ORDINANCE 01-15 AN ORDINANCE OF THE CITY COUNCIL OF DEBARY, FLORIDA, AMENDING THE CITY S COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT TEXT AMENDING COMPREHENSIVE PLAN POLICY 5.406 CONCERNING THE SOUTHEAST MIXED USE AREA (SEMUA) AND COMPREHENSIVE PLAN POLICY 5.407 CONCERNING THE TOD OVERLAY DESIGN DISTRICT; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Article VIII, 2, Constitution of the State of Florida, as revised in 1968, grants to municipalities those governmental, corporate and proprietary powers necessary to conduct municipal government, perform municipal functions, and render municipal services, and further authorizes such municipalities to exercise any power for municipal purposes, except as otherwise provided by law; WHEREAS, Chapter 166, Fla. Stat., the Municipal Home Rule Powers Act, further affirms the authority and jurisdiction granted to municipalities by the Florida Constitution and establishes the home rule authority of such municipalities; WHEREAS, Chapter 163, Fla. Stat., Part II, known as the Community Planning Act (the Act ), requires, authorizes, and empowers municipalities to prepare, adopt, amend and enforce Comprehensive Plans to guide development within the City and further authorizes the City Council of the City of DeBary to plan for the City s future development and growth, to responsibly guide the future growth and development of the City, to implement adopted or amended Comprehensive Plans by the adoption of appropriate land development regulations, and to establish, support and maintain procedures to carry out the provisions and purposes of such Act; WHEREAS, the Local Planning Agency, has, in the preparation of the proposed amendments to the City s Comprehensive Plan performed or caused to be performed the necessary studies and surveys, collection of appropriate data, and the holding of such public hearings, work shops and meetings as required by law, and has effectively provided for public participation, notice to real property owners, broad dissemination of proposals and alternatives, opportunity for written comments, open discussion, communication programs, information services, and consideration of and response to public and official comments; WHEREAS, the City finds it is in the City s best interest to amend the Policies of the City of DeBary Comprehensive Plan, Future Land Use Element Text concerning policies, as fully described in Section below. WHEREAS, the Amendments adopted by this Ordinance are internally consistent with the City of DeBary Comprehensive Plan and its goals, objectives and policies and are in compliance with the Act; and City of DeBary Comprehensive Plan Amendments Page 1 of 3
WHEREAS, the City Council held the required public hearings for adoption of the proposed Comprehensive Plan Amendments to receive and consider comments related to the Amendments; and WHEREAS, based on the matters of record received by the City Council at the required public hearings after proper notice and finding that the proposed Amendments meet the requirements of the Act, the City Council, in the exercise of its home rule and statutory authority, has determined it necessary and desirable, in order to protect the public health, safety and welfare, to adopt these Amendments to the City s Comprehensive Plan. IT IS HEREBY ORDAINED BY THE CITY OF DeBARY AS FOLLOWS: SECTION 1: RECITALS/INTENT. The City of DeBary hereby amends the City of DeBary Comprehensive Plan are adopted pursuant to 163.3184, 163.3187, and 163.3191, Fla. Stat and are adopted in conformity with and pursuant to Chapter 163, Florida Statutes, and Chapter 9J-11, Florida Administrative Code. The recitals set forth above are true and correct, and constitute legislative findings of the City Council. SECTION 2: ADOPTION. The City of DeBary hereby amends the text of the Future Land Use Element of the City of DeBary Comprehensive Plan to amend Policy 5.406 and Policy 5.407 in accordance with Exhibit A attached hereto and incorporated as fully set forth herein by this reference (underlined language is being inserted; strikethrough language is being deleted; and provisions not included are not being affected). SECTION 3: RATIFICATION. The applicability and effect of the City of DeBary Comprehensive Plan shall be as provided by the Local Government Comprehensive Planning and Land Development Regulation Act, 163.3161 through 163.3215, Fla. Stat., and this Ordinance. Except to the extent amended hereby, the City of DeBary Comprehensive Plan is hereby ratified, confirmed, and shall remain in full force and effect. SECTION 4: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. SECTION 5: CONFLICTS. This ordinance shall supersede any ordinances in conflict herewith to the extent that such conflict exists. SECTION 6: SEVERABILITY. If any part of this ordinance is found to be invalid, preempted, or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such invalid, preempted, or superseded part. City of DeBary Comprehensive Plan Amendments Page 2 of 3
LOCAL PLANNING AGENCY PUBLIC HEARING on the of 2015 FIRST READING AND PUBLIC HEARING on the of, 2015 SECOND READING, PUBLIC HEARING AND ADOPTION on, 2015. CITY COUNCIL CITY OF DEBARY, FLORIDA ATTEST: Clint Johnson, Mayor Dan Parrott, City Clerk s:\aka\clients\debary,city of\concurrency & growth management d334-20244\text amendment to policy 5-406 march 2015\ordinance amending policy 5.406 and 5.407 03-09-2015.doc City of DeBary Comprehensive Plan Amendments Page 3 of 3
Strategic Plan Goal: Transit Oriented Development Advancement and Implementation of TOD Overlay District Steps to implement Strategic Plan Goal: Development of Transit Oriented Development 1. Hire an Economic Development Practitioner to implement the recommendations of the ECFRPC Study and the Team Volusia Boyette Study and to market development of the TOD area. In progress- 2. Implement Recommendations (outlined below) of the East Central Florida Regional Planning Council TOD Economic Development Strategic Plan to make certain amendments to the comprehensive plan and land development code. Recommendations from the (ECFRPC) TOD Economic Development Strategic Plan: a) Amend Future Land Use Policy 5.406(a)(5) of the comprehensive plan and Section 5-130(c) General Applicability of the LDC to make TOD development mandatory and not optional. DeBary TOD criteria is currently considered optional, which according to the strategic plan is a deterrent to reaching the desired densities and could create haphazard and leap frog development. Also, in order to effectively implement a TOD Master Plan, TOD development would need to be mandatory. b) Amend Future Land Use Policy 5.406(a)(5)(c)(iv) and Section 5-131(d) of the Land Development Code to reduce minimum density requirements due to the suburban nature of the area and to provide for more flexibility. The plan argues that the suburban nature of this area and the high number of vacant properties could act as deterrents to the realization of the higher densities. In most small-to-medium size communities, the market for high density housing and office buildings, which are inherently more expensive to build than lower density buildings, is often limited. Therefore, it is recommended to reduce the minimum density requirement in the Core district from 16 du/acre to 12 du/acre and in the outside core district and transitional areas from a minimum density of 14 du/acre to 8 or 9 du/acre minimum. These would still be minimums so developers could still choose to develop at higher densities. c) The plan recommends amending the Land Development Code, Section 5-133(b)(1) Lot Requirements to require minimum lot widths as a tool to promote the consolidation of parcels since the DeBary TOD area has a number of smaller lots. It also recommends revising the regulations to establish maximum lot sizes for single family residential to encourage the highest density possible. d) Amend the Land Development Code, Section 5-131(b)(2) to revise permitted uses to: Allow light industrial and manufacturing uses in the outside core and transitional areas. Allow warehouse and flex space uses as special exception uses with strict standards in the outside core and transitional areas in order to attract employers and create an employment center as a destination for commuters. Also recommended by the 2008 PB Placemaking Study. PB Placemaking suggests a low density employment center/office district. Revise permitted uses to only allow catering businesses in the outside core and transitional areas since these businesses have a lot of deliveries and use box trucks, which do not foster a pedestrian environment. Allow campus employment, customer service centers, call centers, back office operation centers as permitted uses in the outside core and transitional areas of the TOD.
e) Amend Section 5-131(c) Land Use Distribution to add maximum land use percentages for additional permitted uses listed above i.e. light industrial uses and campus employment. (f) Amend Section 5-133(b)(2) Setbacks and Building Heights to increase maximum allowable building heights in the TOD area. The plan states that higher building heights are needed to support desired density. The ECFRPC recommends increasing building heights to allow up to four (4) stories. The code currently limits the maximum building height to 3 stories for multi-family use but does allow a maximum height of 45 ft. for mixed use and hotel in the core and outside core areas. 3. Develop a TOD Master Plan inclusive of a market analysis, capital improvements program and land use plan. The FY 14/15 City Budget includes funding for development of a master plan. The master planning process will also evaluate existing studies and include identification of possible private/public partnership opportunities and funding sources for needed capital improvements.
