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Home My WebLink About20031028 - DCA Completed Review DCA No 03-2�JG(v Lt,t? kr ver taKd ,-iS STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor Secretary October 28, 2003 = _ �- C-) ` The Honorable Walter W. Barnes w o --r1 rn Mayor, City of Sebastian r -'' C10 1225 Main Street C,:) r' 1 Sebastian, Florida 32958 Dear Mayor Barnes: M The Department of Community Affairs has completed its review of the proposed Comprehensive Plan Amendment for the City of Sebastian (DCA No. 03-2), which was received on August 28, 2003. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review, and their comments are enclosed. The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J- 5, Florida Administrative Code (F.A.C) and Chapter 163, Part II, Florida Statutes (F.S.) and has prepared the attached Objections, Recommendations, and Comments (ORC) Report which outlines our findings concerning the comprehensive plan amendment. 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 year and long range planning periods. For your assistance, we have attached procedures for final adoption and transmittal of the comprehensive plan amendment. If you have any questions, please call Ken Metcalf, Regional Planning Administrator, at (850) 922-1807, or Dickson Ezeala, Senior Planner, at (850) 922-1790. Sincerely yours, Charles Gauthier, AICP Chief of Comprehensive Planning CG/des Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Theodore G. Baldyga, Principal Planner, City of Hialeah Juan Gutierrez, Acting Building Official, City of Hialeah ��- 1� Carolyn Dekle, Executive Director, South Florida Regional Planning Council -� A/_*X/5.5 SHUMARD OAK BOULEVARD - TALLAHASSEE, FLORIDA 32399-2100 hone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 O- Internet address: http://www.dca.state.fI.us CRITICAL�ON RN 4L FFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 a e STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAI "Dedicated to making Florida a better place to call home" T � R S��i�"� COLLEEN CASTILLE JEB BUSH Secretary Governor October 28, 2003 ..� o 'r' The Honorable Walter W. Barnes ry1 Mayor, City of Sebastian 1225 Main Street -.i U rn Sebastian, Florida 32958 Dear Mayor Barnes: 1 The Department of Community Affairs has completed its review of the proposed Comprekensive Plan Amendment for the City of Sebastian (DCA No. 03-2), which was received on August 28, 2003. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review, and their comments are enclosed. The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J- 5, Florida Administrative Code (F.A.C) and Chapter 163, Part Il, Florida Statutes (F.S.) and has prepared the attached Objections, Recommendations, and Comments (ORC) Report which outlines our findings concerning the comprehensive plan amendment. 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 year and long range planning periods. For your assistance, we have attached procedures for final adoption and transmittal of the comprehensive plan amendment. If you have any questions, please call Ken Metcalf, Regional Planning Administrator, at (850) 922-1807, or Dan Evans, Planner, at (850) 922-1805. Sincerely yours, Charles Gauthier, AICP Chief of Comprehensive Planning CG/des Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Mr. Tracy E. Hass, Director, City of Sebastian Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 2 78 .8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://ww%v.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 d TRANSMITTAL PROCEDURES Upon receipt of this letter, the City of Sebastian has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J-11.011, F.A.C. The City must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163.3189(2)(a), F.S. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please be advised that Section 163.3184(8)(c), Florida Statutes, requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, please inform us of this as well. For efficiency, we encourage that the information sheet be provided in electronic format. INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Sebastian 03-2 proposed amendment to their comprehensive plan pursuant to s. 163.3 184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non -applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non -applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. Tile comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR THE CITY OF SEBASTIAN AMENDMENT 03-2 October 28, 2003 Division of Community Planning Office of Comprehensive Planning This report is prepared pursuant to Rule 9J-11.010 OBECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHSENISVE PLAN AMENDMENT CITY OF SEBASTIAN (DCA No. 03-2) 1. OBJECTIONS 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 year and long range planning periods. CITATIONS Florida Statutes: Sections 163.3177(3) and 163.3177(10)(h) Florida Administrative Code: Rules 9J-5.005(2), and 9J-5.016(1) and (2) Recommendation Provide adequate data and analysis to demonstrate that adequate public facilities and transportation facilities will be available to meet the LOS standard in the five-year and long range planning periods. 2. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The amendment is not consistent with the following provisions of the State Comprehensive Plan Chapter 187, F.S.: Water Resources (7)(a)(b) Land Use (15)(a)(b) Public Facilities (17)(a)(b) Transportation (19)(a)(b) JEB BUSH GOVERNOR Florida Department of Transportation DIRECTOR of PLANNING and PRODUCTION 3400 %vest Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 Telephone: (95.1) 777-4411 Fax (954) 777=1197 Internet Email: i orcillY(e�dot state.tl.us "Voll Free: 1-566-336-5435 September 16, 2003 \� Mr. Ray Eubanks, Community Program Administrator Plan Review and DRI Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 JOSF. ABREU SECRETARY f _ ..____-- _,J Dear Mr. Eubanks: SUBJECT: Proposed Comprehensive Plan Amendments ORC Review Local Government: City of Sebastian DCA Amendment 4 03-2 for The Depe artment has reviewed the proposed comprehensive plan a e tdme its os d e Cityamenof nebastian. s. The Department has no objections, recommendations or comme P Thank you for the opportunity to participate in the review process. If you have any comments or questions about this letter, please contact me at (954) Sincerely, GOTS cc: B. Romig, FDOT Central Office K. Metcalf, DCA N. Bungo, FDOT 4 L. Hymowitz, FDOT 4 T. Scheckwitz, FDOT 4 File 4270.20 I R -SIA 7UReil P.E. Gerry y, Director of Plannin, and Production District Four vvv,Av.dolt.state.f1 us 0 F C ic, E:, Department of �` =Environmental Protection FLORIDA 11, R.. Marjory Stoneman Douglas Building David B. Struhs Jeb Bush 3900 commonwealth Boulevard Secretary Tallahassee, Florida 32399-3000 Governor October 3, 2003 1 G�Lvy1 Mr. D. Ray Eubanks lv' �% Plan Review and DRI Processing Team Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Sebastian 03-2, Comprehensive Plan Amendment ORC Review Dear Mr, Eubanks: The Office of Intergovernmental Programs has revie rs 9J 5 and 9J-1dlFloida amendment under the procedures of Chapter 163, Florida Statutes, and Chapters Administrative Code, and we do not have any comments based on the information provided. Thank you for the opportunity to comment on this proposal. If I may be of further assistance, please call me at (850) 245-2172. /ser Sincerely, SER Suzanne E. Ray Environmental Specialist Office of Intergovernmental Programs "More Protection, Less Process" ' '1; St® Johns Wver Mil `. Water Management District Kirby B. Green III, Executive Director • David W. Fisk. Assistant Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 i September 26, 2003 D. Ray Eubanks, Community Program Administrator Plan Review and Processing Team Florida Department of Community Affairs 2555 Shurnard Oak Boulevard Tallahassee, FL 32399-2100 Subject: Proposed Comprehensive Plan Amendment DCA Amendment # Sebastian 03-2 �E�e'r�' 1I , �pEpT, OF COIv��+� AFFAIRS/DCT Dear Mr. Eubanks: he above St. Johns River Water Management District (District) planning dmenhave reviewed is a hange tothe future land -referenced proposed comprehensive plan amendment. The proposed am map for property that is to be annexed. District staff have no comments or recommendations because there are no substantial water availability Issues We appreciate the opportunity to provide comments. If you have any questions or need additional information, please contact District Policy Analyst Peter Brown at 386-329-4311/Stincom 860-4311 or pbrown @sp-wind.com. Sincerely, S Linda Burnette, Director Office of Communications and Governmental Affairs LB/PB cc: Tracy E. Hass, City of Sebastian Michael Busha, TCRPC Linda McDowell, FDEP Jeff Cole, SJRWMD Marguerita Engel, SJRWMD Peter Brown, SJRWMD GOVERNING BOARD R. Clay Albright, SECRETARY Da`iId GXKSGraham, `T-EAsuREa Duane ottenstroer, CHAIR`PAN Ometrias D. Long, VICE CHAIRMAN Y e 9 LA APoPxA e-- r. r,+rinre Catherine A.Walker Jn..nj Joh, .. n G. Sowinski William Kerr euNNEuu A�rA:: oh c= sin•:,33 W. Michael Branch CRLANDO MELBOURNE BEACH FERNA,,CI\A BEACH FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES September 22, 2003 Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the City of Sebastian (03-2) Comprehensive Plan Amendment Request (Received by DHR on 09/11/03) Dear Mr. Eubanks: According to this agency's responsibilities under sect ed he above doons 163.3177 dcument to8deteorm1ne if datas, and revi Chapter 9J-5, Florida Admirtistrative Code, s ffic e� regarding historic resources have been given sufficient consideration in the request to amend the ve Plan. Sebastian Comprehensi We reviewed one proposed amendment to the Future Land Use Map ton° siteder the s listed potential theeffects of Florida this action on historic resources. Although this tract does not contain any Master Site File or the National Register of H` ill toris blaces, it remains e adversely affected by thisthe city's eaption. This parcel onsibility to re that potentially significant historic resources appears to have at least moderate archaeologi to site rorb egtiir This ohe rictresource s t a eys so that it can that such sites are not damaged is for the citysponsor ensure its archaeological resources and historic structures more than 50 years old Nvill be considered When substantive changes in land use are proposed. If you have any questions regarding our comments, please feel free to contact Susan Vit. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, dL 1.£:; Janet Snyder Matthews, Ph.D., Director 500 S. Bronough Street • Tallahassee, FL 32399-0250 JHistoric Preservation • http://www.flherita(T Fe.com a Historical Museums O Director's Office O Archaeological Research 2-13-6333 •FAX: 245-6437 (830) 2-13-6.100 •FAX: 245-6433(830) 245-6300 • FAX: 243-6433 (850) 245-6444 • FAX: 245-6436 (S30 ) O Palm Beach Regional Office O St. Au Os ;neRegional 00 dice (Sl Tampa 2 84 -FAX: 20ff 340 1(� c September 22, 2003 Mr. Charles Gauthier Chief Bureau of Local Planning Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, FL 32399-2100 Subject: City of Sebastian Comprehensive Plan Draft Amendments — DCA Reference No. 03-2 Dear Mr. Gauthier: S --j Rpm psp -PLAN _PROCESSINGTEPA _ 1 Council has reviewed the above -referenced amendments in accordance with the requirements of Chapter 163, Florida Statutes and Council's adopted plans, policies, and review procedures. Enclosed is a copant to Section 163.31 84, Floridaroved tCouncil at s regular Statl tes, meeting on September 19, 2003 pursu If you have any questions, please feel free to call me. Sincerely, Terry L. H ss, AICP Planning Director TLH/wh Attachment «B r i n g i n g Comm :i n i t i e s T o g e t b e r" • Est. 1976 3 0 1 East ocean Boulevard - Suite 3 0 0 - Stuart, Florida 3 4 9 9 4 Phone (772) 221-4060 - SC 269-4060 - Fax (772) 221-4067 - E-mail - admin(atcIVc oro TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 5J From: Staff Date: September 19, 2003 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendment to the City of Sebastian Comprehensive Plan DCA Reference No. 03-2 Introduction The Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, requires that Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares an Objections, Recommendations, and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, an affected person or if an ORC Report is otherwise deemed necessary by the DCA. If the local government requests the DCA to prepare an ORC Report, then Council must provide the DCA with its own objections, recommendations for modification, and comments on the proposed amendment within 30 days of its receipt. Background The City of Sebastian is proposing one Future Land Use Map (FLUM) amendment to its comprehensive plan. The proposed FLUM amendment is for property that is being annexed into the City. The City has asked for a formal review of the proposed amendment. Evaluation The FLUM amendment is for a 63.0 -acre parcel located southeast of the intersection of County Road 512 (Fellsmere Road) and County Road 510 (Wabasso Road) at the southwestern boundary of the City (see Exhibit 1). The property is presently vacant and formerly used for agricultural purposes. The present FLUM designation is L-1, a County designation allowing a maximum of three dwelling units per acre. low-density residential The proposed designation is Low Density Residential (maximum 5 dwelling units per acre). Surrounding lands are primarily vacant with some single-family residential to the north and east. Surrounding FLUM designations are Commercial/1 (County) and Low Density Residential to the north, Low Density Residential (County) to the west and south, and Low Density Residential to the east. The proposed use of the property is as a 212 -unit single-family housing development (Phase H of Sebastian River Landings Planned Unit Development). The City considers the proposed FLUM designation consistent with the City plan and indicates that public facilities, services, and access are available. The City staff and the Planning and Zoning Commission recommended approval. The City Council transmitted the amendment by a unanimous vote. Extrajurisdictional Impacts Analysis of the proposed amendment indicates that it would not have significant extrajurisdictional impacts. Effects on Significant Regional Resources or Facilities Analysis of the proposed amendment indicates that it would not have adverse effects on significant regional resources or facilities. Obiections. Recommendations for Modification, and Comments A. Objections 1. None B. Comments 1. The City staff report indicates that the City comprehensive plan recognizes the necessity of incorporating/annexing enclave parcels. As a result of the City's annexation of the subject parcel, an enclave will be created to the north of the subject property that is surrounded on three sides by property within the City's jurisdiction (see Exhibit 2). The City should pursue the annexation of this enclave consistent with its comprehensive plan. Recommendation Council should adopt the above comments and approve their transmittal to the Department of Community Affairs. Attachment