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Ord 01-15
Attachment NameAttachment SizeAttachment Date
Size: 151K
Last Updated: 2015/5/13
Size: 165K
Last Updated: 2015/5/13
Size: 1.6M
Last Updated: 2015/3/19
Size: 403K
Last Updated: 2015/3/12
City of DeBary SealCity Council Meeting
City of DeBary

Subject: FLUE Amendment Ord #01-15
From: Matt Boerger, Planning Administrator           
Meeting/Hearing Date: July 1, 2015

(X)  Ordinance
(   )  Resolution
(   )  Other
(   )  Supporting Documents/Contracts

This is an administrative request by the Planning and Zoning Department to adopt Ordinance #01-15 (attached) amending the Future Land Use Element, Policies 5.406 and 5.407 as they pertain to the Southeast Mixed-Use Area/Transit Oriented Development (SEMUA/TOD) Overlay District Future Land Use Classifications. The proposed amendments would make the TOD Overlay regulation plan mandatory and end the current opt-in status. Additional proposed changes to these policies are highlighted as follows:

  • Future Land Use Policy 5.406 has been simplified to allow for a wider range of mixed-use development in the Southeast Mixed-Use Area (SEMUA) Future Land Use Category. Permitted uses include Commercial/Office, Commercial/Retail, Industrial/General, Public/Institutional and Residential. A combination of these uses may be permitted in mixed-use development projects within the SEMUA Future Land Use Designation. Hotel and conference center uses may be permitted as part of a mixed-use development that includes residential and commercial development.
  • The permitted maximum density in the Southeast Mixed-Use Area (SEMUA) Future Land Use Category is increased from 8 dwelling units per acre to 10 dwelling units per acre.
  • The required minimum density has been decreased from 14 dwelling units per acre to 8 dwelling units per acre. The new density range in the TOD overlay is now 8 – 32 dwelling units per acre.
  • The minimum floor-area ratio (FAR) for non-residential uses throughout the SEMUA/TOD Overlay District shall be 0.3.
  • Land use percentage requirements have been struck from the policies to simplify the Future Land Use Southeast Mixed-Use Area (SEMUA) designation.
  • Pre-existing agricultural uses within the SEMUA shall be permitted to continue subject to compliance with the provisions (including density and intensities) governing the Agricultural/Rural (A/R) future land use classification until development occurs in accordance with the uses, intensities and densities set forth in the SEMUA/TOD Overlay District.
Background Discussion
In 2010 the City of DeBary was in the process of evaluating its existing Comprehensive Plans and Land Development Code criteria as it pertains to transit oriented development near the future $1.6 billion SunRail commuter rail system. After the evaluation, it was determined that the existing future land use and zoning categories as well as the development criteria for properties adjacent to the proposed DeBary train station were incompatible. Many of these existing future land use and zoning designations limited density and intensity of development, required large setbacks from property lines, had large parking requirements, and generally promoted developments geared more towards the automobile and trucking modes of transportation rather than the proposed train station. Therefore, proposed changes to the plans were made to promote transit compatible land uses and development criteria. This was done by integrating land use and transit through the combination of residential and nonresidential uses that would be within a comfortable walking distance and would maximize access to public transportation.

On October 6, 2010, the City Council adopted the City’s Evaluation and Appraisal Report (EAR), which includes a Transit Oriented Development (TOD) Overlay District shown on the City’s Future Land Use Map. The Florida Department of Community Affairs found the City’s EAR-Based Amendments in compliance and issued the Notice of Intent (NOI) on December 8, 2010. The City then adopted a TOD Regulating Plan on December 29, 2010 under Ordinance 13-10 which is now codified in the Land Development Code as Article VI of Chapter 5 and implements the TOD Overlay District.

The adopted TOD regulating plan is intended to create the desired built form. This regulating plan promotes compact land use patterns that support energy efficiency and multi-modal transportation options as well as require street design that creates public space which is safe and welcoming for pedestrians. The general purposes of the regulating plan are to:

  • Encourage transit use
  • Increase housing opportunities
  • Provide standards to ensure a high quality appearance
  • Promote a functional mix of land uses
  • Promote walking and bicycling
  • Promote energy efficient land use patterns
The currently adopted regulating plan puts forth the development and architectural standards for properties that choose to develop under the TOD overlay development. However, properties may also develop according to their existing underlying zoning designation which may be incompatible with the nearby commuter rail infrastructure.

In May of 2014 the East Central Florida Regional Planning Council (RPC) partnered with the City of DeBary to complete the “DeBary SunRail Station Area Economic Development Strategic Plan” which was funded by a grant secured from the Florida Department of Economic Opportunity (DEO). As part of the Strategic Plan, recommendations were made by the Regional Planning Council, with the most significant suggestion being that the City make the TOD Overlay criteria mandatory, as opposed to the current opt-in status. Therefore, the proposed ordinance, if adopted, would make the TOD criteria mandatory as well as some other minor revisions identified in the Summary/Highlights section above.

The full ECFRPC plan recommendations report as well as the proposed Ordinance containing the amendments to the Comprehensive Plan Future Land Use Element are attached.

Findings of Fact:
The Local Planning Agency reviewed the Ordinance on March 25, 2015 and voted unanimously to recommend approval of the Ordinance # 01-15. Staff finds that the proposed Comprehensive Plan amendments are in compliance with Chapter 163 Part II, Florida Statutes and the City of DeBary Comprehensive Plan.

Recommended Motion  
Transmit Ordinance #01-15 amending the Comprehensive Plan Future Land Use Element, Policies 5.406 and 5.407 to the Department of Economic Opportunity for State Review.

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other


City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122