HomeMy WebLinkAboutO-95-26ORDIN~C~- NO..~.~L,~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A,
SECTION 20A-3.8(A) d(8) OF THE CITY OF
SEBASTIAN LAND DEVELOPMENT CODE TO AMEND THE
REAR YARD LANDSCAPE REQUIREMENTS~ TO PROVIDE
SUFFICIENT SCREENING FROM THE ZONING
DISTRICTS; TO MAKE CORRECTIONS IN THE LAND
DEVELOPMENT CODE; 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 SEBASTIANt FLORIDA~ PROVIDING A
SEVERABILITY CLAUSE~ PROVIDING FOR
HATIFICATiON~ AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that it is in the public interest to amend the rear
yard landscape requirements to provide sufficient setbacks from
other zoning districts; and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that Section 20A-3.8(A) of the Code of Ordinances, City of
Sebastian, Florida, should be amended to clarify and restate the
language in the Land Development Code.
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-3.8(A) 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-3.8(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 inG~uded in C-51Z 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 1.89
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 C.R. 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-four (44) feet of
road frontage.
2. Traffi~..impacts alpn~ 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 parki~q, and controlled CU~ 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 relatively
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 civic 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 alcoholic beverages) and accessory uses.
C. Conditional .us~. 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
recreational 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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size a~ dimension criteria:
Minimum lot ~ize: None; except twenty thousand (20,000)
square feet for new subdivisions approved subsequent to
the adoption of this ordinance.
Minimum 10t width: None; except one hundred twenty-five
(125) feet for the new subdivisions approved subsequent
to the adoption of this ordinance.
Minimum lot depth: None; except one hundred sixty (160)
feet for new subdivisions approved subsequent to the
adoption of this ordinance.
M~ximum beiqht: 35 feet.
Min.~mum building ~.~tbacks from D~Derty lines;.
(a)
(b)
(c)
Front yard: Abutting C.R. 512: 74 feet.
Ail other front yards: 10 feet.
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.
(Ord. No. 0-93-01, § 20,2-24-93)
~aximum...buildi~a coverage: 35 percent
Minimum QDen space CDervious...surfacek: 20 percent.
Rear yard !.andsca9e req~.irements: A rear yard buffer
strip shall be required pursuant to subsection 20A-10.2F
in order to provide screening of the district from
residentially zoned property.
E. Unified oontrol of land. Ail development proposals
having 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 ~omD!iance with master Darkinq and curb cut
cont~ol~lan (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. All 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 or the City Council.
H. Compatibility of building lines. No principal structure
within 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.
(Ord. No. 0-87-23, § 1, 1-13-88; Ord. No. 0-90-08, § 1, 9-12-90)
Section 2. All provisions of the City of Sebastian Land
Development Code which are not specifically amended by this
Ordinance are hereby ratified and confirmed.
~ect~on 3, 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 4. 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 5. This Ordinance shall become effective immediately
upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY DF SEBASTIAN, FLORIDA, ON
PASSED AND ADOPTED BY THE CITY COUNCIL'6F THIS CITY OF SEBASTIAN,
SECOND AND FINAL READING, THIS ~.~-~..~ DAY OF
FLORID~,~ ON
,
7
The foregoing Ordinance
Councilmember ~ ...... ~.. .
by Councilmember
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 Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed and
adopted this j:~"~ day of ~...~/~.i? , 1995.
ATTEST:
~a~hryn~ M. O'H~lloran, CMC/AAE
· (Seal)
· '-Approved as to' Form and Content:
elifton ~. Mc¢~elland, ~r.
City Attorney
Arthur L. Firtion, Mayor