HomeMy WebLinkAboutO-97-18ORDINANCE NO. O-97-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORH)A, AMENDING SECTIONS 20A-10.2.G. AND 20A-
10.2.H.3. OF THE LAND DEVELOPMENT CODE RELATING TO
PROCEDURES REGARDING APPLICABiLITY AND FILING
PROCEDURES FOR SITE PLANS, CONSIDERATIONS IN
REVIEWING SITE PLANS, FLOOD PRONE LAND AND WETLAND
PRESERVATION, DEFINITIONS, SURFACE WATER
MANAGEMENT PERMIT APPLICATION AND REVIEW
ADDmONAL CONSIDERATIONS IN SITE PLAN REVIEW,
INFORMATION TO BE INCLUDED IN A SITE PLAN, APROVAL,
DISAPPROVAL AND APPEALS, AND TERMINATION,
EXTENSION AND TRANSFERABiLITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABiLiTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Developmem Code relating to procedures regarding applicability and filing procedures
for site plans, considerations in reviewing site plans, flood prone land and wetland preservation,
definitions, surface water management permit application and review, additional considerations
in site plan review, information to be included in site plan, approval, disapproval and appeal,
and termination, extension and transferability; and
WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE 1T ORDAINED BY THE CITY COUNCiL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-10.2.G. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Flood prone land and wetland preservation. In order to promote and preserve
natural hydrological conditions and to preserve water recharge areas, water supply
and water quality, and natural habitats, the following regulations shall be applied to
wetland areas:
1. Floodprone land. Construction in flood prone areas shall comply with the
city's flood plan management policies.
2. Wetland defined Wetland areas are defined by Florida Statute.
3. Wetland development restrictions and interpretations. No development
activity shall be allowed in a wetland area unless it is permitted pursuant to
State and Federal law.
Applicants for site plan review shall have an opportunity to so demonstrate that
any wetland designations within the confines of their property no longer function
as wetlands as defined above. The urban forester, and the soil conservationist as
well as representatives of the State Department of Environmental Regulation, U.S.
Army Corps of Engineers and the St. John's River Water Management District
may be made a part of the site plan review process to assist in identifying and
delineating wetlands. The applicant may request that a waiver of the provisions of
this section be granted by the planning and zoning commission for small isolated
marginal wetlands for which the developer shall provide viable compensatory
preserve areas which mitigate against a loss of viable wetland systems. The
planning and zoning commission shall consider the recommendation of the city
engineer prior to taking action on such a request and shall grant the same only in
the case of an overriding public interest. Finally, this section shall not prevent the
construction of one single-family home on existing lots of record.
Section 2. Section 20A-lO.2.H.3. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Development project: Any man-made change or improvement to land
which increases the amount of impervious cover or results in the change in
elevation of any portion of the land or changes the existing stormwater
system and flood management system. A development project shall include
but shall not be limited to all projects which require full site plan, major
modification of a site plan or subdivision approval under the City Code of
Ordinances.
and
and
Floodway: The normal channel of a watercourse and the adjacent land
areas that must remain unobstructed to convey the regulatory flood
discharge without raising flood elevations above specified levels as
determined in subsection 20A-10.2(H)(7)(s)(i through vi).
Wetland: Wetlands are defined by Florida Statutes.
Section 3. CODIFICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section4. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 5. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective on July
1, 1997.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORID& ON
FIRST READING, THIS DAY OF ~~ ~ , 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS/_.~DAY OF ?'~g/ , 1997.
The foregoing Ordinance was/f '/moved for adoption by Councilmember
/. ,~.'.~.. The motion was seconded by Councilmember
./~(.~.~r d and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this/./_~day of
/~/ ,1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
ATTEST:
Kathi3m !~[' ~5'Hall~ran, (~MC/AAE
_ (seal) -....
/~pprbved as to:;F0_~-~._- and Contem:
Valerie
City Attorney