Exhibit A Policy 5.406 In addition to the conventional future land use classifications, the following MIXED USE CLASSIFICATIONS are hereby established and are subject to the use and development policies described: a. Southeast Mixed Use Area (SEMUA) - This area is located along US Hwy 17/92 south of Dirksen Drive, and includes the extensive undeveloped land and open space area to the east of the US Hwy 17/92 strip, as well as many previously developed smaller parcels west of US Hwy 17/92. The SunRail Commuter Rail is also centrally located within this land use classification. This area is now The area is currently characterized by a mix of heavy commercial; heavy and service industrial; commercial, with and limited residential uses sparsely arranged throughout. The appropriate uses and development standards for this area include the following: 1. 1. Permitted uses include office commercial, light industrial and medium density residential along US Hwy 17/92, with medium density residential to the east. Hotel and conference center uses, with associated residential and commercial development may also be permitted. Light industrial and office development may be permitted to the east of the US Hwy 17/92 strip if part of a larger development including hotel and conference center uses. Permitted uses include Commercial/Office, Commercial/Retail, Industrial/General, Public/Institutional and Residential. A combination of these uses may be permitted in mixed-use development projects within the SEMUA Future Land Use Designation. Hotel and conference center uses may be permitted as part of a mixed-use development that includes residential and commercial development. 2. Retail development may be permitted as an accessory part of a larger development, but not as a freestanding use. catering to customers outside of the development. Notwithstanding this, a neighborhood commercial center may be located in the vicinity of the Benson Junction Road/US Hwy 17/92 intersection provided that it follows (in time) the development of a single major development or several smaller developments along US Hwy 17/92 or to the east of US Hwy 17/92. 3. Any development will be approved through the planned development process, and shall either require necessary infrastructure (particularly water and sewer) to be in place or will include a condition requiring adequate infrastructure before construction of any phase. 4. 2. Intensity of non-residential use shall be limited to a floor-area ratio (FAR) of 2.0 to 1. Residential density shall be limited to 8 10 DU/acre. Overall residential development within the area shall consist of a minimum of 40 percent and maximum of 80 percent residential, and overall employment use development shall consist of a minimum of 20
percent and maximum of 50 percent of employment uses (defined for this purpose as office and industrial uses) along with hotel and conference center. Retail commercial uses shall be limited to 10 percent. Land use percentages shall be calculated based on acreage for the entire SEMUA, excluding land area developed under the SEMUA/TOD Overlay alternative development option (item 5 below) and shall be implemented through the Land Development Code. 3. Design guidelines for development within the SEMUA that are not within the TOD Overlay District shall be established within the City s Land Development Code, South S.R. 17/92 Overlay District. 5. 4. Southeast Mixed Use Area/Transit-Oriented Development Overlay District (SEMUA/TOD) A transit-oriented overlay district within the SEMUA is hereby established as depicted on the Future Land Use Map. It is the intent of this overlay district to guide the area into an economically sustainable development pattern. Allowing for a diversity of land uses, along with clear design guidelines, can contribute to a successful development area with the added potential of attracting greater investment. In addition to the permitted mixture of land uses, the City shall adopt design guidelines in the Land Development Code consistent with Transit Oriented Development that promote a compact, urban form which is conducive to a more pedestrian friendly, transit oriented, mixed use environment. New development guidelines shall include, but not be limited to, standards for height, building placement, setbacks, architectural style, building materials, landscaping, impervious area, parking, block size and transportation infrastructure. All new development within the SEMUA/TOD Future Land Use Overlay designation shall comply with the adopted TOD Overlay design guidelines within the City s Land Development Code. The TOD overlay district will serve as an opt-in incentive based district which overlays but does not supersede existing land use and zoning districts. As an overlay district a property owner/developer may choose between the TOD overlay or their existing, underlying future land use and zoning. a. Within the overlay district, properties may develop under the requirements of the SEMUA as provided in items 1 through 4 above. b. The SEMUA/TOD encourages compact mixed use, aesthetic design and a quality pedestrian environment around the DeBary Commuter Rail Station and along US Hwy 17/92. c. a. Development within the SEMUA/TOD Future Land Use Designation Overlay undertaken pursuant to the TOD development option is not subject to items 1 through 4 above, but shall comply with the following standards and requirements. Land use percentages shall be calculated based on acreage for the entire SEMUA/TOD area (or portion thereof as indicated) and shall be implemented through the Land Development Code.
