HomeMy WebLinkAbout12152008ISBA Joint WorkshopJOINT WORKSHOP
INDIAN RIVER COUNTY
CITY OF SEBASTIAN
CITY OF VERO BEACH
CITY OF FELLSMERE
TOWN OF INDIAN RIVER SHORES
TOWN OF ORCHID
AGENDA
MONDAY, DECEMBER 15, 2008 - 5:00 P.M.
SEBASTIAN CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
RE: INTERLOCAL SERVICE BOUNDARY AGREEMENT (ISBA)
CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ISBA REVIEW PRESENTATION -City Manager, AI Minner
5. PRESENTATION OF UNRESOLVED ISSUES
A. SEBASTIAN
1. Point to Point Contiguity
2. New Town Location
3. Other Urban Services
B. VERO BEACH
1. Comments
C. FELLSMERE
1. Comments
D. INDIAN RIVER SHORES
1. Reserve the Right to Comment if Needed
E. ORCHID
1. Comments
F. INDIAN RIVER COUNTY
1. Point to Point Contiguity
2. Section 10(f) and Exhibit F
6. PUBLIC INPUT
7. ELECTED OFFICIAL DISCUSSION ON CONSENSUS FOR DIRECTION TO ISBA
WORKING GROUP
8. ADJOURN
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS.
aye Aired Live ar7 Cc~rrrcast Chat~artet 25 Ur?c~` s~~~ff.l
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION
FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 AT LEAST 48 HOURS IN ADVANCE OF
THIS MEETING
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APPLICATION FOR VOLUNTARY ANNEXATION
THw Ar~aLicaTION, to be tiled with the Deparhnent, shall be
oxnplete and ail required dowmenis attached. Fees shall be pall at the 6me of submittal. The Applicant will be notified of the Pubf~
Hearing dates to be scheduled before the City Counal. The City and Applicant shall adhere to the Florida Statutes Chapter 171, Part I
regarding annexation procedures.
NAME OF APPLICANT:
ADDRESS:
PHONE' _ FAX: EMAIL•
_._-. _ _
ADD.t~ESiS QF PRQPERTY TQ $~ A{VNEXE.D: ~ _ - ...... __.
LEGAL.DESCRIPTION OF P_ROPEttTY TO BE ANNEXlrD: •
SECTl9N:.... .. ... TflWNSHlP: RANGE:... . - . ..... _ _..
SCIIElDIVlSION:.......• ..... ... BLOCK: LOTIPARCEL:
... .. : ....
PLAT BOOKIPAGE:
TOTAL ACREAGE: DIMENSIONS;
RRESEM~T'COIJN;Y7ANING'C!.>11SS1FICATION: ~ . ~.. ......_ :. .. .
PitESEN'1' COUNTY FUTUI~ic LAN[l USE CLASSIFICATION:
RE4UESTEDZOMNG CLASSIFICATION;
REQUESTED FUTURE LAND USE CLASSIFICATION;
RE UIRED EXHtBiTS/ UESTIONS: `
....•. A.' ChecktorApplkationiees:
D jmaet Fee Schedule)
8. S Deposit for Professional Services Escrow fees. All adual fees are required to be paid
by the appticanL (Jnsert lfApplfcableJ
(Only to ba paid t time for combined appiicatlons.)
C. A County Property Appraiser's map showing the exact property and location.
D. A copy of the most recent recorded Warranty Deed.
E A Certlfled Survey prepared within one (1) year before the date of Application of the subject property with legal
.descrlptian.and..acreage. Electronicveralon.qf,Su~r~y,agdlegaldescr,Iptlon,l~Iegu(.r~.,... ,
F. Notarizedstatement s ~ from ail ro ~ " '
(} p party owners iisEed ori~the v~iarr'aaty deed who are'authbrizing s6meone other
than themselves to ad on their behalf as the appiir:ant.
G. Certlflcate of Title from an Attorney or Title Insurance Company (0 and !: Report) prepared within six (6} months
before date of Application.
H. Certificate of Good' Standing for corporatellimited liability companylpartnen~h(p• owner; copy of Articles of
incorporation for Corporation/copy of Artic[es of Organization for LLClcopy of Partnership Agreement for
Partnerahiplcopy of document creating other ent[fies.
I. >: there a Aerr(s~mortpage(s) against the property? Yes No
if yes, please sttach a letter of autharizatten from all the IlenhoWers.
1 Desu~e the exlstlnfl use of the property
K l'~aedbe the hitssded use of the property.
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The undersigned understands that this Application must be complete and accurate prior to advertising a public
hearing. The undersigned further understands that this Application may be required to be reviewed by the Urban Services
Advisory Committee created by Interlocal Agreement between Indian River County and ail muntdpalifies within the County
before it is presented to the City Council.
STATE OF
COUNTY OF - . .
I, being first duly swum, dep~e and say that
i am the owner of ttie subject property, or if a mrporaflonAimited >rabigiy company/partnership, I am the officedmanaging
member/general partner authorized to sign this App>iCa6on.
1 am the legal representative of the owner of the subject property of this Application. (If the property is not owned or owned
onlyin-part-by-the-app(lcant~a-notarized.lettecmust-acxoty~the.Applk;ation_gnrx~g written-consent-by.ali_properiy.owners.ot
the subjec#.propetty unless. the applicant is the.Attomey. for the owner)
ALL THE.ANSWERS TO THE QUESTIONS IN THIS APPLICATION AND ALL SURVEYS, SKETCHH5 AND DATA
ATTACHED TQ AND 61ADE A:.PART OF 7H1S APRL.tCATiQN. ARE TRUE AIy.Q CQi~iI,CT 70 TFEE BE$]' 0~ MY, ~OWI,EDGE
ACID. el=uEF:
Dated:
STATE OF _ _ ,~
Courvrr OF ,
tApp+kanrs Stll
~~
(~'~1
The- foregoing Instrument was acknowledged before me ibis day of _ 20 by
who [ j is personaNy known to me or [. j has produced a
.as identification.
jN o f a ry See !j Notary Pubfic -. Commission No
Prfnled Name:
My Comrntasion Expires:
FOR CITY OF USE ONLY:
CITY OF _ _..: .. ANNEXATION•NUMBER: ~ . -...: .._~_. .. , :...:. - -....~ ........,..: ..
FEES PAID: RECS;iPT NUMBER:
PZILPA MEETING DATE/ACTtON:
CITY CouNCIL I~EETtNGIAcnoN:
SIGNATURE OF PERSON ACCEPTING APPLICATION:
DATE'
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EXHIB~ B'
4~rWOM V7orCrld~~f/pr,lppC,~Jp, ~iljfldbdrEt m-IddRdae
EXHIBIT C
Rules of Procedure for the Urban Services Advisory Committee
1) Creation of an Urban Services Advisory Committee
a} The Urban Services Advisory Committee ("USAC"} is created pursuant to Section
4 of the Interlocal Agreement Among- All- Local, General-Purpose Governments in
Indian River County, Under the Authority of Chapter 171 Part II Florida Statutes,
Relating to Annexations, Land Use Changes; and the Urban Service Boundary (the
"Interlocal Agreement")
2) Membership
a) Membership to the Interlocal Agreement shall be comprised of Indian
River County, the City of Vero Beach, the City of Sebastian, the City of Fellsmere,
the Town of Indian River Shores, and the Town of Orchid (the "Parties").
b) -The Parties to the Interlocal Agreement shall be represented on the USAC
c} The USAC shall be composed of an elected official of each Party or an alternate
appointed by the governing body of each Party.
d) Each Party, at its annual organizational meeting, shall designate an elected official
to serve on the USAC. Each Party shall also designate an alternate to serve on the
USAC when the elected official appointed by the governing body is unavailable.
3) USAC Chair
a) The Chair to the USAC shall be the County Representative.
b) The Chair, who after consultation with County staff, shall be responsible for calling
the meetings, providing all notices and the taking of minutes, and ensuring that
required reports are written.
c) The Chair is responsible for ensuring order and decorum during the USAC
meeting.
4} Quorum
a) At anytime a quonrm fails to exist, the Chair shall cancel and postpone the USAC
meeting.
b) No telephonic attendance shall be permitted due to the importance of graphic and
detailed information.
c} A majority of those members present and voting shall be necessary to carry any
action:
5) Place
a) All meetings of the USAC shall beheld in the Indian River County. Commission
Chambers, County Administration Building, .1801 27th Street, Vero Beach, Florida,
32960.
6) Time of Meeting
a) The Chair shall set a reasonable time for each USAC meeting.
EXHIBIT C
7) Rules of Debate
a) Presiding oj~cer may debate. The Chair may debate and move for any motion and
shall not be deprived of any of the rights and privileges of a USAC member by
reason of acting as presiding officer.
b) Getting the floor. Any USAC member desiring to speak shall address the chair and
upon recognition by the presiding officer, shall be confined to the questions under
debate.
c) Introduction before committee. All substantive matters requiring action by the
USAC shall be introduced by motion and supported by a second. If the substantive
matter being voted on relates to the issuance of a report as required by the
Interlocal Agreement, and no motion receives a second, or no motion receives a
majority of the USAC members approval, then the official report of the USAC
shall consist of any reports written by the individual members of the USAC.
Where the USAC committee makes an official recommendation based upon a
majority vote of the members present and constituting a quorum, any member not
in agreement with the majority may author a minority report.
d) Interruptions. Any USAC member who has the- floor shall not be interrupted
unless it is to preserve order or to ask for an explanation. If a USAC member is
called to order, speaking shall cease until the question of order is determined.
e) Privilege of closing debate. The Chair shall have the privilege of speaking last.
f) Motion to reconsider. A motion to reconsider an action taken by the USAC may be
made only during the meeting at which such action was taken. Such motion must
be made by one on the prevailing side, but may be seconded by any member. This
section shall not preclude any item on which USAC action has already been taken
from being placed on a subsequent agenda.
8) Addressing the USAC
a) Any person who desires to address the USAC may be recognized by the Chair, and
when recognized shall step to the microphone, give his name and address, and then
give his remarks, limiting his remarks to three minutes unless additional time is
granted by the Chair. All persons who address USAC must be sworn in under oath.
9) Silence constitutes affirmative vote
a) Unless a member of the USAC states he is abstaining, his silence shall be recorded
as an affirmative vote.
10) Required Reports
a) If a USAC report is required as a result of the Interlocal Agreement, -that report
shall be written by the County based on direction from a majority of the USAC.
That report shall be submitted to the applicable jurisdictions based omthe Interlocal
Agreement.
11) Right of USAC Members to File Dissent
EXHIBIT C
a) USAC members who do not agree with a majority of the Committee may elect to
file "minority" reports. Individual USAC members or their representatives shall
be responsible for producing the minority reports.
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Exhibit F
It is the purpose of this exhibit to outline certain conditions and restrictions to be placed
on the properties generally known as Fellsmere Joint Ventures (FJV) and Ro-Ed
Corporation (Ro-Ed). Together these properties constitute approximately 21,000 acres
located within the City of Fellsmere as well as the Urban Service Area (USA) of the City
and County respectively.
FJV
Bernard A. Egan Groves, Inc.
Fellsmere East, LLC (now known as Fellsmere Estates, LLC)
Fellsmere Joint Venture, LLP
• Densi :Density shall be limited to a maximum of two (2) dwelling units per
acre, calculated over the gross acreage of the properties.
• Height: Height shall be limited to a maximum of 35 feet for residential structures
and 65 feet for non-residential structures plus 15 feet for architectural
embellishments.
• Agricultural Preservation:
o FJV shall be allowed to continue all existing agricultural operations and
practices.
o FJV shall agree to maintain a minimum of 40% of the Annexation
Properties for Agricultural uses for a period of 10 years from the Effective
Date of the Annexation Agreement unless citrus production becomes
impractical due to any Force Maj eure events or until Owner provides
substantive evidence of regional, national, or global market forces
compelling conversion to other uses in a faster time frame.
o The city agrees to support a continued Greenbelt exemption for ad
valorem tax purposes (the so-called "agricultural exemption") for any
portion of the Annexation Properties used for agricultural purposes prior
to non-agricultural development.
• Open Space: The City shall require that FJV effectively maintain a minimum of
50% of the gross Annexation Properties as open space including but not limited to
conservation areas; greenways and trails; all public parks greater than one acre,
whether passive or recreational; agricultural land; golf courses; all common open
space; all drainage/water resource systems, whether conveyance, retention, or
detention; upland preserves; and all public institutional property that is donated
(not sold); all subj ect to the requirements of the Fellsmere Comprehensive Plan
and reasonable discretion of the City Council through amendments to the Land
Development Code.
Design Standards: Development and design standards shall be promulgated by
the City of Fellsmere to ensure that development be of a sustainable nature and
shall:
o Preserve the heritage and character of the City of Fellsmere;
o Encourage the preservation of agricultural opportunities while providing
more diverse employment with higher wages;
o Protect and enhance the natural environment;
o Provide for the means to achieve water quality objectives within the St.
Johns river Water Management District;
o Increase the quality of life of its citizens;
o Manage water resources comprehensively throughout the area;
o Provide an interconnected system of native habitat preserves, greenways,
parks, and open space;
o Promote reduction in automobile trips;
o Balance housing with workplaces, jobs, retail and civic uses;
o Provide a variety of housing types to support residents of diverse ages,
incomes, family sizes, and lifestyles;
o Create predictability and efficiency in planning and in the provision and
the long term maintenance of infrastructure;
o Allocate infrastructure and public service costs in a fair manner to those
creating the need;
o Encourage the utilization of sustainable "Green" building and
neighborhood design and low impact site planning practices.
RO-ED
Ro-Ed Corp. and Roland M. Ansin (2,592 acres)
Ro-Ed Corp. (300 acres)
• Densi
o Density shall be limited to a maximum of two (2) dwelling units per acre,
calculated over the gross acreage of the properties on the Ro-Ed 2,592.
o Density shall be limited to a maximum of three (3) dwelling units per acre,
calculated over the gross acreage of the properties on the Ro-Ed 300.
Height: Height shall be limited to a maximum of 35 feet for residential structures
and 65 feet for non-residential structures plus 15 feet for architectural
embellishments.
• Agricultural Preservation:
o RO-ED shall be allowed to continue all existing agricultural operations
an practices.
o The city agrees to support a continued Greenbelt exemption for ad
valorem tax purposes (the so-called "agricultural exemption") for any
portion of the Annexation Properties used for agricultural purposes prior
to non-agricultural development.
• Open Space: The City shall require that RO-ED effectively maintain a minimum
of 50% of the gross Annexation Properties as open space including but not limited
to conservation areas; greenways and trails; all public parks greater than one acre,
whether passive or recreational; agricultural land; golf courses; all common open
space; all drainage/water resource systems, whether conveyance, retention, or
detention; upland preserves; and all public institutional property that is donated
(not sold); all subj ect to the requirements of the Fellsmere Comprehensive Plan
and reasonable discretion of the City Council through amendments to the Land
Development Code. This requirement does not apply to the Ro-Ed 300 property.
• Design Standards: Development and design standards shall be promulgated by
the City of Fellsmere to ensure that development be of a sustainable nature and
shall:
o Preserve the heritage and character of the City of Fellsmere;
o Encourage the preservation of agricultural opportunities while providing
more diverse employment with higher wages;
o Protect and enhance the natural environment;
o Provide for the means to achieve water quality objectives within the St.
Johns river Water Management District;
o Increase the quality of life of its citizens;
o Manage water resources comprehensively throughout the area;
o Provide an interconnected system of native habitat preserves, greenways,
parks, and open space;
o Promote reduction in automobile trips;
o Balance housing with workplaces, jobs, retail and civic uses;
o Provide a variety of housing types to support residents of diverse ages,
incomes, family sizes, and lifestyles;
o Create predictability and efficiency in planning and in the provision and
the long term maintenance of infrastructure;
o Allocate infrastructure and public service costs in a fair manner to those
creating the need;
o Encourage the utilization of sustainable "Green" building and
neighborhood design and low impact site planning practices.
n xn~terIoeal . regiment Oman
AY1 Racal e~eral~I'nr ose av`ern~nents in Indian diver noun
U~~er the ~nthori o~ ha ter ~~~ Part ~I Florida statutes
ela~iu fo A~nexatinns hand ~Jse lean es and the Urban crvicc l~a~ndarv.
This A~greernent is made the date lasfi written below b~ and between Indian liver ~aunt}~,
tha pity of Vera ~eachx the pity of Sebastian, the it~r of l~ellsmere, the Town of fndiar~ .fiver
shores, and the Town a orchid the "Parties'~~.
w~~A, the undersigned Parties wish to protect the gr~ali of life in e entire
county ~~ restricting future height and density increases far certain praper~Y now in the nonw
urban area without unduly restricting the rights of municipalities to annex land when consistent
wig gaud growth n~anagernent practices; and
~~~, the Parties also wish to ensure that larger annexations are canszstent v~th
goad growth management practices relating to the prevision of municipal services to the area
proposed for annexation and thus fees that it is appropriate and beneficial to create a cornrriittee
of appainfied representatives dram the parties to review these proposed annexations; and
wH~~A, the Parties have an, interest in ensuxing that development in ~ruxal areas does
eat result in urban sprawl, and therefore have are interest in the pattern of develap~nent that
occurs regarcuess of whether the land has been annexed ar is still part of the unincorporated area
of the county; and
w~~i, such land use regulations governing multiple local governments mad be
adapted in l~"larida by charter, special act of the legislature, ar agreement of the local
go~ernn~ents; and
Page l of 1 S
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i
w~RIJA, the Parties desire to adopt appropriate gnp~ gro~rth management
regulations by agreement rather khan by charter or special act; and
wI~~RCA, the Parties are empowered to enter into cooperative agreements by ectior~
i3.DI Florida statutes, the "~'Icrida Interlocal Cooperation Act of ~ ~~~~';
~ T~~R~~~R.~ in consideration ~~ the mutual covenants and agreements herein
contained the parties agree as Follows:
~T~~ Y. Ado~~l,inn off' the ~t~terluca~ ervi~e B~undar~ ~,re a~.
IAY~PI~Pi1111iY`II04~Ii11i1hiliYi~.- I~lil-I~IIi A~I~p11141~I~IMh~~
The "'~nterlacal ervrce Boundary Area leap", attached and incorporated herein as
l~xhib~t "A"~ ~s hereby adopted as the official guide ~'ar future municipal annexations in Indian
River bounty, Ida mun~cipaiity may ara.ne~ property that is outside that rn~nicrpali s s
An.nexatian Reserve Area as shown an the rr~ap,
~T~~~ ~~ Ada flan a~'~Urb~n er~ice Area Baunda .
The "Urban service Area boundary", a shown on ~hil~it "A", is hereby adapted as the
delcation between the area of the unincorporated area of the county whiclx generally is non-
urban and that area which is uxhan.
T~~~ 3~ ~.~~r, ~n fal rl,~,l~~~,!~~A~~al„rY_nnext%`I~
To provide uniformity for reviewing voluntary annexations, each municipality shall use
an anneatian application in substantially the form provided an Eibit 'r~" attached and
~ncQrporated here~nr
~T~~ ~. ~Jrhan erviccs ~dvisa am~nittec.
a~ Them is hereby created the "Urban services Advisory omrnittee ~~`UA" or
"committee"~," which shall be composed of an elected o~`f ciao of each 1'ar and an alternate
appaited by the governing body of each Party, The chair of the UA shall be the ~our~ty
. Pageof~5
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representative, who after consultation with County staff shall be responsible for calling the
meetings, providing all notices and the taking of minutes, and ensuring that required reports are
written. To constitute a quorum, the representative from the County and at least three (3} other
municipalities, one of which must be the Party requesting the action, shall be present. The
County and the municipalities shall each have one vote. The USAC shall have the powers and
duties as described in ibis agreement. The USAC shall operate under the rules of procedure
attached and incorporated herein as Exhibit "C". The USAC may amend the rules of procedure
from time to time to accommodate any change in circumstances.
b) When any matter is referred to the USAC, it shall review and comment on all issues
relevant to the matter and shall issue a report approved by majority vote of the committee and
written by the chair or the chair's designee. There may be one or mare minority reports if the
minority so chooses.
c) The USAC report(s) shall be submitted to all the Parties pursuant to the procedures
contained in ibis agreement.
d) The cost of USAC report shall be paid by the initiating Party and such cost shall be
based on the number of hours spent creating the USAC report at a rate established by the Indian
River County Human Resources Department for the median hourly salary of a "Senior Planner" .
or its equivalent. Iu no event will such cost exceed $3,000. The median hourly rate of a "Senior i
Planner" shall be available upon request.
SECTION 5. Notice of Proposed Annexation to be provided to all Parties
Any municipality which has received a request for voluntary annexation, or which plans
to undertake an involuntary annexation pursuant to provisions of Florida Statutes Clyapter 171,
Part I, must provide notice Beni by certified mail, return receipt requested, to all Parties within
Page 3 of l S
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ten (IO) days of the receipt of a completed application or at least 10 days before the first reading
of an Ordinance for involuntary annexation. Any Party wishing to request a meeting in
accordance with subsection 6b) shall do so within 30 days after receipt of the notice.
SECTION 6. Annexation of Proyerty within the Urban Service Area
a) Unless the provisions of b) or c) apply, a municipality may proceed, after giving
the notice required by Section 5, to use the methods provided by Florida Statutes Chapter 171,
Part I, to annex land that is included in that municipality's Annexation Reserve Area when such
land is wholly within the Urban Service Area. However, pursuant to Section 171.204 Florida
Statutes, the Indian River Shores Annexation Reserve Area lying East of the Indian River
Lagoon and North of the Town of Orchid, the Northern boundary of the Town of Orchid and its
Annexation Reserve Area shall be considered contiguous to the Town of Indian River Shores for
annexation purposes. In addition any point-to-point or greater continuity of land located in the
Ci of Sebastian Annexation Reserve Area with the boundaries of the Ci of Sebastian shall be
considered continuous to the boundaries ol'the City of Sebastian for annexation purposes
b) If the property proposed for annexation is greater than 10 acres, but less than 160
acres, any Party may request in writing and within the 30-day notice period, that, before the
annexation occurs, there be a meeting among the County, the property owner, any requesting
Party, and the annexing Party to discuss and make recommendations regarding the merits of the
proposed annexation. This meeting shall be held within 30 days of receipt of the notice
requesting such meeting. The issues and recommenda#ions discussed at this meeting shall be
reported to the annexing municipality by the requesting Pariy, after which the governing body
of the annexing municipality may take whatever action it deems proper concerning the
annexation request.
rr~~ J I Page 4 of 15
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c) If the property proposed for annexation is 1 b0 acres or larger, no annexation shall
occur until the proposal has been reviewed by the USAC. The USAC shall hold a review
meeting within 30 days from the date notice, as provided in Section 5, is received by the
County. The USAC shall issue a written report(s) within 30 days after its revietiv meeting.
Prior to scheduling the first reading of an Annexation Ordinance, the annexing municipality
shall first hold an advertised public hearing for the sole purpose of addressing the USAC
report{s). The governing body of the annexing municipality sha[I publicly respond to the
recommendations of the Committee at such hearing and may then take what action it deems
proper concerning the annexation request.
SECTION 7. Annexation of Property Outside the Urban Service Area Boundary
If the property proposed for annexation is outside the Urban Service Area Boundary and
within the municipality's Annexation Reserve Area, no annexation shall occur until the proposal
has been reviewed by the USAC in accordance with the procedures in subsection be}, except that
when the property to be annexed does not exceed 10 acres in size, any review shall be in
accordance with the procedures in subsection 6b}. The above notwithstanding, there is no review
at all when the annexed property consists of existing platted lots of record. All annexations shall
be in accordance with Florida Statutes Chapter 171, Part I.
SECTION 8. Height and Density Change Restrictions for Annexed Property tivithin
a Municipality's Annexation Reserve Area and Outside the Urban Service Area
Boundary.
a} If the Property to be annexed is within a municipality's Annexation Reserve Area,
but outside the Urban Service Area Boundary, the property, if annexed after the effective date of
Page 5 of i 5 ~ r~
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this agreement, may not thereafter have its height or density limits increased unless otherwise
changed as provided in Section 12.
b) Notwithstanding the limitations provided for in subsection a), Fellsmere may
increase heights and density for property within its Annexation Reserve Area, but outside the
Urban Service Area Boundary, if that increase is in accordance with the County's New Town
Policy as those policies exist at the date of annexation. If the County amends its New Town
Policy after the date of annexation, FeIlsmere may elect to utilize the amended New Town
Policies if the amended policy would apply to the annexed property, if that property were still in
the unincorporated area. However, no height or density increase shall occur unless the property
is developed in full accordance with the County's New Town Policies-
c} Notwithstanding the limitations provided for in subsection a), development of that
portion of Sebastian's Annexation Reserve Area outside of the Urban Service Area Boundary
shall be in accordance with Exhibit "D" attached and incorporated herein.
SECTION 9. Changes by the County to the Urban Service Area Boundary and
Com rehensive Plan Chan es for Land Outside the Urban Service Area Bounds
a) Proposed changes by the County to the County's Urban Service Area Boundary
shall first be brought to the USAC for review and comment. The Urban Service Area Boundary
shall not be moved unless approved by the procedure in Section 12 of this agreement. Should
the Urban Service Area Boundary be moved, the height and/or density for such newly included
land shall not thereafter be changed unless approved by the procedure in Section l2 of this
agreement.
b) Unincorporated land outside the Urban Service Area Boundary may be designated
by the County as a County "New Town", and that designation shall not shift or be construed to
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V W:\Ciry MFellwneSfSeA - tmedoul Smiee 9aundary A~eemcmll58A movrd from pESKTOP 4•)0.UB{Trackel pMFT ISBA [merltxa! Servim Boundary ABmcmrnt 10.27-OB.da
shift the Urban Service Area Boundary. Land with a County "New Town" designation shall be
entitled to develop as permitted by the County's Comprehensive Land Use Plan, but in no event
shall such development exceed two (2) units per acre or exceed a height of 35 feet for residential
structures and 50 feet for non-residential structures, plus l 5 feet for architectural embellishments,
provided no portion of the 15 feet may be used for human occupancy. See Exhibit "E" attached
and incorporated herein, far criteria for such County "New Town" designation.
c} Except as provided in Subsection 9.b) above, the review provisions of this
Subsection c) shall apply to all Future Land Use Map {PLUM} or text amendments by the
County to the Comprehensive Plan that increase the height or density for land outside the Urban
Service Area Boundary after the effective date of this agreement. The PLUM or text amendment
to the Comprehensive Plan shall first be brought to the USAC for review and comment prior to
the public hearings to be held by each Party in accordance with Section l2. The report{s) by the
USAC shall be presented to the County at an advertised public hearing called for that purpose by
fine County. The Board of County Commissioners shall publicly respond to the
recommendations at such hearing. Thereafter, subject to any changes to the FLUMs or text that
may be made as a result of the USAC report(s) by the County, the amendment(s) must be
approved by the procedure in Section 12. The County shall provide the USAC with the complete
amendment package, including supporting data and analysis pursuant to Chapter 9J-S, Florida
Administrative Code, that would be considered by the County for action at any transmittal or
adoption public hearings.
SECTION 1Q. Review of Comprehensive Plan Amendmen#s For Annexed Property
within the Urban Service Area Boundary.
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a) The review provisions of this Section shall apply to amendments to the
Comprehensive Plan of any municipality that changes the Future Land Use Maps (FLUMs) for
any area annexed after the effective date of this agreement, within the Urban Service Area
Boundary, except as provided for in subsections d) and e) of this Section.
b) The review provisions of this Section shall apply also to text amendments to the
Comprehensive Plan of any municipality that increase density or height limitations, for any area
annexed after the effec#ive date of this agreement, within the Urban Service Area Boundary,
except as provided for in subsections d) and e) of this Section.
c) The amendment of the Comprehensive Plan shall frst be brought to the USAC.
The municipality amending its Comprehensive Plan FLUMs or text shall not hold a transmittal
hearing until a subsequent meeting following the meeting at which the USAC written report{s)
were presented. The report{s) by the USAC shall be presented to the municipality amending its
Comprehensive Plan at an advertised public hearing called for that purpose by the amending
municipality. The governing body of the municipality amending its Comprehensive Plan shall
publicly respond to the recommendations at such hearing and may then take what action it deems
proper concerning the proposed Comprehensive Plan amendment. The USAC written reports}
and the local governing body's response to the reports} shall be included in the Comprehensive
Plan amendment package to be submitted to DCA and other appropriate reviewing agencies.
d) Any amendment to the Comprehensive Plan that provides for a FLUM
designation or text amendment for the annexed property that contains the same residential
density or a reduction in residential density when compared to the County FLUM designation or
text provision either as of the date of annexation or any future County FLUM designation or text
provision that would be applicable to the annexed properly, if such property were still in the
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unincorporated area, whichever is least restrictive, shall be exempt from the review provisions of
this Section. Likewise, to be exempt, the maximum building height for residential structures
shall not exceed that allowed by the County's regulations either as of the date of annexation or as
allowed by the County for the annexed property at any future date, if the property were still in
the unincorporated area, whichever is higher. This exemption does not apply to a
Comprehensive Plan FLUM designation or text amendment for annexed property that changes to
a nonresidential use.
e) Small scale amendments pursuant to Section 163.3187(1}(c} Florida Statutes that
do not increase the height above 35 feet for residential structures and 65 feet for non-residential
structures, plus 15 feet for architectural embellishments, provided that no portion of the I S feet
may be used for htunan occupancy, or increase the density in excess of two (2) units per acre for
annexed properties, which properties are within the Urban Service Area Boundary, are exempt
from the review provisions of this Section.
f1 Changes to the City of Fellsmere's Comprehensive Plan, Future Land Use
Element, initiated after the effective date of this agreement that provide for a FLUM designation
or text amendment{s) to the site specific Objectives and/or Policies related to the following
properties which were annexed after May 22, 2007, but before the effective date of this
agreement:
Bernard A. Egan Groves, Inc.
Fellsmere East, LLC {now known as Fellsmere Estates, LLC)
Fellsmere Joint Venture, LLP
Ro-Ed Corp. (300 acres)
Ro-Ed Corp. and Roland M. Ansin (2,592 acres)
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shall be brought to the USAC. Such_Comprehensive Plan FLUM or text amendment(s) to the
Future Land Use Element shall be in accordance with Exhibit "F" attached and incorporated
herein. The City of I'ellsrnere shall provide the USAC with the complete amendment package,
including supporting data and analysis pursuant to Chapter 9J-5, Florida Administrative Code.
The USAC shall hold a review meeting and issue its report(s) within 45 days of receiving the
proposed Comprehensive Plan FLUM or text amendment{s) and supporting data and analysis.
The City of Fellsmere shall not hold a transmittal hearing until a subsequent meeting fallowing
the meeting at which the USAC written report(s) were presented. The report(s) by the USAC
shall be presented to the City of Fellsmere at an advertised public hearing called for that purpose.
The City Council shalt publicly respond to the recommendations at such hearing and may then
take what action it deems proper concerning the proposed Comprehensive Plan FLUM or text
amendment(s). The USAC written report(s) and the City of Fellsmere's response to the report{s)
shall be included in the Comprehensive Plan amendment package to be submitted to DCA and
other appropriate reviewing agencies. Notwithstanding all of the above, the provision of this
subsection 10 f) shall not apply to the initial Comprehensive Plan FLUM designation or text
amendment{s), change(s) or modification(s) submitted by letter dated August 22, 2008 from the
City of Fellsmere City Manager to the Florida Department of Community Affairs for Bernard A:
Egan, Inc., Fellsmere East, LLClFellsmere Estates, LLC, Fellsmere Joint Venture, LLP
{hereinafter collectively referred to as Fellsmere Joint Venture), Ro-Ed Corp. and Roland M.
Ansin (2,592 acres} and Ro-Ed Corp (300 acres), nor shall this subsection 10 f) apply to any
Comprehensive Plan FLUM designation or text amendment(s), change(s) or modification(s) that
may be made by the Fellsmere City Counci! upon their own initiative in the course of or as a
result of the review by the Department of Community Affairs, Division of Administrative
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Hearings of the Department of Management Services or the Administrative Commission that are
necessary to bring such Comprehensive Plan FLUM or text amendment(s) into compliance.
SECTION 11. Review of Comprehensive Plan Amendments for Annexed PronertV
Outside the Urban Service Area Boundary.
a} The review provisions of this Section shall apply to amendments to the
Comprehensive Plan of any municipality that changes the FLUM for any area annexed after the
effective date of this agreement, outside the Urban Service Area Boundary, except as provided
for in subsections d) and e) of this Section.
b) The review provisions of this Section shall apply also to text amendments to the
Comprehensive Plan of any municipality that increase density or height ]imitations far any area
annexed after the effective date of this agreement, outside the Urban Service Area Boundary,
except as provided for in subsection d} and e} of this Section.
c) The FLUM or text amendment to the Comprehensive Plan shall first be brought to
the USAC for review and comment prior to the public hearings to be held by each Party in
accordance with Section 12. The report(s) by the USAC shall be presented to the municipality
amending the FLUM or text of its Comprehensive Plan at an advertised public hearing called for
that purpose by the amending municipality. The governing body of the municipality amending
its Comprehensive Plan shall publicly respond to the recommendations at such hearing.
