HomeMy WebLinkAbout2004 04 05 - DCA Objections & Concerns&hi"bit
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
April 5, 2004
The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mayor McCollum:
HEIDI HUGHES
Interim Secretary
co
Cit T1
0
The Department of Community Affairs has completed its review of the proposed Comprehensive
Plan Amendment for the City of Sebastian (DCA No. 04-1), which was received on December 29, 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 U, Florida Statutes (F.S.) and has prepared
the attached Objections, Recommendations, and Comments (ORC) Report which outlines our findings
concerning the comprehensive plan amendment. Our objections are the lack of data and analysis for
public facilities and environmental protection. Our findings and recommendations concerning this matter
are set forth in more detail in the attached report.
We are available to discuss our concerns and would like to work with your staff to review
proposed revisions to resolve the issues prior to adoption of the proposed amendment. We have also
included copies of local, regional and state agency comments for your consideration.
If you or your staff have any questions or if we may be of further assistance, please contact Ken
Metcalf, AICP, Regional Planning Administrator, or Dan Evans, Planner at (850) 922-1805.
Sincerely,
C4'
Valerie J. Hubbard, AICP
Director, Division of Community Planning
VJH/des
Enclosures: Review Agency Comments
cc: Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: httD://www.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 3 23 99-2 100 Tallahassee, FL 32399.2100
(305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956
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)(x), 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 04-1 proposed amendment to their comprehensive plan pursuant to s.
163.3184, 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 City of Sebastian and corrected when the
amendment is resubmitted for our compliance review. Objections that are not addressed may result in a
detennination that the amendment is not u1 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 that 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. The 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 REPORT
FOR THE
CITY OF SEBASTIAN
AMENDMENT 04-1
April 5, 2004
Division of Community Plam- ing
This report is prepared pursuant to Rule 9J-11.010
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
PROPOSED COMPREHENSIVE PLAN AMENDMENT
CITY OF SEBASTIAN (DCA No. 04-1)
OBJECTIONS
Objection 1 -Public Facilities Data and Analysis
The amendment is not supported by data and analysis which identifies that the level of service will be
achieved and maintained for sewer and potable water services, and solid waste collection.
Citation
Florida Statues: Section 163.3177(6)(c)
Florida Administrative Code: Rule 9J -5.011(1)(f)
Recommendation
Identify the current availability of potable water and sewer services, and solid waste collection within the
community, and the estimated demand the proposed amendment will place on that availability.
Objection 2 -Environmental Data and Analysis
The amendment is not supported by data and analysis which identifies the extent and type of
environmentally sensitive habitats located on the Ashbury Subdivision Parcel. There is no analysis,
which identifies how these areas will be protected from development encroachment and subsequent
habitat loss.
Citation
Florida Statutes: Section 163.3177(6)(a)
Florida Administrative Code: 9J-5.006(2), 9J -5.013(1)(a)
Recommendation
Describe the environmentally sensitive habitats in terms of type, location, function and relative health of
the ecosystem. Identify what measures the City will use to protect these areas from encroachment.
COMMENTS
Residential Need
There is no current population projection or assessment of vacant lands to evaluate residential need. The
latest vacant land use map is circa 1991, as are the latest population projections. Without current data, it
is difficult to accurately assess residential need. The 1998 adopted EAR provides some data with regard
to housing projections, but this data is almost ten years old. The EAR identified a projected affordable
housing needs deficit of 1,659 units. This indicates a need for additional multi -family units in the interior
of the City. The subject amendments do not address multi -family need. The amendments should be
supported by a needs analysis, confirming the need for additional acreage to meet single-family needs and
to address how the City intends to address multi -family needs.
Urban Service Boundary
For future amendments, the City should consider providing a map, which clearly delineates the location
of the City's Urban Service Boundary. This would allow the City and Department to better understand
which land tracts are appropriate for future annexation.
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)
Natural Systems and Recreational Lands (9)(a)(b)
Hazardous and No hazardous Materials and Waste (12)(a)(b)
Public Facilities (17)(a)(b)
�7
Florida Department of Transportation
JEB BUSH DIRECTOR OF TRANSPORTATION DEVELOPMENT JOSE ABREU
GOVERNOR 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 SECRETARY
Telephone: (954) 777-4411 Fax: (954) 777-4197 ._
Internet Email: Qerrv.oreillvna dot.state.fl.us
Toll Free: 1-866-336-8435
February 26, 2004
N1r. Ray Eubanks, Community Program Administrator
Plan Review and DRI Processing Team
Department of Community Affairs j
2555 Shumard Oak Boulevard 1
Tallahassee, FL 32399-2100 P
Dear Mr. Eubanks:
SUBJECT: Proposed Comprehensive Plan Amendments ORC Review
Local Government: City of Sebastian
DCA Amendment # 04-1
N
The Department has reviewed the proposed comprehensive plan amendments for the City of Sebastian.
Enclosed are objections, recommendations, and comments based on this review.
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) 777-4490.
GOTS
Enclosure
cc: B. Romig, FDOT Central Office
K. Metcalf, DCA
N. Ziegler, FDOT 4
L. Hymowitz, FDOT 4
T. Scheckwitz, FDOT 4
File: 4270.20
Sincerely,
Ge O'Reilly, P.E.
Director of Transportation Development
District Four
www.dot.state.fl.us ® RECYCLED PAPER
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISIONBUREAU: Planning Department
NAME OF LOCAL GOVERNMENT: City of Sebastian
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 2/06/04
DATE MEMORANDUM RECEIVED FROM DCA: 2/20/04
REQUIRED RETURN DATE FOR COMMENTS: 4/07/04
ELEMENT: Various annexed parcels
Future Land Use Element
DCA Amendment # 04-1
RULE DEFICIENCY:
The five proposed Future Land Use amendments, which include Cross Creek Subdivision Ord. # 0-03-
16, The Spencer Project Ord. 40-03-18, Ashbury Subdivision Ord. 40-03-20, Sebastian Crossings Ord.
40-03-24, and River Oaks Preserve Ord. #0-03-26, would change the designated land use from County
Low Residential to City Low Residential designation.
CONMUNTS: The location relationship of these annexed areas to the Urban Service. Area
Boundary is not depicted.
REVIEWED BY: Tenn Scheckwitz AICP
REVIEWED BY: Lam, Hymowitz AICP
REVIEWED BY: Nancy filer
PHONE: 954-777-4490
PHONE: 954-777-4490
PHONE: 954-777-4490
Department of
FLORI A
Environmental Protection
Marjory Stoneman Douglas Building
Jeb Bush 3900 Commonwealth Boulevard, MS 47 Colleen M. Castille
Governor Tallahassee, Florida 32399-3000 Secretary
March 5, 2004
Mr. Ray Eubanks
Florida Department of Community Affairs
Plan Review and DRI Processing Team s G�
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: City of Sebastian, 04-1, Comprehensive Plan Amendment ORC Review
Dear Mr. Eubanks:
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (FDEP) has reviewed the above -referenced amendment proposal under the procedures
of Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-1.1, Florida Administrative Code, and
we have the following comments and suggestions:
The proposed amendment would change the land use designation on five parcels to
Sebastian Low Density Residential (up to 5 du/acre). The sites range from 38 acres to 152 acres.
Water and sewer will be available at all sites.
Comments & Recommendations:
According to information in the amendment package 16 acres of wetlands are present on
the 56 acre parcel known as Ashbury Subdivision. There appear to be no wetlands on the other
parcels. The soils underlying a considerable portion of all of the parcels are generally poorly
drained Oldsmar, Immokalee, Riveira, Pomello and Wabasso soils. These soils are identified in
the Soil Survey of Indian River County as having potential for excessive wetness, ponding and
high water table during rainy periods.
Development of these parcels and adjacent flood zone areas may hydrologically affect and
likely reduce natural watershed functions such as the collection, storage, filtering and discharge of
runoff. As a result, non -point source runoff into the Sebastian River watershed will be an issue of
concern. The Department recommends that the applicant consider a full range of planning
strategies to minimize impacts to groundwater and nearby wetlands by limiting impervious
surfaces and clustering structures away from wetland areas and reserving much of the land as
open space for a common view in accordance with Rule 9J-5.006(5)(1). Stormwater treatment
"More Protection, Less Process"
Ray Eubanks
March 5, 2004
Page 2
should be designed to maintain the natural predevelopment hydro—period and water quality, as
well as to protect the natural functions of the adjacent wetlands. Prior to finalizing infrastructure
development plans for the subject parcels, we recommend that delineation and water management
district verification of the landward extent of wetlands and surface waters be obtained, in
accordance with guidelines of Rule 62-340, F.A.C. Wetlands within the parcel should be
designated "Conservation" to prevent encroachment after initial construction, even if surrounding
land use designations are later amended.
Thank you for the opportunity to comment on this proposal. If I may be of further
assistance, please call me at (850) 245-2172.
Sincerely,
SER
Suzanne E. Ray
Environmental Specialist
Office of Intergovernmental Programs
/ser
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF HISTORICAL RESOURCES
February 20, 2004 K t, n
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 Sebastian (04-1) Comprehensive Plan Amendment
Request -
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida
Statutes, and Chapter 9J-5; Florida Administrative Code, we reviewed the above document to
determine if data regarding historic resources have been given sufficient consideration in the
request to amend the Sebastian Comprehensive Plan.
We reviewed five proposed amendments to the Future Land Use Map to consider the potential
effects of this action on historic resources. Although none of the five tracts contain any sites
listed in the Florida Master Site File or the National Register of Historic Places, it remains the
city's responsibility to ensure that potentially significant historic resources will not be adversely
affected by these actions. All five parcels, particularly The Spencer Project and River Oaks
Preserve parcels, appear to have at least moderate archaeological site probability. The most
effective way to guarantee that such sites are not damaged is for the city to sponsor or require
historic resource surveys so that it can ensure its archaeological resources and historic structures
more than 5.0 years old will be considered when substantive changes in land use are proposed.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp of
the Division's Compliance Review staff at (850) 245-6333.
Sincerely, -- � . .. • . .
` Frederick Gaske, Acting Director
U 500 S. Bronouah Street • Tallahassee, FL 32399-0250 • http://www.flheritage.com
O Director's Office O Archaeological Research 01,Historic Preservation O Historical Museums
(850) 245-6300 • FAX: 245-6435 (850) 245-6444 • FAX: 245-6436 (850) 245-6333 1 FAX: 245-6437 (850) 245-6400 • FAX: 245-6433
O Palm Beach Regional Office O St. Augustine Regional Office O Tampa Regional Office
(561) 279-1475 • FAX: 279-1476 (904) 825-5045 • FAX: 825-5044 (813) 272-3843 • FAX: 272-2340
St.Johns River
`. Water Management District
Kirby B. Green III. Executive Director • DavdIV.. Fisk. Assistant Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500
On the Internet at www.orwmd.com.
March 5, 2004
D. Rav Eubanks, Administrator
Plan Review and Processing
Florida Department of Community Affairs U
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: Proposed Comprehensive Plan Amendment
DCA Amendment # Sebastian 04-1
Dear Mr. Eubanks:
St. Johns River Water Management District (District) planning staff have reviewed the above -referenced
proposed comprehensive plan amendment. The proposed amendment consists of five changes to the City of
Sebastian's future land use map. District staff comments are provided below.
The District staff review focuses on potable water availability and related water resource issues in an effort to
link land use planning and water supply planning. In the review of water supply availability, District staff
consider infrastructure, permitted allocation under consumptive use permits, and source. The. City's staff reports
indicate Indian.River County Utilitv Services has,potable water fines available to serve the properties subject to
the future land use changes. The City's submittal package did not include some of the information regarding
water supply availability that is needed for District staff to adequately review the amendment.
District staff have requested additional information from the. City's staff, including a map depicting service area
boundaries, copies of any agreements between the City and the County for the provision of potable water,
current capacity of the water treatment plant, projected demand calculations attributable to the future land use
chances, 2003 water use information, 2004 growth projection, and a reserved capacity calculation. If the
requested information is provided, District staff will evaluate it and forward additional comments to DCA.
We appreciate the opportunity to provide comments. If you have any questions, please contact District Policy
Analyst Peter Brown at 386-329431 I/Suncom 860-4311 or phrutrirCs%rn mcl.rom.
