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HomeMy WebLinkAboutO-22-02 Recreation in Lieu OfORDINANCE NO.0-22-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9A, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-18A, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 544-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202(l), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan within one year of adoption; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to concurrency and plan review processes; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to approve Ordinance 0-22-02. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: 1 Amendment 1: ARTICLE IX CONCURRENCY MANAGEMENT Section 54-3-9.4. Criteria for concurrency and final development orders. xxxxxx (d) School Concurrency. For all school concuaency, the city incorporates by reference the Indian River County Inter -local Agreement for Coordinated Planning and School Concurrency, March 1, 2008. The city is bound by the relevant provision of the School Concurrency Ordinance adopted by the County and any cooperative agreement it may enter hereto forth, and shall find that the proposed development is in compliance with concurrency management requirements at the time the final development order is issued. xxxxxx Section 54-3-9.7 Adopted Level of Service Standards (LOS). Level of service standards for those public facilities for which concurrency is required are set forth below: xxxxxx Recreation: Park Classification Acreage of Recreation Areas/Population Neighborhood Park 2.0 per 1,000 Community Park 2.0 per 1,000 Section 54-3-9.8 Methodology for Determining Demands on Concurrency Facilities. (b) Orherjaciliries. The level of service standards for all concurrency facilities are listed in section 54-3- 9.7. The applicant shall provide the planning and growth management director with the information required to apply the adopted level of service standard as cited below. The demand on concurrency facilities generated by the applicant's development shall be determined as cited below. d) Solid waste. The demand for solid waste collection and disposal capacity shall be determined by multiplying the total number of persons served times 7.52 pounds. W Potable water. The demand for potable water capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (3) Sanitary sewer. The demand for sanitary sewer capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (4) Drainage. The applicant shall provide evidence demonstrating that the proposed project shall meet the LOS established in section 54-3-9.7 for drainage facilities. (5) Recreation area. The demand for recreation area shall be determined by multiplying the city's recreation area level of service standard (4.0 acres per 1,000 population or.0040 acre multiplied by each person served by the development). Section 54-3-9.9 Determination of Available Capacity. (a) Step]: Add the indicators ojavailablejacility capacity: (1) Capacity of existing facility. The total capacity of existing facilities operating at the required level of service; and (2) Capacity of committed potable water, sewer, solid waste and drainage. The total capacity of committed new facilities, if any, that will become available on or before the date a certificate of occupancy is issued for the development. The capacity of Concurrency facilities may be counted and deemed concurrent only if the following standards are met: a. For potable water, sewer, solid waste and drainage: The standards identified in article XII shall be met. b. For parks and recreation facilities: In order to ensure adequate geographic distribution of parks and provision of amenities and facilities in existing and planned city parks and prevent degradation in the LOS, the land dedication requirements of section 54-4-19.11 shall be adhered to and a dedication or fee -in -lieu contributions made by all new residential development without regard to existing or committed capacity. c. For roads: The standards identified in section 54-3-9.7 shall be met. (b) Step 1: Subtract the committed capacity: (1) Existing demand based on existing development. The demand for services or facilities created by existing development as provided by the city. (2) Demand to be generated by vested development, valid capacity reservation certificates, and valid certificates of concurrency. The demand for the service or facility created by the anticipated completion of other vested and/or approved developments. xxxxxx Amendment 2: ARTICLE XVIII SITE PLAN REVIEW PROCEDURES Section 54-4-18.4 Information to be Included in Site Plan. xxxxxx (C) Concurrency facilities and other utilities or services. Site plans shall satisfy Concurrency management regulations cited in article IX. This component of the plan shall identify demands on Concurrency facilities generated by the proposed development and identify how the demands shall be accommodated through improvements. The site plan shall also list the utility providers currently serving the site together with a description of the existing infrastructure serving the site. Include the location, design and character of all Concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services, on the site plan. Concurrency facilities shall include the following: xxxxxx (7) Recreation. Identify projected demand generated by the development and cite land and facility improvements provided to ensure the city's level of service is not adversely impacted. The requirements of section 54-4-19.11(h) shall be adhered to for all projects which include new residential dwelling units regardless of whether a subdivision plat is to be recorded. Amendment3: ARTICLE XIX SUBDIVISION Section 54-4-19.11 Required Improvements and Design Criteria. xxxxxx (fa Dedication of lands for parks and recreation. All residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the standards stated below and shall comply with concurrency management provisions of chapter III, article IX, Concurrency Management. The standards provided herein are stipulated to implement policies within the parks and recreation element. The standards shall apply to all residential applications for subdivision