HomeMy WebLinkAbout2010-074 GLE
.. o ; 13A .
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CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE BEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS ,
Petitioner,
and
INDIAN RIVER COUNTY,
Intervenor,
vs . DOAH Case No . 094154
CITY OF FELLSMERE ,
Respondent,
and
FELLSMERE JOINT VENTURE , LLP ,
BERNARD A . EGAN GROVES , INC . ,
and FELLSMERE ESTATES , LLC ,
Intervenors .
STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the
State of Florida, Department of Community Affairs , Indian River County, the City of Fellsmere ,
Fellsmere Joint Venture , LLP , Bernard A. Egan Groves , Inc . , and Fellsmere Estates , LLC as a
partial settlement of the issues raised in the above- styled proceeding . A complete and final
settlement of all claims will require a comprehensive plan amendment to update the
comprehensive plan to a 2035 long range planning timeframe as described in more detail herein.
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CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
RECITALS
WHEREAS , the State of Florida, Department of Community Affairs (DCA or
Department) , is the state land planning agency and has the authority to administer and enforce
the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter
163 , Part II, Florida Statutes ; and
WHEREAS , the City of Fellsmere (City) is a local government with the duty to adopt
comprehensive plan amendments that are "in compliance ; " and
WHEREAS , the City adopted Comprehensive Plan Amendments (Plan Amendments) by
Ordinance Nos . 08 - 14 and 08 - 15 on May 21 , 2009 ; and
WHEREAS , the Plan Amendments propose to amend the City ' s Comprehensive Plan
(Plan) to establish a new land use category called the Villages of Fellsmere (VOF) ; revise the
Future Land Use Map to apply the VOF designation to approximately 18 , 388 acres of land
annexed into the City ; revise the future land use map to apply the Medium Density Residential
designation to approximately 157 acres of land; amend the Plan to include new and revised
objectives and policies in the Future Land Use Element to allow the development of up to 19 , 750
residential units and up to 8 . 0 million square feet of non-residential development within the area
designated as VOF ; revise the goals , objectives , and policies sections of other Plan elements to
update the long range planning timeframe established in the Plan from 2020 to 2030 ; and revise
the development criteria in Future Land Use Policy FLUE B - 2 . 6 , Low Density Mixed Use
Neighborhood (LDMXN) ; and
WHEREAS , the Department issued its Statement and Notice of Intent regarding the Plan
Amendments on July 17 , 2009 ; and
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J . K . BARTON , CLERK
WHEREAS , as set forth in the Statement of Intent, the Department contends that the Plan
Amendments related to the VOF development are not "in compliance " because they do not
discourage the proliferation of urban sprawl and the City has not adequately planned for the
public facilities to support the development . Additionally, the Department contends that the
Amendment related to the LDMXN land use category is not "in compliance " because it lacks
meaningful and predictable standards in its objective and policies and it is inconsistent with
statutory requirements for energy efficiency and the reduction of greenhouse gas emissions ; and
WHEREAS , pursuant to Section 163 . 3184 ( 10) , Florida Statutes , DCA has initiated the
above- styled formal administrative proceeding challenging the Plan Amendments ; and
WHEREAS , Fellsmere Joint Venture, LLP , Bernard A . Egan Groves , Inc . , and Fellsmere
Estates , LLC have intervened in this proceeding in support of the City; and
WHEREAS , Indian River County (County) has intervened in this proceeding in support
of the Department; and
WHEREAS , the City and Intervenors Fellsmere Joint Venture , LLP , Bernard A . Egan
Groves , Inc . , and Fellsmere Estates , LLC dispute the allegations of the Statement of Intent
regarding the Amendments ; and
WHEREAS , the parties wish to avoid the expense , delay, and uncertainty of lengthy
litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their
respective mutual best interests to do so ;
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties , the
receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree
as follows :
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J . K . BARTON , CLERK
GENERAL PROVISIONS
1 . Definitions . As used in this agreement, the following words and phrases shall
have the following meanings :
a . Act : The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part II, Chapter 163 , Florida Statutes .
b . Agreement : This Stipulated Settlement Agreement .
C . Comprehensive Plan Amendments or Plan Amendments : Comprehensive
plan amendments adopted by the Local Government on May 21 , 2009 as Ordinance Nos .
08 - 14 and 08 - 15 .
d . DOAH : The Florida Division of Administrative Hearings .
e . In compliance or into compliance : The meaning set forth in Section
163 . 3184 ( 1 ) (b ) , Florida Statutes .
f. Notice : The notice of intent issued by the Department to which was
attached its statement of intent to find the Plan Amendments not in compliance .
g. Petition : The petition for administrative hearing and relief filed by the
Department in this case .
h . Statement of Intent : The statement of intent to find the Plan Amendments
not in compliance issued by the Department in this case .
2 . Department Powers . The Department is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the Plan
Amendments are in compliance .
3 . Negotiation of Agreement . The Department issued its Notice and Statement of
Intent to find the Plan Amendments not in compliance , and filed the Petition in this case to that
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J . K . BARTON , CLERK
effect . Subsequent to the filing of the Petition the parties conferred and agreed to conceptually
resolve the issues in the Petition, Notice and Statement of Intent on an interim basis through this
Agreement.
4 . Description of Provisions not in Compliance . Exhibit A to this Agreement is a
copy of the Statement of Intent, which identifies the provisions not in compliance . Exhibit A and
is incorporated in this Agreement by this reference .
5 . Remedial Actions , Exhibit B contains a proposed revision of the Plan
Amendments (VoF Revision) . Exhibit B is incorporated in this Agreement by this reference .
The parties agree that the VoF Revision cannot be adopted unless it is incorporated within a new
plan amendment which updates the Plan to a 2035 long range planning timeframe (Plan Update) .
The City agrees to undertake, and. Intervenors Fellsmere Joint Venture , LLP , Bernard A . Egan
Groves , Inc . , and Fellsmere Estates , LLC , agree to support, the proposal and adoption of the Plan
Update to a long range planning timeframe using the process in section 163 . 3174 ( 1 ) and (4) and
section 163 . 3184 , Florida Statutes , The Plan Update will include and incorporate the Medium
Density Residential future land use map amendment at issue in this proceeding . The Plan
Update will include and incorporate the VoF Revision, but the VoF Revision may require further
modification based on the additional data and analysis associated with the Plan Update, such as
the need for transportation, school and other public facilities and the protection of natural
resources , and the need for internal consistency with the Plan Update . The potential
modifications to the VoF Revision will not include changes to the amount of development in
Phase I or the total amount of development .
6 . Review of the Plan Update . This Agreement constitutes a stipulation that the VoF
Revision, if incorporated into an appropriate Plan Update , is generally in compliance . If the VoF
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J . K . BARTON , CLERK
Revision portion of the Plan Update is consistent with the Plan Update as a whole , and if the
Plan Update as a whole is in compliance , then the Department will issue a cumulative Notice of
Intent to find the Plan Update including the VoF in compliance .
7 . Dismissal . If the Plan Update , including the VoF Revision is adopted by the City
and found in compliance , then the Department will file the cumulative Notice of Intent with
DOAH, along with a Motion to Relinquish Jurisdiction to the Department so that the Department
can enter a Final Order dismissing this proceeding . All parties to this Agreement hereby concur
with this procedure and agree to join in the Motion . If after the adoption of the Plan Update any
actions are necessary to repeal any remaining conflicting portions of the Plan Amendments , the
City shall undertake the appropriate actions .
8 . Retention of Right to Final Hearing . Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this
Agreement shall be deemed a waiver of such right . Any party to this Agreement may move to
have this matter set for hearing if it becomes apparent that any other party whose action is
required by this Agreement is not proceeding in good faith to take that action .
9 . Filing and Continuance . This Agreement shall be filed with DOAH by the
Department after execution by the parties . Upon the filing of this Agreement, the administrative
proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with
Section 163 . 3184( 16) (b) , Florida Statutes ,
10 . Purpose of this Agreement , Not Establishing Precedent . The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the Plan Amendments . The acceptance of proposals for
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J . K . BARTON , CLERK
purposes of this Agreement is part of a negotiated agreement affecting many factual and legal
issues and is not an endorsement of, and does not establish precedent for, the use of these
proposals in any other circumstances or by any other local government.
11 . Approval by Governing Body, This Agreement has been approved by the City ' s
governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper
of general circulation in the manner prescribed for advertisements in Section 163 . 3184 ( 15) (e) ,
Florida Statutes . This Agreement has been executed by the appropriate officer as provided in the
City ' s charter or other regulations .
12 . Changes in Law . Nothing in this Agreement shall be construed to relieve either
party from adhering to the law, and in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or regulation shall take precedence and
shall be deemed incorporated in this Agreement by reference .
13 . Other Persons Unaffected . Nothing in this Agreement shall be deemed to affect
the rights of any person not a party to this Agreement . This Agreement is not intended to benefit
any third party .
14 . Attorney Fees and Costs . Each party shall bear its own costs , including attorney
fees , incurred in connection with the above - captioned case and this Agreement . This provision
shall not affect any fee and cost arrangement among any of the parties .
15 . Effective Date . This Agreement shall become effective immediately upon
execution by the last party.
16 . Construction of Agreement . All parties to this Agreement are deemed to have
participated in its drafting . In the event of any ambiguity in the terms of this Agreement, the
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J . K . BARTON , CLERK
parties agree that such ambiguity shall be construed without regard to which of the parties
drafted the provision in question .
IT Entire Agreement . This is the entire agreement between the parties and no verbal
or written assurance or promise is effective or binding unless included in this document .
18 . Governmental Discretion Unaffected. This Agreement is not intended to bind the
City in the exercise of governmental discretion which is exercisable in accordance with law only
upon the giving of appropriate public notice and required public hearings .
19 . Multiple Originals . This Agreement may be executed in any number of originals ,
all of which evidence one agreement, and only one of which need be produced for any purpose .
20 . Captions . The captions inserted in this Agreement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
In witness whereof, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized .
DEPARTMENT OF COMMUNITY AFFAIRS
By Charles Gauthier, Director Approved as to form and legality :
Division of Community Planning
Assistant General Counsel
Date Date
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CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
CITY OF FELLSMERE
By : m
Approved as to forand legality :
[Name ]
[Title ] Warren Dill , Esq .
Date -- Date
INDIAN RIVEWCCCI �Nr[ - rr,
2.1
r ' ' , = . . Approved as to form and legality :
By / � LJ : GG
B �'� .
',..POy
eter D .
• . �✓ ./ . _
C di: ap ; 41 George Glenn , Esq .
Assistant County Attorney
Date
Date
ATTEST : Jeffrey K . Barton , Cl
By : �,
Deputy Clerk
FELLSMERE JOINT VENTURE , LLP ,
BERNARD A . EGAN GROVES , INC . ,
and FELLSMERE ESTATES , LLC
Approved as to form and legality :
By :
[Name ]
[ Title] Karen Brodeen , Esq .
Date Date
9
08 / 04 / 2009 11 : 08 8509222679R'U9 4 2009 11 : 26
J DCA LEGAL PAGE 07 / 38
k ,
A TRUE COPY STATE OF FLORIDA
CERTIFICATION ON LAST PAGE DEPA11+ TMENT 01~ COhtt]tV1TY ' % t t
J . K . BARTON , CLERK NOTICE OF-Wo T ---
O THE
MY OF FELLSMERE
COMPREHENSWE PLAN AMENDMENT
NOT N COWL NCE
DOCKET NO. 09- I-NOI-3102{A}-(N)
Tho department gives notice of its intent to find the
for the City of F'ellsmere, adopted Amendment to the Comprehensive Plan
COMPLIANCE pursuant to Sectio 163 3184,N63 . 08a 1 � 3 . 3189 F
g� 15 on 1W4Y 21 , 2ao9, NOT tiv
, S.
Tha a+topted City of FeItsmere Cam re '
R�mcndatiorrs, and Cots R p hensive Plan Amendment, the I7epartrnenr's Objections,
Cc�nnprehcnsive !alas Atnendrri (if a"Y), and tho Department's Statement of latent to Find the
Friday, except ew Not Ira ComPliancc will be available forpublic '
exc t for Legal holidays, during normal business hours, at the City ofFellsme�rrr, City Hall.
Cletion Monday d k s�
Oi roe, 21 South Cypress Street, business
Florida 329484714.
This Notice o#' Iment and t� Statemc� of Intent
Administr iven Roarings ( j q of tits Department of Manama f bMar`� by Petition to the B%moa of
adoinhtrah� �S Pusuaat to Sectiow 12t3, S69 and 120, 5y, F St Services for the scheduling of an
hearin will present evidertee and t purpose of the a<imiaistrativa
in its Objections, Recammandat,i �a°°0°y on the
nom omplianca issues alleged by the Lkp ent
Mcomm=ed order for forty �, she AdmiComnis ,Report and Statement of T'ntent in order to secure a
ardittg to the Administration Comaarission.
Affected prrso� may
Peon to iattery
Edd at least twenty l'so days petitsc&m the finel eau m this pig' A petition for in must
described in Uniform Rule 28- 106. 205, F.A. C. Pursua to Section 163, 3184(l a tero a and
contents hearing and must include all of the infbe
ormatiotr and contents
than be lege as a reason to find a plan or plan amm t not in com lranco is )' F. S' ' no now issues may
tftntY one (2 1) days after pubGcatloo of this notice unless the petition to inWVena filed more
alleging such new ' within the t►verr petitioner establishes good cam for not
filed at DOAK 1 ,230 A,pala P � ono (has day time period The petition for mtcrvena'an shall be
to the local 6' ernmerrt and the ' Tallahassee, Florida 32399.30ti0, wd a
artrnmt Failure to petition to intervene cop' mailed er delivered
constitutes a waiver of any nt3 �+ch d person has Dore within the allowed time firame
120.57, F. S., or to participate in the administrative hearing; a beteg pmuant to Sections 120. 569 and
Afkt a4! 63.3 I89( ) Fadestrative hearing petition is timelyfil
ed, mediation is available Pm'suant to Subsection,
the administrative law judo � l ea who is made a party to the proceeding by filing that request with
9ha17 not affect a 8e assigned by the Division of Administrative Hearings, The choice of mediation
Py'e right to an Adrnmrstrative hearing
N44ke ,Maw el, Chief f41==2
Office of Comprehensive Plannit,g
Division of' Cammunity Planning
Dcpaftent of Ccmmunity Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399.2100
ATRUECOPY
CERTIFICATION ON LAST PAGE
,1 . K . BARTON , CLERK
EXHIBIT "B "
A. The City of Fellsmere will rescind the changes to Chapter 1 : Future Land Use
Element, Policy B -2 . 6 : Low Density Mixed-Use Neighborhood (LDMXN) .
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, ; ER -; IFICATION ON LAST PAGE
EXHIBIT "B " tl . K . BARTON , CLERK
B ,
Strikethrough and underline based - upon the adopted version of- Ordinance-08- 14 , May-21 , 2009 (Final SSA Exhibit B , March 18 , 2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Objective B -21 . Villages of Fellsmere (VOF) . The VOF is hereby created as a future land use
category for the FJV property as designated on the future land use map of the Comprehensive Plan .
The Owners , Fellsmere Estates , LLC , Bernard A . Egan Groves , Inc . , and Fellsmere Joint Venture LLP ,
represent collectively that at time of the adoption of the VOF future land use designation they are the fee
" Owners " (the " Owner") of the real property containing 18 , 388 . 27 acres , more or less , and that
such
lands shall be noted as the FJV Properties on the Future Land Use Map and be subject to the following
policies .
The VOF establishes policies for the continuation and expansion of agricultural operations and related
uses while also setting forth a mechanism for the transition of agricultural and rural lands to urban uses
through a development framework that encourages a sustainable settlement pattern that :
• Preserves the heritage and character of the City of Fellsmere ;
• Encourages the preservation of agricultural opportunities while providing more diverse
employment with higher wages ;
• Protects and enhances the natural environment ;
• Provides for a means to achieve water quality objectives within the Indian River Lagoon and
St John ' s River Water Management District ;
• Improves the quality of life of its citizens ;
• Manages water comprehensively throughout the area ;
• Provides an interconnected system of native habitat preserves , greenways , parks , and open
areas ;
• Minimizes reliance on automobile travel ;
• Balances housing with workplaces , jobs , retail and civic uses ;
• Provides a variety of housing types to support residents of diverse ages , incomes , family
sizes , and lifestyles ;
• Creates predictability and efficiency in planning , provision , and long term maintenance of
infrastructure ;
• Allocates infrastructure and public service costs in a fair manner to those creating the need ;
• Sets forth an energy efficient land use pattern by requiring clustered , compact development
patterns that will aid the City in minimizing carbon footprints and greenhouse gasses ; and
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element
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CERTIFICATION ON LAST PAGE
EXHIBIT "B " J . K . BARTON , CLERK
Be
Strikethrough and underline based upon the adopted version of Ordinance 08- 14 , May 21 , 2009 ( Final SSA Exhibit B , March 18 , 2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
• Requires consideration of sustainable , " Green " building and neighborhood design and low
impact site planning practices .
Policy 21 . 1 : Development Allowances . The FJV Properties shall be governed by the conceptual plan
required by Policy 21 . 2 and adopted as an overlay map to the future land use map within the
Comprehensive Plan . The initial phase ( Phase 1 ) shall encompass 7 , 150 acres and be limited to
a
maximum of 8 , 171 residential units and a minimum of 2 , 340 , 000 square feet and a maximum of
6 , 000 , 000 square feet of non -residential uses . Civic uses , institutional uses , schools , as well as
all
development authorized on lands dedicated to the City for targeted industry shall be part of the minimum
and maximum non - residential allowances .
The maximum development allowances across the entire gross acreage of the FJV properties shall be
limited to 19 , 750 units and a minimum of 4 , 000 , 000 square feet and a maximum of 8 , 000 , 000 square feet
of non - residential uses .
All applications for amendment to the VOF for obtaining additional development rights associated with
future phases shall be accompanied by the following :
1 . Planning area — The planning area shall encompass the gross acreage of the FJV property and shall
be provided in the form of a legal description and sketch . The data and analysis outlined below shall
also consider the functional relationships within the Planning Area . .
2 . Conceptual Map —The applicant shall provide a revised conceptual map consistent with Policy 21 . 2
indicating prior, current , and future phase locations and allocations of uses .
3 . Existing use — An analysis of the existing uses shall be provided in both text and graphic format for
the subject property and immediately adjacent properties .
4 . Needs Analysis — To allow the City of Fellsmere to properly plan for future growth and to ensure that
an oversupply of housing or nonresidential space will not occur, a needs analysis shall be provided
specifically addressing the need for future housing and non - residential demand through the planning
horizon .
5 . Environmental Analysis — A preliminary environmental assessment based upon best available data ,
such as aerial map interpretation , soil survey data , agency database searches , shall be provided .
The analysis shall identify potential wetlands and native upland communities that may exist in the
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -2
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EX�IIBIT "B „ CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
Be
Strikethrough and underline based upon -the adopted version of Ordinance 08 - 14 , May 21 , 2009 (Final SSA Exhibit B , March 18 , 2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Planning Area and immediately adjacent properties . The analysis shall address potential linkages of
off-site wetlands and native upland habitats with potential environmental resources on site .
6 . Financial Analysis — To ensure that proposed development is capable of financing the capital needs
of required public infrastructure and to minimize the fiscal impact to the City of Fellsmere , a fiscal
impact analysis shall be provided .
7 . Public Facilities Analysis — To ensure that adequate public facilities (transportation , water , sewer;
solid waste , drainage , recreation , and public schools ) will be maintained , an analysis of the potential
impact shall be provided for the maximum development allowances reflected on the conceptual map
for the current phase allocation .
8 . Potable Water Supply — The application shall contain an analysis of the potable water supply
demands that would result under the proposed phase of the VOF future land use and shall include an
identification of potential sources . The analysis shall include a listing of current water supply permits
that may exist over the subject property .
9 . Stormwater management — To ensure that future development will be consistent with the plans of the
St . John ' s River Water Management District , a summary of the existing and conceptual stormwater
regime for the Planning Area shall be provided . This summary shall contain for the Planning Area
the following information : ( a ) list of current SJRWMD stormwater- related permits on the subject
property , ( b ) discussion of the historic drainage outfall ; ( c ) soil survey data ; (d ) estimated depth
to
water table ; ( e ) review of agency plans for acquisition potential for Stormwater Management Areas ;
and (f) description of the existing and proposed stormwater management system .
Policy 21 . 2 : Conceptual Map . The conceptual map for the entire gross acreage of the FJV property ,
reflected as Figure B . 21 of the Comprehensive Plan , is an overlay to the future land use map and shall
be maintained with the following data :
a . Base Map — Reflecting the existing city boundary and adjacent natural resources , existing public
facilities , and the gross acreage of the FJV property covered by the conceptual map ;
b . Villages - Identification of the number , size , and location of Villages including the amount or range
of residential units and nonresidential square footage allocated to each Village ;
c . Employment Activity Centers - Identification of the number, size , and . location of Employment
Activity Centers including the amount or range of nonresidential square footage allocated to each
Employment Activity Center;
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -3
ATRUECOPY
CERTIFICATION ON LAST PAGE
EXHIBIT "B „ J . K . BARTON , CLERK
Be
Strikethrough and underline based upon the adopted version of Ordinance 08- 14 , May 21 , 2009 (Final SSA Exhibit B , March 18 , 2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
d . Phasing - The identification of the geographic extent and maximum development allowances of
the initial or current phase that corresponds to the site specific objectives and policies and the
general location of all future phases ;
e . Significant Natural Features - General location of the Countryside and its relationship to each
Village including the location . of environmentally sensitive lands to be preserved such as
wetlands , wildlife habitat , greenways and trails , natural water bodies , and similar features ;
f. Public Facilities — General location of future public facilities including location of existing
and
proposed roads ( by number of lanes ) , water and wastewater treatment plants and well fields , and
public schools . The future street network shall be limited to arterial roadways , limited access
parkways , and transit ways ;
Policy 21 . 2 . 1 : Conceptual Plan Phasing . ,The maximum development allowances within the current
and future phases shall not exceed 19 , 750 units . Any development allowances within the FJV property
as part of subsequent phases shall be obtained by an amendment to the Comprehensive Plan to 1 )
amend Policy 21 . 1 to set forth the maximum development allowances within the proposed phases in
accordance with a new demonstration of need and 2 ) revise the conceptual map to identify the
subsequent phase in which the additional development rights will be located . An application for a
comprehensive plan amendment to obtain development allowances for phases subsequent to Phase 1
may be initiated in accordance with the timing relationships of Policy 21 . 4 . 8 for the initial or prior phase
upon application for building permits for 80 % of the residential units and 60 % of the nonresidential
allowance .
Policy 21 . 2 . 2 : Conceptual Map Consistency . The general location of attributes reflected on the
conceptual map may be adjusted as set forth below with future local government approvals . Changes to
the substantive content of the attributes as set forth below may only be accomplished through
a
comprehensive plan amendment to amend the conceptual map .
Consistency with Local Government Approvals Villages — Adjustments to the size of Villages
Base Map — Adjustments to city boundary , within the current phase , up to a 10 % increase in
adjacent natural resources , and existing public size , which does not amend the maximum
facilities . development allowances within the phase .
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -4
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CERTIFICATION ON LAST PAGE
EXHIBIT "B " J BARTON , CLERK
Be
Strikethrough and underline based upon the adopted version of Ordinance 08- 14 , May 21 , 2009 (Final SSA Exhibit B , March 18 , 2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Employment Activity Centers — Adjustments to the Villages - Maximum development allowances or
size of Employment Activity Centers within the the number and location of Villages within the
current phase , up to a 10 % increase in size , which conceptual plan or within the current phase .
does not amend the maximum development Employment Activity Centers - Maximum
allowances within the phase . development allowances or the number and
Phasing - Geographic extent , up to a 10 % change location of Employment Activity Centers within the
in size , of the initial and subsequent phases , conceptual plan or within the current phase except
Significant Natural Features — Adjustments to the as otherwise set forth in Policy 21 . 4 . 6 .
general location of the Countryside and its Phasing - Maximum development allowances of
relationship to each Village . the initial and subsequent phases .
Public Facilities — Adjustments to the general Significant Natural Features - Location of
location of future public facilities including location environmentally sensitive lands to be preserved
of existing and proposed roads , transitways , water such as wetlands , wildlife habitat, and natural
and wastewater treatment plants , well fields , and water bodies .
public schools . Public Facilities — Number of lanes for proposed
Changes through Comprehensive Plan roadways , capacity of water and wastewater
Amendment treatment plants and well fields , and the number of
Base Map — Geographic area (the Planning Area ) public schools by school type ,
covered by the conceptual plan .
Policy 21 . 2 . 3 : Development Process . The FJV Properties are intended to be subdivided into multiple
parcels , each of which are to be developed under the Villages of Fellsmere (VOF ) future land
use
designation . The FJV Properties subject to the VOF shall be developed through the Planned
Development District zoning category , except for agricultural uses , public uses , or private uses in support
of a public recreational use , which may be developed consistent with the underlying zoning .
The Owner shall not develop the FJV Properties for any planned development for five ( 5 ) years from the
effective date of this amendment unless approved as part of a Development of Regional Impact ( DRI ) or
Preliminary Development Agreement ( " PDA" ) under Chapter 380 , Florida Statutes . Notwithstanding , any
development of agricultural operations or Countryside uses outside of the current phase shall be
excluded from the DRI or PDA requirement to the extent allowable by law .
Local government approval for planned development districts will follow processes defined in the Land
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -5
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CERTIFICATION ON LAST PAGE
EXHIBIT "B " J . K . BARTON , CLERK
B .
S.trikethrough and underline based upon the adopted version of Ordinance 08- 14 , May 21 , 2009 ( Final SSA Exhibit B , March 18 ,
2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Development Code and will include the following items :
a . conceptual master plan for all acreage covered by the current phase ;
b , preliminary development plan for the current phase for each Hamlet , Village , Employment
Activity Center , and uses within the Countryside ;
c . final development plans ; and
d . preliminary and final plats .
Policy 21 . 2 . 4 . Master Planning Activities . The following minimum master planning activities must be
submitted for review and approval prior to any development of the FJV properties with the exception of
agricultural uses or Countryside uses outside of the current phase .
a . 5- 10 - 15 Year Capital Improvement Schedule .
b . Master Stormwater Utility Plan as well as a stormwater utility as part of the master
development plan for the FJV Properties .
c . Master Transportation Plan showing arterial , collector and to the extent practical , local
roadways , transit opportunities , and other multi - modal forms of transportation and including
connectivity to the existing local , county , and state roadway network .
d . CR 512 Western Corridor Plan extending from the western terminus of the historic City
boundary to and through the FJV Properties to identify landscape , hardscape , and
streetscape improvements to the City ' s western entry way .
e . Master Greenway/Trails Plan showing interconnectivity with existing and planned
conservation or preserve areas and active and passive recreation and trails systems in
Indian River and nearby Brevard County to the extent access is available or offered by
Indian River County , Brevard County or other governmental agencies .
f. Emergency Response Plan acceptable to the City prior to the issuance of the first Certificate
of Occupancy for any development of the FJV Properties with the exception of agricultural
uses , public uses , private uses in support of a public recreational use .
Policy 21 . 31 VOF Guiding Principles . To prevent urban sprawl , the VOF classification shall only be
applied to the FJV property for its development into a system of compact , mixed - use , pedestrian -friendly
Hamlets and Villages interspersed within the Countryside . The number of Hamlets or Villages shall be
as reflected on the conceptual map . Any future amendments that may affect the number of Hamlets or
Villages shall be determined based upon a minimum Hamlet or Village spacing and minimum
and
maximum Village size as set forth in Table 6 of Policy 21 . 5 . Village or Hamlet spacing shall be measured
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -6
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J . K . BARTON , CLERK
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
from the closest edge of the nearest Village or Hamlet . Villages shall be located along arterial roadways
generally bisecting the Village and shall provide a variety of Village settings based upon size , topography
and proximity to natural or manmade recreational areas .
Policy 21 . 3 . 1 : Village Settlement Principles . Villages shall consist of a series of Neighborhoods
surrounding a mixed - use Village Center containing residential and non - residential uses and including
Common Area uses . The minimum size of any Village within the VOF shall be 1 , 000 acres except for
land lying north of the Phase 1 limits shown in Figure B . 21 in which the minimum Village size
shall be
500 acres . The Villages will be integrated with each other and the historic center of the existing City by
requiring that new local roads and corridors connect to the existing transportation network and existing
grid street pattern while also providing for transit , pedestrian , and greenways linkages . In this way , the
Villages will become natural extensions of the historic urban core of Fellsmere . The components of a
Village shall generally exhibit the following characteristics :
1 . Neighborhood: Neighborhoods will consist primarily of urban residential uses with a variety of
housing types and secondarily of non - residential uses such as bed and breakfast establishments , day-
care facilities , group homes , home based business , limited Common Area uses and live -work units
where appropriate . Urban residential uses are defined in Policy 21 . 3 . 4 .
a . Neighborhood Size . Neighborhoods shall be located immediately adjacent to a Village Center and
shall be scaled upon an approximate five- minute walk radius ( approximately 1 , 800 feet) as
measured from the edge of the Village Center. The shape or form of the Neighborhood is flexible
and responds to physical or geological conditions or unique site design considerations provided
that the approximate 1 , 800 -foot radius benchmark for scale is generally maintained but not
mandatory in all cases based upon geographic ; topological or other factors . All points within a
Neighborhood shall also be within '/- mile of the nearest accessible Common Area active or
passive , public or private recreation or open area .
b . Neighborhood Transition . Within Neighborhoods , residential units shall be clustered through the
progression of higher densities and/or smaller lot sizes from the Village Center to larger lots and
less density near the neighborhood edge . The Neighborhood edge is the area at the outer
reaches of the Village and is generally adjacent to the Countryside . Intensities and densities shall
generally get lower toward the outside edges of the Village as a whole with net densities ranging
from a minimum of net one ( 1 ) unit per acre at the Neighborhood edge to a maximum of net five
( 5 ) units per acre within a Neighborhood adjacent to the Village Center . The maximum lot size
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -7
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EXHIBIT "B " 1A . BARTON , CLERK
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2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
within a Neighborhood shall not exceed 1 -acre , generally near the neighborhood edge . The
average net density within the Neighborhoods shall be three units per acre or greater . For the
purpose of implementing the VOF , net density shall be determined by the number of units within a
specific final development plan divided by the net land area excluding conservation lands ,
passive or active open or recreation lands , roadways , utility or stormwater tracts , and all
nonresidential parcels .
2. Village Center. The Village Center is the recognizable core of the community and shall contain a mix
of each of the following uses : residential , commercial , office , and Common Area uses to serve the public .
Limited impact industries , also known as flex-space , may also be located within Village Centers pursuant
to Policy 21 . 4 . 7 . Village Centers shall be developed under the following principles :
a . Recognizable Center. The Village Center shall contain a recognizable center in the form of a
public or civic focal point that may be a publicly owned square , park , green or plaza
, in
combination with a civic building or a farmer' s market or small - scale Neighborhood retail
uses .
b . Mixed Use . The Village Center shall contain residential , commercial , office , and Common
Area uses and may accommodate limited impact industries and communication facilities
compatible with the mixed use nature of a Village Center . High impact industrial uses are
specifically excluded from the Village Center but shall instead be located in Employment
Activity Centers . Shops with offices or apartments in the upper stories , live/work units and
higher density residential types are also appropriate in the Village Center. Residential units
within the Village Center shall be clustered horizontally and/or vertically and shall be
developed with a minimum net residential density of 5 units per acre . There shall be no
maximum residential density within Village Centers . Final approval of density and intensity
shall rest with the City Council , but in no case shall it exceed the highest limitations set forth
by Policy 21 . 1 . The minimum and maximum percentage mix of uses required within a Village
Center shall be governed by Policy 21 . 3 . 8 . The maximum building height shall be 65 feet .
The maximum floor- area - ratio shall be 4 . 0 . The maximum size of any use within the Village
Center shall not exceed 100 , 000 square feet for a single use within a building . The maximum
hotel/motel density shall not exceed 60 units per net acre .
c . Compact and Accessible : The Village Center shall be compact and appropriate for multi -story
attached buildings designed to accommodate a range of uses over time . The Village Center
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EXHIBIT "B " ,j , K , BARTON , CLERK
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
shall be accessible for pedestrians , bicyclists and motorists and shall be within acceptable
walking distance of and accessible to all Neighborhood residents . The size of a Village
Center shall be governed by the application of the maximum Neighborhood depth pursuant to
Policy 21 . 3 . 1 . 1 . a ; however, the minimum size of a Village Center shall be governed as set
forth in Table 1 below .
Table 1 : Minimum Size of Village Centers
Village Size * Minimum Size of
( range in acres ) Village Center
500 — 750 30 acres
> 750 — 1 , 000 50 acres
> 1 , 000 — 1 , 250 80 acres
> 1 , 250 — 11500 120 acres
* Only Villages north of the Phase I limits may be less than 1 , 000 acres .
3, Common Areas. Within a Village , Common Area uses shall be regulated by their location within
a Neighborhood or Village Center . Within Neighborhoods , Common Areas are limited to schools , places
of worship , group homes , civic or institutional uses serving the demands generated by the use of
a
recreational amenity or open area , and public or private active or passive recreation or open areas .
Such uses may be further regulated through the Land Development Code or Planned Unit Development
to ensure compatibility with adjacent residential uses . Within Village Centers , Common Areas are limited
to schools , places of worship , group homes , not-for-profit uses , public or private active or passive
recreation or open areas , medical facilities , civic or institutional uses such as post offices ,
libraries ,
police , fire , and administrative offices , and civic or institutional uses serving the demands generated by
the use of a recreational amenity or open area . Each Village Center shall contain at least one
civic
building that shall be sited on a location of high public visibility and prominence usually within or around a
public open area or at the termination of vistas . Fire Stations and Police Stations are encouraged to
provide community meeting rooms to enhance their public character. Villages that are required to
provide a school shall locate the school within the confines of the Village . Planning for the school shall
be coordinated with the School Board of Indian River County . Civic uses that are incompatible with the
urban mixed - use character of a Village Center, such as maintenance facilities comparable in intensity to
a high impact industry or central utility systems such as water or sewer plants , shall be
located in
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EXHIBIT "B " J . K . BARTON , CLERK
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Employment Activity Centers . A minimum of 5 % and a maximum of 15 % of a Neighborhood and Village
Center shall be comprised of Common Area uses .
Policy 21 . 3 . 2 : Hamlet Settlement Principles . Hamlets are collections of residential and nonresidential
uses clustered together around a crossroads or water access point that may include rural and urban
residential uses and commercial , office , and limited Common Area uses . Due to their limited size ,
Hamlets are not required to maintain defined neighborhoods but shall instead be regulated by the
location of uses in relation to the crossroad or water access point , which serves as the center of the
Hamlet .
1 . Urban Hamlet Uses: Uses located adjacent to the crossroad or water access point within the
Hamlet Center shall be urban in nature consisting of urban residential uses , commercial , office ,
passive or active recreation or open areas , or limited civic uses . Commercial and office development
is limited to neighborhood commercial or office uses and commercial or office uses in support of
water dependent uses and recreation facilities and may also contain hotels , lodges , bed and
breakfast establishments , day-care facilities , group homes , home based business , and live-work
units where appropriate . The minimum and maximum intensity of nonresidential uses in the Hamlet
shall be regulated by Table 2 . A definition of urban residential uses is provided in Policy 21 . 3 . 4 .
2 . Rural Hamlet Uses : Uses removed from the crossroad or water access point outside of the Hamlet
Center and forming the perimeter of the Hamlet shall be rural in nature consisting of rural residential
uses and passive or active recreation or open areas and may also contain bed and breakfast
establishments . Hamlets shall generally contain a progression of higher densities and/or smaller lot
sizes from the Hamlet Center to larger lots and less density near the Hamlet edge . The minimum
and maximum intensity of nonresidential uses in the Hamlet shall be regulated by Table 2 .
A
definition of rural residential uses is provided in Policy 21 . 3 . 4 .
3 . Common Areas. Each Hamlet is required to have a Civic focal point such as a public park located
adjacent to the crossroad or water access point . The Public/Civic focal points of adjacent Hamlets
shall be located at least 4000 feet apart . Each Hamlet shall have a minimum of 5 % of the Hamlet set
aside for Common Area uses . Uses allowed within the Common Areas shall be limited to public or
private active or passive recreation or open areas , places of worship , civic uses such as government
annex buildings for libraries , police , fire , administrative offices , and civic or institutional uses serving
the demands generated by the use of a recreational amenity or open area .
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 - 10
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EXHIBIT " B " CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
B .
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2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Table 2 . Hamlet Development Controls
Maximum Size 100 acres
Minimum Size 50 acres
Hamlet Center Maximum Size 50 acres
Hamlet Center Minimum Size 5 acres
Minimum Number of Residential Units 50 dwelling units
Maximum Number of Residential Units : 250 dwelling units
Minimum Spacing to Nearest Village or Hamlet One - half mile — edge to edge
4000 ' — Hamlet center to center
Maximum Size of Nonresidential Uses 250 , 000sf
Minimum Size of Nonresidential Uses 10 , 000sf
Policy 21 . 3 . 3 : Countryside Settlement Principles . At least 50 % of the entire gross acreage of the
VOF property shall be allocated to the Countryside outside of Villages and Hamlets . The Countryside
separates one Village or Hamlet from the next and provides a buffer between Villages or Hamlets and
adjacent uses outside of the VOF . The Countryside may contain native habitat and environmentally
sensitive preserve areas , stormwater resource areas , recreation and passive open areas , greenway
corridors , agriculture , civic and institutional uses in support of other Countryside uses , communication
facilities , cemeteries ; golf courses , boat ramps in support of water related recreational amenities and
private docks , and similar uses . Agricultural uses may be maintained and expanded as further defined
by Policy 21 . 4 . 1 . No more than 10 % of the required Countryside may be platted outside of a Village
or
Hamlet into ranchette residential developments with a minimum lot size of 2 acres . Such plats must
contain covenants and restrictions allowing for related agricultural uses . All areas designated as
Countryside within an approved final site plan shall be encumbered at time of final plat approval with a
restrictive easement granted to a third party allowing only those uses identified above .
Policy 21 . 3 . 4 . Variety of Housing Types . The VOF shall support a variety of housing types and prices
that support a broad range of family sizes and incomes . Housing types are defined as rural or urban and
by building types such as single-family detached dwellings and multifamily dwellings , which include all
forms of attached dwellings such as townhouse , apartments , condominiums , or residential units within
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 - 11
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EXHIBIT "B " J . K . BARTON , CLERK
B .
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)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
mixed use buildings . Rural housing consists of single-family detached dwellings on lots greater than one
acre and not exceeding two acres in size . Urban housing consists of all other unit types , both single and
multifamily , on lots one acre in size and smaller . Housing types shall be distributed throughout a Village
or Hamlet with denser housing types ( i . e . , small lot single family homes including garden/patio/zero lot
line type units and multifamily) within or adjacent to the center and less dense housing types transitioning
to the edge . The minimum percentage mix of single -family to multifamily units within a Village shall be
governed by Policy 21 . 5 , Table 6 . There shall be no minimum mix of single -to- multifamily development
within a Hamlet . Both home -ownership and rental housing opportunities shall be coordinated in an
integrated manner . The use of accessory dwelling units to provide an opportunity for dispersed housing
or other accessory uses within single-family fabric is desirable and may be approved on a case by case
basis by the City Council . No more than 5 % of the maximum allowable units may contain accessory
dwelling . Accessory dwelling units shall be evaluated for concurrency purposes to determine availability
of services when proposed as part of an approved development plan . When proposed by an individual
lot owner , only verification of potable water and sanitary sewer service shall be required . A mobile home
or Recreational Vehicle ( RV ) shall not constitute such an accessory dwelling unit . Accessory dwelling
units included within the main residential structure shall not constitute a unit for the purposes of limiting
density . Agricultural uses and ranchette residential uses are not appropriate for Hamlets or Villages but
may be located in the Countryside .
Policy 21 . 3 . 5 . Walkable Blocks . Blocks shall be scaled to accommodate a variety of building types and
encourage pedestrian traffic . Block dimensions may range between approximately 250 ' and 1 , 500 ' on a
block face and shall not exceed a total perimeter distance of 2 , 300 ' . Exceptions to these requirements
may be provided in response to specific site design objectives based upon geographic , topological or
other factors .
Policy 21 . 3 . 6 , Proper Building Placement . Buildings with similar characteristics such as scale ,
massing , and uses shall generally face one another on a given street . Differing building types may be
placed side -to-side and back-to-back on a given block . Building designs , such as " stair-stepping " of
facades ; porte-cocheres , facades , awnings , or overhangs shall be employed to create a "street and
pedestrian " connection . Building design regulation shall also regulate against flat blank walls . Within
Village Centers , design standards shall require primary entrances of non - residential buildings to directly
face a street, a square , a park , a plaza , or a green and shall generally employ build -to lines . Residential
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 - 12
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EXHIBIT "B " J . K . BARTON , CLERK
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
structures shall be encouraged to have entrances that face the primary street and within the Village
Center shall be located generally closer to the street to create an interactive environment .
Policy 21 . 3 . 7 . Street Network . Hamlets and Villages shall have an interconnected network of public
streets designed to balance the needs of all users , including pedestrians , bicyclists and motor vehicles . A
hierarchy of streets shall be provided so that larger streets accommodate larger buildings and wider
sidewalks while smaller streets have smaller buildings and sidewalks . Alleys may be used and are
encouraged in the Village or Hamlet centers to provide access for rear- loaded parking , municipal
services , and loading and unloading of goods , which allows the street to be more safely
used by
pedestrians and bicyclists by reducing conflicts with vehicles . In residential areas , alleys are
encouraged , to accommodate parking and to provide private entrances and parking for rental units
located behind single-family hordes . Where alleys are used to provide rear access , buildings shall have
secondary entrances , lighting and sufficient window opening to provide natural surveillance .
Policy 21 . 3 . 8 . Mix of Uses . Villages shall be supported by varying amounts of mixed uses located within
suitable building types or areas within a Village Center , Different Villages have diverse characteristics ,
which support varying amounts of mixed use ; however, each Village Center shall contain a minimum of
85sf of nonresidential uses for each residential unit approved throughout the entire Village . At a
minimum , the percentage distribution of required mix of uses allowed within a Village shall be as shown
below in Table 3 . For Hamlets , the minimum and maximum range of nonresidential intensity is governed
by Policy 21 . 3 . 2 , Table 2 .
Table 3 : Mixed Use Requirements for each Village within the Village of Fellsmere
Location Residential Non -Residential
Village Center 15 % to 85 % 15 % to 85 %
Neighborhood 75 % to 100 % 0 % to 25 %
Percentage of residential and nonresidential use based upon total land area allocated to each
use . For vertically mixed use buildings containing both residential and nonresidential uses , the
acreage shall be equally allocated to each use .
Due to the unique size and locational requirements for schools , they shall be credited toward the non -
residential requirements of Village Centers regardless of location within a Village . In addition , community
Comprehensive Plan Goals, Objectives and Policies - Future Land Use Element 1 - 13
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EXHIBIT "B " J . K . BARTON , CLERK
B .
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
gathering spaces within a Village Center such as librairies , permanent farmers markets , and similar uses ,
may be credited toward the non - residential requirements of the Village Centers .
Policy 21 . 3 . 9. Marinas. Marinas are an allowed use within a Village or Hamlet depending upon their
scale and intensity and proposed surrounding development program . When located within a Hamlet ,
marinas shall be limited to the recreational aspects of water dependent or water related uses such as wet
and dry docks , bait & tackle shops , marina master' s residence , marina clubhouse , boat ramp ,
restaurants , and temporary lodging facilities and must be integrally designed as part of a public
recreational amenity such as a park , water access , or picnic area . The maximum floor-area - ratio shall
not exceed 1 . 0 in the Hamlet . If developed within a Village Center, marinas may include the recreational
aspects of water dependent or water related uses as well as non -recreational aspects including boat
repair and must be integrally designed with the balance of the Village Center and adjoining
neighborhoods . The maximum floor- area - ratio for development of marinas within a Village shall follow
the intensity standards of Table 6 of Policy 21 . 5 in the Village Center. If developed within a
Neighborhood , marinas will be limited to wet docks , boat ramps , marina master' s residence , and marina
clubhouse and must be integrally designed with the balance of the neighborhood and adjoining
neighborhoods .
Policy 21 . 4 : Economic Development . The VOF is designed to position Felismere as a competitive
business environment both at the regional and national levels , and , to create the conditions of
sustainable economic development by promoting high -wage , high - quality employment opportunities .
Policy 21 . 4 . 1 : Agriculture . At a minimum , Florida ' s Right to Farm laws apply to existing and
new
agricultural uses in the VOF . Owners of the land are encouraged to initiate , continue , and expand
agricultural operations , small plot farms , and sustainable agricultural practices . All existing agricultural
operations and practices , including , but not limited to , packinghouses , greenhouses , cooling facilities ,
radio antenna tower, and support facilities such as airstrips , shall be allowed to continue . Existing
communication towers such as the Federal Aviation tower and cell phone tower shall remain permissible
non - conforming uses as applicable and reviewed when new plans are approved for the areas in which
they are located .
Uses complementary to and supportive of agriculture and related research and education facilities are
encouraged within the VOF and may be arranged outside of a Village or Hamlet within the Countryside
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 11 - 14
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EXHIBIT "B " J . K . BARTON , CLERK
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
or Employment Activity Centers as appropriate . Uses may include traditional agricultural uses such as
grazing , groves , or crops ; agricultural research uses ; agricultural related industries or businesses ;
education facilities with agriculturally related curriculum ; aquaculture ; small plot farms ; U - pick farms and
roadside stands ; equestrian facilities ; landscape nurseries ; mining ; kennels ; agricultural support airstrips ;
hunting and fishing camps , and similar uses . The presence of an agricultural tax exemption from the
Property Appraiser shall not be determinative of an agricultural use . Farmworker housing in support of
agricultural uses are allowed within the Countryside outside of Villages or Hamlets . Such uses will not
count toward the ranchette residential allowance of Policy 21 . 3 . 3 or the maximum gross density
requirements of the VOF . The City shall encourage retaining land for agricultural pursuits . Pre-existing
agricultural activities are permitted and , if to remain , shall be planned as part the Countryside . When
possible , agricultural uses should be encouraged to utilize reuse wastewater to help reduce the biological
impact of new development . When located within the Countryside or Hamlet outside of a Village ,
agricultural research and education facilities and other agricultural related commerce at an FAR of 0 . 5
are permitted . When located within an Employment Activity Center, agricultural research and education
facilities shall follow the intensity standards of Table 6 of Policy 21 . 5 . Agricultural uses are
not
appropriate for Villages or Hamlets but may be located in the Countryside .
Policy 21 . 4 . 2 : Incentives , The City shall encourage County , State , or Federal agencies to offer
incentives such as job growth investment grants , ad valorem tax adjustments as well as "fast track
"
permitting to businesses that locate in the City . In addition , the City will work with the County and State
to locate new business and industry within the City limits .
Policy 21 . 4 . 3 : Public/Private Partnerships . The City shall encourage the development of industry and
business clusters by supporting public/private partnerships to build the necessary infrastructure for said
clusters .
Policy 21 . 4 . 4 : High -Quality Jobs . The City shall support initiatives to attract industries that create full -
time , year- round , high -wage and high -quality jobs .
Policy 21 .4 . 5 Village and Hamlet Centers . Appropriate non - residential uses shall be located within
Village and Hamlet Centers providing multiple vehicular and pedestrian linkages to adjacent and nearby
residential uses . Desirable locations channel as much neighborhood traffic circulation by the site as
possible . Non -residential uses within a Village or Hamlet Center shall have a scale and intensity
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 - 15
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
compatible with adjacent residential areas and with required residential uses contained within the
Centers themselves . Sites within the Village Center shall accommodate shops with limited inventory or
goods as well as transient lodging facilities ; restaurants ; and professional , medical , and business offices .
Retail uses such as gas stations , fast food restaurants , large retailers , drive through facilities
, and
communication facilities are allowed subject to specific site design considerations that ensure their
compatibility with the ideals of the Village Center. In areas adjacent to natural or man - made water
bodies , the Village or Hamlet Center may include water dependent uses such as marine waterfront
commercial areas to satisfy the unique location , market , and resource needs of the water dependent
uses . Specific site design considerations for marine waterfront commercial operations shall ensure the
stability of adjacent and nearby residential areas through use restrictions , landscaping , screening , and
nuisance abatement standards . Sites within a Hamlet Center shall accommodate neighborhood
commercial or office uses and commercial or office uoes in support of a water dependent uses and
recreation facilities and may also contain hotels , lodges , bed and breakfast establishments , day-care
facilities , group homes , home based business , and live-work units where appropriate . Neighborhood
commercial or office uses are those uses that serve the local market .
Policy 21 . 4 . 6 : Employment Activity Centers ( EAC ) . Non - residential commercial , industrial , and
institutional uses that are incompatible with the mixed use nature of a Village or Hamlet Center are
required to locate within Employment Activity Centers that are strategically located to meet their unique
logistical needs relative to rail facilities , major arterials or interchanges , labor markets , and requisite
urban services . The number and location of Employment Activity Centers shall be reflected on the
conceptual map adopted as an overlay map to the future land use map within the Comprehensive Plan at
time of the assignment of the VOF and shall be located on an arterial roadway . Adjustments to the
allocation of nonresidential uses between EAC and Village Centers may be implemented through local
government approval as long as the minimum ratio requirements of Policy 21 . 3 . 8 and this policy are
maintained within Village Centers . Employment Activity Centers shall contain a minimum combined total
of 250 , 000 square feet of non - residential uses or 10 developable acres . Employment Activity Centers
developed to support utility services shall be exempt from the minimum size , number and location
requirements . Allowable uses may include regional industrial , commercial , secondary education ,
research or business uses ; highway oriented commercial sales and services ; commercial amusements ;
trade and warehousing facilities ; business and construction trades or services ; communication facilities ;
limited or extensive impact industrial or institutional uses ; automotive sales and services ; highway
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 - 16
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EXHIBIT `B " J . K . BARTON , CLERK
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
oriented commercial uses ; or similar uses . There shall be no maximum size for any specific use within
the Employment Activity Centers . The maximum floor-area - ratio shall be 2 . 0 . The minimum open space
requirement for a specific building lot shall be 10 percent . The maximum building height shall be 65 feet .
The maximum hotel/motel density shall not exceed 60 units per net acre .
Policy 21 . 4 . 7 : Industrial Component. Industrial development includes both limited impact and
extensive impact industries .
a . Limited impact industries within the Villages of Fellsmere future land use , also known as flex-
space , such as light assembly and manufacturing uses and skilled trades , shall be allowed within
Village Centers or outlying Employment Activity Centers . The design of flex space activities
within Village Centers or adjacent to off-site residential areas shall accommodate smaller- scale
and less intensive uses with no outdoor manufacturing , assembly or storage that will adversely
impact the character of residential uses . Wholesale commercial with a regional market ; high
impact industrial uses ; and other uses incompatible with a residential mixed use neighborhood
shall not be allowed within a Village Center but shall be located within Employment Activity
Centers . Flex space uses within a Village Center shall comply with the intensity limitations
identified in Table 6 of Policy 21 . 5 . Flex space uses shall be located on arterial or
collector
roadways and contain enhanced architectural and site design features to ensure compatibility
with surrounding areas as needed .
b . Extensive impact industries include heavy assembly plants , manufacturing/processing plants ,
fabricators of metal products , electric generation plants , uses customarily associated with
airports , and intensive institutional uses such as water and sewer treatment facilities , and
maintenance compounds . Extensive impact industries are not generally adaptive to residential
use or mixed use villages , and such uses shall be located in Employment Activity Centers . A
high priority shall be given to reserving strategically located lands adaptive to the unique location
requirements of extensive impact industries . Extensive impact industrial sites shall generally be
allocated in areas accessible to CR-512 and 1 -95 but adequately buffered from residential uses .