Sincerely, r ��
Linda Bumette, Director
Office of Communications and Governmental Affairs
LB/PB
cc: Tracy Hass, City of Sebastian
Michael Busha, TCRPC
Linda McDowell, FDEP
Jeff Cole, SJRWMD
Marguerita Engel, SJRWMD
ometrias D. Long. cwimmv
APOPKA
GOVERNING BOARD
David G. Graham. mcE Cr k"A"4 R. Clay Albdgrt. SEC FAW
ACxSONVILLE OCALA
W. Michael S arch John G. Sowirski William Kerr Ann T. Moore Susan N. I lughes
FEAW CINA BEACH OR.ANDO MELBOUnNE BEACII BLMIELL JAG'KfOWLLE
February 20, 2004
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. 04-1
Dear Mr. Gauthier:
C;/ 3 y/d y
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 copy
n 6353 84r Florida Statutes. at its regular
meeting on February 20, 2004 pursuant to Sectio
If you have any questions, please feel free to call me.
Sincerely,
Terry Less, AICP
Deputy Director
TLH/wh
Attachment
r
"B r i n g i n g C o m m 11 n i t i e s T o g e t b e r"
301 East Ocean Boulevard - Suite 300 - Stuart, Florida 3t 994or�
Phone (772) 221-4060 - SC 269-4060 - Fax (772) 221-4067 - E-mail - admin_
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ITEM 5E
From: Staff
Date: February 20, 2004 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Sebastian Comprehensive Plan
DCA Reference No. 04-1
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 govermnent, the regional planning council, an affected
person or if an ORC Report is otherwise deemed necessary by the DCA. If the local
goverriment 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 five Future Land Use Map (FLUM) amendments to its
comprehensive plan. The proposed FLUM amendments are for properties that are being
annexed into the City. The City has asked for a formal review of the proposed
amendments.
Evaluation
Future Land Use Map Amendments
The FLUM amendments are shown on the attached maps and summarized in Table 1.
.
vacant with single-family residential to the west. Surrounding FLUM designations -
are Low Density Residential to the north, L-1 Residential (County) to the west and
south, and Residential (County) to the east. The conceptual plan proposed for this
property includes a total of 99 single-family lots that would be a density of 2.6 units
per acre.
3. 0-03-20 (Ashbury Subdivision) — The proposed FLUM amendment is for
approximately 56.0 acres located along Powerline Road north of Sebastian
Elementary School and south of Main Street. The property is presently vacant, and
the landowner is requesting annexation into the City. The present FLUM designation
is L-2 Residential, a County designation allowing a maximum of six dwelling units
per acre. The proposed designation is Low Density Residential (maximum 5 dwelling
units per acre). Surrounding lands are residential to the north and west, mobile homes
to the east, and institutional to the south. Surrounding FLUM designations are Low
Density Residential to the west, Medium Density Residential to the north and east,
and Institutional to the south. The conceptual plan proposed for this property
includes a total of 195 single-family residential homes that would be a density of 3.5
units per acre.
4. 0-03-24 (Sebastian Crossing) — The proposed FLUM amendment is for
approximately 60.0 acres located in the northwest quadrant of the intersection of
County Road 512 (Fellsmere Road) and County Road 510 (Wabasso Road) at the
southwestern boundary of the City. The property is presently vacant, and the
landowner is requesting annexation into the City. The present FLUM designation is
Low Density Residential, a County designation allowing a maximum of three
dwelling units per acre. The proposed designation is 14.4 acres of Commercial and
45.7 acres of Low Density Residential (maximum 5 dwelling units per acre).
Surrounding lands are primarily vacant. Surrounding FLUM designations are
Agriculture -3 (County) to the north and west, Low Density Residential to the east,
and -L-1 Residential (County) to the east and south.
5. 0-03-26 (River Oaks Preserve) — The proposed FLUM amendment is for
g CR 510 east of 82nd Avenue at the southern
approximately 152.2 acres located alon
boundary of the City. The property is presently vacant, and the landowner is
requesting annexation into the City. The present FLUM designation is Residential, a
County designation allowing a maximum of one dwelling unit per acre. The proposed
designation is Low Density Residential (maximum 5 dwelling units per acre).
Surrounding lands are primarily vacant land to the south, west, and east and
residential to the north. Surrounding FLUM designations are Agriculture -1 (County)
to the south, Low Density Residential to the north, and Low Density Residential
(County) to the east and west.
Extraiurisdictional Impacts
Analysis of the proposed amendments indicates that they would not have significant
extrajurisdictional impacts. A letter was sent to the County requesting comments on any