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HomeMy WebLinkAboutO-05-13 ORDINANCE NO. 0-05-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXI TO CREATE DIVISION C, SEBASTIAN BOULEVARD TRIANGLE o VERLA Y DISTRICT REGULA TIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City adopted a Community Redevelopment Plan that provides for a special plan for the Sebastian Boulevard Triangle area; and WHEREAS, full implementation of the plan will require new zoning categories that can only be instituted through an amendment of the Comprehensive Plan, which can only be done under certain time restrictions; and WHEREAS, the City desires to provide a protective zoning overlay to the area until the amendments to the Comprehensive Plan can be processed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That Chapter 54, Article XXI of the City Code, City of Sebastian, Florida, LAND DEVELOPMENT CODE: Performance Overlay Districts is hereby amended to create Division C. SEBASTIAN BOULEVARD TRIANGLE OVERLAY DISTRICT REGULATIONS consisting of Sections 54-4-21.C.1 through 54-4- 21.C.4, to read as follows: DIVISION C. SEBASTIAN BOULEVARD TRIANGLE OVERLAY DISTRICT REGULATIONS Sec. 54-4-21.C.1. Intent. The Sebastian Boulevard Triangle is envisioned as a mixed-use district that will extend the town center outward from its traditional riverfront district into the more recently developed business district along Sebastian Boulevard/County Road 512. As a gateway into the City of Sebastian riverfront district, the triangle area will have an attractive, well maintained, orderly and uncluttered appearance which will be characterized by impressive vegetation and landscaping; complementary buildings and signs with enhanced designs and aesthetic appearances; and a safe transportation system that accommodates mass transit, pedestrians, bicycles, and other transportation alternatives, as well as automobiles. Sec. 54-4-21.C.2. Boundaries ofthe Sebastian Boulevard Triangle Overlay District. The boundaries of the Sebastian Boulevard Triangle Overlay District shall include all the properties included in the Sebastian Community Redevelopment District lying north of the eastbound roadway of the divided right-of-way of the twin pairs of Sebastian Boulevard, and west of the CSX Railway right-of-way. Sec. 54-4-21.C.3. Adoption of Performance Standards. The performance and nonconformity standards set forth for the Riverfront Overlay District in Sections 54-4-21.A.3. through 54-4-2I.A.9. shall apply to properties within the Sebastian Boulevard Triangle Overlay District. Sec. 54-4-21.C.4. Use restrictions. Notwithstanding the provisions 54-4-21.1, the permitted and conditional uses within the various zoning districts of this Code shall be modified for the Sebastian Boulevard Triangle Overlay District to list as follows: CG Zone Permitted Uses: Cultural or civic facilities Churches Clubs and lodges, public and private Business and professional offices, excluding drive-through facilities Medical services Commercial retail <: 20,000 sq. ft. Plant nurseries Restaurants, excluding drive-through facilities Trade and skilled services Hotels and motels Administrative services, public and private Accessory uses to permitted uses Home occupations All uses permitted within the RM-8 Zoning District Conditional Uses: Bars and lounges Commercial retail> 20,000 sq. ft. Business and professional offices with drive-through facilities Farmer's markets Funeral Homes Nursing Homes Child Care Services Utilities, public and private Parks and recreation, public Protective and emergency services, public Restaurants with drive-through facilities Veterinary services Wholesale trades and services Commercial amusements, enclosed Accessory uses to conditional uses Vehicular Sales Indoors Gasoline sales as part of retail operation Parking garages PS Zone {No changes} IN Zone Permitted Uses: Business and professional offices, with or without drive-through mcilities Commercial retail"::: 5,000 sq. ft. Commercial amusements, enclosed Plant nurseries Restaurants with or without drive-through fucilities Trades and skilled services Wholesale trades and services Veterinary services Clubs and lodges, public and private Administrative services, public and private Accessory watchman mcilities Medical services Accessory uses to permitted uses Conditional Uses: Commercial retail with> 5,000 sq. ft. Hotels and Motels Protective and emergency services, public Parks and recreation, public Parking garages Utilities, public and private Commercial amusements, unenclosed Flea markets Electronics, research & development, and similar uses" 5,000 sq. ft. Vehicular Sales Enclosed All uses permitted within the RM -8 Zoning District Accessory Uses to conditional uses Section 2. All code provisions in conflict herewith are repealed. Section 3. In the event a court of competent jurisdiction determines that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, causing the same to remain in full force and effect. Section 4. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember M 0 n i e r . The motion was seconded by Councilmember Bur k e e n and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council member Lisanne Monier Council member Andrea Coy Councilmember Sal Neglia aye aye aye aye absent The Mayor thereupon declared this Ordinance duly passed and adopted this 22 n <l:Iay of June, 2005. ATTEST: CITY OF SEBASTIAN, FLORIDA tl>n- - , B,A# Mayor Nathan B. McCollum iO,MMC Approved as to form and legality for reliance by the City of Sebastian only: