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HomeMy WebLinkAboutO-97-36ORDINANCE NO. 0-97-36 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-4.6. AND 20A- 4.8. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY EXCLUDING WHOLESALE PRODUCTION AND DISTRIBUTION BAKERIES AND CORRECTING A SECTION REFERENCE; 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 Development Code relating to procedures regarding planned unit development by excluding wholesale production and distribution bakeries and correcting a section reference; 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-4.6. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-4.6. PUD(C) Commercial Planned Unit Development. G. Permitted land uses. General Retail Sales and Services, restricted to the following in addition to permitted limited commercial activities: (3) (4) Art shops and supplies. Bakeries, excluding wholesale production and distribution. Bicycle shops. Health and exercise studios. Section 2. Section 20A-4.8. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-4.8. PUD(MIt) Mobile florae Planned Unit Development. D. Size and dimension requirements': 1. Minimum area requirements for a PUD(MH) district: The minimum area allowed for the establishment of a PUD(MH) district shall be ten (10) contiguous acres under unity of title. 2. Minimum allowable density: Density of development within any PUD(MH) district shall be regulated by requirements for streets, common recreation areas, open space adjacent to units, yard sizes, etc.; however, the overall density of development shall not exceed five (5) units per gross acre. In calculating residential density within any PUD(MIt) district, land area may include up to a maximum of fifty (50) percent of the acreage of any water body existing on-site as part of a PUD(MH) district. Notwithstanding, water retention or detention ponds constructed subsequent to site plan approval pursuant to water retention or detention 2 requirements, contained in an approved drainage plan (see section 20A-10.2(H)) may receive one hundred (100) percent credit in calculating residential densities. Limited commercial activities will receive zero (0) credit; common open space areas, one hundred (100) percent credit; common recreational facilities, one hundred (100) percent credit. 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. Section 4. 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, FLORIDA, ON / FIRST READING, THIS DAY OF ~7//~ ~ 1997. PASSED AND ADOPTED BY / THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS~AY OF /U//~ ,1997. The foregoing Ordinance was moved for adoption by Couneilmember ./~ . The motion was seconded by Councilmember ~7 and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes ff/j~/? Vice Mayor Richard J. Taracka C~ Councilmember Louise R. Cartwright (g'~/r~ Councilmember Larry Paul Councilmember Ruth Sullivan ~F~/,_C~ The Mayor thereupon declared this Ordinance duly passed and adopted this~_0t~-aY of 1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor ATTEST: ,'" I~athryn 1~I. O~Ialloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney