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Home My WebLink About20040722 - Comprehensive Plan - Amendment DCA 03-1{) Yo je c t •. �e.ioz ti an kI ve—r wind ► ngs chaser cmc of SEIDASTLI HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566 July 22, 2004 Ms. Jamie Coker Division of Community Planning Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-2100 Re: DCA Ref. # Sebastian 03-1 — Comprehensive Plan Future Land Use Amendment. Dear Ms. Coker: This letter represents a copy of a previously submitted land use transmittal adoption package forwarded to Charles Gauthier with respect to the above listed project. Please find attached hereto, all requisite information addressing to Mr. Gauthier's October 28, 2003 letter concerning the City's inconsistent adoption transmittal package. On May 14, 2003 the City Council of the City of Sebastian approved ordinance number 0-02-13, authorizing a large-scale amendment to the Comprehensive Plan adjusting the Future Land Use Map from L-1 (Low Density Residential, 3 units per acre) to LDR (Low Density Residential, 5 units per acre) for 74+/- acres of land along the western edge of the St. Sebastian River and now being fully incorporated within the city limits of the City of Sebastian. Attached please find the following: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance (0-02-13); and A statement indicating the relationship of additional changes made to the above referenced transmittal in response to the Department's ORC report. Obiection 1- Data and Analysis: The amendment is not supported by adequate data and analysis to demonstrate that adequate public facilities and transportation facilities will be available to meet the LOS standard in the five yare and long range planning periods. Attached hereto, please find a memo from Robert A. Morrell, PE, PBS&J, detailing current and future capacity within the County Utility system. Please note the memo clearly states, "based on current and planned expansions and projected capacity, we believe that IRCU will be able to accommodate the planned development in the areas to be annexed." Additionally, enclosed herein is a copy of data and analysis from Indian River County's Comprehensive Plan Transportation Element providing data supporting roadway infrastructure improvements, existing and planned, designed to accommodate anticipated traffic levels generated by said development. Should you have any questions in regards to this transmittal, please do not hesitate to contact me at (772) 589-5518. Sincerely, eracy. Director of Growth Management Attachment(s) cc: Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council Robert M. Keating, AICP, Community Development Director, Indian River County Florida Department of State, Bureau of Administrative Code Florida Department of Environmental Protection, Plan Review Section St. John's River Water Management District Florida Department of Transportation, District Four CITY OF SIEBAST" NOME OF PELICAN ISLAND CERTIFICATION I, Sally A. Maio, City Clerk, do hereby certify that the attached is a true and correct copy of Ordinance No. 0-03-13, which was adopted at the January 28tH 2004 Regular City Council meeting. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-1) FOR LAND CONSISTING OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. I hereby affix the seal of the City of Sebastian, this 5th day of March, 2004. Sally A. W10, CMC City Clerk City of Sebastian f ORDINANCE NO. 0-03-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (Irl) FOR LAND CONSISTING OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Sebastian River Landings, LLC, for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of L-1 (Low -Density Residential, 3 units per acre) to a City designation of LDR (Low Density Residential), and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian_ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map 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 "A" Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map'shall be amended to include the affected property, and designate the same as LDR (Low Density Residential) in accordance with the requirements of Florida law. Section 3. TRANSNUTTAL. The City Manager is directed to transmit 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. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. 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. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs or other final action finding the amendment herein in compliance, and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 13'' day of August, 2003, by Councilmember McCollum . The motion was seconded by Councilmember Barczyk and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice -Mayor Ray Coniglio aye Councilmember Joe Barczyk aye Councilmember James A Hill aye Councilmember Nathan McCollum aye ATTEST: Sally A. Maio CM City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember Coniglio The motion was seconded by Councilmember H i 11 and, upon being put to a vote, the vote was as follows: Mayor Barnes aye Vice -Mayor Coniglio aye Councilmember Barczyk a y e Councilmember H i i i aye Councilmember McCollum ay e The Mayor thereupon declared this Ordinance duly passed and adopted this 2 8 th day of January , 200 4 AT'T'EST: Sally A Mai , CMC City Clerk CITY OF SEBASTIAN, FLORIDA By: W ,fin l cJk. ,r Approved as to form and legality for reliance by the City of Sebastian only: City Attorney "EXHIBIT A" The South 512.13 feet of the South one-half of the Northeast one-quarter of Northwest one-quarter, and the South 512.13 feet of the South one-half of the Northwest one-quarter of the Northwest one-quarter, less the West 200 feet, all in .,ection �o, Township.'I South, Range 33 East. AND That portion of the North one-half of the North one-half of the Northwest one- quarter of Section 26, Township 31 South, Range 38 East, lying South of the drainage canal located in, upon and under the land upon which an easement was granted to Graves Brothers Company, a Florida corporation, by easement recorded sn meld Book 28, pane 435, Public Records of Indian River County, Florida. AND That part of the South one-half of the Northeast one-quarter of the Northwest one- quarter- of Section 24),Township 3] South, Rance 38 .East, less till South 512.13 fYet thereof. AND That part of the South one-half of the Northwest one-quarter of Northwest one- qiiarter of Section 7A, t S1'� � � �) l3 .'ZI 3 3i 5:33?LAY l� .i+• 3'S'Cr the South 512.13 feet thereof. Ordinance 0-03-13 Comprehensive Plan Transportation Element Existing and Committed Svstem Besides the current inventory of roadways, the existing system, there are various roadways programmed for construction in the near future. In some cases, these programmed improvements may be underway. Improvements that are budgeted and programmed for construction within five years are considered committed improvements. For travel demand forecasting and transportation planning purposes, committed improvements are considered in place and existing. Table 4.1, pg. 8, identifies the County's committed roadway projects. Table 4.1 Committed Roadway Projects Facility I From I To I # Lanes Type 3rd Ave loth St. 6th St. Divid 8th Ave (Oslo Rd. 116th St. I Divided C. R. 512 11-95 'Roseland Rd. Divided S.R. 60 . County Lire .R. 512 Dividee S. R. 60 C.R. 512 68th Ave. II Dividec S.R. 60 98th Ave I-95 6 Divid S.R 60 1-95 56th Ave 6 Divide U.S. 1 South of IRS 14orth of IRS 6 Divided 16`"/17j'St 14" Ave Ii.s. 1 4, Divided Source: Indian River County N90 Jurisdictional Administration Like virtually every other area throughout the nation, Indian River County has roadways that are under the jurisdiction of one of several different units of government. In Florida, the applicable jurisdiction was initially established based on how the roadway was functionally classified. Generally, major inter -county roadways, such as I-95, the Turnpike, SR AIA, US 1, and SR 60, were designated as state roads. Similarly, major intra -county roads, such as CR 512, CR 510, Indian River Boulevard, and others, are county roads. Finally, those roads which are entirely within a municipality are generally city roads. In 1995, the state revised Chapter 335, F.S. to establish specific jurisdictional ownership criteria. As now written, 335 F.S. establishes the roadway jurisdictional responsibility as that which _ existed on July 1, 1995. Further, the revisions to 335, F.S. provided that the jurisdictional responsibilities of roadways may be transferred from one jurisdiction to another only, by mutual consent of both jurisdictions. In Indian River County, the state and county have agreed to transfer the jurisdictional responsibility for 27`h Avenue from the state to the county in the near future. Community Development Department Indian River County 8 Supplement 46; Ordinance 2003-017 Comprehensive Plan Transportation Element Lane Geometry The number of through lanes for each facility on the Indian River County roadway network is summarized in Figure 4.2, pg. 5. As shown in that figure, I-95 is the only four lane expressway serving the county. Other north -south travel is provided on US 1 and Indian River Boulevard, both of which are four lane divided facilities. In the east -west direction, the widest road is SR 60, which exists as a four and six lane roadway east of I-95. County Road 512 in the Sebastian area is also four-laned, providing east -west travel in the northern portion of the county. For planning purposes, a roadway's capacity and level -of -service (LOS) are generally based on the number of through lanes. Level of Service (LOS) is a qualitative measure, describing motorists' perceptions of operating conditions within a traffic stream. Capacity, on the other hand, is a quantitative measure of the ultimate number of motor vehicles which can travel over a particular roadway segment during a particular time period (either hourly or daily). These conditions are generally described in terms such as speed and travel time, freedom to maneuver, interruptions to traffic flow, comfort and convenience, and safety. Levels of service are generally designated by letters A through F, with LOS A representing the best operating conditions (free flow) and LOS F the worst (forced or breakdown flow). Characteristics of each level of service are listed below: LEVEL OF SERVICE A - Uninterrupted flow - No restriction on maneuverability - Few or no delays LEVEL OF SERVICE B - Stable flow conditions - Operating speed beginning to be restricted LEVEL OF SERVICE C - Speed and maneuverability restricted by higher traffic volumes - Satisfactory operating speed for urban conditions - Delay at signals Community Development Department Supplement n6; Ordinance 2003-017 LEVEL OF SERVICED - Low speeds - Major delays at signals - Little freedom to maneuver LEVEL OF SERVICE E - Lower operating speeds - Major delays and stoppages -Volumes at or near capacity LEVEL OF SERVICE F - Low speeds - Stoppages for long periods because of downstream congestion Indian River County 11 Comprehensive Plan Transportation Element No. of Exist Road Existing Juris- Functional LOS Link ID On Street From Street To Street Length Lanes ROW Type LOS diction Class Standard 1405 U.S. 1 N. SEB CITY L ROSELAND RD 0.50 4 100 D B SR PA D 1410 U.S. I ROSELAND RD N. COUNTY LINE 1 00 4 100 D B SR PA D 1510 SCHUMANN DR C.R. 510 (a166TH AVE BARBER ST 0.82 2 100 U D CR MA D 1515 SCHUMANN DR BARBER ST ENGLAR DR 1.31 2 100 U C Cl COL D 1520 SCHUMANN DR ENGLAR DR U.S. 1 1.18 2 100 U C Cl I COL D- 1610 ROSELAND RD C.R. 512 N. SEB CITY L 3.00 2 80 U C CR COL D 1620 ROSELAND RD N. SEB CITY L U.S. 1 2.00 2 80 U C CR COL D 1710 C.R. 512 FELLSMERE CITY LIMITS 1-95 3.60 2 80 U C CR COL D 1720 C.R. 512 1-95 C.R. 510 3.00 2 100 U B CR COL D 1730 C.R. 512 C.R. 510 ROSELAND RD 1.25 2 100 U B CR COL D 1740 C.R. 512 ROSELAND RD BARBER ST 0.39 4 100 D B CR COL D 1741 C.R. 512 BARBER ST FLEMING ST 0.72 4 100 D C CR COL D 1742 C.R. 512 FLEMING ST EASY ST 0.60 4 100 D C CR COL D 1743 C.R. 512 EASY ST DELAWARE ST 0.21 4 100 D C CR COL D 1750 C.R. 512 DELAWARE ST USI 0.86 4 100 D C CR COL D 1805 C.R. 510 C.R. 512 87TH ST 1.73 2 80 U B CR COL D 1810 C.R. 510 87TH ST 66TH AVE 2.51 2 80 U B CR COL D 1820 C.R. 510 66TH AVE 58TH AVE 1.00 2 80 U B Cit COL D 1830 C.R. 510 58TH AVE U.S. 1 0.50 2 80 U C CR COL D 1840 C.R. 510 U.S. 1 S.R. AIA 2.50 2 100 U B CR COL D 1905 S.R. 60 W. COUNTY LINE C.R. 512 14.00 2 100 U A SR PA C 1907 S.R. 60 C.R 512 98TH AVE 6.52 2 100 U A SR PA C Community Development Department Indian River County 70 Supplement #6; Ordinance 2003-017 v Comprehensive Plan Transportation Element Link Roadway From To 2025 Volume V/C Ratio 1335 U.S. 1 17TH STREET S.R. 60 20723 0.64C 1340 U.S. 1 S.R. 60 ROYAL PAL'A PL 21129 0.351 1345 U.S. 1 ROYAL PALM PL ATLANTIC BLVD 26717 0.444 1350 U.S. I ATLANTIC BLVD N. VB CITY LIMIT 45890 1.418 1355 U.S. 1 N. VB CITY LLMIT OLD DD= HWY 45665 0.755 1360 U.S. 1 OLD DIXIE HWY 41 ST STREET 28332 0.471 1365 U.S. 1 41 ST STREET 45TH STREET 30262 0.935 1370 U.S. 1 45TH STREET 49TH STREET 35455 0.589 1375 U.S. 1 49TH STREET 65TH STREET 39121 0.82C 1380 U.S. 1 65TH STREET 69TH STREET 35891 0.752 1385 U.S. 1 69TH STREET CR. 510 32881 1.003 1390 U.S. 1 CR 510 SCHUMANN DR 33159 1.012 1395 U.S. 1 SCHUMANN DR C.R. 512 39262 1.198 1400 U.S. I C.R. 512 N. SEB CITY L 35795 1.092 1405 U.S. 1 N. SEB CITY L ROSELAND RD 30916 0.543 1410 U.S. 1 ROSELAND RD N. COUNTY LINE 34591 0.607 1510 SCHUMANN DR C.R 510 @ 66TH AVE S. SEB CITY L 9717 0.522 T520 SCHUMANN DR S. SEB CITY L U.S. 1 8232 0.442 1610 ROSELAND RD CR. 512 N. SEB CITY L 8521 0.678 1620 ROSELAND RD N. SEB CITY L U.S. 1 10648 0.572 1710 C.R. 512 FELLSMERE I-95 4212 0.399 1720 C.R. 512 I-95 C.R. 510 21606 0.379 1730 C.R. 512 C.R. 510 ROSELAND RD 17252 0.521 1740 C.R. 512 ROSELAND RD BARBER ST 16951 0.560 1741 C.R. 512 BARBER ST FLEMNG 22928 0.402 1742 C.R. 512 FLEMING EASY 24570 0.431 1743 C.R. 512 EASY DELAWARE 27089 0.475 1750 C.R. 512 DELAWARE US.1 14759 0.446' 1810 C.R. 510 C.R. 512 66TH AVE 13078 1.040' 1820 C.R. 510 66TH AVE 58TH AVE 13098 0.703 1830 C.R. 510 58TH AVE U.S. 1 15323 1.219 1840 C.R. 510 U.S.1 SR.AIA 11875 0.945 1905 S.R. 60 W. COUNTY LINE C.R. 512 9173 0.291 1907 S.R. 60 C.R 512 98TH AVE 9836 0.229 1910 S.R. 60 98TH AVE I-95 19469 0.259 1915 S.R. 60 I-95 82ND AVE 38275 0.6361 1920 S.R. 60 82ND AVE 66TH AVE 43197 1.2331 1925 S.R. 60 66TH AVE 58TH AVE 52558 0.9991 1930 S.R. 60 58TH AVE 43RD AVE 57171 0.947 1935 S.R. 60 43RD AVE 27TH -AVE 45443 0.947 1940 S.R. 60 27TH AVE 20TH AVE 43989 1.021', 1945 S.R. 60 20TH AVE OLD DIXIE HWY 20093 0.371 1950 S.R- 60 OLD DIXIE HWY 10TH AVE 13878 0.2571, 1955 S.R. 60 10TH AVE U.S. 1 4204 0.0781 Community Development Department Supplement 96; Ordinance 2003-017 Indian River County 61