Extensive impact uses shall be regulated as a conditional use . Performance standards shall be
established for managing , at a minimum , noise , air pollutants , odor, vibration , fire or explosive
hazard , and glare . Location and design of industrial activities shall be based on the activity' s
ability to comply with these standards . This provision shall not prohibit residences for night
watchmen or custodians whose presence on industrial sites is necessary for security purposes .
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 - 17
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Industrial uses within an Employment Activity Center shall comply with the intensity limitations
identified in Table 6 of Policy 21 . 5 . Industrial uses shall contain enhanced architectural or site
design features to buffer from surrounding areas as needed . Industrial uses may include a
variety of uses normally found within industrial or business parks as regulated by the Land
Development Code .
Policy 21 . 4 . 8 : Timing of Development . To ensure that Village Centers are developed to support the
needs of the residential neighborhoods , the non -residential components of a Village shall be developed
in accordance with the following schedule based upon the approved residential unit and nonresidential
square footage allocation for each Village guided by the Conceptual Plan adopted pursuant to Policy
21 . 2 and ultimately approved through the Development of Regional Impact and local government
development order , as applicable .
Table 4 : Timing of Development
Neighborhood Residential Non -Residential Uses Minimum
Units within a Village within the Village Village
( % complete ) ( % complete by sf allocation ) Developed Form
0 % to 40 % 25 % . Recognizable public or civic
focal point and
Y Civic building or small - scale
neighborhood retail uses
> 40 % to 60 % 40 % . Recognizable public or civic
focal point and
• Civic building and small -
scale neighborhood retail
uses
> 60 % to 80 % 60 % Multi -family or mixed use
residential opportunities
> 80 % to 100 % 80 %
By way of example , assume a single Village has been approved for 2 , 000 residential units within all
Neighborhoods combined and 200 , 000sf of total non - residential uses within the Village Center. No more
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
than 40 % of the allowable residential units within the Neighborhoods ( no more than 800 units ) can be
constructed before at least 25 % of non - residential space ( or 50 , 000sf) must be constructed . This non -
residential space may be constructed along with the main public or civic focal point of the Village Center
and may be comprised of small -scale neighborhood retail uses or a civic building .
Policy 21 . 4 . 9 : Jobs to Housing Balance . To ensure an adequate number of jobs per residential
dwelling unit , thereby reducing dependence on automobile travel and vehicle miles traveled ( "VMT" ) , the
FJV Properties shall achieve a jobs -to- housing balance of 0 . 65 at build -out . Except as may be further
regulated by conditions of a Development of Regional Impact , in no case may applications for building
permits for residential units exceed that authorized by Table 5 prior to the jobs attainment listed in Table
5 or application for cumulative building permits for the corresponding level of nonresidential square
footage .
Table 5 : Jobs to Housing Requirements
Non -Residential
Authorized Jobs Development
Units ( SF )
41700 31055 11400 , 000
6 , 000 31900 11760 , 000
71000 41550 21050 , 000
81000 5 , 200 21340 , 000
8 , 171 - -
For this purpose , jobs created in the public sector , i . e . , Federal , state or local government ,
including school jobs whether private or public , shall be included . The Developer may
demonstrate that jobs have been provided by surveying existing businesses or by utilizing an
employment generation ratio of 450 square feet of nonresidential development per job . Only jobs
or nonresidential square footage within the Phase I limits as shown on Figure B . 21 may be
counted toward this requirement .
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 - 19
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2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Policy 21 . 5 Summary Requirements for Development within the VOF
Table 6 : Requirements for Development within the VOF
Hamlets
Attribute Minimum Standard Maximum Standard
Overall Size 50 acres 100 acres
Center 5 acres 50 acres
Number of Residential Units 50 250
Spacing to Nearest Village One - half mile ( edge to edge )
Spacing to Nearest 4000 ' ( center to center)
Hamlet
Nonresidential Allowances 10 , 000sf 250 , 000sf
Villages
Attribute Minimum Standard Maximum Standard
Village size * 1 , 000 acres 1 , 500 acres
Spacing to Nearest One- half mile ( edge to edge )
Village
ratio of single to multi -family housing 15 % single to 85 % multi -family 85 % single to 15 % multi -family
( applied to approved total units )
accessory dwelling units NA 5 % of allowed units
*Villages north of the Phase I limits may be a minimum of 500 acres .
Neighborhoods
Attribute Minimum Standard Maximum Standard
lot size 1 , 000sf 1 acre
Density ( net) 1 unit per acre <5 units per acre
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -20
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Average Density ( net) 3 units per acre < 5 units per acre
Common Area Uses within a 5 % 15 %
Neighborhood
floor-area - ratio NA 2 . 0
open space per building lot NA NA
building height NA 40 ' ( See note 2 )
Village Centers
Attribute Minimum Standard Maximum Standard
Density ( net) 5 units per acre NA
size of any specific building use NA 100 , 000 square feet
hotel/motel density NA 60 units per net acre
floor-area - ratio NA 4 . 0
open space per building lot NA NA
Common Area Uses within a 5 % 15 %
Village Center
building height NA 65 ' ( See note 1 , 2 )
Employment Activity Center
Attribute Minimum Standard MaximEN
Standard
size of combined uses 250 , 000sf or 10 net acres A
hotel/motel density NA E60 units per net acre
floor-area - ratio NA 2 . 0
open space per building lot 10 % NA
building height ' NA65 ' ( See note 1 , 2 )
Countryside
Attribute Minimum Standard Maximum Standard
General Requirement 50 % of gross land area _
ranchette residential lot size 2 . 0 acres < 10 acres
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -21
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
( limited to 10 % of the Countryside )
floor-area - ratio NA 0 . 5
open space per building lot 10 % NA
building height NA 35 ' ( See note 1 )
Notes : 1 . Maximum height for agricultural or institutional support facilities for non - habitable structures ,
such as silos , processing facilities , electric power generation or transmission systems , conveyers , shall
be 65 ' . Heights exceeding 65 ' may only be approved by conditional use by the City Council .
Notes : 2 . Maximum height for non - habitable architectural embellishments such as elevator towers ,
church steeples , and clock towers , shall be 75 ' . Heights exceeding 65 ' may only be approved
by
ri conditional use by the City Council
Policy 21 . 6 : AffordableNVorkforce Housing . Projects within the Villages of Fellsmere future land use
shall provide the greater of at least 5 percent of the total residential dwelling units to affordable housing
or a percentage determined through analysis of affordable housing need completed pursuant to Chapter
163 . 3177 ( 6 ) (f) ( 1 )d , F . S . utilizing the methodology employed by the Shimberg Center for Affordable
Housing , University of Florida . Provision of affordable housing units may be by development of
affordable units or other means as determined by the City . Affordable housing shall be subject to a
recorded land use restriction for a period of not less than 20 years and that includes resale provisions to
ensure long -term affordability for income-eligible homeowners and renters . The affordable housing must
be commenced prior to the completion of 75 percent of the market rate dwellings . For purposes of this
policy , the term " affordable housing " means housing that is affordable to a person who earns less than
120 percent of the area median income , or less than 140 percent of the area median income if located in
a county in which the median purchase price for a single -family existing home exceeds the statewide
median purchase price of a single-family existing home as defined by Section 380 . 0651 ( 3 ) 0 ) , F . S . For
projects that are to be phased , the provision of workforce housing may also be phased as long as the
minimum required affordable workforce housing is attained at project build - out . The location of
affordable workforce housing shall comply with the policies outlined in the Housing Element and pertinent
Land Development Regulations ,
Policy 21 . 7 : Adequate Public Facilities and Services . The Applicant will be responsible for
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
compliance with Section 163 . 3180 ( 1 ) , F . S . for the FJV Properties which includes sanitary sewer, potable
water ; offsite solid waste ; drainage ; parks ; recreation ; schools and transportation — the infrastructure . To
the extent not funded by others , the Applicant shall be responsible for funding the planning , design
,
permitting and construction of the Infrastructure in order to serve the needs of the future development of
the FJV Properties and in accordance with the level of service established by the City ' s Comprehensive
Plan . Said infrastructure may be constructed in phases commensurate with the creation of demand by
development . As part of the continuing planning process and annual updates to the Capital
Improvements Element ( CIE ) and 5 -year Capital Improvements Plan ( CIP ) , the City of Fellsmere shall
require that improvements required to support the development allowances authorized for each phase
are reflected in the CIE/CIP for the five -year period these improvement will be needed . The CIE/CIP
shall be consistent with the Conceptual Plan as implemented through a Development of Regional Impact
and local government development oder, as applicable , and shall identify how each improvement shall
be funded . Applicants for development within the VOF shall work with the City , the County , the Indian
River County School Board , and other service providers to determine the most appropriate sites that
fulfill the locational needs and requirements to meet service demands , capacity and concurrency
requirements set forth by the respective agency and meeting the City of Fellsmere level of service
standards . For schools , the City shall coordinate such needs consistent with the adopted Indian River
County Interlocal Agreement for School Concurrency . Proposals to build in accordance with the Goals ,
Objectives and Policies of the City' s Comprehensive Plan shall be eligible and are required to receive ,
use or construct urban services to support their development as defined herein .
Policy 21 . 7 . 1 : Potable Water and Sanitary Sewer : All development within the Villages of Fellsmere
future land use shall be serviced by centralized potable water and sanitary sewer systems except for the
following uses which must be located outside of a Village within the Countryside : ( 1 ) ranchette residential
development with a minimum lot size of two acres and (2 ) non - residential and agricultural uses subject to
receipt of agency permits for well and septic or other alternative service arrangement . Such centralized
services shall be coordinated with the City . Temporary use of package treatment plants or other service
means may be approved for Hamlets subject to agreement to connect to centralized potable water and
sanitary sewer systems when such systems are available and within '/4-mile of the Hamlet .
Policy 21 . 7 . 2 : Provider of Potable Water and Sanitary Sewer. Prior to issuance of a final development
order, the applicant shall demonstrate compliance with the water and sewer concurrency requirements of
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -23
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
the City and that an agreement exists with a competent entity as the operator of Potable Water
and
Sanitary Sewer .
Policy 21 . 7 . 3 : Wastewater Reuse . New developments in VOF are required to accommodate the volume
of treated wastewater produced , when available , and may include re- use irrigation or adequate areas
designed to absorb the treated wastewater to utilize its nutrients to enhance the ecological function of the
environment . The City acknowledges that an on -site irrigation water supply system may be provided to
serve non -agricultural uses within the FJV Properties .
Policy 21 . 7 . 4 : Water Resource Management . The City shall require stormwater management systems
within the area that support the objectives of the St . John ' s River Water Management District
( SJRWMD ) , Fellsmere Water Control District ( FWCD ) , and the City' s Comprehensive Plan .
Policy 21 . 7 . 5 : Water Resource Management Strategy . The land necessary for water storage ,
attenuation and discharge for drainage of new development in the VOF area shall be arranged and
managed as part of a comprehensive regional drainage system permitted by the City , FWCD and /or
SJRWMD .
Policy 21 . 7 . 6 : Management and Coordination of the Stormwater System . The City will coordinate
with SJRWMD and FWCD to create an institutional structure to facilitate the implementation of a surface
water and water resource management system that a ) maintains adopted level of service standards ; b ) is
coordinated with landowners to achieve connectivity over time ; c ) is financially feasible ; d ) is coordinated
with the plans of the SJRWMD , FWCD and other stakeholder agencies ; and e ) meets water quality
objectives prior to discharge into the upper SJR basin .
Policy 21 . 7 . 7 : Locational Criteria . Public facilities and services shall be located pursuant to
agreements with the service providers and shall consider the following criteria in siting those facilities :
a . soil analysis , geo-technical testing , borings ;
b . topographical surveys ;
c . wetlands mapping ( if any) and environmentally sensitive area boundary delineations ; and
d . adjacent uses and buffering needs .
Policy 21 . 7 . 8 : Transportation . The Development shall satisfy at the time required transportation
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -24
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
concurrency by constructing improvements or executing a mutually agreeable Proportionate Fair Share
Agreement ; or a mutually agreeable Developer' s Agreement ; or a mutually agreeable Impact Fee
Assessment . Development plans or proposals may be approved within the FJV Properties if the
transportation improvements necessary for capacity required for such plan are supported by an executed
Developer Agreement , Interlocal Agreement , Impact Fee Agreement , Proportionate Fair Share
Agreement , or other method guaranteeing adequate funding for the FJV Properties ' Fair Share Cost of
such improvements .
In addition , the City acknowledges its intention , in good faith , to :
1 . Coordinate the pro - rata funding of the interchange , bridge crossings , or roadways with
adjacent property owners/developers when such other properties are benefited by these
improvements .
2 . Implement a " cost- recovery" agreement for the Applicant when the Applicant funds more
than its pro- rata share of an improvement .
3 . Work with the Applicant to secure appropriate impact fee credits based upon fair share
apportionment payments and /or actual construction of improvements .
4 . Create a right-of-way preservation plan for roadway connection required for traffic
distribution to reduce traffic on CR512 through the " old town district " .
Policy 21 . 7 . 9 . Financing Mechanisms . The City will encourage a variety of financing tools and
strategies to fund capital improvement programs within the FJV Properties such as but not limited to :
1 . Community Development Districts ( CDD ) ,
2 . Independent Special Districts ,
3 . Business Improvement Districts ( BID ) ,
4 . Educational Facilities Benefit Districts ,
5 . Interlocal Agreements ,
6 . Developer Agreements , and
7 . Proportionate Share Contributions to the extent permitted under Chapter 163 , F . S . , and
the establishment of special assessment districts .
The objective is for the City to achieve fiscal neutrality and therefore incur no cost for development .
Comprehensive Plan Goals, Objectives and Policies - Future Land Use Element 1 -25
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
The City understands that one or more community development districts ( " CDD " ) may hereafter be
established , or the boundaries of an existing CDD may hereafter be modified , or any combination of the
foregoing , by each Developer to provide services to any portion of the FJV Properties owned by such
Developer. Any such CDD established by a Developer may plan , finance , acquire and construct
community infrastructure that may benefit all or portions of the FJV Properties owned by such Developer.
The City further understands that any CDD that may hereafter be established with respect to the FJV
Properties may have the right to exercise the powers enumerated under Chapter 190 , Florida Statutes .
The City will consider supporting special legislation to expand the powers of the Fellsmere Water Control
District , a Florida Statute 298 Special District .
Policy 21 . 7 . 10 . To the extent development provides land and constructs municipal facilities consistent
with the demands of any developments of the property , the cost of all such facilities , including the market
value of the land , creditable toward any current or future impact fees to the extent that such costs are
legally eligible for impact fee credits . The City will work with the Applicant toward receiving a credit . This
Infrastructure shall be built to the City and permitting agencies ' reasonable and customary standards .
The City shall have the right to require the Infrastructure be oversized by the Applicant to serve other
property , provided a mutually agreeable cost recovery system is in place to reimburse the Applicant for
the over- sizing .
Improvements necessitated by development of the FJV Properties shall be in place and available to
serve new development no later than the issuance of a certificate of occupancy unless otherwise
addressed by an executed Proportional Share Agreement , an executed Developer' s Agreement , an
executed Impact Fee Agreement , or posting of a surety equal to 125 % of an engineer' s estimated cost
as provided in the Land Development Code .
Policy 21 . 7 . 11 . City will consider Interlocal service agreements with proximate service providers such as
the City of Palm Bay and Indian River County in lieu of the construction of additional redundant facilities
for the provision of potable water , reuse water , and wastewater treatment . The City agrees to
work
cooperatively with the Applicant in identifying the provider for such services . The City shall not be
required or obligated in any way to construct or maintain or participate in the construction or maintenance
of any improvements for the Development ( except for maintenance of improvements dedicated to and
accepted by the City at its sole discretion ) . The Owner its grantees , successors or assigns in interest or
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -26
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CITY OF FELLSMERE ICHAPTER 1 : FUTURE LAND USE ELEMENT
an association and/or assigns satisfactory to the City shall be responsible for the maintenance of all
improvements not dedicated to the City .
Policy 21 . 8 : Countryside and Common Areas : . The Countryside and Common Areas within Villages
and Hamlets are an integral component of the settlement pattern and together shall consist of a minimum
of 55 % of the gross land area contained within lands designated as VOF . The Countryside shall consist
of a minimum of 50 % of the gross land area designated as VOF , and Common Areas within Villages and
Hamlets shall consist of a minimum of 5 % and , within Villages , a maximum of 15 % of the gross land
area . Such areas shall :
a . support and enhance the village character;
b . preserve native habitats ;
c . encourage opportunities for sustained agriculture ;
d . help mitigate the biological and ecological impacts of new development ;
e . improve the health of both the natural and built environment ;
f. provide passive and active recreation opportunities ; and
g . promote quality civic and public spaces .
Policy 21 . 8 . 1 : Healthy Ecosystems . In order to establish a healthy ecosystem , diverse vegetation ,
elevations , wildlife corridors , greenways/trails and drainage conveyances are required to promote the
sustainability of both native and migratory species .
Policy 21 . 8 . 2 : Non -Contiguous Locations . Land dedicated to the required Countryside or Common
Areas may be located on non -contiguous parcels when dedicated to the public , subject to the discretion
of the City Council during the development approval process .
Policy 21 . 8 . 3 : Linking Countryside Areas . To maximize both the aesthetics of the rural landscape and
the biological and ecological system contained within the Countryside , developments shall link to the
greatest extent practical Countryside areas within the site as well as to any neighboring existing or
planned passive parks , existing uses of an agricultural character or environmental preserves . This may
be accomplished by greenways , trails , wildlife corridors , pedestrian and bicycle corridors , golf cart paths ,
horse trails , and similar low intensity methods .
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 27
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Policy 21 . 8 . 4 : Components of the Countryside and Common Areas . Table 7 provides an overview
of the allowable uses for both the Countryside and Common Areas within Villages or Hamlets .
Table 7 . Countryside and Common Area Components
COUNTRYSIDE COMMON AREAS
MINIMUM : 50 % OF GROSS ACREAGE MINIMUM : 5 % OF VILLAGES AND HAMLETS
MAXIMUM : NONE MAXIMUM : 15 % OF VILLAGES
Native Habitat , Upland Buffers and Conservation/ Native Habitat , Upland Buffers and
Environmentally Sensitive Areas Conservation/Environmentally Sensitive Areas
Recreation and Passive Open Areas Recreation and Passive Open Areas
Community Recreation Areas Community Recreation Areas
Linear Parks along the stormwater system Linear Parks along the stormwater system
Equestrian and bicycle trails Equestrian and bicycle trails
Greenway Corridors Greenway Corridors
Stormwater Management/Water Resource Areas Stormwater Management/Water Resource Areas
Civic Uses 2Civic Uses
Passive open areas of developments within the
countryside ' Neighborhood Parks , Greens and Squares
Golf Courses
Agriculture
- See Policy 2. 1 . 3 . 3
— See Policy 21 . 8 . 10
Policy 21 . 8 . 5 : Agriculture . The City shall encourage retaining land for agricultural pursuits . Pervious
agricultural lands shall be credited towards the Countryside requirements . Existing or proposed
impervious agricultural activities , including packing houses , greenhouses , cooling facilities , or other
agricultural support facilities shall not be creditable toward the Countryside requirement . Agricultural
and /or water resource management areas shall comprise a minimum of 25 % of the combined
requirements for Countryside and Common Areas .
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -28
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Policy 21 . 8 . 6 : Native Habitat and Environmentally Sensitive Areas . Wetlands , upland buffers , and
native upland habitat areas to be preserved on -site shall be counted towards the fulfillment
of the
Countryside or Common Area requirements . Preservation requirements shall be as set forth elsewhere
within the Comprehensive Plan . Development will be required to provide wildlife corridors to connect
habitat areas and maintain safe crossing areas . Eco- hiking trails shall be used to provide access to
environmentally sensitive lands for their passive enjoyment. For off-site preservation areas abutting the
FJV property , a buffer shall be provided of 100 ' adjacent to the external property line or that required by
the pertinent permitting agency , whichever is greater. Buffers shall not be required adjacent to off-site
stormwater treatment areas or other manmade water bodies .
Policy 21 . 8 . 7 : Water Resource Management Areas . The stormwater system is intended to work in
concert with and be part of the land designated for the Countryside or Common Areas . To be credited
toward either of these requirements , the land used in the stormwater system shall contain at least two of
the following :
a . The stormwater system is supplemented with a native planting program .
b . Access is provided to the stormwater system .
c . A linear park is provided along the edge of the stormwater system providing for multiuse trails for
bicyclist and pedestrians .
d . Equestrian trails are provided along the edge of the stormwater system within the countryside or
as appropriate .
Stormwater systems meeting the requirements noted herein located only within a Village or Hamlet may
only be credited toward the Common Area requirements ; likewise , stormwater systems located only
within the Countryside may only be credited toward the requirements of the Countryside .
Policy 21 . 8 . 8 : Recreation and Passive Open Areas . Land used for active or passive recreation or
passive open areas may be counted toward the fulfillment of the required Countryside or Common Area .
Such amenities include , but are not limited to , the following :
a . Community Recreation Areas . Uses such as regional parks , fair grounds , ecotourism areas ,
swimming and fishing lakes , greenways and trails , equestrian areas and/or polo fields , camp
grounds , public waterfronts and boat launching areas .
b . Neighborhood Parks , Greens and Squares . Uses such as playgrounds , picnic areas , pocket
parks , open air amphitheaters , village squares or greens , boardwalks , vita courses , and playing
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 .29
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
fields and courts .
c . Golf Courses . Golf courses that are designed to accommodate reuse wastewater. ( Golf courses
may comprise no more than 10 % of the combined requirements for Countryside and Common
Areas . )
The owner shall provide public access to Egan Lake ( Fellsmere Water Management Area ) , including a
public boat ramp , to the extent access and the public boat ramp are permittable by SJRWMD
and
consistent with SJRWMD ' s public access plan . The maintenance and upkeep of privately owned
recreational areas shall be the responsibility of an entity approved by the City , i . e . Community
Development District ( CDD ) , Home Owner' s Association ( HOA) , Chapter 298 Special District Authority ,
and such spaces shall be accessible in perpetuity .
Policy 21 . 8 . 9 : Greenway Corridors . Greenways , trails , and linear parks shall be credited toward the
Countryside or Common Area requirements .
Policy 21 . 8 . 10 : Civic Uses . Land allocated for civic uses may be counted toward the fulfillment of
required Common Areas or Countryside as set forth below .
a . Common Area civic uses such as libraries and schools ( including the associated playfields ) , as
well as community buildings and clubhouses may be counted toward the fulfillment of the
required Common Areas within Villages or Hamlets .
b . Civic uses may not be located within the Countryside unless they are supportive of another
Countryside use such as small utility systems ( lift stations , sub-stations , or similar uses )
developed in support of a major recreation uses or administrative or maintenance facilities
developed in support of major recreation uses or similar uses . When such civic uses are located
within the Countryside , only the pervious area of civic uses may be credited toward the
Countryside requirements .
Policy 21 . 9 : Transportation Planning . The City will ensure that a balanced and integrated
transportation system is established concurrently with new development that promotes the desired
sustainable pattern of growth , protects and enhances the character of the area , and seeks to reduce the
greenhouse gas emissions of the transport system while maintaining level of service requirements .
Policy 21 . 9 . 1 : Sustainable Transportation . Vehicular trips shall be minimized through a combination
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CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
of the following :
1 . Provision of housing opportunities in proximity to employment opportunities ;
2 . Provision of essential services and recreational opportunities in proximity to demand ;
3 . Provision of an interconnected street network designed for pedestrians , cyclists , the automobile
and transit ;
4 . Provisions for parking that will encourage pedestrian and public transportation alternatives ;
5 . Provisions for incentives encouraging multiple modes of transportation ;
6 . Coordination with the DOT , IRC Metropolitan Planning Organization and adjacent Cities for
planning for current and future transportation networks within and outside the City and County .
Policy 21 . 9 . 2 : Connected , Multi -modal Transportation System . The transportation system shall
provide multi -modal capabilities and be connected through a network of streets that are visually
appealing . The visual and functional characteristics of streets are important in the design of the
community and shall be guided by the following design principles :
1 . Streets shall be designed to create a sense of place that reflects the rural or urban character of
the surrounding area and
2 . Streets shall be designed to accommodate a mix of travel modes including vehicles , bikes , transit
and pedestrians with appropriate lighting , landscape , utility and signage provisions .
Policy 21 . 9 . 3 : Rights -of-Way . The City shall work with and require a developer to identify right-of-way
needs during the development of the master plan and reserve and protect existing and future rights- of-
way within site plans , plats , or other legal instruments in order to provide for an efficient multi-modal
transportation system . The City shall protect the required right-of-way for regional facilities shown in the
Transportation Element and seek the dedication or acquisition of needed additional rights- of-way for
these corridors through local government development approvals and as part of the continuing
transportation planning process with FDOT , IRC Metropolitan Planning Organization and adjacent Cities
and Counties .
Policy 21 . 9 . 4 : Internal Street Network . Neighborhoods shall construct interconnected networks of
streets in a predictable pattern that encourages walking , reduces the number and length of automobile
trips , provides multiple circulation routes , and conserves energy . Cul - de- sacs may be permitted only
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -31
A TRUE COPY
EXHIBIT `B „ CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
Be
Strikethrough and underline based upon - the adopted version of Ordinance 08- 14 , May 21 , 2009 ( Final SSA Exhibit B , March 18,2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
where a roadway terminates at a water management tract , park or civic area , development boundary , or
other topological feature . Dead -end streets are discouraged .
Policy 21 . 9 . 5 : Interconnected Neighborhoods . The transportation system shall be designed so that
multiple streets , bicycle paths and sidewalks continue into adjacent Neighborhoods , Village Center, and
nearby developments to facilitate convenient movement and disperse traffic throughout the local network
except where a roadway terminates at a water management tract , park or civic area , development
boundary , or other topological feature . Connections to existing or future collector roadways shall be at
approximately '/4- mile intervals . Owner/Developer shall be required to construct a City-approved
Pedestrian Linkage System ,
Policy 21 . 9 . 6 : Roadway Character . Within the Countryside , development shall be designed to maintain
open vistas and protect the integrity of the rural character of roadways . Within Villages , roadways shall
be designed to regulate vehicular speeds and ensure a balanced environment for motorists , bicyclists ,
pedestrians , transit , and utility transmission needs . The Master Plans prepared pursuant to Policy 21 . 2 . 4
shall include design standards to accomplish this intent .
Policy 21 . 9 . 7 : Street Trees . Regularly spaced shade trees shall be required to provide shade
for
pedestrians and cyclists along all new streets with exception of alleys .
Policy 21 . 9 . 8 : Interconnected Parcels . Interconnections between complementary uses shall be
required , including access and circulation among parking lots and to pedestrian paths and may take the
form of shared driveways , frontage streets , and parking with cross access easements .
Policy 21 . 9 . 9 : Parking Location , Village Centers shall be designed to promote a " park once "
environment to encourage walking between multiple destinations and proximity to transit stops . Shared
parking arrangements shall be encouraged through a reduction in the required parking if supported by
appropriate traffic analysis . Parking lots and garages shall be buffered from the view of the sidewalk
preferably located behind or to the sides of buildings to enhance the pedestrian environment of the
street . Conveniently located bike racks shall be provided throughout the Village Center within all
Villages . Parking lots shall be considered for park- n - ride lots as part of the regional transit system where
appropriate .
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -32
EXHIBIT "B " ' ' I ON ON LAST PAGE
. ; H rON , CLERK
B .
Strikethrough and underline based upon the adopted version of Ordinance 08- 14 , May21 , 2009 ( Final SSA Exhibit B , March 18 , 2010)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
Policy 21 . 9 . 10 : Recreational Trail and Greenway System . Developments shall create an
interconnected network of routes for pedestrians and cyclists providing links to schools , parks , adjacent
Neighborhoods and developments as well as non = motorized trails along or within the Countryside and
water resource areas .
Policy 21 . 9 . 11 : Transportation Demand Management . The City may establish incentives for
residential and nonresidential uses to encourage public transit , ride sharing , modified and flexible work
hours , and to provide bicycle racks/storage and shower facilities to encourage walking/bicycling to work .
Policy 21 . 9 . 12 : Remedies for Roadway Deficiencies . Where roadways are found to be deficient ,
according to methods used by the City , the City shall consider that the appropriate remedy to restoring a
satisfactory level of service is not necessarily widening of the link , but may be :
1 . Intersection improvements ;
2 . Signalization changes ;
3 . Turning or auxiliary lanes ;
4 . Access management ;
5 . Improvements in parallel corridors ; and/or
6 . Other traffic engineering policy measures .
Policy 21 . 9 . 13 : Special District. The City may consider the establishment of special districts in order to
provide appropriate funding mechanisms for the regional transportation system , electric power
generation and transmission system , or other public facilities and services , including acquiring links in the
Water Resource Management and Countryside components . The City will also support legislative
requests by the Fellsmere Water Control District for expanded powers within their adopted Chapter 298
Special District authority . Any actions of a special district would be required to be integrated
and
coordinated through the Capital Improvements Program and may build on existing systems and
strengthen existing partnerships .
Policy 21 . 9 . 14 : Transportation Concurrency . An approved project that meets the requirements of the
VOF land use must satisfy transportation concurrency pursuant to Policy 21 . 7 and may , as further
allowed by Florida Statutes and Administrative Code , satisfy transportation concurrency by paying to the
City and/or Indian River County a proportionate fair-share contribution , to pay for one or more
improvements that will benefit the future street network . Developers maybe eligible for impact fee
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -33
ATRUE COPY
CERTIFICATION ON LAST PAGE
EXHIBIT "B " J . K . BARTON , CLERK
Be
Strikethrough and underline based upon the adopted version of Ordinance 08=14 , -May 21 , 2009 ( Final SSA Exhibit B , March 18 , 2010
)
CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT
credits for construction of improvements . At a minimum this methodology shall be consistent with
requirements of section 163 . 3180 ( 12 ) or ( 16 ) , F . S . as applicable .
Policy 21 . 10 : Green Building and Site Planning . Developments proposed within the VOF are to
utilize LID , LEED , LEED - ND , other best management practices from the United States Green Building
Council and Florida Green Building Coalition or other industry recognized groups to the extent feasible .
Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -34
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INDIAN RIVER COUNTY
THIS IS TO CERTIFYTHAT THIS IS
ATRUE AND
THE OR GINALONFILECOPY INTH SF
OFFICE
JE Y K. BASTO (t '
� v D . C .
BY
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DATE '
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