§ 104.00. Findings.

104.01. General findings.

A.

F.S. ch. 163, requires the City of New Smyrna Beach to enact unified land development regulations which implements and is consistent with the city's comprehensive plan and which contains all land development regulations for the city.

B.

Controlling the location, design and construction of development within the city is necessary to maintain and improve the quality of life within the city as more fully described below.

C.

High quality development pays for itself. It provides necessary improvements, enhances the tax base, attracts other quality development and, in general, is an asset to the city.

D.

Low quality development does not pay for itself. It overburdens existing improvements, adds little to the tax base, attracts other low quality development and, in general, is a liability to the city.

104.02. Specific findings.

A.

Administration and enforcement.

(1)

Land development administrative procedures under one cover promotes efficient development.

(2)

All development proposals should undergo a development review process to assure compliance with the requirements of this LDR.

(3)

Mandatory concept review allows developers to modify proposals in response to early citizen and staff comment.

(4)

Developments having large potential impact on the environment and community should go through a more rigorous review process than others.

(5)

Review of planning decisions should be independent of review of land development decisions to avoid ad hoc planning on a site-by-site basis.

(6)

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

(7)

A quick, efficient and nonpolitical avenue of appeal should be available for all administrative decisions.

(8)

Enforcement of development orders and the provisions of this LDR should be through procedures that are efficient, effective and consistent with the LDR enforcement procedures established by state law.

(9)

All developers should develop using the same administration and enforcement procedures.

(10)

Development agencies and boards, permits and consistent enforcement procedures assure community developments that maintain or improve the quality of life within the city.

(11)

Amendment and exception procedures assure quality development in a dynamic and imperfect setting.

B.

Comprehensive plan consistency and concurrency.

(1)

The city's comprehensive plan is a blueprint of future growth and was developed with input from the community. Developments consistent with the comprehensive plan express community desires.

(2)

Concurrency is required to prevent public facilities from being overloaded and thus reducing the quality of life in the city.

(3)

Concurrency will require development to pay for itself and relieve existing residents from the burden of paying for growth.

C.

Improvement design standards.

(1)

Right-of-way improvements.

a.

Are costly to construct and maintain.

b.

Should provide safe, adequate and aesthetically pleasing access to property.

c.

Contribute greatly to stormwater runoff pollution if drainage systems are not constructed properly.

d.

Provide a potentially hazardous situation for pedestrian, bicycle and vehicular traffic if not properly designed and constructed.

(2)

Stormwater management.

a.

Stormwater runoff erodes [land] and pollutes ground and surface water.

b.

Stormwater runoff often contains nutrients, such as phosphorus and nitrogen, which adversely affect flora and fauna by accelerating eutrophication of receiving waters.

c.

Erosion silts up water bodies, decreases their capacity to hold and transport water, interferes with navigation, and damages flora and fauna.

d.

Installation of impervious surfaces increases the volume and rate of stormwater runoff and decreases groundwater recharge.

e.

Improperly managed storm- water runoff increases the incidence and severity of flooding and endangers property and human life.

f.

Improperly managed storm- water runoff alters the salinity of estuarine areas and diminishes their biological productivity.

g.

Degradation of ground and surface waters imposes economic costs on the community.

h.

Eighty to 95 percent of the total annual loading of most stormwater pollutants discharged into receiving waters are concentrated in the flush created by the first one inch of rainfall ("first flush"), and carried off-site in the first one-half inch of runoff.

i.

Improperly managed storm- water adversely affects the drainage of surrounding property.

(3)

Utilities.

a.

Reliance on the city central potable water system reduces salt water intrusion associated with individual wells and package potable water treatment plants;

b.

Reliance on the city central sewer system reduces pollution associated with septic tank and package wastewater treatment systems;

c.

Underground utilities are much more aesthetically pleasing and cost less to maintain than overhead utilities; and

d.

The utilities commission specifies the required sewer, water and electric power capacity for each development.

(4)

Fire protection.

a.

The amount of water required to extinguish a fire ("fire flow" is indicated in gallons per minute) varies with the size of a development;

b.

Adequate access to a development must be available in order to provide sufficient fire protection;

c.

Firewalls prevent a fire in one unit from easily spreading to another unit;

d.

Adequate fire protection saves money for the property owner, the city, and the residents of the city; and

e.

The ultimate fire protection goal is to prevent loss of life.

(5)

[ Tree preservation and landscaping. ] Tree preservation and landscaping benefit the community by:

a.

Absorbing carbon dioxide and returning oxygen to the atmosphere;

b.

Precipitating dust and other particulates from the air;

c.

Providing wildlife habitat, particularly for birds which in turn help control insects;

d.

Providing soil stabilization which reduces erosion and mitigates the effect of flooding;

e.

Providing shade which reduces energy consumption and glare and making outdoor areas more comfortable during the warm months;

f.

Making the developed environment more attractive by adding a variety of color, shape and pattern and thus increasing community pride and the value of property;

g.

Providing attractive buffering between incompatible land uses;

h.

Abating noise;

i.

Attracting higher quality developments into the community; and

j.

Saving money for the property owner and the city in general.

(6)

[ Native vegetation. ] Because native vegetation is adapted to local diseases, pests, soil and climate, it is generally more economical and desirable than exotic species which require more pesticide, fertilizer and water.

(7)

[ Exotic vegetation. ] Exotic vegetation can crowd out native vegetation, uses more water, and damages the environment from increased use of fertilizers and pesticides.

(8)

[ Beneficial trees. ] Because some trees are more beneficial than others, the public benefits of tree protection may be obtained without preserving each and every tree.

(9)

[ Mangrove trees. ] Mangrove trees are especially valuable in stabilizing, building and protecting the shoreline, providing for spawning and breeding grounds for marine organisms and other wildlife, and serving as the basis for most of the estuarine food chains, which are critical to 70 to 90 percent of those species considered important from a recreational and/or commercial standpoint.

(10)

Addressing and mail delivery.

a.

Proper visibility of the property address is necessary for efficient police, fire and mail delivery service.

(11)

Police protection.

a.

Proper lighting of property is necessary to prevent vandalism, burglary and other mischievous acts;

b.

Trees and shrubbery located in front of windows and doors aid criminals in wrongful entry to structures; and

c.

Signage can be used in abating crime and traffic violations and improving traffic safety.

(12)

Solid waste management.

a.

Efficient trash collection is necessary for the health and welfare of a community; [and]

b.

Traditionally solid waste management areas are an eye sore. Aesthetically pleasing solid waste management areas maintain or increase property values and the welfare of the community in general.

(13)

Solid waste recycling.

a.

Solid waste recycling is mandated by state statutes;

b.

Solid waste recycling saves money by conserving the valuable natural and manpower resources used to produce goods; [and];

c.

Solid waste recycling reduces the cost of waste management by reducing dependence on landfill facilities. The cost to construct and operate a landfill facility runs in the millions of dollars per acre.

(14)

Buildings.

a.

Buildings constructed to proper standards protect the health of the general public particularly in times of natural or manmade disaster; and

b.

Buildings constructed to proper standards maintain or enhance the value of property within the city and therefore enhance the welfare of the general public.

(15)

Off-street parking and loading.

a.

Some land uses require more parking spaces than other land uses;

b.

The size of automobiles have varied throughout the years. During the late 1970's and early 1980's car sizes were generally reduced. During the mid and late 1980's, car sizes increased. Inadequate parking space and access aisle size results in damaged automobiles and injured persons;

c.

Over-paving a site is unattractive and results in runoff pollution and flooding; and

d.

Parking lots need to be designed for vehicular and pedestrian traffic.

(16)

Permanent reference points.

a.

Accurate subdivision of land is necessary to easily determine lot and block boundary lines so there is no question of ownership in the future.

(17)

Sidewalk and bicycle facilities.

a.

New Smyrna Beach is a beach and retirement community and thus has a large amount of bicycle and pedestrian traffic.

b.

Sidewalk and bicycle facilities are needed to assure a safe separation between vehicular, bicycle and pedestrian traffic.

c.

The city averages approximately one pedestrian/vehicular accident per month. If more sidewalk and bicycle facilities were available, this rate would, most likely, be lower.

d.

The city may be held liable in a pedestrian or bicycle/automobile accident for not providing adequate pedestrian or bicycle facilities.

(18)

Signs.

a.

The manner of the erection, location and maintenance of signs affects the public health, safety, morals and welfare of the people of this community.

b.

The safety of motorists, cyclists, pedestrians, other users of the public streets, and property is affected by the number, size, location and appearance of signs that are intended to and result in the diversion of the attention of drivers.

c.

The size and location of signs may, if uncontrolled, constitute an obstacle to effective firefighting techniques.

d.

The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

e.

Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic value of tourism, visitation and permanent economic growth.

f.

It is therefore necessary for the promotion and preservation of the public health, safety and welfare of the people of this community that the erection, construction, location and maintenance of signs be regulated and controlled.

g.

Large signs, flashing signs, or other signs specifically prohibited are prohibited because they distract traffic and thus create unsafe conditions for the general public.

D.

Subdivision design.