approval. No property shall be assessed twice for respective subdivision plat applications unless a rezoning subsequently increases the density permitted on a parcel(s) of Ind. (1) Requirements. As a condition of development, the applicant shall dedicate land to the City of Sebastian, pay a fee in lieu thereof, or a combination thereof, at the option of the city for park and recreational purposes at the time and according to the standards and formula described in this section. (2) General standard. Four acres of property for each 1,000 persons residing in the city jshallj be devoted for park and recreational purposes. To determine park and recreational land to be dedicated within the service area of proposed developments, analysis shall consider available facilities inventoried in the Parks, Recreation and Open Space element of the City of Sebastian Comprehensive Plan. Prior to dedicating such land, the applicant shall provide the city with an environmental audit performed by a registered engineer evidencing that the property does not contain any contaminated or hazardous materials defined by law. (3) Fees in lieu of land dedication. If it is demonstrated by the applicant to the satisfaction of the city council in thew sole discretion that no park or recreation facility can be located in whole or part within the proposed development to serve the immediate and future needs of the residents of the development, or if the proposed development shall consist of 100 dwelling units or less, the applicant may, in lieu of dedicating land, pay a fee equal to the fair market value of the land which would have been required to be dedicated. (4) Appropriate size for parks and recreational use. The size of parcel to be donated shall be at least one (1) acre. The city shall not consider fee -in -lieu for parcels less than one (I) acre in size. (5) Use of money. The money collected shall be paid to the City of Sebastian and placed in a reserve account within a special fund. The monies and accrued interest from fees paid for any given development shall be used solely for acquisition of parkland within the same designated recreation zone or to enhance facilities in a neighborhood park that is within the same designated recreation zone. (6) Determination of fair market value. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based on the appraised value or the purchase price, whichever is greater, including a 15% surcharge to cover acquisition costs. The appraised value of the land shall be determined by an appraisal by a qualified, independent real estate appraiser, to be secured by the developer. At the option of the city, the city may also secure an appraisal by a qualified independent real estate appraiser, the results of which shall be used to determine the value of the land in conjunction with the developer's appraisal. (7) Technical standards for determining dedication requirement. a. Dedication formula. The following formula shall heated: Average Number of Persons per Dwelling Unit x 4 Acres per 1,000 Persons = Acreage Requirement per Dwelling Unit. The average household size is 2.24 people per dwelling unit according to the University of Florida Bureau of Economic and Business Research (BEBR), December 2020 in City of Sebastian: 2.24 Persons/Unit x 4 Acres Per 1,000 Persons = 0.01 Acres/Unit. b. Credit for private recreational space. Upon recommendation from the community development department, the City Council may grant up to 50 percent (50%) partial credit for private recreational space within the development pursuant to the standards established herein. Such credit shall be applied against the total dedication or fee -in -lieu requirements for parks and recreation pursuant to this code. These guidelines and standards are established in order to ensure that private recreational spaces provide an appropriate range of recreational opportunities for residents of proposed developments. c. Requirements for private recreation space. 1. The yards, setbacks, and other open areas required by the land development code and building codes shall not be included in the computation of private recreational space. 2. The private ownership and maintenance is adequately provided in perpetuity by recorded written agreement, conveyance, orrestrictions. 3. The use of the private recreational space is restricted for park and recreational purposes by recorded covenant which nuns with the land in favor of the future owner's property and which cannot be defeated or eliminated without the consent of the city council. 4. The proposed private recreational space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, vegetation, hydrology, access and location. 5. Environmental preserves which have boardwalks, nature trails, water access, or other usable, passive recreational features, shall count for up to 100 percent of the required dedication. it. Procedure for dedication of land or payment of fees in lieu 1. As a condition of site and development plan approval, the developer shall agree in writing to dedicate land, pay a fee in lieu thereof, or a mixture of both, for parks and recreation as determined by the City Council in accordance with this article. 2. At the time of filing of the final plat, or prior to the issuance of a building permit for those developments that do not require a plat, the developer shall dedicate the land free and clear of all encumbrances or pay fees as previously determined by the City Council. The fee -in - lieu of dedication shall be calculated per Section 54-4-19.11(h) (5) above. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" maybe changed to "section," "division," or any other appropriate word. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Dodd . The motion was seconded by Councilmember MCPartlan and, upon being put to a vote, the vote was as follows: Mayor Jim Hill ave Vice -Mayor Fred Jones ave Councilmember Ed Dodd aye Councilmember Bob McPartlan aye Councilmember Christopher Nunn aye The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of April , 2022. CITY OF SEBA F By: JIM HILL AYOR 1AN EST:qqETTE WIL AMS MMC4 CITY CLERK Approved as to form and legality for reliance Ci of rSQ only: MA N, JR Cl Y ATTORN