HomeMy WebLinkAboutO-90-08ORDINANCE NO. 0-90-08
AN ORDIN]~NCE OF THE CITY OF SEBASTI/~N, INDIAN
RIVER COUNTY, FLORIDA PERTAINING TO COMMERCIAL
ZONING DISTRICTS; /~MENDING SECTION ZOA-3.SA OF
THE LAND DEVELOPMENT CODE TO REPLACE THE
EXISTING CL-512 ZONING DISTRICT WITH THE C-
512 ZONING DISTRICT; REPLACING ALL REFERENCES
TO THE CL-512 ZONING DISTRICT IN THE L~ND
DEVELOPMENT CODE TO THE C-512 ZONING DISTRICT;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVER~BILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the Planning and Zoning Commission and the city
staff has recommended to the city Council of the city of Sebastian,
Indian River County, Florida, that the Land Development Code as it
pertains to the regulation of certain commercial development in a
specific area along the south side of County Road 512 (C.R. 512)
as more specifically provided elsewhere in this Ordinance; and,
WHEREAS, the City staff has concurred with the
recommendations of the Planning and Zoning Commission with certain
minor additional recommendations; and,
WHEREAS, the city Council has determined that the
provisions of Section 166.041(3)(c)1. of Florida Statutes apply to
the amendment to Section 20A-3.8A of the Land Development Code~
embodied in this Ordinance, and that the City Clerk has compliedcD
with the notice requirements contained therein; and, C~
WHEREAS, after holding a public hearing and considering__
all of the information provided, the city Council has determined ~
that the CL-512 zoning district should be replace by a C-512 zoning
District as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that~
S~eection 1,.. Section 2OA-3.SA of the Land Development Code
is hereby amended to read as follows:
"Sec. 20A-3.8(A) C-512, Commercial 512 District.
A. Purpose and intent. The C-512 district is established to
implement comprehensive plan policies for managing land designated
for Commercial (C-512) development along segments of County Road
(CR) 512 below defined:
1. Specific area included in C-512 district. This district
is intended to include all lots abutting the south side of County
Road 512 which are included in the following blocks located within
respective plats of the Sebastian Highlands Subdivision: Blocks
485, 490, 492, 508 and 509 located within Plat Unit 12; Tract A
located within Plat Unit 14; Blocks 188 and 189 located within Plat
Unit 6; and Blocks 185, 186 and 187 located within Plat Unit 8.
The linear distance of the C.R. 512 arterial is approximately ten
thousand (10,000) linear feet or !.89 miles. The district includes
approximately two hundred fifteen (215) platted lots of record,
eleven (11) dedicated roadways intersecting with C.R. 512, and two
(2) dedicated alleys intersecting with C.R. 512. Along the ten~
thousand (10,000) linear feet of CR-512, the existing platted lands~
yield a potential for two hundred twenty-eight (228) total curb
cuts into C.R. 512, an average of one curb cut for every forty-
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four (44) feet of road frontage.
2. Traffic impacts along C.R. 512 corridor. The purpose and
intent of the C-512 district is to provide a well planned and
equitable growth management policy for directing future development
within the impact corridor of the C-512 district boundaries above
defined. The existing pattern of development without such
regulation violates accepted principles and practices of traffic
engineering, county road policies and standards, and adversely
impacts the safety, welfare and convenience of the motoring public.
This statement acknowledges the fact that C.R. 512 is identified
as an arterial highway on the major thoroughfare plans of both the
city of sebastian and Indian River County. Both acknowledge the
fact that C.R. 512 is a major regional transportation facility
linking U.S. 1 and 1-95 and also linking the cities of Sebastian
and Fellsmere with Indian River County and the City of Veto Beach
urban areas to the south.
3. Plan for off-street parking and controlled curb cuts.
The purpose and intent of the C-512 district is also to restrict
the location of curb cuts within the district, require compliance
with a master plan for parking and curb cut control, and regulate
the timing and intensity of land development in order to alleviate
potential traffic congestion along the C.R. 512 corridor. Although
land within this district is at present relativity undeveloped, if
the regulations prescribed herein were not duly adopted, future
development within this district would generate unsafe and
dangerous conflicts in traffic flow along C.R. 512.
B. Permitted uses. In this district, as a permitted use, a
building or premises may be used only for the below stated uses.
All applicable provisions of this code shall be satisfied,
including, but not by way of limitation, site plan review and
performance criteria.
Permitted uses: Limited commercial activities, general
retail sales and services, cultural or civil activities,
places of worship, public or private not-for-profit
administrative services, public or not-for-profit clubs,
business and professional offices, medical services, plant
nurseries, restaurants (excluding drive-in), trade and
skilled services, enclosed commercial amusements (without
alcohol beverages) and accessory uses.
C. Conditional uses. In this district, as a conditional use,
a building or premises may be used for only the following
conditional uses upon compliance with applicable conditions stated
in Article VI and all other applicable provisions of this code,
including, but not by way of limitation, site plan review and
performance criteria. The planning and zoning commission shall
ascertain if such conditions and provisions are satisfied. Appeal
of such decisions shall be heard by the city council.
Conditional uses: Public protective and emergency
services, gasoline sales, public and private utilities,
public parks and recreation areas, child care facilities,
nursing homes, hotels and motels with kitchen facilities in
units, transient quarters with kitchen facilities,
veterinary medical services, and accessory uses.
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and accessory uses.
D. Size and dimension criteria:
1. Minimum lot size: none; except twenty thousand (20,000)
square feet for new subdivisions approved subsequent to the
adoption of this ordinance.
2. Minimum lot width: none; except one hundred twenty five
(125) feet for the new subdivisions approved subsequent
to the adoption of this ordinance.
3. Minimum lot depth= none; except one hundred sixty feet
(160) for new subdivisions approved subsequent to the
adoption of this ordinance.
4. Maximum height= 35 feet
5. Minimum setbacks:
(a) Front yard= abutting CR-512:74 feet
(b) All other front yards: 10 feet
(c) Side yard: None if the building is built to the
side property line(s); otherwise a minimum of 10
feet.
(d) Rear yard: 10 feet.
6. Maximum building coverage: 35 percent.
7. Minimum open space (pervious surface)= 20 percent.
8. Real yard landscape requirements: A rear yard buffer
strip shall be required pursuant to subsection 20A-
10.2F. in order to provide satisfactory screening of the
district from abutting residentially zoned property.
unified control of land. Ail development proposals having
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C-512 designation must demonstrate that all land within the project
is held under common ownership whether the proposal is submitted
by an individual, a trust, a joint venture, an association, a
limited liability company, a partnership or a corporation.
F. Mandatory compliance with master parking and curb cut
control plan (MPCCCP). The MPCCCP is hereby adopted by reference
and shall apply to all developments within the C-512 district (see
Appendix B).
G. Expansion of uses to adjacent lot(s). An existing
permitted land use within the C-512 district may be expanded to an
adjacent lot or lots of less than one hundred twenty (120) feet
width providing that the following conditions are met and the site
plan for the expansion is approved by the planning and zoning
commission:
1. The subject lot or lots shall be under unified
control with the adjoining subject developed
properties pursuant to subsection 20A-3.SA(E);
2. Ail such extensions must be constructed as a
contiguous extension to an existing structure on
the adjoining lot.
3. The proposed development shall comply with all codes
and ordinances of the city of Sebastian and
reasonable conditions affixed to the site plan by the
planning and zoning commission and/or the city
council.
H. Compatlbillty of building lines.
No principal structure
with the C-512 district shall be set back more than eighty-four
(84) feet from the front property line in order to ensure a uniform
pattern of development along the C.R. 512 corridor."
Section 2. The Land Development Code is hereby amended
to change all references in the Land Development Code with respect
to the "CL-512 zoning district" to hereafter refer to the "C-512
zoning district".
Section 3. CONFLIC?. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4, CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Land Development
Code of the City of Sebastian, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and the word "Ordinance" may be change to "Section",
"Article" or other appropriate designations.
Section 5- SEVERABILITY. In the event a court of
competent jurisdiction shall hold or 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 of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be CD
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6~ EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The
Councilman
by Councilman
foregoing Ordinance
was moved for adoption by
. The motion was seconded
and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powel!
Councilman Lloyd Rondeau
The Mayor thereupon d~lared this Ordinance duly passed and
adopted this ~'~ day of ~~L~ , 1990.
ATTEST:
Kathry~. O'Ha~ior~n, CMC/AAE
city Cl~rk
CITY OF SEBASTIAN, FLORIDA.'.'
~W.-E. eonY s, .Mayor' : ..... :'~
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one p~blic hearinq_, was held on this
Ordinance at 7:00 p.m. on the ~day of ~~, 1990, and
that following said public hearing this Ordinande was passed by the
cit~ Council.
~9{hry~ M. O'Halloran, CMC/AAE
C~ty C~lerk
Approv~/~_~and Content:
Charles Ian Nas~ City Attorne~
'"'""'~'~'0'~ CITY OF SEBASTIAN
, P.O. BOX 780127
1225 MAIN STREET
SEBASTIAN, FLORIDA 32978-0127