i. Commercial Retail and Services - Maximum 40 percent within ¼ mile of the DeBary Commuter Rail Station; and maximum 12 percent within the remainder of the SEMUA/TOD. ii. Office Minimum 10 percent within SEMUA/TOD; maximum 40 percent within ¼ mile of the DeBary Commuter Rail Station and maximum 20 percent within the remainder of the SEMUA/TOD. iii. Hotel/Conference Center Maximum 10 percent within SEMUA/TOD. iv. i. TOD Residential (14 8 to 32 DU/acre) Minimum 30 percent and maximum 65 percent within SEMUA/TOD. The highest residential density shall be concentrated within ¼ mile of the DeBary Commuter Rail Station with a minimum 16 10 DU/acre to a maximum 32 DU/acre. In the remainder of the SEMUA/TOD, residential density shall be a minimum of 14 8 DU/acre to a maximum 20 DU/acre. Residential densities below these minimum density requirements may be allowed for sites with constraints (such as size and parcel configuration) that affect the ability to achieve the minimum densities. A process and specific criteria shall be established within the Land Development Code to consider such requests for lower densities. v. ii. The minimum floor-area ratio (FAR) for non-residential uses throughout the SEMA/TOD shall be 0.3. The maximum floor-area ratio (FAR) for non-residential uses throughout the SEMUA/TOD shall be 2.0 to 1. vi. iii. Minimum FAR exceptions may be made for small or irregular shaped parcels. vii. iv. Mixed-use density/intensity calculations: Gross residential and non-residential development density and intensity shall be calculated based on the percentage of development dedicated to residential versus nonresidential use. viii. ix. v. Development shall comply with the provisions specified in the TOD Overlay Design District (see Policy 5.407). vi. The City shall research and consider incentives for development under the SEMUA/TOD Overlay District alternative development option, including but not limited to economic incentives, expedited permitting, and development and infrastructure standards to enhance the
physical and economic feasibility of transit-oriented and pedestrian-friendly development. These incentives shall be further addressed in the Land Development Code. x. vii. Transit-supportive land uses include, but are not limited to the following: apartments; live-work units; townhouses; single-family houses; affordable housing; lodging, retail stores; restaurants; banks; private offices/professional businesses; government offices; medical centers; high schools and post-secondary institutions; child-care centers; libraries; recreational and cultural facilities; theatres; public spaces; and other facilities. 5. Pre-existing agricultural uses within the SEMUA shall be permitted to continue subject to compliance with the provisions (including density and intensities) governing the Agricultural/Rural (A/R) future land use classification until development occurs in accordance with the uses, intensities and densities set forth above. Policy 5.407 The City shall adopt a TOD Overlay Design District within the Land Development Code (LDC) to regulate land developed under the TOD Future Land Use Overlay District alternative development option in order to encourage guide mixed-use, compact development. The TOD Overlay Design District shall regulate the allowable percentages of land use development types and require street design that creates safe public spaces that is safe and is welcoming for pedestrians by using the following guiding principles: a. Street-oriented buildings and location of parking lots, if provided, in rear of the building. b. A high proportion of streets where building facades have abundant windows and entrances facing the street and create a human-scaled wall near the lot line. c. Ground-level land uses that support pedestrian activity, such as retail, restaurants and services. d. Safe pedestrian streetscape connections. e. Reduction in the portion of street frontages and right-of-way lined by parking lot, blank walls or empty lots. f. Liner buildings at the street level of parking structures that promote pedestrianoriented environment.