HomeMy WebLinkAboutO-92-01ORDIN]~CE NO. -" 0-92-0'1
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO
CONDITIONAL USE CRITERIA FOR CHILD CARE FACILITIES~
AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE L~ND
DEVELOPMENT CODE PERTAINING TO THE MINIMUM FENCED AREA
THAT MUST BE AVAILABLE FOR USEABLE OUTDOOR RECREATION
PURPOSES AT A CHILD CARE FACILITY~ 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 A SEVERABILITY
CLAUSE~ AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the city of Sebastian has
determined that it is in the best interests of the City and its
citizens that the current conditional use criteria for a child care
facility be modified to reduce the current amount of useable
outdoor recreation area in order to allow for the increase of child
care facilities, while retaining standards that maintain the
suburban character of the city of Sebastian area; and
WHEREAS, the City Council of the City of Sebastian has
received input at the December 18, 1991 City Council Meeting as to
the proper criteria that would achieve the objectives of the City
Council to utilize standards that provides for quality child care
facilities which do not prevent the expansion of additional child
care facilities needed for the children of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 20A-6.1.C..3.b.(6) of the Land
Development Code of the city of Sebastian is hereby amended by
deleting the existing Section 20A-6.1.C.3.b.(6) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"(6) A fenced area of usable outdoor recreation area of not
less than forty-five (45) square feet per child (based on the
maximum capacity of the child care facility as determined by the
applicable Florida laws) shall be provided and such area shall be
delineated on the site plan submitted at the time the application
is filed. For purposes of this provision, the term "usable outdoor
recreation area" shall be limited to the following:
(a) That area not covered by building or required off-
street parking spaces, which is fenced and screened
from adjacent property boundaries.
(b) That area outside the limits of the front yard
setbacks.
(c) Only that area which can be developed for active
outdoor recreational purposes.
(d) An area which occupies no more than eighty percent
(80%) of the combined total areas of the rear and
side yards."
Section 2. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. 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
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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 changed to ,,Section," ,'Article" or
other appropriate designations.
Section 4. BEVER~BILITY. 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 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.
~. EFFECTIVE DATE. This Ordinance
effective immediately upon its adoption.
shall become
The foregoing ordinance was moved for adoption by Councilman
Councilman ~
the vote was as follows:
The motion was seconded by
and, upon being put to a vote,
Mayor W. E. Conyers
vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
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The Mayor thereupon declared this Ordinance duly passed and
!
ATTEST:
Kathry~M. O'Hailoran, CMC/AAE
City Clerk
(SEAL) ~
CITY OF SEBASTIAN, FLORIDA
-W. E. Co7, 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 two public heariDqs were held on
this Ordinance at 7.00~p..m." on the /2~day of ~~ , 1992,
and the_~ day of ~ , 1~, and that following said
public hearing this Ordinance'was passed by the City Council.
KathrynJM. O'Ha~'lor~h, CMC/AAE
City Clerk
Approved ,~s to Form and Content:
Charles Ian Nash, City Attorney
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