Thereafter, subject to any changes to the FLUM or text that may be made as a result of the
USAC report(s) by such governing body, the public hearings required by Section l2 shall be
held. The municipality shall provide the USAC with the complete amendment package,
including supporting data and analysis pursuant to Chapter 9J-S, Florida Administrative Code,
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that wau~d be considered by its local gavernii~g bads far action at any transmittal or adoption
public hearings,
d) Any amendment to the Camprehensive Plan that provides for a FLUM
designation or text arnendmcnt for the annexed proPe that contains the same residential
density ar ~ reduction rn residential density when compared to the aunty ~LUl1~ desigr~atian or
text provision Dither as of the date of annexation ar any future Jaunty ~LUI~ designation or text
provision that would be applicable to tie annexed property, if such property were still in the
unincorporated area, hiohe~re~ is less restrictive, shl be exempt :Dram the review provisYau of
this section,. Li~ew~ise, to he exempt, the max~rnurn buiidin~ height far residential structures
shall not exceed that allowed by the County's regulations either as of the date of aunexatian ar as
allowed by the bounty for the annexed property at any ~`uture date, i~ the property were stir in
~e unxncorparated area, whichever is higlaor, `his exerrlption does oat apply to a
ompreher~sive Plan FLUNr designation ar text arnendment for annexed property that changes to
a nonresider~tiai use,
e) Srnail scale amendments pursuant to Section 153.3187{1)(c) Florida Statutes for
annexed properties which are outside the Urban ~ervzce Area Bc~unda~y that cnr~sist of existing
platted lots a~` reoord shall be exempt from the review provisions of this section,
~~~N ~~. ~cstrictions a be han~~d h Unanrmc~us A ree~ment. ~
,Amendment of the provisions aonta.ined in this agreement, changes to the Interlocal j
er~rice Boundary Area dap, increase in height and~or density far annexed land outside the
Urban Service Area ~anndary {as required by ectian ~~, clrar~ges by tlae Jaunty to tl~e aunty's
Urban Service Area Boundary has required by section }, increase in height andlor density for
land brought by the bounty into the ~a~~nty' Urban Service Area Boundary has required by
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ecfion ~}, increase in height and~or density by tha bounty for land outside the l~rhan ex~rice
Area boundary has required by Section ~~, changes to e Fl;~~l~ls ar tent of the ampreher~s~ve
Plan or change tc a nonresidential use far annexed land outside tl~e ~Jrban service Area
Boundary has required by Section I ~~ and and re~isior~s made pursuant to the periodic review
provisions of Section ~ 5 may he made only by unanimous agreement of alI the Parties. ~'he
governing body of each Party snail hail an advertised public hearing and vote thereafter as tc
whether to make ur approve any such changes or recisions. All actions shall be by resolutionY A
certified copy off` the adapted resolution shall be presented to the chair of USA who shall
thereafter ad~rise even Party as to the vote of all other Parties and whether there was unanimous
agreement tc make or approve any proposed change or revzsian.
E'TI~I~ ~. ~Y~h~ of Enforcement.
'~ AI~~~Yllh iY~l+Mi• ~ IIIPI91Y~Yi
~~ Panes to this agreement shall have the Iea~ right to enforce the provisions of this
agreement as Provided in Section 171.E ~ ~ l~`lorida statutes ~~OD7 J I Nothing herein should be
const~ied a ~ waiver to any other right granted by law.
E~'~N ~4. Execution a~ N~nltipic ogle.
I i i ni i lirlrrrr i iuumnnr Aw•nwA~A~~wInY
T'lus ~g~'eea~ent ~n~y be srgned In multiple copies, each of which shall be deemed an
~rlglnal.
1
a} Thi, agreement shall be far a term of ~ years and shall be reviewed eye fve years
after its execution date. 7n addition, as rego;red by section 171.~~~~ ~ ~ Fla. Statutes ~~~a7~ this
agreerneut~shaii be reviewed l S months before its termination date.
b~ 'phis agreement represents a unified effort by Parties to regulate annexations and land
uses within Indian River Jaunty without resorting to a county hone rule charter firm of
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W;ICi~y of~dlsmrrr115@A • lnicrlocal Service Boundary A~rsmcn11~~8A ~avctl from ~~sK"f~~ ~•30~OSl~rackc~ CRAFT iS~A f~rlcrlo~al5rrvit~ ~o~ndary Agreement 1~-23•QS,dac
g~verrunent. Ta continue with this agreement while an attempt is rr~ade ~~ establish a charter
farms of govern~nent~ would be inconsistent with the purpose for ~rhich, this agreement vas
cxeated. Therefore, notwithstanding the ~a-year term provided for in sube~tiorr a}, upon the
occurrence of any one ofthe fallowing:
I} The appain~nent off' a charter carnn~ision either following the adoption of a
reso~u~on by the ~aard of bounty arnrnissianers ar foilawing the s~brr~~ssian of a
petition to the county con~missior~ signed by at Ieast fifteen percent ~~ ~~~~ of the
qualified electa~s of the county requiring that a charter con~rnissian be e~tabiished, in .
accordance .th the procedures set forth in Section ~~~.~~ Florida Statute,
~~ The adoption of an a~rdinance by the hoard of bounty ~ornmissioners proposing a
charter ~`orrn of ga~ernmer~t in accordance with Section i~~.S~ Florida Statutes.
3~ The passage of a bill by either douse of the State a~ Florida legislature to create a
special law reatixig to a charter form of govern.mer~t for Indian River bounty.
ar~y Party may withdraw frarn this agreement upon adoption of a Resolution calling for
withdrawal by such Party. The resolution calling for withdrawal from this agreement may be
adapted at any time, so ~or~g as the cause set Earth above had not been re~~dered n~oot. The
resfl~ut~on sha11 set forth which ~~' the items above has occurred, with docurrxentation attached
and as of the effective date a~` such Resolution, the witl~dra~ving party shall ~o ~ longer be bound
by ~r ~ub~ect to this agreement, Thereafter, this agrcerncnt shall remain ire full Force and effect,
but as to only these Parties that have not withdrawn from this agreement,
~~`~~ ~ G. ~fectYVe ~~te,
This agreement shall became efi'ective upon fling with the lerl~ of the circuit court o~
Indian River bounty pursuant to Section 1 ~3,~ 1 ~l ~ }Florida Statutes ~~a~7~.
Page 1~ of ~ 5
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~N 'TES ~~~~', the ~art~es her~t~ have set heir ~a~nd~ and peals as of tie
date written below.
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