as soon as practicable after adoption. -7- SECTION IX. This Ordinance shall take effect immediately upon becoming law. SECTION X. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this Ordinance. I HEREBY CERTIFY that the foregoing Ordinance was passed by the City Council of the City of Sebastian, Florida, on the ~~day of ~ , 1981. Council Members voting in FAVOR AGAINST o Mayor, City of Se~~ ATTEST: City- Cl~k ~ ~ I HEREBY CERTIFY that this Ordinance was published by title only in the Vero Beach Press-Journa~,a newspaper of general circulation in the City, on the ~ day of ~ 1981; and that the foregoing Emergency Ordinance was duly passed and adopted by the City Council of the iCity of Sebastian, Florida, on the ~~ day of ~ , ~ityZCl~k ~