(1)

Aesthetically pleasing subdivision design attracts potential residents and thus increases the sale of lots and tax base;

(2)

Lots with adequate dimensions, orientation and access are desirable and attractive to potential residents; and

(3)

Subdivisions with adequate access are convenient and attractive to potential residents and safe in case of an emergency.

E.

Flood zones.

(1)

Flooding is a natural, recurring phenomenon in the city.

(2)

Naturally floodprone lands serve the following important functions in the regional hydrologic cycle and ecological system because they:

a.

Provide natural storage and conveyance of floodwaters;

b.

Facilitate groundwater recharge;

c.

Provide temporary storage of surface waters that moderates flood elevations and the timing, velocity and rate of flood discharges;

d.

Reduce erosion, and filter nutrients, sediments, and other pollutants from floodwaters; and

e.

Export detritus and other food sources to open water bodies and are vital habitat for fish, birds, wildlife and native plant communities.

(3)

Naturally occurring flooding may provide recharge to groundwaters and a basic source of flow to surface waters.

(4)

The uncontrolled development of floodprone lands substantially degrades the health, safety and welfare of the community in the following ways:

a.

The owners, residents, customers, guests, and employees occupying homes, businesses and other structures located in floodprone areas are placed at unreasonable risk of personal injury and property damage;

b.

Expensive and dangerous search, rescue and disaster relief operations may be necessary when developed properties are flooded;

c.

Roads, public facilities, and utilities associated with development may be damaged by flooding at great expense to taxpayers and rate payers;

d.

Flooding of developed properties may lead to demands that the government construct expensive and environmentally damaging projects to control floodwaters;

e.

Normally floodfree lands are placed at risk of flooding when floodwaters on natural floodprone areas are obstructed, diverted, displaced or channelized by development;

f.

Water quality is degraded, the supply of freshwater to estuaries is disrupted and habitat is lost; and

g.

Property values are lowered and economic activity is disrupted by damaging floods.

F.

Protection of environmentally sensitive lands.

(1)

Protection of environmentally sensitive lands promotes the well being of the people of the city as described below and in the conservation element.

(2)

The various types of protected environmentally sensitive areas serve the following beneficial functions:

a.

Wetlands provide natural storage and conveyance of floodwaters, and minimize erosion and sedimentation by reducing flood flows and the velocity of floodwaters;

b.

Coastal wetlands, and inland wetlands adjoining larger lakes and rivers protect wildlife and the shoreline from destructive wave action;

c.

Wetlands filter and help decompose sediments, nutrients, and other natural and manmade pollutants that would otherwise degrade surface and ground waters;

d.

Wetlands support commercial and recreational fishing because they provide essential nutrients and hatcheries for aquatic life;

e.

Wetlands provide habitat for rare and endangered species, and provide essential breeding and protective habitats for many other birds, mammals, and reptiles; and

f.

Wetlands supply ground and surface water.

(3)

Agricultural and development activities have destroyed or impaired the beneficial functions of many environmentally sensitive lands in the city.

(4)

Federal and state regulations do not adequately protect environmentally sensitive lands, thus making local regulation necessary.

(5)

Considerable acreage of wetlands has been lost, and their important functions impaired, by draining, dredging, flooding, filling, excavating, building, polluting, and other acts. Remaining wetlands are in jeopardy of being lost or impaired by such acts. The loss of important wetland functions are contrary to the public health, safety, and welfare.

G.

Protection of cultural resources.

(1)

There are, located within the city, historical, architectural, and archeological districts, sites, buildings, structures, and objects that are unique and irreplaceable assets to the city.

(2)

In recognition of these assets, the city has adopted a conservation element as part of its comprehensive plan.

(3)

The conservation element of the comprehensive plan includes a survey of cultural resources which has been adopted as the official inventory of the historic resources of the city.

(4)

The recognition, protection, enhancement and use of these resources are public purposes promoting the economic, educational, cultural and general welfare of the public by increasing property values, stabilizing neighborhoods and older areas of the city, increasing economic benefits to the city and its inhabitants, enriching human life in its educational and cultural dimensions, and fostering civic pride in the beauty and noble accomplishments of the past.

(5)

The city has for many years exerted efforts in an attempt to encourage redevelopment of the older parts of the city and continues to do so.

(6)

It is the will of the Florida Legislature as expressed in F.S. ch. 267 that the state's historic sites and properties, buildings, artifacts, treasure troves, and objects of antiquity, which have scientific or historical value, or are of interest to the public, be protected and preserved.

H.

Wellfield protection. Wellfield protection is needed to safeguard the public health, safety and welfare by providing for regulation of the storage, handling, use or production of hazardous substance within zones surrounding potable water supply wells thereby protecting the potable water supply from contamination.