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HomeMy WebLinkAboutSEB O-22-13ORDINANCE NO. 0-22-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG -1 (AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LAND ADJACENT TO 74TH AVENUE, NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE; AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES; AUTHORIZING ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing of the Planning and Zoning Commission, sitting as the Local Planning Agency, a motion was made and seconded to find the proposed change to the Future Land Use Map and recommended site specific policy conditions to be consistent with the Comprehensive Plan, and to forward a favorable recommendation for the adoption of the requested change to the City Council; and WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, as provided by Section 163.3177 (2), Florida Statutes, the City Council fmds that the proposed Comprehensive Plan amendment is internally consistent and coordinated with the Comprehensive Plan; and WHEREAS, the City Council has provided notice of the proposed Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map and site specific policy conditions, are consistent with the existing future development goals of the City of Sebastian; encourages the most appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within the City of Sebastian; and WHEREAS, the City Manager transmitted a certified copy hereof to the authorities designated under Fla. Stat. 163.3184 (3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. RECITALS INCORPORATED. Each and all of the aforementioned recitals ("WHEREAS" clauses) are hereby incorporated in this Ordinance. Exhibits la, lb, and 2, referenced below are hereby incorporated into this Ordinance by reference. SECTION 2. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map (FLUM) and site specific policy conditions adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit la and lb Property Survey (herein: the "Real Property"). SECTION 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected Real Property, and the Real Property shall be designated as Mixed Use (MU) in accordance with the requirements of Florida law. See attached Exhibit 2 Future Land Use Map The City recognizes specific large scale annexation parcels with Mixed Use land use such as the specified property identified in Exhibit la and lb require site specific conditions that will apply at the time of site planning and development. As part of the land use map amendment, site specific policy conditions pertaining to the mixed use development have been incorporated into Ordinance 0-22-13 as follows: Objective 1-1.7: Site Specific Policies. The following policies are adopted specific to individual areas within the City of Sebastian. Policy 1-1.7.1: 1913.6 +/- Property located South of County Road 510, West of Land Adjacent to 74th Avenue, North of 69h Street, and East of 90th Avenue, more specifically described in City Ordinance No. 0-22-13 shall be developed subject to the following policies. a. Rezoning of the property shall be done through a Planned Unit Development process as described in Article XX of the City's Land Development Code, as amended, or superseded, from time to time. b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single Family Dwelling Units and Multi -Family Dwelling Units (the "Dwelling Units") consisting of a variety of housing choices in order to achieve the mix of housing required for affordability and accessibility within a mixed use development. The housing mix targets 40% Medium Density up to 10 units/acre; 40% Low Density up to 5 units/acre; and 20% Very Low Density up to 3 units/acre, including at least 5 percent (5%) and up to 10 percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing. c. Provision for future dedication of Right of Way, at the time of Development, to the extent required for the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to promote an interconnected, extended and improved grid road system, along with a well- planned transportation system of roads and streets throughout the Real Property, in coordination with the County, to specifically include 840' Avenue, 81' Street, 770' Street, and 73rd Street, as well as 74`x' Avenue. d. Provision shall be made on the Real Property for a mixed-use "Town Center" area including an active street frontage or context sensitive street design, compatibility of central theme or design character, and a comprehensive transportation network that promotes walkability thru compact Development and proximity of structures, reduces auto dependence, and connects to state and local transportation corridors. e. To the extent required for and at the time of the Development, future dedication and donation of Institutional parcels may be required as necessary for governmental services such as post offices, public safety, schools, etc. and Public Facilities that may be needed for increases in necessary services, as identified by concurrency analysis in accordance with the City of Sebastian Land Development Codes and Ordinances at the time of development. f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive Plan Mixed Use Land Use. g. To the extent required for and at the time of the Development, future dedication or conveyance of Conservation lands to appropriate entity to include any natural areas of significant importance, and the provision of greenway trails to promote a system of connectivity and access consistent with the City's Comprehensive Plan and Land Development Codes. h. To the extent required for and at the time of the Development, dedication of City Park and recreational lands above what will be required in the individual residential subdivision developments. Allocation of parks and recreational lands consistent with the City's Comprehensive Plan and Land Development Codes specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required aggregate open space required for the Real Property; i. Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with existing City Land Development Codes. j. As a condition of future Development of the Real Property, the Owner shall provide sufficient land area for Public Facility Infrastructure required to support the Development and mandate hook-up to central potable water and wastewater systems for all new Developments on the Real Property prior to receiving final Development Orders. Therefore, the proposed development of any portion of the Real Property must provide sewer/wastewater, reclaim water systems and Stormwater Management Systems, and water service as a condition of Development. These services may be provided by the County however no septic systems would be allowed in accordance with City policy and land development codes. k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre Parcels as part of an overall Planned Development project using the PUD zoning district and process, and shall promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities including Low Impact Design and Best Management Practices. 1. The Real Property shall consist of a mix of uses consisting of 20-40 percent non-residential gross acreage to 60-80 percent residential gross acreage, with fact that Open Space requirements must be satisfied. m. The Real Property Development shall have a minimum aggregate total. of 50% Open Space for Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54- 2-5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals), wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant, schools, fire station or police station. SECTION 4. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the state land planning agency, the Department of Economic Opportunity, as provided by Fla. Stat. 163.3184 (3) (c) 2. within ten (10) working days of adoption. SECTION 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY AND INTERPRETATION. (a) In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. (b) That in interpreting this Ordinance, underlined words indicate additions to existing text, and stfieken thmtth words include deletions from existing text. Asterisks (* * * *) indicate a deletion from the Ordinance of text, which exists in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance. SECTION 7. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Economic Opportunity or other final action finding the amendment herein in compliance, including the adoption and recordation of the Annexation Agreement. SECTION 9. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 12th day of October, 2022, and adopted on second/final reading at a regular meeting of the City Council on the -February 8th , 203' PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 12'h day of October, 2022, by Councilmember McPartlan . The motion was seconded by Councilmember Dodd and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Christopher Nunn Council Member Bob McPartlan ADOPTION aye aye aye ave aye ATTEST: anette William, MMC City Clerk The foregoing Ordinance was moved for adoption by Council Member McPartlan . The motion was seconded by Council Member Nunn and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day of February ,2023. ATTEST: 4aneatteWLialliams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: y_ Fred Jones, Mayor Approved as to form and legality for This ordinance is effective the day of , 2023, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities.