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Home My WebLink AboutO-94-12ORDINANCE NO. 0-94-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-3.12 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE MAXIMUM BUILDING HEIGHT IN THE GENERAL MARINE COMMERCIAL DISTRICT TO PERMIT A MAXIMUM BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE OF INDIAN RIVER DRIVE AND RETAINING A MAXIMUM BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF INDIAN RIVER DRIVE WITHIN THE GENERAL MARINE COMMERCIAL DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE iNCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, has determined that all zoning districts adjacent to Indian River Drive other than the General Marine Commercial District allow maximum building heights of 35 feet west of Indian River Drive; and WHEREAS, the city Council of the City of Sebastian, Florida, finds that it would be in the best interest of the City that Section 20A-3.12 of the Code of Ordinances, City of Sebastian, Florida, be amended to permit a 35 foot maximum building height west of Indian River Drive, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 20A, Section 20A-3.12 of the Code of ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code is hereby amended to read as follows: Sec. 20A-3.12. GMC, General Marine Commercial District. A. Purpose and intent. The GMC, General Marine Commercial District, is established to implement comprehensive plan policies for managing land designated for marine waterfront commercial development. B. Permitted uses. In this district, as a permitted use, a building or premises may be used for only the below stated uses. All applicable provisions of this Code shall be satisfied, including site plan review and performance criteria. Permitted uses: Wet or dry storage of boats, boat sales and rental, marine power sales and service, bait and tackle shops, business and professional offices, restaurants (excluding drive- ins), fish markets, marine related specialty retail sales and services, yacht clubs, medical services and accessory marine related uses. (Ord. No. 0-93-01, § 35, 2-24-93) C. Conditional uses. In this district a building or premises may be used for the following conditional uses upon compliance with all applicable conditions stated in Article VI and all other applicable provisions of this code, including 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: Bars and lounges, waterfront general commercial activities, public parks and recreation, public and private utilities, public protective and emergency services, hotels, motel and transient quarters, and related accessory uses. D. Residential uses as special uses. This district is intended principally to accommodate marine related waterfront commercial needs of the city. Nevertheless, residential uses as specified may be permitted as a special use permit if approved by the city council based on compliance with general criteria regulating special use permits pursuant to section 20A-2.6 and all applicable provisions of this code, including site plan review, performance standards and special criteria cited below: 1. Density: The density shall not exceed twelve (12) units per acre. Land in nonresidential land use shall not be used in calculating residential density. 2. Minimum green area: The minimum green space shall be fifty (50) percent of the land use for residential uses, the same as for any other use within the GMC district as stated in subsection 20A-3.12(E) (6). 3. Minimum living area: The minimum floor area required for a single-family dwelling, excluding porches, terraces, attached garages, carports and other unenclosed areas, shall be one thousand (1,000) square feet. Every single family dwelling unit shall be required to provide a garage or carport. If a carport or similar unenclosed vehicle storage structure is provided then 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. Duplex: 750 square feet per unit; efficiencies: six hundred (600) square feet per unit; one bedroom unit: seven hundred (700) square feet per unit; two (2) bedroom unit: eight hundred fifty (850) square feet per unit; three (3) bedroom unit: one thousand (1,000) square feet per unit; and each additional bedroom: add one hundred (100) square feet per bedroom addition. Minimum side yard setback: A side yard setback of fifteen (15) feet is required. Minimum distance between residential structures on the same lot: 20 feet. Parking and internal circulation: All off-street parking requirements of section 20A-8.2 shall be complied with by both nonresidential and residential uses. Size and dimension criteria: Minimum lot size: None; except ten thousand (10,000) square feet for new subdivisions approved subsequent to the adoption of this ordinance. Minimum lot width: None, except sixty-five (65) feet for new subdivisions approved subsequent to the adoption of this ordinance. 3. Maximum building height: (a) East side of Indian River Drive: Twenty-five (25) feet. (b) West side of Indian River Drive: Thirty-five (35) feet. 4. Minimum building setbacks from property lines. (a) Front yard: 25 feet; provided, however, that the City Council may grant a waiver of this requirement up to a minimum of fifteen (15) feet on lots fronting the Indian River where it is impractical and unreasonable to accommodate such a setback due to the narrow depth of the upland area measured from the front property line to the mean high water line. Notwithstanding anything to the contrary in the foregoing, this provision is not intended to waive the off-street parking and on-site back-up and turnaround area requirements of section 20A-8.2 of this Code. (b) Rear yard: 15 feet. (c) Side yard: 15 feet. (Ord. No. 0-93-01, § 24, 2-24-93) 5. Maximum building coverage: 30 percent. 6. Minimum green area: 25 percent for nonresidential development and fifty (50) percent for residential uses. Where residential and nonresidential development is to be located on the same site, the following pro rata open 5 space requirement shall be enforced: OS = (NRA x .25 TA) + (RA x .5 TA) ( TA ) (TA ) OS = Open space NRA = Nonresidential acreage RA = Residential acreage TA = Total area Section 3. All provisions of the City of Sebastian Land Development Code which are not specifically amended by this Ordinance are hereby ratified and confirmed. Section 4. All provisions of the city of Sebastian Land Development Code which are not specifically amended by this Ordinance are hereby ratified and confirmed. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. If any provision of this Ordinance is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Ordinance shall remain in full force and effect. Section 6. 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 changed to "section", "article" or other appropriate words to accomplish such intention. Section 7. This Ordinance shall become effective immediately upon its adoption. 6 PASSED BY THE CITY COUNCIL OF THE CITY~ASTIAN, FLORIDA, ON FIRST READING, THIS /~ DAY OF , 1994. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS /~. DAY OF The foregoing Councilmember by Councilmember e was -- , moved for adoption by The motion was seconded and, upon being put into a vote, the vote was as follows: Mayor Arthur.L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon declared this ordinance duly passed and adopted this //~ day of ~~ , 1994. CITY OF SEBASTIAN, FLORIDA Arthur L. Firtion, Mayor ATTEST: Ka-thryD/M. O'Hal~°ran, C~C/~AE ~ (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 7