HomeMy WebLinkAbout2009 - DCA Compliance NoticeSTATE OF FLORIDA
C rrss eaek 1�dd i f colt
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
February 24, 2009
The Honorable Richard H. Gillmor
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958-4165
Dear Mayor Gillmor:
THOMAS G. PELF
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The Department of Community Affairs has completed its review of the City of Sebastian
Comprehensive Plan Amendment DCA Number 05-1, adopted by Ordinance Number 0-05-05
on August, 25, 2005, and determined that it meets the requirements of Chapter 163, Part Il,
Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b), F.S. The
Department is issuing a Notice of Intent to find the Comprehensive Plan Amendment in
compliance. The Notice of Intent has been sent to the Vero Beach Press Journal for publication
on February 25, 2009.
The Department's Notice of Intent to find a plan amendment in compliance shall be
deemed to be a final order if no timely petition challenging the amendment is filed. Any affected
person may file a petition with the agency within 21 days after the publication of the Notice of
Intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a
development, dependent on the amendment may be issued or commence before the plan
amendment takes effect. Please be advised that Section 163.3184(8)(c)2, F.S., requires a local
government that has an Internet site to post a copy of the Department's Notice of Intent on the
site within 5 days after receipt of the mailed copy of the Notice of Intent.
Please note that a copy of the adopted City of Sebastian Comprehensive Plan
Amendment and the Notice of Intent must be available for public inspection Monday through
Friday, except for legal holidays, during normal business hours at the City of Sebastian, Clerk's
Office and Growth Management Department, 1225 Main Street, Sebastian, Florida 32958-4165.
2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100
850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Website: vvvvvv.dca.state.fl.us
• COMMUNITY PLANNING 850-488-2356(p) 850-488-3309(f) • FLORIDA COMMUNITIES TRUST 850-922-2207(p) 850-921-1747(f) •
• HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956(p) 850-922-5623(f)
The Honorable Richard H. Gillmor
February 24, 2009
Page 2
If this in compliance determination is challenged by an affected person, you will have the
option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to
resolve this matter through mediation, you must file the request for mediation with the
administrative law judge assigned by the Division of Administrative Hearings. The choice of
mediation will not affect the right of any party to an administrative hearing.
If you have any questions, please contact Laura Regalado, Community Planner, at (850)
921-3762.
Sincerely,
J
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/lmr
Enclosure: Notice of Intent
cc: Ms. Rebecca Grohall, AICP, Growth Management Director, City of Sebastian
Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND
THE CITY OF SEBASTIAN
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 05-1-NOI-3105-(A)-(I)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for
the City of Sebastian, adopted by Ordinance No. 0-05-05 on August 24, 2005, IN COMPLIANCE, pursuant
to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted City of Sebastian Comprehensive Plan Amendment and the Department's Objections,
Recommendations and Comments Report (if any) are available for public inspection Monday through Friday,
except for legal holidays, during normal business hours, at the City of Sebastian, Clerk's Office and Growth
Management Department, located at 1225 Main Street, Sebastian, Florida 32958-4165.
Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administra-
tive hearing to challenge the proposed agency determination that the Amendment to the City of Sebastian
Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed
within twenty-one (2 1) days after publication of this notice, and must include all of the information and
contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk,
Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a
copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of
any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If
a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and
forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become
final agency action.
If a petition is filed, other affected persons may petition for leave to intervene in the proceeding.
A petition for intervention must be filed at least twenty (20) days before the final hearing and must include
all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative Hearings, Department of Management Services,
1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate in the administrative hearing.
After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection
163.3189(3)(x), F.S., to any affected person who is made a party to the proceeding by filing that request with
the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation
shall not affect a party's right to an administrative hearing.
Mike McDaniel, Chief
Office of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
CITY Of -
HOME OF PELICAN ISLAND
ADOPTION TRANSMITTAL
AND
RESPONSE TO
OBJECTIONS, RECOMMENDATIONS,
AND COMMENTS
DCA No. 05-1
Local Planning Agency Review: July 15, 2004
(Recommendation to City Council)
DCA Transmittal Hearing — City Council: January 12, 2005
Adoption Hearing — City Council August 24, 2005
Growth Management Department, 1225 Main Street, Sebastian, Florida 32958
(772) 589-5518 Telephone (772) 388-8248 Facsimile
www.cityofsebastian.org
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Ray Eubanks, Plan Processing Administrator
Division of Community Planning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
• To Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
• The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
•
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
CM, Of
SE
HOME OF PELICAN ISLAND
CERTIFICATION
I, Jeanette Williams, do hereby certify the attached copy is a true and correct
copy of Ordinance No. 0-05-05 adopted by Sebastian City Council at their
August 24th, 2005 Regular City Council meeting.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO
DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY
RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE
DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING
OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS
CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET
KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
1 hereby affix the seal of the City of Sebastian, this 12th day of December, 2008.
J nette Williams, CMC
puty City Clerk
City of Sebastian
0
0 Ordinance No. 0-05-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT
TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL
LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED
LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER
ACRE (R) FOR LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND
ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF
BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of the Henry A. Fischer 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 R (Residential, 1 unit 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 adopted by this Ordinance
shall affect the following described real property, as of the effective date to be lying and being
within the incorporated area of the City of Sebastian, Indian River County, Florida:
See attached Schedule "A"
containing 25.55 acres more or less.
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. TRANSMITTAL. 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. The effective date of this plan amendment shall be
the date a final order is issued by the Department of Community Affairs or Administration
Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b),
Fla. Stat., whichever is applicable, and annexation of the property into the corporate limits of the
City of Sebastian. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nonetheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the Department.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 12th day of
January, 2005, by Councilmember c o n i g 1 i o . The motion was seconded by
Councilmember Monier and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice -Mayor Joe Barczyk
Councilmember Ray Conigho
Councilmember Lisanne Monier
Councilmember
ATTEST:
Sally A.
City CIE
aye
aye
aye
aye
S, CMC
•
•
11
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember
Monier . The
motion was seconded by Councilmember B u rk e e n and, upon being put to a vote,
the vote was as follows:
Mayor McCollum
Vice -Mayor B u r k e e n
Councilmember Monier
Councilmember Coy
Councilmember N e g l i a
aye
aye
aye
nay
nay
The Mayor thereupon declared this Ordinance duly passed and adopted this 24th day of
'Aueust 200 5 .
ATTEST:
Sally A.
City CIE
�; L�(` �1), __ __ __ _ i ---.
MMC
CITY OF SEBASTIAN, FLORIDA
By:
4r
Approved as to form and legality for
reliance by the City of Sebastian only:
t
Rich Stringer, City Attorn
• ORDINANCE 0-05-05
SCHEDULE A
From the center of Section 30, Township 31 South, Range 39 East, Indian River County,
Florida, run South 89 degrees 32 minutes 01 seconds West along the North boundary of
the Southwest quarter of Section 30 a distance of 1163.97 feet to the POINT OF
BEGINNING; thence run South 00 degrees 09 minutes 57 seconds East a distance of
1336.24 feet to the quarter -quarter line; thence run South 89 degrees 50 minutes 01
seconds West along said quarter -quarter line a distance of 835.12 feet; thence run North
00 degrees 05 minutes 51 seconds West a distance of 1331.88 feet to the North boundary
of the Southwest quarter; thence run North 89 degrees 32 minutes 01 seconds East a
distance of 833.55 feet to the POINT OF BEGINNING.
LESS AND EXCEPT the Southern fifty (50) feet of the above-described property
pursuant to Chancery Order Book 9, Page 564, in the Public Records of Indian River
County, Florida
C7
r�
aN OF
SEAh
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Terry L. Hess, Planning Director
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, Florida 34994
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
To Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
• The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
•
•
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Jim Quinn, Environmental Manager
Office of Intergovernmental Programs
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, Mail Station 47
Tallahassee, Florida 32399-3000
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
iTo Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
•
•
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
SEISASTKN
.,
,N
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Tracy D. Suber
Educational Consultant -Growth Management Liaison
Office of Educational Facilities
Florida Department of Education
325 West Gaines Street, Suite 1014
Tallahassee, FL 32399-0400
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
• To Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
•
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
•
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
*ebeccarohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
• QIY OF
SIEBASTMN
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Ms. Susan Harp, Historic Preservation Planner
Bureau of Historic Preservation
Florida Department of State
500 South Bronough Street
Tallahassee, FL 32399-0250
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
• To Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
• The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
aIf you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
r�
L
•
Sincerely,
ao'Y'�� a-)9�q
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
SIE]BAST
�5
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Gerry O'Reilly, Director of Production and Planning
Florida Department of Transportation, District Four
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
• To Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
• The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
•
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
I"'( 6��
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
QTY Of
•
%BASTIM
N
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Jason Nunemaker
City of Fellsmere
21 S. Cypress Street
Fellsmere, FL 32948-6714
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
To Whom It May Concern:
• Please be advised the Ci of _ _
City Sebastian has adopted a land use amendment, Ordinance 0 OS OS
on August 24,_ 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
• The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
•
•
Si rely,
I,--- ���e6d4
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
SE MY OF
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Stan Boling, Planning Director
Community Development Department
Indian River County
180027 th Street
Vero Beach, FL 32960
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
• To Whom It May Concern:
•
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
•
r�
The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
cerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008
Land Use Amendment
Ordinance No. 0-08-02
07Y Of
SIEBASTIM
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Phil Matson
Metropolitan Planning Organization
Indian River County
180027 1h Street
Vero Beach, FL 32960
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
• To Whom It May Concern:
•
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
•
•
The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
r4"
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008
Land Use Amendment
Ordinance No. 0-08-02
•
C,
C1
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Jeff Cole, Assistant Director
St. Johns River Water Management District
Office of Communications and Governmental Affairs
4049 Reid Street, Highway 100
Palatka, Florida 32177
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
To Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
•
Sincerely,
We�6 i
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
•arl OF SEBASPAN
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Timothy McGarry, Director
Planning and Development Department
City of Vero Beach
P. O. Box 1389
Vero Beach, FL 32961-1389
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-05-05 Cross Creek Addition
• To Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached, as well as responses and supporting documentation. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Enclosed with this transmittal, as a separate binder, is Ordinance 0-08-02 Shady Rest Mobile Home
Park, together with all requisite supporting data. The City of Sebastian has received an application
for a large-scale amendment to the Comprehensive Plan to amend the Future Land Use Map to
designate an initial land use classification of Riverfront Mixed Use (RMU) for annexed land with
a prior Indian River County land use designation of Mobile Home Rental Park, 8 units per acre
(MHRP/M-1).
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
•
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
C7
•
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
a)
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
•Regular City Council Meeting
July 27, 2005
Page Three
8, COMMITTEE REPORTSlRECOMMENDATIONS
05.090 A. Parks & Recreatialn Advisoty Committee
65-73 (City Clerk Transm)tal 7/18/05, Cod , Application, Ad, List)
i. Interview, Un ss Waived d Submit Nomination to Fill:
a. Zone D osition, xpiring 5/31/2006
Council interviewed Mr. ill and being no other applicants, he was appointed
to the Zone D position to a ire 5/31/06 on nomination by Ms. Coy.
05.154 B. Code Enforcement Bo d
75-85 ii. Orders Presen din Acc dance with Code Section
2-193 (b) (1 Order No 2004-7701, 2005-2815, 2005-9139 — No
Council Ac ' n Required
Presentation only. No action was required.
9. PUBLIC HEARING
05.016 A. Second Reading and Final Adoption Ordinance No. 0-05-04 — Petition for
0 87-112 —� Voluntary Annexation - 25.55 Acre Addition to Cross Creek Subdivision (GMD
Transmittal, 0-05-14 w/Exhibits, Letter, Map, Survey, FS)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR
POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION
PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING
FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor McCollum opened the public hearing at 7:10 p.m., the City Attorney read the
Ordinance by title, and said there was a request by the applicant to continue the public
hearing on items A, B, and C to August 24, 2005, for attendance by full Council. Mayor
McCollum read the letter into the record (see letter dated July 26, 2005 from Warren W.
Dill attached).
On MOTION by Mr. Neglia, and SECOND by Ms. Monier, public hearings for items 9 A,
913 and 9 C, Ordinance No. 0-05-04, 0-05-05, and 0-05-06 were continued to August
24, 2005 on a roll call vote of 4-0.
•
3
Regular City Council Meeting
July 27, 2005
Page Four
05.016 B. Second Reading and Final Adoption Ordinance No. 0-05-05 Land Use
113-149 Amendment - 25.5 -Acre Addition to the Recently Annexed Cross Creek Subdivision
(GMD Transmittal, 0-05-05, Map, Report, Application, P & Z Recommendation)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO
THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND
USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R ) FOR
LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO
CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET
KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
05.016 C. (Quasi -Judicial) Second Reading and Final Adoption Ordinance No. 0-05-06 —
151-167 Rezoning Request from Agriculture (A-1) to RS -10 for a Proposed 25.55 Acre Addition to
Cross Creek Subdivision (GMD Transmittal, 0-05-06, Report, Map, Application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING
CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS -10) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE ( R) FOR
LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLiNE ROAD
SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II,
PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE.
05.132 D. Second Reading Ordinance No. 0-05-15 Hurricane Measures by Contractors
169-172 (City Clerk Transmittal 7121/05, 0-05-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING CITY CODE CHAPTER
26 TO REQUIRE THAT CONSTRUCTION SITES BE SECURED UPON ISSUANCE OF A
HURRICANE WATCH OR WARNING; PROVIDING FOR CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-15 by title, briefly explained the ordinance,
and suggested inserting the word "exclusively" after the word "heard".
Mayor McCollum opened the public hearing at 7:15 p -m_, however, there was no public
input.
On MOTION by Mr. Neglia, and SECOND by Ms. Monier, Ordinance No. 0-05-15 with
change was adopted on a roll call vote of 4-0.
05.155 E. Resolution No. R-05-28 Vacation of Right -of -Way for Palm Avenue Ocean
173-187 Breeze Heights Subdivision (R-05-28 City Attorney Memo Map Staff ReportGrant
of Easement, Application, Public Notice)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PLATTED
RIGHT-OF-WAY FOR PALM AVENUE; PROVIDING FOR CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE.
• 4
Regular City Council Meeting
August 24, 2005
Page Six
Ms. M ier said it is not her job to sit he and express personal feelings,
appreciat that the applicant would en up the roads to pedestrians,
and said sh could not ask taxpaye to pay for roads that they don't need
to pay for.
Mayor McCollum s 'd the Cit pays for removal of debris out of gated
communities.
Ms. Monier said in a disdssle,r she hopes citizens all stick together in an
emergency and emergtancy i\andCOND
ot be brought up.
On MOTION, by M . Monier, by Mr. Neglia, Council
approved Reol Ion No. R-0addition of oak trees, putting
R-03-54 in thonflict provisbe opened to pedestrians,
change wordg on plat to mtion in section C.
Mr. Burkedn asked to add language to allow t' way to their entrance and
then le a the rest of Laconia one-way, howeve the request was not
added to the motion.
• The roll call vote was 3-2. (McCollum, Burkeen-nay)
05.018 B. Second Reading and Final Adoption - Ordinance No 0-05-04 — Petition
49-75 for Voluntary Annexation - 25.55 Acre Addition to Cross Creek Subdivision
(GMD Transmittal 8/17/05 0-05-04 Letter Maps Minutes Agreement
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR
POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION
PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING
FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-04 by title and Mayor
McCollum opened the public hearing at 8:27 p.m.
The Growth Management Manager presented staff recommendation for
approval.
Attorney Warren Dill, representing applicant, Henry Fischer, addressed
Council recommending approval of the annexation.
Mayor McCollum closed the hearing at 8:30 p.m.
•
0
•Regular City Council Meeting
August 24, 2005
Page Seven
In response to Mr. Neglia, Bruce Moia, MVB Engineering, Inc., engineer
for the applicant, stated Powerline Road would be paved to County
standards.
The City Attorney said the County would take ownership of the road after
all eminent domain proceedings are finished.
On MOTION by Ms. Monier and SECOND by Mr. Burkeen Ordinance No.
0-05-04 was adopted on a roll call vote of 3-2 (Neglia, Coy — nay)
05.016 C. Second Reading and Final Adoption - Ordinance No. 0-05-05 Land Use
77-122 Amendment - 25.5 -Acre Addition to the Recently Annexed Cross Creek
--�' Subdivision (GMD Transmittal 8/17/05 0-05-05 Map Reports Response
Recommendation, Application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO
THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE
CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R ) FOR LAND
CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS
CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS
CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
• AND PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-05 by title and Mayor
McCollum opened the public hearing at 8:40 p.m.
The Growth Management Manager said previous Council concerns of the
DCA report have been addressed by Project Engineer, Mr. Moia, which
were included in the agenda packet.
Mr. Dill pointed out that this project was submitted to DCA with two other
40 -acre projects which have since dropped out and the 25 acres is of little
impact.
Mayor McCollum closed the hearing at 8:42 p.m.
Mr. Burkeen asked if the DEP letter on circle page 94 only applied to
Cypress Bend and the City Attorney replied it did.
In response to Ms. Coy, the Zoning Technician said the County sets the
water service areas and Mr. Moia confirmed the County has no plans for
water expansion in this area.
•
7
•
Regular City Council Meeting
August 24, 2005
Page Eight
Mr. Neglia asked about DOT concerns and Mr. Moia stated the link
analysis indicates these roads will handle the full capacity.
On MOTION by Ms. Monier, and SECOND by Mr. Burkeen, Ordinance
No. 0-05-05 was approved on a roll call vote of 3-2 (Neglia, Coy — nay)
05.016 D. Second Reading and Final Adoption - Ordinance No. 0-05-06 — Rezoning
127-944 Request from Agriculture (A-1) to RS -10 for a Proposed 25.55 Acre Addition
to Cross Creek Subdivision (GMD Transmittal 8117/05 ReportMinutes
Recommendation, Map, Application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING
CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS -10) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE ( R) FOR
LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLINE ROAD
SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II,
PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-06 by title and Mayor
McCollum opened the hearing at 8:52 p.m.
There was no ex -parte communications to be disclosed.
City Clerk swore in all who intended to offer factual testimony.
Attorney Warren Dill addressed City Council on behalf of the applicant.
In response to traffic and infrastructure concerns, Mr. Moia said 5 units per
acre could be placed on this land but the applicant plans less than two
units per acre.
The Growth Management Manager described the development and
recommended approval.
Discussion took place on proposed lot sizes and height limitations.
Being no one in favor or opposed, Mayor McCollum closed the hearing at
9:00 P.M.
On MOTION by Ms. Monier and SECOND by Mr. Burkeen Ordinance No.
0-05-06 was adopted on a roll call vote of 4-1 (Neglia — nay)
8
•
•
•
R Ri
i
f
4t r
City of Sebastian, Florida
Subject: Second reading and public hearing
of Ordinance No. 0-05-05; land use
amendment for a proposed 25.5 -acre Phase
H addition to the recently annexed Cross
Creek Subdivision.
Agenda No.
Department Origin: Growth Manage
pv
Purchasing/Contracting:
Finance Director:
City Attorney:
City Clerk:_
Approved for Submittal by: City Manager
Date Submitted :July 19, 2005
For Agenda of: July 27, 2005
Al Minner
Exhibits: Ordinance No. 0-05-05, Location Map, Staff Report, DCA's ORC Report, P&Z recommendation, and
k --"--i' - -
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
RY
Mr. Henry A. Fischer is requesting a large-scale land use map amendment for a 25.55+/- acre tract of land
situated immediately south of Cross -Creek Subdivision, west of Powerline Road, south of Barber Street,
and north of CR 510. The current land use designation for the subject parcel is R (Residential lunit/acre
(County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting
annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of
RS -10 (9,500 SF minimum lot size). The property is slated to become phase II of Cross Creek
Subdivision, which is proposed to contain 134 single family residential lots with minimum lot size of 95'
x 135'. A similar design is anticipated for the subject parcel.
On January 12, 2005 City Council approved the transmittal of the proposed comprehensive plan land use
map amendments to the Department of Community Affairs. Their Objection, Recommendations and
Comments report is based on their review of three proposed annexations. Since that transmittal and
report was received in April one annexation request has withdrawn and one was denied at first reading.
Attached is a copy of DCA's report for your review. Issues that will need to be addressed for the Cross._
Creek amendment only have been noted. If the land use map amendment is approved by City Council,
information requested by DCA will be forwarded with the approved Ordinance for a Comprehensive Plan
compliance determination.
RECOMMENDED ACTION
Conduct public hearing.
"Move to pass Ordinance No 0-05-05."
• Ordinance No. 0-05-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT
TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL,
LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED
LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER
ACRE (R) FOR LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND
ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF
BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of the Henry A. Fischer 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 R (Residential, 1 unit 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 adopted by this Ordinance
shall affect the following described real property, as of the effective date to be lying and being
within the incorporated area of the City of Sebastian, Indian River County, Florida:
See attached Schedule "A"
containing 25.55 acres more or less.
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. TRANSMITTAL. 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. The effective date of this plan amendment shall be
the date a final order is issued by the Department of Community Affairs or Administration
Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b),
Fla. Stat., whichever is applicable, and annexation of the property into the corporate limits of the
City of Sebastian. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nonetheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the Department.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 12a' day of
January, 2005, by Councilmember. C o n i g 1 i o . The motion was seconded by
Councilmember Monier and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice -Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Lisanne Monier
Councilmember
ATTEST:
Sally A.
City Cle
11
aye
aye
aye
aye
>'r -t.
CMC
•
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember . The
motion was seconded by Councilmember and, upon being put to a vote,
the vote was as follows:
Mayor
Vice -Mayor _
Councilmember
Councilmember
Councilmember
The Mayor thereupon declared this Ordinance duly passed and adopted this
)200—.
ATTEST:
Sally A. Maio, CMC
City Clerk
0
CITY OF SEBASTIAN, FLORIDA
Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
day of
•
•
0
ORDINANCE 0-05-05
SCHEDULE A
From the center of Section 30, Township 31 South, Range 39 East, Indian River County,
Florida, run South 89 degrees 32 minutes 01 seconds West along the North boundary of
the Southwest quarter of Section 30 a distance of 1163.97 feet to the POINT OF
BEGINNING; thence run South 00 degrees 09 minutes 57 seconds East a distance of
1336.24 feet to the quarter -quarter line; thence run South 89 degrees 50 minutes 01
seconds West along said quarter -quarter line a distance of 835.12 feet; thence run North
00 degrees 05 minutes 51 seconds West a distance of 1331.88 feet to the North boundary
of the Southwest quarter; thence run North 89 degrees 32 minutes 01 seconds East a
distance of 833.55 feet to the POINT OF BEGINNING.
LESS AND EXCEPT the Southern fifty (50) feet of the above-described property
pursuant to Chancery Order Book 9, Page 564, in the Public Records of Indian River
County, Florida
arc Of
SIEBASPAN
Homt of PEUCM ISLAND
Growth Management Department
Comprehensive Plan Amendment Application
Staff Report
1. Project Name: Cross Creek Subdivision Addition
2. Requested Action: Land Use Change from R (County-1unit/acre) to LDR
3. Project Location
a. Address: Immediately South of Cross -Creek Subdivision - Powerline Road
South of Barber/north of CR 510.
a. Narrative of proposed actlon: Mr. Henry A. Fischer is requesting a large
• scale land use map amendment for a 25.55+/- acre tract of land situated
immediately south of Cross -Creek Subdivsion — west of Powerline Road south of
1
b. Legal:
See survey
C. Indian River
County Parcel Number: 30-31-39-00000-5000-00002.0
• 4.
Project Owner:
Henry A Fischer
P.O. Box 780068
Sebastian, Florida 32978
(772) 589-3159
fax: (772) 589-7731
5.
Project Agent:
Warren W. Dill
Dill & Evans, P.L.
1515 U.S. Highway 1, Suite
201
Sebastian, Florida 32958
(772) 589-1212
fax: (772) 589-5212,
6.
Project Engineer:
Mosby & Associates, Inc.
245514 1h Avenue
Vero Beach, Florida 32960
(772) 569-0035
fax: (772)-778-3617
7.
Project Surveyor:
David M. Jones
3899 39th Street
Vero Beach, Florida 32960
(772) 567-9875
fax: (772) 567-9172
8.
Project Description
a. Narrative of proposed actlon: Mr. Henry A. Fischer is requesting a large
• scale land use map amendment for a 25.55+/- acre tract of land situated
immediately south of Cross -Creek Subdivsion — west of Powerline Road south of
1
• Barber Street and north of CR 510. The current land use designation for the
subject parcel is R (Residential 1 unit/acre (County)), while the current zoning is A-1
(Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a
land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10
(10,000 SF minimum lot size). The property is slated to become phase II of Cross
Creek Subdivision, which is proposed to contain 150 single family residential lots
with minimum lot size of 95' x 135'. A similar design is anticipated for the subject
parcel.
b. Current Zoning: A-1 (County - Agriculture)
C. Adjacent Properties
Zoning Current Land Use Future Land Use
North: RS -10 Single Family/Vacant LD
East: RS -10 Single Family/Vacant LD
South: A-1 Vacant R (County)
West: RS -10 Residential/Vacant LD
d. Site Characteristics
(1) Total Acreage: 25.55 acres
(2) Current Land Use(s): Vacant
(3) Soil: Oldsmar, Pepper
(4) Vegetation: Cleared, Palm, Oak
(5) Flood Hazard: Zone X
(6) Water Service: Indian River County Utilities (Water Main)
(7) Sanitary Sewer Service: Indian River County Utilities (Forcemain)
(8) Parks: Barber Street — 3/4 mile
(9) Police/Fire: Sebastian Police 4 miles
County Fire — 3/4 miles
9. Comprehensive Plan Consistency
a. Future Land Use: Consistent
b. Traffic Circulation: Consistent
• c: Public Facilities: Consistent
2
• d. Housing: Consistent
e. Coastal Management: Consistent
f. Recreation and Open Space: Consistent
g. Conservation: Consistent
h. Intergovernmental Coordination: Consistent
10. Conformance with Code of Ordinances: Consistent
11. Changed Conditions: Site is currently vacant un -developed land, with proposed
change to single-family residential.
12. Land Use Compatibility: Adjacent properties to the north and east are designated
low density residential, while the property immediately south is designated for low density
residential within the County.
There will be a negligible impact caused by the proposed land use change due to the
similarity of the existing uses in the area. Additionally, the infrastructure improvements
slated as an element of the proposed project will enhance the viability and sustainability
of the area.
13. Adequate Public Facilities: Provided — public utilities (water, wastewater) will be
incorporated within the development of the proposed subdivision, and the existing lake will
double a stormwater detention basin.
14. Natural Environment: The proposed Subdivision will contain the requisite open space
as required by land development regulations.
15. Economic Effect: provided — The property is currently not.within the corporate limits of
the City of Sebastian. Annexation will provide an additional 25.55 +/- acres of land area,
which in turn enhance the value of the property and increase tax revenues to the City.
16. Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
development given the location of the site adjacent to residential/commercial property
and availability of sufficient public facilities and access.
17. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to
incorporate and/or annex enclave parcels within incorporated cities. Although the property
in question is not an enclave (although adjacent on three sides to City boundaries), it is
adjacent to the urban service area, and would most likely be better served by municipal
services. The proposed change to a single-family residential is consistent with the future
goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed
• annexation/land use change is not in conflict with public interest.
3
•
18. Other Matters: The requested land use change and accompanying rezoning will
provide consistency with the future land use map of the comprehensive plan.
Annexation of the parcels will demonstrate compliance with goals and objectives as
outlined in the comprehensive plan for annexation of properties lying adjacent to the
urban service area.
The proposed land use change will create a slightly greater impact on water,
wastewater, drainage and solid waste facilities.
19. Analysis: Mr. Henry A. Fischer is requesting a large scale land use map amendment
for a 25.55+/- acre tract of land situated immediately south of Cross -Creek Subdivsion —
west of Powerline Road south of Barber Street and north of CR 510. The current land use
designation for the subject parcel is R (Residential 1 unit/acre (County)), while the current
zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel
with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10
(10,000 SF minimum lot size). The property is slated to become phase II of Cross Creek
Subdivision, which is proposed to contain 150 single family residential lots with minimum
lot size of 95'x 135'. A similar design is anticipated for the subject parcel.
20. Conclusion: The requested land use change from R (County) to LDR is consistent
with the Comprehensive Plan, Land Development Code and Code of Ordinances.
21. Recommendation: Staff recommends approval of the requested land use change
with the following condition:
1. The land use change shall be conditioned upon receipt of annexation approval pproval by
the City Council.
P DATE
4
�znr. xurt
u�
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
IEB BUSH THADDEUS L, COHEN, AIA
Governor Secrelary
April 18, 2005
The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mayor McCollum:
The Department of Community Affairs has completed its review of the proposed
Comprehensive Plan Amendment for the City of Sebastian (DCA No. 05-1), which was received
on January 31, 2005. 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, Recomi-hendations,*and Comments (ORC) Report
which outlines our findings concerning the comprehensive plan amendment. The Department has
raised objections on the adequate provision of services, to include transportation and public
facilities analysis and site suitability.
If you have any questions, please call Roger A. Wilburn, Principal Planner, or Jamie
Coker, Planner, at (850) 922-1816.
Sincerely yours,
Charles Gauthier; AICD
Chief of Comprehensive Planning
CG/jcs
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
• cc: Tracy Hass, Director of Growth Management, City of Sebastian
Michaeal Busha, Executive Director, Treasure Coast Regional Planning Council
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.84.66/S,un,com.278.8466 FAX: 850.921.0781/5uncom 291.0781
Internet address: hltD://wvvw.dca.,';1 It Jl.us
CRITICAL STATE CONCERN FIELD OFFICECOMAIUNITY PIANNINC EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas I lighwiy, Suile 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
ALsralhnn, FL 33050-I227 Tallahassee, rL 32399.2100 Eallahasue, FL 32399.2100 Tallahwee, FL 32399-2100
•
INTRODUCTION
The following objections, recommendations and comments are based upon the
Department's review of the City of Sebastian05-1 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 maybe 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 and corrected when the
amendment is resubmitted for our compliance review. Objections that 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 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.
0
•
TRANSMITTAL PROCEDURES
Upon receipt of this report, 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 comprehensive plan amendments is outlined in s. 163.3184, Florida
Statutes, and Rule 9J-11.011, Florida Administrative Code.
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 amendment;
A copy of the adoption ordinance;
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 amendment, and pursuant to
Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to
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 no names, addresses are provided, please provide this
information as well. For efficiency, we encourage that the information sheet be provided in
electronic format.
0
•
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE
CITY OF SEBASTIAN
AMENDMENT 05-1
0
April 18, 2005
Division of Community planning
Office of Comprehensive Planning
This report is prepared pursuant to Rule 9J-11.010, F.A.C.
0
•
•
OBJECTIONS, RECOMMENDATIONS AND COADHNTS
City of Sebastian
PROPOSED AMENDMENT DCA #05-1
I. CONSISTENCY WITH CHAPTER 163, F.S., AND RULES 9J-5 & 9J-11 F A C
The Department has completed its review of the proposed amendment to the City of Sebastian
Comprehensive Plan. The City of Sebastian amendment 05-1 contains three Future Land Use
Map (FLUM) amendments. The Department has raised objections on the adequate provision of
services, to include transportation and public facilities analysis and site suitability.
ORC OBJECTIONS & RECOMMENDATIONS:
X05-02 (Cypress Bend Subdivision) — pending annexation, approximately 46.1 acres changing
from County C-3 (Conservation —1 duJ2.5ac) to City LDR (Low Density Residential - 5du/ac). WMD960-N
2) OS -OS (Cross Creek Addition) — pending annexation, approximatdly 25.55 acres changing
from County R (Rural Residential - 1du/ac) to City LDR (Low Density Residential — 5du/ac).
05-08 (The Hammocks) — pending annexation, approximately 40.224 acres changing from
X311_"unty R (Rural Residential — 1 du/ac) to City LDR (Low Density Residential — 5du/ac). Derma
1) Objection to amendments 1-3
Impact Analysis - The supporting data and analysis does not demonstrate that the amendments
will be served by adequate public facilities, to include water, sewer and transportation facilities,
to maintain the adopted LOS standards through the fire -year and long range planning periods
based upon the maximum extent of potential development allowed.
[Rule 9J-5.005 (2)(a), Rule 9J-5.006 (2)(a) and (3)(b)l, Rule 9J-5.011 (1)(f), F.A.C., and Section
163.3177 (3)(a)3 and (6)(c), F.S.]
Recommendation to amendments 1-3
Impact Analysis - Provide verification from the City of Sebastian and / or the Indian River
County Utility Services that sufficient water and sewer capacity exists to serve the sites based on
the maximum allowable densities and intensities for the -land use category. The analysis for the
five-year and long range planning periods should include a forecast of background growth, ..
_
including committed projects, and the additional density/intensity allowed by the amendments.
S
rove e an assessment of how the amendments will affect the CUP and give the status of any
CUP modification application. Also, indicate the proximity of the collection system and the
extent to which it must be expanded to serve the sites.
e �`
-e
Demonstrate availability of adequate roadways by providing data and analysis through the use of
peak hour / peak direction traffic impact data, based on the maximum allowable densities and
�7—
intensities for the land use category. Provide data that the adopted LOS standard will be
'c,P'�S�
maintained through the five-year planning period Also, the analysis should include impacts to I-
° 'Jo
CQP°
95 / CR -512 interchange and any impacts to evacuation routes. Please include data indicating the
Iand projected demands on roadways based on projected growth and programmed funding.
1-��
•
2 Objection to amendment 1 (C ress Bend Subdivision) Luitpie�'N
The supporting data and analysis raises questions as to the suitability of the site due to
environmentally sensitive and protected lands. The western edge of the property is adjacent to the
southern .end of the St. Sebastian River. The amendment package states that the development
plan will require conservation easements and preservation measures to ensure compliance with
protection of areas of critical State concern.
[Rule 9J-5.013 (3), F.A.C., and Section 163.3177 (6)(d), F.S.]
Recommendation to amendment 1 (Cypress Bend Subdivision)
Provide information as to the extent of sensitive and protected lands -located on site in terms of
acreage and a detailed map. Also, identify the type of sensitive and protected lands on site.
Additionally, discuss how the development plan will ensure a conservation easement or other
preservation measures will protect the sensitive areas or areas of critical State concern. The City
should consider a clustering approach to development of this site to avoid impacts to onsite
resources.
I1. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
• The supporting data and analysis does not demonstrate the amendments are consistent with the
goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes:
Goal, 15(a) Land Use, Policies 15(b)6 and Goal 19(a) Tran sportation,.Policies 19(b)3 and 13.
RECOMMENDATION:
Revise the amendments as previously recommended.
•
•
•
0
St.ohns lileuver
Mal
Water Management District
Kirby B. Green HI, Executive Director - David W. Fisk. Assistant Executive Director
4049 Reid Street a P.O. Box 1429 • Palatka, FL 32178-1429 ► (386) 329-4500 his
On the Internet at www.sjrwmd.com.
March 16, 2005
D. Ray Eubanks, Administrator
Plan Review and Processing
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: Proposed Comprehensive Plan Amendment
DCA Amendment # Sebastian 05-1
Dear Mr, Eubanks:
St. Johns River Water Management District (District) staff have reviewed the above -referenced proposed
comprehensive plan amendment, The proposed amendment consists of three changes to the City of Sebastian's
future land use map. The District staff review focuses on water supply 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. District staff comments are provided below.
The submittal package identified Indian River County Utilities as the utility service provider for areas subject to
the map changes. District water use compliance staff indicate that the growth rate in the utility's service area is
greater than the growth rate provided for in the utility's District -issued consumptive use permit (CUP). The
utility's consultant has informed District water use compliance staff that an application for a CUP modification G
will be submitted. Thus, before adopting this amendment, City staff should coordinate with the utility service
provider to ensure that the anticipated increase in population growth and water demand from the areas subject to ��0
the map changes are accounted for in the application for a CUP modification.
We appreciate the opportunity to provide comments. If you have any questions, please contact District Policy
Analyst Peter Brown at (386) 329-431 I/Suncom 860-4311 orpbrovvn@ijrivind.com.
Sincerely,
Linda Burnette, Director
Office of Communications and Governmental Affairs
LB/PB
cc: Tracy Hass, City of Sebastian
Erik Olson, Indian River County Utilities
Michael Busha, TCRPC
Lindy McDowell, FDEP
Jeff Cole, SJRWMD
Marguerita Engel, SJRWMD
Phil Fairbank, SJRWMD
GOVERNING BOARD
ometrias D. Long. CHAIRMAN David G. Graham, VICE C AIRIJAN 'fl. Clay Albright, SECRETARY Duane Ottenstroer, TREASURER
. APOPKA .. JACXSOMVILLE CCAU JACKSONVILLE
W. Michael Branch John G. Sowinsk Wilriam Kerr Ann T. Moore Susan N. Hughes
FERNANOINA BEACH ORLANDO MELBOURNE BEACH BUNNELI J' SCiNLLE
O C,
\ � � •COD WE
�\ �\ FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF HISTORICAL RESOURCES
Mr, Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
MAR 1 ' 2005 s
Plan &
�apl ProCas.r.,_
February 25, 2005
Re: Historic Preservation Review of the Sebastian (05-1) 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 three proposed amendments to the Future Land Use Map to consider the potential effects of
these actions on historic resources. While our cursory review suggests that the proposed changes may
have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed
revisions will not have an adverse effect on significant archaeological or historic resources in the City of
Sebastian.
We do have some concerns about the Cypress Bend Subdivision (Parcel #1) and The Hammocks (Parcel
#3) Although these tracts do not 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. Both parcels appear to have at least
a� 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 fifty years of age or older 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,
xce,6c,� ie _ i
•� Frederick Gaske, Director
500 S. Bronough Street • Tallahassee, FL 32399-0250 - http://tvtvw.flheritage.com
O Director's Office O Archaeological Research ✓ Historic Preservation O Historical Museums
(850) 245-6300 - FAX: 243-6436 (850) 245-6441 - FAX: 245-6436 (850) 245-6333 - FAX: 245-6437 (850) 245-6400 - FAX: 245-6433
O Southeast Regional Office D Northeast Regional Office O Central Florida Regional Office
!Q ;11 AA7-AQQn . 17A X- A(7 -Ml 10nn1 n'); "Ic . c AV. one MA.. 1011....,., -- - --- --.-
y�G��,u F'�iEG10,Y
FLORI A Ly
Jeb Bush
Governor
Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard, MS 47
Tallahassee, Florida 32399-3000
March 15, 2005
Mr. Ray Eubanks
Florida Department of Community Affairs
Plan Review and DRI Processing Team
2555 Shumard Oak Boulevard
Tallahassee, Florida 3 23 99-2 100
Colleen M. Castille
Secretary
(D
t
31(s��S
RE: City of Sebastian, 05-1, 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 Stattnes,.and Chapters 9J-5 -and 9J-11, Florida Administrative +Code,.and
we have the following comments and suggestions:
Ordinance 0-05-02 (qfe_&-SS ae�Cwt Trf0R_Au-�N
The .proposed amendment would .change .the .land .use .designation .an .a 46 -acre .parcel
from Indian River County C73 (Conservation, 1 du/2.5 acres) to Sebastian Low Density
Residential (up to 5 du/acre). Water and sewer will be available.
Comments;
The western edge .of the :parcel is adjacent to. -the south prong sof the .St., Sebastian River.
This portion of the river is part of the St. Sebastian River Preserve State Park, a 36,600 acre
preserve. The preserve consists predominately ofniesic flamoods'with•smaller areas of
depression marsh, basin swamp, strand swamp, bottomland forests, scrubby flatwoods, scrub and
sandhill. The presen•e was originally intended to protect the St. Sebastian River but its role has
expanded to include protection and access to large areas of high quality uplands. The only
wetlands .appear .to be adjacent to .the river. The .predominate soils underlying the parcel are
generally poorly drained Oldsmar and Immokalee 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.
According to the best Aata.available .to .the Department, the parcel lies in an area .of high
recharge to the Surficial Aquifer (180-199 on the DRASTIC index). Surface land uses and
"More Protection, Less Process"
•-Ray-Eubanks
March 15, 2005
Page 2
.activities in.this.area.can.haeme.diiectimpacts:to.graun&vater_ Under-section.62-40..31.0(.1)(h),
FA.C., the Department's review of all programs, rules, and plans seeks to "protect aquifers from
depletion through water conservation and preservation of the functions of high recharge areas."
Recommendations:
Development.of.this parcel may h ydrolo gically affect and likely reduce natural watershed
functions such as the collection, storage, filtering and discharge of runoff. As a result, non point
source =off .into.the. Sebastian River watershed will .he.anissue .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.a*d clustering structures away
from wetland areas and reserving much of the land as open space for a common view in
.accordance with Rule W—M06(5)(1)..Stormwater.treatment should .he .designed .to maintain .the
natural predevelopment hydro—period and water quality, as well as to protect the natural
functions .ofthe adjacent wetlands. Prior to finalianginfrastructure-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-designatioirs are later
amended.
Thank you forthe .opportunity.to.comment .on this proposal. IfI.may.he.offurther
assistance, please call me at (850) 245-2172.
/ser
0
Sincerely,
SER
Suzanne E. Ray
Environmental Specialist
Office of Intergovernmental Programs
Florida Department of Transportation
DIRECTOR OF TRANSPORTATION DEVELOPMENT—DISTRICT 4
JEB BUSH 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 JOSt ABREU
GOVERNOR Telephone: (954) 777.4411 Fax: (954) 777-4197 SECRETARY
Internet Email: Fem.oreillv(aldotstate.fl us
Toll Free: 1-866-336-8435
March 18, 2005
Mr. Ray Eubanks, Community Program Administrator L—sing Plan Review and DRI Processing TeamDepartment of Community Affairs 005
2555 Shumard Oak BoulevardTallahassee, FL 32399-2100
Dear Mr. Eubanks:
SUBJECT: Proposed Comprehensive Plan Amendments ORC Review
Local Government: City of Sebastian
DCA Amendment # 05-1
• 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.
GOLH
Enclosure
cc: B. Romig, FDOT Cuitral Office
R Wilburn, DCA
N. Ziegler, FDOT 4
L. Hymowitz, FDOT 4
• File: 4270.20
Sincerely,
Gerry O'Reilly, P.E.
Director of Transportation Development
District Four
....... *-J -I -_i_ .0 .._
•
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISION/BUREAU: Planning_ Department
NAME OF LOCAL GOVERNMENT: QV of Sebastian
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 2/1S/05
DATE MEMORANDUM RECEIVED FROM DCA: 2/19105
REQUIRED RETURN DATE FOR COMMENTS: 3/18./05
ELEMENT: Various annexed parcels
Future Land Use Element
DCA Amendment # 05-1
RULE DEFICIENCY: 9J -5.005(2)(a), 91-5.006(2)(a), 9J-5.006(3)(b)l, 915.019(3Xd)
The three proposed Future Land Use amendments, which include Cypress Bend Subdivision Ord, # 0-
05-02 (46 acres), Cross Creek Subdivision Ord. #0-05-05 (26 acres), and The Hammocks Ord. #0-05-
08 (40 acres), would change the designated land use from County low density land uses'of generally
one unit per acre or less, to City Low Residential designation up to five units per acre.
OBJECTION:
• The City does not provide a cumulative traffic impact analysis, based on the maximum potential
development, to address impacts this proposed amendment would have on the current and future
roadway network, including I-95, a Florida Strategic Intermodal System (SIS) facility.
J DISCUSSION:
z
q Data and analysis necessary to support staff's determination that traffic impacts would not adversely
affect the current and future roadway network levels of service was not provided.
An analysis of the long-term impacts of the proposed changes in land use on the surrounding roadway
network, including the I-95/CR-512 interchange, is necessary to ensure that future transportation needs
can be met.
Land development activity of a low density nature has been increasing both in Sebastian and in
Fellesmere over the last few years. If this trend continues; sprawl -like growth patterns with no
significant trip attractors in the area point to a likelihood that I-95 and US 1 will be heavily relied upon
v to reach commercial activity centers some distance away, and therefore the need to address potential
future impacts to the 'SIS and the regional roadway network as a result.
N RECOMMENDATIONS:
The City should provide a comprehensive and complete transportation analysis, based on the
maximum allowable land uses, to identify peak hour, peak direction level of service impacts, with and
without the proposed amendment. This transportation analysis should address short- and long-range
impacts to I-95, including the I-95/CR 512 interchange, and how the City will mitigate identified
impacts to the roadway network. .
0
•
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMEENDATIONS & COMMENTS
RESPONSIBLE DIVISION/BUREAU: Planning Department
NAME OF LOCAL GOVERNMENT: City of Sebastian
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 2/15/05
DATE MEMORANDUM RECEIVED FROM DCA: 2/18/05
REQUIRED RETURN DATE FOR COMMENTS: 3/18/05
ELEMENT: Various annexed parcels
Future Land Use Element
DCA Amendment # 05-1
RULE DEFICIENCY: 9J -5,005(2)(a) 9J -5.006(2)(a) 91-5.006(3)(b)l
9J -5,019(3)(d)
RECOMMENDATION continued:
This is an. opportune time for the City to analyze its remaining annexation area for traffic impacts to
the STS because of the ongoing PD&E Study being conducted by the Department under FM# 413064-
1. The project manager is Nick Danu who can be reached at (954) 777-4324.
REVIEWED BY:
REVIEWED BY,
Lasu Hymowitz, AICP PHONE: 954-777-4490
Nancy Ziegler PHONE: 954-777-4490
0
C,
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISION/BUREAU: Planning _D partment
NAME OF LOCAL GO City of Sebastian
DATE PLAN RECEIVED FROM LOCAL GO 2/15/05 .
DATE MEMORANDUM RECEIVED FROM DCA: .2/18/05
REQUIRED RETURN DATE FOIr . COMMENTS: 3/18/05
ELEMENT: Various annexed parcels
Future Land Use Map
DCA Amendment 05-1
RULE DEFICIENCY: 9J -5.005(2)(a) 9J -5.006(2)(a) , 9J -5.019(3)(c)
The three proposed Future Land Use amendments, which include Cypress -Bend Subdivision Ord. # 0-
05-02 (46 acres), Cross Creek Subdivision Ord. #0-05-05 (26 acres), and The Hammocks Ord. #0-05-
08 (40 acres), would change the designated land use from County low density land uses of generally
one unit per acre or less, to City Low Residential designation up to five units per acre.
OBJECTION:
The City does not address traffic impacts this proposed amendment would have on the designated
evacuation routes, including I-95, a Florida Strategic Intermodal System (SIS) facility.
DISCUSSION:
The City did not provide the data and analysis in support of staff's determination that traffic impacts of
the proposed amendment would not adversely impact the current roadway network. Impacts of the
potential additional trips utilizing the evacuation routes should be addressed.
RECOMMENDATIONS:
The City should. provide. an analysis of the adequacy of.the existing and projected transportation
system to evacuate the coastal population prior to an. impending disaster.
REVIEWED BY:
Lanny Hymowitz, AICD
PHONE:
954-777-4490
REVIEWED BY: ,
Nancy Ziegler
PHONE:
954-777-4490
TRE_ ASLT--:COAS_T�REOI�NA; I:AN_N:ING:..GO.UN
.. 1 c�ij- - -. — •_yam .�
F.J .:
- - E -ACHE- `S``T': LU"CIE
IN'D_I A N RIVER
- `T I .N --- T A I. M B - -- -- ,- --- -- --
March 18, 2005
Mr. Charles Gauthier
Chief
Bureau of Local Planning '
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: City of Sebastian Comprehensive Plan
Draft Amendments — DCA Reference No. 05-1
• Dear Mr. Gauthier:
•
MAR 2 1 2005
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 of our report as approved by Council at its regular
meeting on March 18, 2005 pursuant to Section 163.3184, Florida Statittes.
If you have any questions, please feel free to call me.
Sincerely,
�Y
Terry L. ess, AICP
Deputy Director
TLH:sh
Enclosure
"Bringing C. o. m, m. it. nities Together" • Est - 1976
301 East Ocean Boulevard - Suite 300 . Stuart, Florida 34994
Phone (772) 221-4161 - SC 269-4160 - Fax (7.72) 221-4067 - E-mail - admio(altcrpc.ore
•
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ITEM 5J
From: Staff
Date: March 18, 2005 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Sebastian Comprehensive Plan
DCA Reference No. 05-1
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
• Chapter 163, Florida -Statcttes,. 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 DCA to prepare an ORC Report, then
Council must provide 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 has proposed three amendments to the Future Land Use Map (FLUM) of
the City's comprehensive Plan. The City has requested that the DCA undertake a formal review
of the amendments. The FLUM amendments are summarized in Table 1 and their locations are
shown on the attached maps.
Evaluation
Each of the subject properties is in the process of being annexed by the City. All are within the
County established urban service boundary.
0
•
Table'1
Proposed Amendments to the Future Land Use Map
City of Sebastian Comprehensive Plan, DCA Refff 05-1
?amendment
Approx.
Current FLU'M
Proposed FLUM
Approximate Location
\umber/Ni ame
Acreage
Designation
Designation
1. 05-02 Cypress Bend
46.1
* Conservation
LDR
West of Gardenia Street and
Subdivision
(C-3)
Dolphin Avenue
2. 05-05 Cross Creek
25.6
* Residential
LDR
Nest side of Powerline Road,
Addition
south of Barber Street, and
north of CR -510
3. 05-08 The Hammocks
40.2
* Residential
LDR
East of CR510 and the
Sebastian River High School,
west of south prong of the St.
Sebastian River
Total
111.9
* County FLUM designation.
• Legetid to FLUA l Desi.,-fiatiotis
C-3 (Conservation) — maximum one dwelling units per 2.5 acres
Residential — Maximum One Dwelling unit per acre
LDR — Low Density Residential, maximum 5 dwelling units per acre
1. Amendment 05-02 (Cypress Bend Subdivision) — this 46.1 acre parcel is along the east
bank of the St. Sebastian River, which is identified in the Strategic Regional Policy Plan
(SRPP) as a resource of regional significance and is also designated by the State of
Florida as an aquatic preserve. The property was previously used as a citrus grove, but
the grove is no longer productive. The proposed use is as a gated, residential subdivision.
The current FLUM designation under the County Plan is Conservation (C-3) which
allows a maximum of 1 unit per 2.5 acres. The proposed. designation under the City Plan
is Low Density Residential (LDR) which allows a maximum of 5 dwelling units per acre.
Existing land uses on surrounding properties include a Boy Scout Camp to the north,
single-family residential units to the south and east, and the St. Sebastian River and
Buffer Preserve to the west. The surrounding FLUM designations are C-3 to the north,
LDR to the south and east and Public, a County designation, to the west.
Access to this new subdivision will be limited to Gardenia Street at the southeast
quadrant of the property. The developer will be required to reconstruct Gardenia Street
as a complete, two-lane roadway. The City indicates that this will improve access for the
surrounding neighborhoods. The City indicates that they will require conservation
easements and preservation measures in order to provide protection to the
•
environmentally sensitive lands along the river. The City anticipates no adverse impacts
on existing levels of service, including roadways. The City considers the proposed
amendments to be compatible with uses on adjoining properties and with the
conservation of sensitive environmental lands.
2. Amendment 05-05 (Cross Creek Addition) — this 25.6 acre property is located at the
southeast boundary of the City. The property was previously used for agricultural
purposes and is currently vacant. The proposed use is for the extension of an existing
subdivision. The current FLUM designation under the County Plan is Residential (R),
which allows a maximum of 1 dwelling unit per acre. The proposed FLUM designation
is LDR.
Existing uses on surrounding lands are single family residential units and vacant lands to
the north and east, vacant land to the south and residential and vacant land to the west.
Surrounding FLUM designations are LDR to the north, east and west, and R to the south.
The property is to become Phase II of the Cross Creek subdivision. The City indicates
that infrastructure improvements to be required of the developer will enhance the area.
Amendment materials suggest that development will occur at a density of slightly over
the one dwelling unit per acre.
3. Amendment 05-8 (The Hammocks) — this 40.2 acre parcel is located to the west of the St.
• Sebastian River.and. just south of the- intersection of CR510 and -CR512.- The property
was previously used for agricultural purposes and is currently vacant. The proposed use
is as a residential subdivision. The current FLUM designation under the County plan is
R; and the proposed City designation is LDR.
Existing uses on surrounding lands are single family residential and vacant lands to the
north and west, and vacant lands to the east and south. FLUM designations on
surrounding lands include LDR to the north and west and Low Density Residential (L-1)
to the east and south.
The City indicates that the County previously initiated a joint planning process for this
area-. The purpose of this process, which included the County, the City, the Sebastian
Water Control District, and the landowners ,as participants, was to identify necessary
public infrastructure. The result was an agreed upon public road and sidewalk network
that would connect residential areas with the schools and commercial areas.
Extraiurisdictional Impacts
Letters were sent to Indian River County, the Indian River County School District and the Indian
River Metropolitan Planning Organization seeking comments regarding the compatibility of
these amendments with existing plans.
r�
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.
Objections Recommendations for Modification and Comments
A. Objections
1, None
B. Comments
Amendment 05-2 CCYeess
1. The western boundary of the property is the St. Sebastian River, a Florida designated
aquatic preserve and a significant regional resource identified in the SRPP. The City
indicates they will require conservation easements and preservation measures in order
to provide protection to the environmentally sensitive lands along the river.
Consistent with SRPP Policies 6.5.1.3 and 6.6.1.3, a natural vegetated buffer should
be maintained for a maximum practical distance back from commonly recognized
waterway banks. The buffer zone may consist of preserved or planted vegetation but
• should include native species only.
Recommendation
Council should adopt the above comments and approve their transmittal to the Department of
Community Affairs.
Attachment
0
�Ue b
F
ILP
• STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
)EB BUSH THADDEUS L. COHEN, AIA
Secretary
Governor
April 18, 2005
The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mayor McCollum:
The Department of Community Affairs has completed its review of the proposed
Comprehensive Plan Amendment for the City of Sebastian (DCA No. 05-1), which was received
on January 31, 2005. 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 (OR C) Report
which outlines our findings concerning the comprehensive plan amendment. The Department has
raised objections on the adequate provision of services, to include transportation and public
facilities analysis and site suitability.
If you have any questions, please call Roger A. Wilburn, Principal Planner, or Jamie
Coker, Planner, at (850) 922-1816.
Sincerely yours,
0
Charles Gauthier, AICP
Chief of Comprehensive Planning
CG/jcs
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Tracy Hass, Director of Growth Management, City of Sebastian
Michaeal 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: h[tp_//Lv%v),v.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICECOMMUNITY PIANNING EMERGENCY MANAGEMENT HOUSING R COMMUNITY DEVELOP•MFNT
279G Overseas I IighwaY, Suite 212 1555 Slwmard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Mar.tthnn, FL 33050-2227 Tallahassee, FL 32399.2100 Tallahassee, FL 32799.2100 Tallahawee, FL 32399.2100
x10517X9.7-107 (1150)488.2356 (850141.1-9989 (1150)4811-7956
0
INTRODUCTION
The following objections, recommendations and comments are based upon the
Department's review of the City of Sebastian 05-1 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 mayibe 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 and corrected when the
amendment is resubmitted for our compliance review. Objections that 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 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.
•
TRANSMITTAL PROCEDURES
Upon receipt of this report, 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 comprehensive plan amendments is outlined in s. 163.3184, Florida
Statutes, and Rule 9J-11.011, Florida Administrative Code.
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 amendment;
A copy of the adoption ordinance;
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
q P
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 amendment, and pursuant to
Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to
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 bepartment when you transmit your adopted amendment package for
compliance review. In the event no names, addresses are provided, please provide this
information as well. For efficiency, we encourage that the information sheet be provided in
electronic format.
C7
•
•
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE
CITY OF SEBASTIAN
AMENDMENT 05-1
April 18, 2005
Division of Community Planning
Office of Comprehensive Planning
This report is prepared pursuant fo Rule 9J-11.010, F.A.C.
•
•
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
City of Sebastian
PROPOSED AMENDMENT DCA #05-1
I. CONSISTENCY WITH CHAPTER 163, F.S., AND RULES 9J-5 & 9J-11, F.A.0
The Department has completed its review of the proposed amendment to the City of Sebastian
Comprehensive Plan. The City of Sebastian amendment 05-1 contains three Future Land Use
Map (FLUM) amendments. The Department has raised objections on the adequate provision of
services, to include transportation and public facilities analysis and site suitability.
ORC OBJECTIONS & RECOMMENDATIONS:
05-02 (Cypress Bend Subdivision) — pending annexation, approximately 46.1 acres changing
from County C-3 (Conservation —1 du/2.5ac) to City LDR (Low Density Residential - 5du/ac). WMDRA-mN
2) 05-05 (Cross Creek Addition) — pending annexation, approximately 25.55 acres changing
from County R (Rural Residential - 1 du/ac) to City LDR (Low Density Residential — 5du/ac).
05-08 (The Hammocks) — pending annexation, approximately 40.224 acres changing from
County R (Rural Residential — ldu/ac) to City LDR (Low Density Residential — 5du/ac). DEieO
1) Obiection to amendments 1-3
Impact Anal- The supporting data and analysis does not demonstrate that the amendments
will be served by adequate public facilities, to include water, sewer and transportation facilities,
to maintain the adopted LOS standards through the five-year and long range planning periods
based upon the maximum extent of potential development allowed.
[Rule 9J-5.005 (2)(a), Rule 9J-5.006 (2)(a) and (3)(b)l, Rule 9J-5.011 (1)(f), F.A.C., and Section
163.3177 (3)(a)3 and (6)(c), F.S.]
Recommendation to amendments 1-3
Impact Analysis - Provide verification from the City of Sebastian and/ or the Indian River
County Utility Services that sufficient water and sewer capacity exists to serve the sites based on
the maximum allowable densities and intensities for the land use category. The analysis for the
five-year and long range planning periods should include a forecast of background growth,.
_
including committed projects, and the additional density/intensity allowed by the amendments.
y
Provide an assessment of H—ow—tRe amendments will affect the CUP and give the status of any
CUP modification application. Also, indicate the proximity of the collection system and the
E
extent to which it must be expanded to serve the sites.
Q�J
Demonstrate availability of adequate roadways by providing data and analysis through the use of
'L
peak hour / peak direction traffic impact data, based on the maximum allowable densities and
�y
intensities for the land use category. Provide data that the adopted LOS standard will be
maintained through the five-year planning period Also, the analysis should include impacts to I-
95 / CR -512 interchange and any impacts to evacuation routes. Please include data indicating the
y+�e
current and projected demands on roadways based on projected growth and programmed funding.
Y
VA
lof 2
• 2 Ob'ection to amendment 1 C ress Bend Subdivision WI t?+I>RAWtJ
The supporting data and analysis raises questions as to the suitability of the site due to
environmentally sensitive and protected lands. The western edge of the property is adjacent to the
southernend of the St. Sebastian River. The amendment package states that the development
plan will require conservation easements and preservation measures to ensure compliance with
protection of areas of critical State concern.
[Rule 9J-5.013 (3), F.A.C., and Section 163.3177 (6)(d), F.S.]
Recommendation to amendment 1 (Cypress Bend Subdivision)
Provide information as to the extent of sensitive and protected lands located on site in terms of
acreage and a detailed map. Also, identify the type of sensitive and protected lands on site.
Additionally, discuss how the development plan will ensure a conservation easement or other
preservation measures will protect the sensitive areas or areas of critical State concern. The City
should consider a clustering approach to development of this site to avoid impacts to onsite
resources.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The supporting data and analysis does not demonstrate the amendments are consistent with the
goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes:
• Goal, 15(a) Land Use, Policies 15(b)6 and Goal 19(a) Transportation,. Policies 19(b)3 and 13.
RECOMMENDATION:
•
Revise the amendments as previously recommended.
2of 2
St. ohnsRiver
• 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 3 �i•S
On the Internet at www.sjrwmd.c0m.
March 16, 2005
D. Ray Eubanks, Administrator
Plan Review and Processing
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: Proposed Comprehensive Plan Amendment
DCA Amendment # Sebastian 05-1
Dear Mr. Eubanks:
St. Johns River Water Management District (District) staff have reviewed the above -referenced proposed
comprehensive plan amendment. The proposed amendment consists of three changes to the City of Sebastian's
future land use map. The District staff review focuses on water supply 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. District staff comments are provided below.
• The submittal package identified Indian River County Utilities as the utility service provider for areas subject to
the map changes. District water use compliance staff indicate that the growth rate in the utility's service area is
greater than the growth rate provided for in the utility's District -issued consumptive use permit (CUP). The
utility's consultant has informed District water use compliance staff that an application for a CUP modification
will:be.submitted. Thus, before adopting this amendment, City staff should coordinate with the utility service
provider to ensure that the anticipated increase in population growth and water demand from the areas subject to
0 -
the map changes are accounted for in the application for a CUP modification.
We appreciate the opportunity to provide comments. If you have any questions, please contact District Policyo�v
Analyst Peter Brown at (386) 329-431 I/Suncom 860-4311 or pbrown@sjnvmd.com. r7
Ve
Sincerely,
1(4,1' i-0-1,
Linda Burnette, Director
Office of Communications and Governmental Affairs
cc: Tracy Hass, City of Sebastian
Erik Olson, Indian River County Utilities
Michael Busha, TCRPC
Lindy McDowell, FDEP
Jeff Cole, SJRWMD
Marguerita Engel, SJRWMD
Phil Fairbank, SJRWMD
GOVERNING BOARD
Omeirias D. Long. CHAIRMAN David G. Graham, VICE GW RIAAN
APOPKA JACxSONVILLE
-R. Clay Albright, SECRETARY 'Duane Ottenstroer, TREASURER
OCALA JACKSONVILLE
W. Michael Branch John G. Sowinski William Ken
FERNAPKYNABEACH ORLANDO XIELeOURNE BEACH
Ann T. Moore Susan N. Hughes
-BUNNEU - - - .ACCSONVILLE
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF HISTORICAL RESOURCES
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
L:MAR 1 - 2005
DGF
Plan & DFII Pr
ocessino j
February 25, 2005
Re: Historic Preservation Review of the Sebastian (05-1) 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 three proposed amendments to the Future Land Use Map to consider the potential effects of
these actions on historic resources. While our cursory review suggests that the proposed changes may
have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed
revisions will not have an adverse effect on significant archaeological or historic resources in the City of
Sebastian.
We do have some concerns about the Cypress Bend Subdivision (Parcel #1) and The Hammocks (Parcel
#3). Although these tracts do not contain any sites listed in the Florida Master Site File or the National
V 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. Both parcels appear to have at least
OG 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 fifty years of age or older 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, Director
0
el -
500 S. Bronouah Street • Tallahassee FL 2 -
b 3 399 0250 http:/hvivw.flheritage.com
❑ Director's Office ❑ Archaeological Research ✓ Historic Preservation ❑ Historical Museums
(850) 245-6300 • FAX: 245-6436 (850) 245-6444 • FAX: 245-6436 (850) 245-6333 • FAX: 245-6437 (850) 245-6400 • FAX: 245-6433
❑ Southeast Regional Office ❑ Northeast Regional Office ❑ CentraI Florida Regional Office
(95.4) 467-4990 - FAX: 467-4991 (904) 82-:-5045 • FAX: 825-5044 (813) 272-3843 • FAX: 272-2340
���t�Faci i�tar
OL
FLORI A
Jeb Bush
Governor
Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard, MS 47
Tallahassee, Florida 32399-3000
March 15, 2005
Mr. Ray Eubanks
Florida Department of Community Affairs
Plan Review and DRI Processing Team
2555 Shumard Oak Boulevard
Tallahassee, Florida 3 23 99-2100
Colleen M. Castille
Secretary
O
RE: City of Sebastian, 05-1, Comprehensive Plan Amendment ORC Review
Dear Mr. Eubanks:
The Office .of Intergovernmental Programs .of the Florida Department :of Envirornnental
Protection (FDEP) has reviewed the above -referenced amendment proposal under the procedures
• of Chapter 163, Florida Statutes,.and .Chapters 9J-5 and 9J-11, Florida Administrative Code, .and
we have the following comments and suggestions:
Ordinance 0-0542 C�`jPQ�S ��>Ctutm4'eA'"^I�
The .proposed amendment would .change .the .land .use .designation .on .a 46 .acre .parcel
from Indian River County C-3 (Conservation, 1 du/2.5 acres) to Sebastian Low Density
Residential (up to 5 du/acre). Water and sewer will be available.
Comments:
The western :edge .of the :parcel is adjacent .to..the south prong of .the .St...Sebastian River.
This portion of the river is part of the St. Sebastian River Preserve State Park, a 36,600 acre
preserve. The preserve consists predominately of mesic flattivoods with smaller areas of
depression marsh, basin swamp, strand swamp. bottomland forests, scrubby flatwoods, scrub and
sandhill. The preserve was originally intended to protect the St. Sebastian River but its role has
expanded to include protection and access to large areas of high quality uplands. The only
wetlands appear .to be adjacent to the river. The .predominate soils underlying the parcel are
generally poorly drained Oldsmar and Immokalee 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.
isAccor -ding to the .best data -available .to .the Department, the parcel lies in an area _of high
recharge to the Surficial Aquifer (180-199 on the DRASTIC Index). Surface land uses and
"More Protection, Less Process"
• -Ray.Eubanks
March 15, 2005
Page 2
activities in -this area -can haue.direct impacts :to.grounchvater_ Under.section.62-4.0..31.0(1)(h),
FA.C., the Department's review of all programs, rules, and plans seeks to "protect aquifers from
depletion through water conservation and preservation of the functions of high recharge areas."
Recommendations:
Development.of.this parcel 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 %Aillbean issue .of.concern. The Department
recommends that the applicant consider a full range of planning strategies to minimize impacts to
ground water. and nearby wetlands .by limiting impervious surfaces.ayad .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 should. be. designed to maintain the
natural predevelopment hydro—period and water quality, as well as to protect the natural
functions. ofthe .adjacent wetlands, Prior to final izinginfrastructure .devzlopmentplans 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, E.A.C. Wetlands within the parcel should be designated "Conservation" to prevent
encroachment after initial construction, even if -surrounding land-use-designatioirs are later
amended.
Thank you for.the.opportunity.to.comment on this proposal. IfImay .be.offurther
assistance, please call me at (850) 245-2172.
/ser
0
Sincerely,
SES,
Suzanne E. Ray
Environmental Specialist
Office of Intergovernmental Programs
•
•
JEB BUSH
GOVERNOR
�g� - AV
Florida Department of Transportation
DIRECTOR OF TRANSPORTATION DEVELOPMENT—DISTRICT 4
3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421
Telephone: (954) 777-4411 Fax: (954) 777-4197
Internet Email: Aerrv.oreilly6i1dotstate.fl.us
Toll Free: 1-866-336-8435
March 18, 2005
Mr. Ray Eubanks, Community Program Administrator $ ECE1.
Plan Review and DRI Processing Team
Department of Community Affairs EMAR725 2005
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
' Plant ^f�RClnn
Dear Mr. Eubanks:
SUBJECT: Proposed Comprehensive Plan Amendments ORC Review
Local Government: City of Sebastian
DCA Amendment # 05-1
JOSP, ABREU
SECRETARY
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.
GO:I;H
Enclosure
cc: B. Romig, FDOT Central Office
R Wilburn, DCA
N. Ziegler, FDOT 4
L. Hymowitz, FDOT 4
File: 4270.20
Sincerely,
Gerry O'Reilly, P.E.
Director of Transportation Development
District Four
www.dot.state.fl.us
0 RECYCLED PAPER
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISION/BUREAU: Planning _pe artment
NAME OF LOCAL GO City of Sebastian
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT- 2/15/05
DATE MEMORANDUM RECEIVED FROM DCA: 2/18105
REQUIRED RETURN DATE FOR COMMENTS: 3/18/05
ELEMEI�IT: Various annexed parcels
Future Land Use Element
DCA Amendment # 05-1
RULE DEFICIENCY: 9J -5.005(2)(a), 9J -5.006(2)(a), 9J 5.006(3)(b)l, 9J-5.019(3xd)
The three proposed Future Land Use amendments, which include Cypress Bend Subdivision Ord. # 0-
05-02 (46 acres), Cross Creek Subdivision Ord. 40-05-05 (26 acres), and The Hammocks Ord. #0-05-
08 (40 acres), would change the designated land use from County low density land uses of generally
one unit per acre or less, to City Low Residential designation up to five units per acre.
OBJECTION:
• The City does not provide a cumulative traffic impact analysis, based on the maximum potential
development, to address impacts this proposed amendment would have on the current and future
roadway network, including I-95, a Florida Strategic Intermodal System (SIS) facility.
DISCUSSION:
z
Q Data and analysis necessary to support staff s determination that traffic impacts would not adversely
affect the current and future roadway network levels of service was not provided.
An analysis of the long-term impacts of the proposed changes in land use on the surrounding roadway
network, including the I-95/CR-512 interchange, is necessary to ensure that future transportation needs
can be met.
Land development activity of a low density nature has been increasing both in Sebastian and in
Fellesmere over the last few years. If this trend continues; sprawl -like growth patterns with no
significant trip attractors in the area point to a likelihood that I-95 and US I will be heavily relied upon
v to reach commercial activity centers some distance away, and therefore the need to address potential
future impacts to the SIS and the regional roadway network as a result.
N RECOMMENDATIONS:
The City should provide a comprehensive and complete transportation analysis, based on the
maximum allowable land uses, to identify peak hour, peak direction level of service impacts, with and
without the proposed amendment. This transportation analysis should address short- and long-range
impacts to I-95, including the I-95/CR-512 interchange, and how the City will mitigate identified
impacts to the roadway network.
•
•
•
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISION/BUREAU: Planning Department
NAME OF LOCAL GOVERNMENT: Ci
tY of Sebastian
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 2/15/05
DATE MEMORANDUM RECEIVED FROM DCA: 2/18/05
REQUIRED RETURN DATE FOR COMMENTS: 3/18/05
ELEMENT: Various annexed parcels
Future Land Use Element
DCA Amendment # 05-1
RULE DEFICIENCY: 9J -5,005(2)(a) 93-5.006(2)(a) 9J-5,006(3)(b)I
93-5.019(3)(d)
RECOMMENDATION continued:
This is an opportune time for the City to analyze its remaining annexation area for traffic impacts to
the SIS because of the ongoing PD&E Study being conducted by the Department under FM# 413064-
1. The project manager is Dick Danu who can be reached at (954) 777-4324.
REVIEWED BY
REVIEWED BY:,
Larry HymowitA AICP
Nangy Ziegler
PHONE: 954-777-4490
PHONE: 954-777-4490
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMM"ATIONS & COMMENTS
RESPONSIBLE DIVISION/BUREAU: Planning Department
NAME OF LOCAL GO City of Sebastian
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 2/15/05.
DATE MEMORANDUM RECEIVED FROM DCA: .2/18/05
REQUIRED RETURN DATE FOR COMMENTS: 3/18/05
ELEMENT:
RULE DEFICIENCY
Various annexed parcels
Future Land Use Map
DCA Amendment 05-1
9J -5.005(2)(a) 9J -5.006(2)(a) 9J -5.019(3)(c)
The three proposed Future Land Use amendments, which include Cypress -Bend Subdivision Ord. # 0-
05-02 (46 acres), Cross Creek Subdivision Ord_ #0-05-05 (26 acres), and The Hammocks Ord. #0-05-
08 (40 acres), would change the designated land use from County low density land uses of generally
one unit per acre or less, to City Low Residential designation up to five units per acre.
j OBJECTION:
The City does not address traffic impacts this proposed amendment would have on the designated
evacuation routes, including I-95, a Florida Strategic Intermodal System (SIS) facility.
DISCUSSION:
The City did not provide the data and analysis in support of staffs determination that traffic impacts of
the proposed amendment would not adversely impact the current roadway network Impacts of the
potential additional trips utilizing the evacuation routes should be addressed.
•
RECOMMENDATIONS:
yj The City should.provide. an analysis of the adequacy ofthe existing and projected transportation
system to evacuate the coastal population prior to an impending disaster.
REVIEWED BY:
LarryHymowitz, AICP
PHONE:
954-777-4490
REVIEWED BY: ,
Nancy Ziegler
PHONE:
954-777-4490
TRE`ASL3RE:=CO S'1`=R_EGIONA�P L_AIV_NING:..GO.UN=CIL
— - - - - _ T -
ITTD.IAN.- RIVER' =M�A:R=`TIN PALM �-BE-ACH x -_--S `r L_U-CI_E -
_ _ -
March 18, 2005
Mr. Charles Gauthier
Chief
Bureau of Local Planning '
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: City of Sebastian Comprehensive Plan
Draft Amendments — DCA Reference No. 05-1
• Dear Mr. Gauthier:
•
5`
MAR 2 1 2005
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 of our report as approved by Council at its regular
meeting on March 18, 2005 pursuant to Section. 163.3184, Florida Statittes.
If you have any questions, please feel free to call me.
Sincerely,
Terry L. ess, AICP
Deputy Director
TLH:sh
Enclosure
"Bringing Communities Togetber" • Est. 1976
3 0 1 East ocean Boulevard - Suite 3 0 0 - Stu art, Florida 3 4 9 9 4
Phone (772) 221-4060 - SC 269-4060 - Fax (772) 221-4067 - E-mail - admin(a.teroe.ory
•
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ITEM 5J
From: Staff
Date: March 18, 2005 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Sebastian Comprehensive Plan
DCA Reference No. 05-1
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 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 DCA to prepare an ORC Report, then
Council must provide 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 has proposed three amendments to the Future Land Use Map (FLUM) of
the City's comprehensive Plan. The City has requested that the DCA undertake a formal review
of the amendments. The FLUM amendments are summarized in Table 1 and their locations are
shown on the attached maps.
Evaluation
Each of the subject properties is in the process of being annexed by the City. All are within the
County established urban service boundary.
0
•
Table 1
Proposed Amendments to the Future Land Use Map
City of Sebastian Comprehensive Plan, DCA Ref# 05-1
Amendment
Approx.
Current FLUII
Proposed FLUiVI
Approximate Location
\umber/i`lame
Acreage
Designation
Designation
1. 05-02 Cypress Bend
46.1
* Conservation
LDR
West of Gardenia Street and
Subdivision
(C-3)
Dolphin Avenue
2. 05-05 Cross Creek
25.6
* Residential
LDR
Nest side of Powerline Road,
Addition
south of Barber Street, and
north of CR -510
3. 05-08 The Hammocks
40.2
* Residential
LDR
East of CR510 and the
Sebastian River High School,
west of south prong of the St.
Sebastian River
Total
111.9
* County FLUM designation.
en to FL. UNI Designations
Le,-, e �
C-3 (Conservation) — maximum one dwelling units per 2.5 acres
Residential — Maximum One Dwelling unit per acre
LDR — Low Density Residential, maximum 5 dwelling units per acre
Amendment 05-02 (Cypress Bend Subdivision) — this 46.1 acre parcel is along the east
bank of the St. Sebastian River, which is identified in the Strategic Regional Policy Plan
(SRPP) as a resource of regional significance and is also designated by the State of
Florida as an aquatic preserve. The property was previously used as a citrus grove, but
the grove is no longer productive. The proposed use is as a gated, residential subdivision.
The current FLUM designation under the County Plan is Conservation (C-3) "vhich
allows a maximum of 1 unit per 2.5 acres. The proposed designation tinder the City Plan
is Low Density Residential (LDR) which allows a maximum of 5 dwelling units per acre.
Existing land uses on surrounding properties include a Boy Scout Camp to the north,
single-family residential units to the south and east, and the St. Sebastian River and
Buffer Preserve to the west. The surrounding FLUM designations are C-3 to the north,
LDR to the south and east and Public, a County designation, to the west.
• Access to this new subdivision will be limited to Gardenia Street at the southeast
quadrant of the property. The developer will be required to reconstruct Gardenia Street
as a complete, two-lane roadway. The City indicates that this will improve access for the
surrounding neighborhoods. The City indicates that they will require conservation
easements and preservation measures in order to provide protection to the
•
environmentally sensitive lands along the river. The City anticipates no adverse impacts
on existing levels of service, including roadways. The City considers the proposed
amendments to be compatible with uses on adjoining properties and with the
conservation of sensitive environmental lands.
2. Amendment 05-05 (Cross Creek Addition) — this 25.6 acre property is located at the
southeast boundary of the City. The property was previously used for agricultural
purposes and is currently vacant. The proposed use is for the extension of an existing
subdivision. The current FLUM designation under the County Plan is Residential (R),
which allows a maximum of 1 dwelling unit per acre. The proposed FLUM designation
is LDR.
Existing uses on surrounding lands are single family residential units and vacant lands to
the north and east, vacant land to the south and residential and vacant land to the west.
Surrounding FLUM designations are LDR to the north, east and west, and R to the south.
The property is to become Phase II of the Cross Creek subdivision. The City indicates
that infrastructure improvements to be required of the developer will enhance the area.
Amendment materials suggest that development will occur at a density of slightly over
the one dwelling unit per acre.
3. Amendment 05-5 (The Hammocks) — this 40.2 acre parcel is located to the west of the St.
Sebastian River and just south of the intersection of CR510 and CR512. The property
was previously used for agricultural purposes and is currently vacant. The proposed use
is as a residential subdivision. The current FLUNI designation under the County plan is
R; and the proposed City designation is LDR.
Existing uses on surrounding lands are single family residential and vacant lands to the
north and west, and vacant lands to the east and south. FLUNI designations on
surrounding lands include LDR to the north and west and Low Density Residential (L-1)
to the east and south.
The City indicates that the County previously initiated a joint planning process for this
area, The purpose of this process, %vhich included the County, the City, the Sebastian
Nater Control District, and the landowners ,as participants, was to identify necessary
public infrastructure. The result was an agreed upon public road and sidewalk network
that would connect residential areas «Vith the schools and commercial areas.
Extraiurisdictional Impacts
Letters were sent to Indian River County, the Indian River County School District and the Indian
River Metropolitan Planning Organization seeking comments regarding the compatibility of
these amendments with existing plans.
•
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.
Objections Recommendations for Modification and Comments
A. Objections
1. None
B. Comments
Amendment 05-2 �C`�P�S
1. The western boundary of the property is the St. Sebastian River, a Florida designated
aquatic preserve and a significant regional resource identified in the SRPP. The City
indicates they will require conservation easements and preservation measures in order
to provide protection to the environmentally sensitive lands along the river.
Consistent with SRPP Policies 6.5.1.3 and 6.6.1.3, a natural vegetated buffer should
be maintained for a maximum practical distance back from commonly recognized
• waterway banks. The buffer zone may consist of preserved or planted vegetation but
should. include native species only.
Recommendation
Council should adopt the above comments and approve their transmittal to the Department of
Community Affairs.
Attachment
0
•
C7
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Ray Eubanks, Plan Processing Administrator
Division of Community Planning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Reference: Response to Objections, Recommendations and Comments
City of Sebastian Amendment 05-1
To Whom It May Concern:
Please be advised the City of Sebastian has adopted a land use amendment, Ordinance 0-05-05
on August 24, 2005. The amendment was adopted without changes from the first reading
(transmittal hearing). A copy of the Objections, Recommendations and Comments (ORC)
Report for Amendment 05-1 is attached.
Ordinance 0-05-02 Cypress Bend was not adopted. The owners voluntarily withdrew their
request for annexation, land use amendment and zoning amendment. A copy of their letter is
included with this transmittal.
Ordinance 0-05-08 The Hammocks was not approved by City Council. Their request for
annexation was denied by City Council on May 25, 2005. Therefore, the land use amendment
was a mute issue.
In response to the comments on Ordinance 0-05-05 Cross Creek Addition, additional information
is attached:
1. An Indian River County map showing the subject property to be within the Urban Service
Area Boundary.
2. St. Johns River Water Management District CUP for the subject property regarding a sand
mine and a subdivision.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
•
•
3. Statement of utility capacity from Indian River County Department of Utility Services.
4. Traffic Impact Statement prepared by MBV Engineering, Inc.
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
CC: Treasure Coast Regional Planning Council
Indian River County Planning Department
St. Johns River Water Management District
Florida Department of Transportation
Florida Department of Environmental Protection
Florida Department of State
Department of Education
City of Vero Beach
City of Fellsmere
IRC Metropolitan Planning Organization
December 15, 2008
4
Land Use Amendment
Ordinance No. 0-08-02
•
•
URBAN SERVICE AREA
BOUNDARY
NORTH INDIAN RIVER COUNTY
2
iere
3
�7 \�A
PROJECT AREA
j
CONCURRENCY MANAGEMENT § 54-3-9.7
final development order shall state the terms of the concurrency reservation, including the
allocation of available capacity, the time frame for the allocation, and other appropriate legal
assurances.
(c) Project deferrals/development moratoriums. If at any time the city's inventory of the
capacity of concurrency facilities indicates that concurrency facilities have dropped below its
adopted level of service standard, the city shall cease to issue development orders for projects
which would impact the deficient facilities or the area impacted by the deficient concurrency
facilities, as defined within this ordinance. Such a suspension or moratorium on the issuance
of development orders shall continue until such time as the adopted level of service standard
is re-established, the comprehensive plan is amended to reflect an acceptable level of service
standard for the facilities in question, or alternative arrangements are made to ensure
capacity will be available, consistent with section 54-3-9.5(e)(1) through (5).
Sec. 54-3-9.7. Adopted level of service standards (LOS).
Level of service standards for those public facilities for which concurrency is required are set
forth below:
Concurrency Facility City of Sebastian Adopted Level of Service Standard
Sanitary Sewer 250 gallons per day per equivalent residential unit
Potable Water 250 gallons per day per equivalent residential unit
Drainage Facilities Water Quality: Post development runoff shall not exceed the
pre -development runoff rate for a 25 -year, . 24-hour storm
event.
Recreation:
Park
Classification
Neighborhood Park
Community Park
Stormwater treatment and disposal facilities shall be de-
signed to meet the design and performance standards estab-
lished in chapter 17-25, FAC, with treatment of the runoff
from the first one inch of rainfall on-site to meet the water
quality standards required by chapter 17-302, FAC.
Acreage of Recreation
Areas /Population
2.5 per 1,000
2.5 per 1,000
• : Solid Waste: 7.52 pounds per day per capita
LDC9:11
0
•
•
§ 54-3-9.7
Roads:
SEBASTIAN LAND DEVELOPMENT CODE
ROADWAY FACILITY
MINIMUM LOS
STANDARD PEAK
HOUR*
State Arterials
U.S. Highway.1 C
County Arterials
CR 512 (Fellsmere Highway)
D
CR 505 (Roseland Road)
D
County Collectors
Indian River Drive
D
Schumman Drive
D
City Collectors
Barber Street (Wimbrow Drive to Schumann Drive) D
Fleming Street (Main Street to CR 512) D
Easy Street (Main Street to Schumann Drive) D
Vocelle Avenue (CR 505 to Fleming) D
Main Street (US 1 to Wimbrow Drive) D
Laconia Street (CR 512 to South City Limit) D
Significant Local Streets Shown on the Major Thoroughfare Plan
Barber Street Extension (Schumann Dr to US 1�—City D
Englar Avenue (Barber St to Schumann Dr) --City D
Wimbrow Drive (Main Street to East CR 512)–City D
Louisiana Avenue (Main Street to CR 512)—City D
Local
All roads not classified as arterials, collectors, or significant
local streets shown on the Major Thoroughfare Plan.
D
*The peak hours shall be the 30th highest hour established by FDOT.
Prior to issuing a development order the city shall review all proposed development to
ensure consistency with adopted LOS standards. No development shall be approved that is
projected to decrease the existing LOS below the adopted standard, unless those are mitigated
by the developer.
Sec. 54-3-9.8. Methodology for determining demands on concurrency facilities.
(a) Roads. In determining demand for available capacity for roads, the following criteria
shall be used:
(1) Residential development. For proposed residential development (except within planned
developments), the following trip generation rates shall be used to calculate the impact
of the proposed development:
LDC9:12
S' v2X/ c//_S / 0/1J
>Je
St. ohms River
.. Nater 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
On the Internet at www.sjrwmd.com.
November 8, 2005
Henry Fischer & Sons, Inc.
10729 U. S. Highway 1
Sebastian, FL 32958
SUBJECT: Permit Number 4-061-51924-3
Cross Creek Subdivision
Dear Sir/Madam:
Enclosed is your permit as authorized by the Governing Board of the St. Johns River Water
Management District on November 8, 2005.
This permit is a legal document and should be kept with your other important documents. The
attached MSSW/Stormwater As -Built Certification Form should be filled in and returned to the
Palatka office within thirty days after the work is completed. By so doing, you will enable us to
schedule a prompt inspection of the permitted activity.
In addition to the MSSW/Stormwater As -Built Certification Form, your permit also contains
conditions which require submittal of additional information. All information submitted as
compliance to permit conditions must be submitted to the Palatka office address.
Permit issuance does not relieve you from the responsibility of obtaining permits from any
federal, state and/or local agencies asserting concurrent jurisdiction for this work.
In the event you sell your property, the permit can be transferred to the new owner, if we are
notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a
valid permit for the new property owner.
Thank you for your cooperation and if this office can be of any further assistance to you, please
do not hesitate to contact us.
Sincerely,
A�P'17A�
Gloria Lewis, Director
Permit Data Services Division
Enclosures: Permit with EN Form(s), if applicable
cc: District Permit File
Agent: Mosby Moia Bowles & Asspcoates
2455 14th Avenue
Vero Beach, FL 32960
GOVERNING BOARD
ometrias D. Long; CHAIRMAN David G. Graham, VICE CHAIRMAN R. Clay Albright SECRETARY Duane ottenstroer, TREASURER
APOPKA JACKSONVILLE JACKSONVILLE
William Kerr Ann T. Moore Susan N. Hughes
W. Leonard Wood John G. Sowinski
FERNANDINA BEACH
ORLANDO MELBOURNE BEACH BUNNELL PONTEVEDRA
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
• Post Office Box 1429
Palatka, Florida 32178-1429
PERMIT NO. 4-061-51924-3 DATE ISSUED: November 8, 2005
PROJECT NAME: Cross Creek Subdivision
A PERMIT AUTHORIZING:
Construction of a surface water management system for a 114.57 -acre single-family residential
subdivision to be known.as Cross Creek Subdivision.
LOCATION:
Section(s): 30 Township(s): 31S Range(s): 39E
Indian River County
ISSUED TO:
Henry Fischer & Sons, Inc.
10729 U. S. Highway 1
Sebastian, FL 32958
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from
permit issuance. Said application, including all plans and specifications attached thereto, is by
reference made a part hereof.
This permit does not convey to permittee any property rights nor any rights of privileges other
than those specified herein, nor relieve the permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed
by permittee hereunder shall remain the property of the permittee.
This permit may be revoked, modified or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes:
PERMIT IS CONDITIONED UPON:
See conditions on attached "Exhibit A", dated November 8, 2005
AUTHORIZED BY: St. Johns River Water Management District
Department of Water Resources Governing Board
C
By: By:
lJ.
Jeff Elledge Kir B. Green III
(Director) (Assi nt Secretary)
"EXHIBIT A"
. CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 4-061-51924-3
HENRY FISCHER & SONS, INC.
DATED NOVEMBER 8, 2005
1. All activities shall be implemented as set forth in the plans, specifications and performance
criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications, shall be kept at the work site of the permitted activity. The complete permit
shall be available for review at the work site upon request by District staff. The permittee
shall require the contractor to review the complete permit prior to commencement of the
activity authorized by this permit.
3.
Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards.
4..
Prior to and during construction, the permittee shall implement and maintain all erosion and
sediment control measures (best management practices) required to retain sediment on-site
and to prevent violations of state water quality standards. All practices. must be in
accordance with the guidelines and specifications in chapter 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water Management (Florida Department
of Environmental Regulation 1988), which are incorporated by reference, unless a project
specific erosion and sediment control plan is approved as part of the permit, in which case
the practices must be in accordance with the plan. If site specific conditions require
additional measures during any phase of construction or operation to prevent erosion or
the
control sediment, beyond those specified in the erosion and sediment control plan,
permittee shall implement additional best management practices as necessary, in
accordance with the specifications in chapter 6 of the Florida Land Development Manual: A
Guide to Sound Land and Water Management (Florida Department of Environmental
Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse
impacts to the water resources.
5.
Stabilization measures shall be initiated for erosion and sediment control on disturbed areas
as soon as practicable in portions of the site where construction activities have temporarily
or permanently ceased, but in no case more than 7 days after the construction activity in
that portion of the site has temporarily or permanently ceased.
6.
At least 48 hours prior to commencement of activity authorized by this permit, the permittee
shall submit to the District a Construction Commencement Notice Form No. 40C-4.900(3)
indicating the actual start date and the expected completion date.
7.
When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an Annual Status
Report Form No. 40C-4.900(4). These forms shall be submitted during June of each year.
8.
For those systems which will be operated or maintained by an entity which will require an
easement or deed restriction in order to provide that entity with the authority necessary to
operate or maintain the system, such easement or deed restriction, together with any other
final operation or maintenance documents as are required by subsections 7.1.1 through
7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be
submitted to the District for approval. Documents meeting the requirements set forth in
these subsections of the Applicant's Handbook will be approved. Deed restrictions,
easements and other operation and maintenance documents which require recordation
either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior
to lot or unit sales within the project served by the system, or upon completion of
• construction of the system, whichever occurs first. For those systems which are proposed to
be maintained by county or municipal entities, final operation and maintenance documents
must be received by the District when maintenance and operation of the system is accepted
by the local governmental entity. Failure to submit the appropriate final documents
referenced in this paragraph will result in the permittee remaining liable for carrying out
maintenance and operation of the permitted system.
9. Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the
permitted use of site infrastructure located within the area served by the portion or phase of
the system. Each phase or independent portion of the system must be completed in
accordance with the permitted plans and permit conditions prior to transfer of responsibility
for operation and maintenance of that phase or portion of the system to local government or
other responsible entity.
10. Within 30 days after completion of construction of the permitted system, or independent
portion of the system, the permittee shall submit a written statement of completion and
certification by a registered professional engineer or other appropriate individual as
authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14)
supplied with this permit. When the completed system differs substantially from the
permitted plans, any substantial deviations shall be noted and explained and two copies of
as -built drawings submitted to the District. Submittal of the completed from shall serve to
notify the District that the system is ready for inspection. The statement of completion and
certification shall be based on on-site observation of construction (conducted by the
registered professional engineer, or other appropriate individual as authorized by law, or
under his or her direct supervision) or review of as -built drawings for the purpose of
determining if the work was completed in compliance with approved plans and
specifications. As -built drawings shall be the permitted drawings revised to reflect any
changes made during construction. Both the original and any revised specifications must be
clearly shown. The plans must be clearly labeled as "as -built" or "record" drawing. All
surveyed dimensions and elevations shall be certified by a registered surveyor. The
following information, at a minimum, shall be verified on the as -built drawings:
1. Dimensions and elevations of all discharge structures including all weirs, slots, gates,
pumps, pipes, and oil and grease skimmers;
2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems
including cleanouts, pipes, connections to control structures, and points of discharge to the
receiving waters;
3. Dimensions, elevations, contours, or cross-sections of all treatment storage areas
sufficient to determine state -storage relationships of the storage area and the permanent
pool depth and volume below the control elevation for normally wet systems, when
appropriate;
4. Dimensions, elevations, contours, final grades, or cross-sections of the system to
determine flow directions and conveyance of runoff to the treatment system;
5. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance
systems utilized to convey off-site runoff around the system;
6. Existing water elevation(s) and the date determined; and Elevation and location of
benchmark(s) for the survey.
11. The operation phase of this permit shall not become effective until the permittee has
complied with the requirements of general condition 9 above, the District determines the
system to be in compliance with the permitted plans, and the entity approved by the District
in accordance with subsections 7.1.1 through 7.1.4 of the Applicant's Handbook:
Management and Storage of Surface Waters, accepts responsibility for operation and
maintenance of the system. The permit may not be transferred to such an approved
operation and maintenance entity until the operation phase of the permit becomes effective.
Following inspection and approval of the permitted system by the District, the permittee shall
request transfer of the permit to the responsible approved operation and maintenance entity,
if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the
Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be
liable for compliance with the terms of the permit.
12. Should any other regulatory agency require changes to the permitted system, the permittee
shall provide written notification to the District of the changes prior implementation so that a
determination can be made whether a permit modification is required.
13. This permit does not eliminate the necessity to obtain any required federal, state, local and
special district authorizations prior to the start of any activity approved by this permit. This
permit does not convey to the permittee or create in the permittee any property right, or any
interest in real property, nor does it authorize any entrance upon or activities on property
which is not owned or controlled by the permittee, or convey any rights or privileges other
than those specified in the permit and chapter 40C-4 or chapter 40C-40, F.A.C.
14. The permittee shall hold and save the District harmless from any and all damages, claims,
or liabilities which may arise by reason of the activities authorized by the permit or any use
• of the permitted systema
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered specifically approved unless a specific condition of this permit or a formal
determination under rule 40C-1.1006, F.A.C., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or
other transfer of ownership or control of the permitted system or the real property at which
the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of rule 40C-1.612, F.A.C. The permittee transferring the permit
shall remain liable for any corrective actions that may be required as a result of any permit
violations prior to such sale, conveyance or other transfer.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification
shall have permission to enter, inspect, sample and test the system to insure conformity with
the plans and specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project site, the
permittee shall immediately notify the District.
19. The permittee shall immediately notify the District in writing of any previously submitted
information that is later discovered to be inaccurate.
20. This permit for construction will expire five years from the date of issuance.
21. At a minimum, all retention and detention storage areas must be excavated to rough grade
prior to building construction or placement of impervious surface within the area to be
served by those facilities. To prevent reduction in storage volume and percolation rates, all
accumulated sediment must be removed from the storage area prior to final grading and stabilization.
22. All wetland areas or water bodies that are outside the specific limits of construction
• authorized by this permit must be protected from erosion, siltation, scouring or excess
turbidity, and dewatering.
23. Prior to construction, the permittee must clearly designate the limits of construction on-site.
The permittee must advise the contractor that any work outside the limits of construction,
including clearing, may be a violation of this permit.
24. The project must be constructed and operated as per the plans received by the District on
September 20, 2005 and as amended on sheet C17 received on September 22, 2005 and
as amended on sheets C10, C11, C12, C18 and C20 received on October 3, 2005.
25. The receiving ditch, located along the extent of the north property boundary, must be
cleared and maintained of debris and vegetation prior to initiating the construction of the
subdivision roadway.
26. The stormwater management system must be inspected by the operation and maintenance
entity once within two years after the completion of construction and every two years
thereafter to insure that the system is functioning as designed and permitted. If a required
inspection reveals that the system is not functioning as designed and permitted, then within
14 days of that inspection the entity shall submit an Exceptions Report on form number 40C-
42.900(6), Exceptions Report for Stormwater Management System Out of Compliance. The
operation and maintenance entity must maintain a record of each required inspection,
including the date of inspection, the name, address, and telephone number of the inspector,
and whether the system was functioning as designed and permitted, and make such record
available for inspection upon request by the District during normal business hours.
r�
Permit
with conditions
1728 --
•
519242
Ste o%ns dyer
... I 9�_O� Water Management. District
Kirby B. Green III, Executive Director, John R. Wehte, Assistant Executive Director
Post 01fice Box 1429 • Palatka, FL 32178-1429 • (386) 329=4500
September 10, 2002
Henry Fischer &. Sons Leasing, Inc.
10729 U. S..Highway 1
Sebastian, FL 32958
SUBJECT: Permit Number 4-061-51924-2
Cross Creek Land Mine Expansion
Dear Sir/Madam:
Enclosed is your permit as authorized by the Governing Board of the St. Johns River Water Management
District on September 10, 2002.
This permit is a legal documenfand should be kept with your other important documents.. The attached
MSSW/StormwaterAs-Built:Certification_ Form'should be filled in and.returned to the Palatka office within.
thirty days after the work is- completed. By so doing, you will enable us to schedule a prompt inspection of .
the permitted activity.
• In addition to the MSSW/Stormwater As -Built Certification Form, your permit also contains conditions
which require submittal.of additional information.*- -All information submitted as.compliance to permit
conditions must be submitted to the Palatka office address.'
Permit issuance does not relieve you from the responsibility of obtaining permits from any federal, state
and/or local agencies asserting concurrent jurisdiction for.this work.
In the event you sell your property, the permit cambe.transferred to'the new owner,.if we are notified. by
you within thirty days of the sale. Please assist us in this matter so.:. as to maintain a valid permit for the
new property owner.
Thank you for your cooperation and if this office can be of any further assistance to you, please do
not hestitate to contact us.
Sincerely,
Gloria Lewis, Director
Permit Data Services Division
•
Enclosures: Permit with EN Form(s), if applicable
cc: District Permit File
GOVERNING BOARD
Duma 0ttenstmv , ctrwwAN Omatrlas D.Io g, macK rurw R. Clay AUght, sEmaw - David G. Graham, TFEwswER
. JAMBOV LLE. .. APOPKA ' .. . EASTLAKEWF1R .-' MOfSONVJLtE
W. Mw" Branch Jeff K Jennings • Wtlliem Kerr - . Arm T. Moore' Catharine A.Walker
PEPWANDNABENCN MArMAND MELBOURNE BEACH . BUNNELL Ar?MKrrrrESPRNGS
Agent: Mosby & Associates
2455 -14th. Avenue
Vero Beach, FL 32960
Consultant: Mosby & Associates
2455 - 14th.Avenue
Vero Beach, FL 32960
ST. JOF;,-4 RIVER WATER MANAGEMENT D.../rR1CT
Post Office' Box 1429
Palatka, Florida 32178.1429
PERMIT NO. 4-061-51924-2 DATE ISSUED: September 10; 2002
PROJECT Cross Creek Land Mine Expansion
A PERMIT AUTHORIZING:
modification of surface:water management system for. the expansion of two existing borrow pits known
as Cross Creek Land Mine and Power.Line Land Mine.
LOCATION:
Section(s): 30
Indian River County
ISSUED TO:*
I.
Township(s): 31S Range(s): 39E
.Henry Fischer& Sons Leasing, Inc.
10729 U.S. Highway I-. .
Sebastian, FL 32958.
Permittee agrees to hold and save the St. Johns River Water ManagementDistrict and -its successors
harmless from any and all. damages, claims, or liabilities which .may arise from permit issuance. Said
application, including all plans and. specifications attached thereto, is by reference made.a part hereof.
This permit does not convey to permittee any property rights nor any rights.of privileges other than those
specified therein, nor relieve the permittee from complying with any law, regulation or requirement
affecting the rights of other bodies or agencies.. All structures and works installed by. permittee
hereunder shall remain the property of the permittee.
This permit may be revoked, modified or transferred at any, time pursuant to,the appropriate provisions of
Chapter 373, Florida Statutes:
PERMIT IS CONDITIONED UPON:
See conditions on attached "Exhibit A dated September 10, 2002
AUTHORIZED BY: St. Johns River Water Management District
D rtmeto r Resources
By:
Jeff Elledge
(Director).
Governing Board
By: ..
y B. Green III
( ssistant Secretary) .
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 4-061-51924-2
HENRY.FISCHER & SONS LEASING, INC.
DATED SEPTEMBER .10, 2002
1. All activities shall be implemented as set forth in the plans, specifications and
performance criteria: as approved by this permit. Any deviation from the permitted
activity and the conditions for undertaking that activity shall constitute a violation of
this permit.
2. This permit or a copy thereof, complete with all conditions, attachments,.exhibits, and
modifications, shall be kept at the work site of the permitted activity. The complete
permit shall be available for review at the work site uponrequest by District staff.
The permittee shall require the contractor to review the complete permit prior to
commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards.
4. Prior to and during construction, the permittee shall implement and maintain all erosion .
and sediment control measures (best management practices) required to retain sediment
• on-site and to prevent violations of state water quality standards. All practices must
be in accordance with the guidelines and specifications in chapter 6 of the Florida Land.
Development, Manual: A Guide to Sound Land and Water Management (Florida Department of.
Environmental Regulation 1988), which are incorporated•by reference, unless a project
specific erosion and sediment control plan is approved as part of the permit, in which
case the practices must be in accordance with the plan. If site specific conditions
require additional. measures during any phase of construction or operation to prevent
erosion or control sediment, beyond those specified in the`erosion and sediment control
plan, the permittee shall implement- additionaI best management practices'as necessary; in
accordance with the specifications in chapter 6 of the Florida Land. Development Manual: A -
Guide to Sound Land and Water Management (Florida Department of. Environmental
1988). The permittee shall correct any erosion or shoaling that:causes adverse impacts
to the water resources.
5. Stabilization measures shall be initiatedlor erosion and sediment control on disturbed
areas as soon as .practicable in portions of the site where construction activities have
temporarily or'permanently ceased, but in no. case more than 7 days after the construction_
activity in that portion of the site has temporarily or permanently ceased.
6. At least -48 hours prior:to'commencement of activity authorized. by,this permit, the
• permittee shall submit to the. District: a Construction Commencement• Notice Form No.
40C-4.900(3) indicating the actual start date and the expected completion -date.
7. When the duration of construction will exceed one year, the permittee shall submit
construction status reports, to the District on an annual basis utilizing an Annual Status -
Report Form No: 40C-4.900(4). These forms shall be submitted:during June'of each year.
8. For those systems which will be operated or maintained by an entity which will require an
easement or deed restriction in order to provide that entity with the authority necessary
to operate or. maintain the system, such easement or deed, restriction, together. with any
other final operation or maintenance documents as are required by, subsections -7.1.1
through 7.1.4 of the Applicant's. Handbook: Management and Storage of Surface Waters,
must be submitted to the District for approval. Documents meeting the requirements -set
forth in these subsections of the Applicant's Handbook will.be approved. Deed
restrictions, easements and other operation and maintenance documents which require
recordation either with the Secretaryof State or. the Clerk .of the Circuit Court must be
so recorded prior to lot or unit sales within the project served by the, system,, or upon
completion of construction of the system, whichever. occurs first. For those systems
which are proposed to be maintained by county or municipal entities, final operation and
maintenance documents must be received by the District when maintenance and operation of
the system is accepted by the local governmental entity. Failure to submit the
appropriate final documents referenced in this paragraph,will result in -the -permittee
remaining liable for carrying out maintenance and operation of the permitted system.
9. Each phase or,independent portion of the permitted system must be.completed In accordance
with the. permitted plans and permit conditions prior to the initiation of the permitted
use of site infrastructure located within the area served by the portion or phase of the
system. Each phase or independent portion of the system must be completed in accordance
with the permitted plans and permit. conditions prior.to transfer of responsibility for
operation and maintenance of that phase or portion of the system to local government or
other responsible entity.
10. Within 30 days -after completion of construction of the permitted system, or independent
portion of the system, the permittee shall submit a written statement of completion and
certification by a registered professional engineer or other appropriate individual as
authorized bylaw, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14)
supplied with: this permit. When the. completed system differs substantially from the
permitted plans, any substantial:deviations shall be noted. and 'explained.and two copies
of as -built drawings submitted to the District: Submittal of the comP leted.from shall
0
serve to notify the District that the system is ready for inspection. The statement of
completion and. certification shall be based on on-site observation of'construction
(conducted by the registered professional engineer :or other appropriate individual as
authorized by law, or under his ocher direct supervision) or review.of as -built drawings
for the.purpose of determining if the work was completed incompliance with approved
plans and specifications.. As -built drawings shall be the permitted drawings revised to
reflect any changes made during construction. Both the original and any revised
specifications must be clearly shown. The plans must be clearly labeled as "as -built" or
"record" drawing. All surveyed dimensions and elevations shall be certified by a
registered surveyor. The following information, att-a minimum, shall be verified on the
as -built drawings:
1. Dimensions and elevations. of all discharge structures including all weirs, slots,
gates, pumps, pipes, and oil and grease skimmers;
2. Locations,, dimensions, and.elevations of all filter, exfiltration; or. underdrain
systems including cleanouts, pipes, connections to control structures, and points of
discharge to the receiving waters;
i3. Dimensions,'elevations, contours; or cross-sections of all treatment storage areas
sufficient to determine state -storage relationships of the storage area and the permanent
pool depth and volume. below the control elevation for normally wet systems, when
appropriate;
4. Dimensions, elevations, contours, final grades, or cross-sections of the system to
determine flow directions and conveyance of runoff to the treatment system;
5. Dimensions, elevations; contours,.final grades, or cross-sections of all conveyance
systems utilized to convey off-site runoff around the system; .
6. Existing water elevation(s) and the date determined; and. Elevation.and locationof
benchmark(s) for the survey.
11.' The operation phase'of this permit shall not become effective until the permittee has
compliedwith the'requirements of general condition 9 above, the District determines the
system to be in compliance with: the permitted plans., and -the -entity approved by the
District.in accordance with subsections 7.1.1 through 7.1.4 of the'Applicant's Handbook:
Management and Storage of. Surface Waters, accepts responsibility for operation and
maintenance of the.system. The -permit may not be transferred to'such an approved
operation andmaintenance entity until the operation phase of the. permit becomes.
effective. Following inspection and approval of the permitted: system by the District,
the permittee shall request transfer of the. permit to the responsible approved operation
and maintenance entity, if 'different from the -permittee. Until the permit is transferred
pursuant to section 7.1 of the Applicant's. Handbook: Management and Storage of Surface
Waters, the permittee shall be liable for compliance with the terms -of the permit: .
12. Should any other regulatory agency require changes to the permitted system, the permittee
shall provide written notification to the District of the changes prior implementation so
that a determination can be made whether.a permit modification is required.
13. This permit does not eliminate the necessity to obtain any required federal, state, local
and special district authorizations prior to the start of any activity approved by.this
-permit: This permit does not convey to the, permittee or.create in the permittee any
property right, or any interestin real property, nor does it authorize any entrance upon
or activities on property which is not owned or'controlled by the permittee, or convey
any rights or privileges other than those specified in the permit and chapter 40C-4 or
chapter 40C-40, F.A.C.
14. The permittee shall hold and save the. District harmless from any and all damages, claims,
or liabilities which may -arise by reason of the activities authorized by the permit or
any use of the permitted. system.
15. Any delineation of the extent of a wetland or other surface water submitted as part of.
the permit application, including plans or other supporting documentation, shall not be -
considered specifically approved 'unless a specific condition of this permit or a formal
determination under section 373.421(2), R'S., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale,
conveyance, or,othertransfer of ownership or.control of the permitted system or the real
property at which the permitted system is located. All transfers of ownership or
transfers of a permit are subject to, the. requirements of section 40C-1.612, F.A.C. The
permittee transferring the permit shall remain liable for any correctiveactions that may
be required as a result of any permit violations prior to such sale, conveyance or other
transfer.
17. Upon reasonable notice to the permittee; District authorized staff with proper
identification shall have permission to enter,, inspect,'sample:and.test the'system to
• : insure conformity with the -plans. and specifications approved by the permit.
i
18. If historical or: archaeological artifacts are discovered.at any time on the project site,
the permittee shall immediately notify the District..
19. The permittee shall immediately notify the District in writing of any previously
submitted information that is later discovered to be inaccurate.
20. This permit for construction will expire five years from the date of issuance.
21. If limestone bedrock is encountered during construction of the retention basins or a
sinkhole or solution cavity forms during construction, construction.of the basin must be
halted immediately and the District must be notified. Remedial action will be required.
22. All wetland areas or water bodies that, are' outside the specific limits of construction
authorized by this permit must be protected from erosion; siltation, scouring 'or excess
turbidity, and dewatering.
23. Prior to construction, the permittee must clearly designate the limits of construction
on-site. The permittee must advise the.contractor-that any work outside the limits of
construction, including clearing, may be a violation of this permit.
24. The project must be'constructed and operated as.per plans received by the
District on August 12,.2002.
25. The stormwater management system shall be inspected by the operation and
maintenance entity once within two years after completion df construction and
every two years.thereafter to insure that.the.system is functioning as designed
and permitted. If a required. inspection reveals that the system is not
functioning as designed. and permitted, then within 14 days -of the inspection
.the entity shall.submit.an Exceptions Report on form number..40C=42.900(6),
Exceptions Report for Stormwater Systems Out of Compliance. The operation and
maintenance entity must maintain.a record of the required inspection, including
the date of.the°inspection, the name, address and telephone number of the
inspector;: and whether the system was' -functioning as-'designed.and permitted,
and. make such record available for inspection upon request by the'District
during normal business hours.
•
•
•
MBVENGINEERING, INC.
CONSULTING ENGINEF-RING
MOIA BOWLES VILLAMIZAR & ASSOCIATES
August 17, 2005
Ms. Jan King VIA Hand Carry
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject: Cross Creek — Phase II
Indian River County, Florida
Engineer's Project Number: 04-408
Dear Ms. King:
We have received a copy of the DCA response letter dated April 18, 2005 and have the
following responses to the two objections raised
1. A copy of the IRC utility capacity availability letter is attached. To the best of our
knowledge, this project will not require a modification to the county's CUP.
2. A copy of the traffic impact study is attached, which shows that there is adequate
capacity on the surrounding road network links to support this project.
As you are aware, the submittal to DCA consisted of three projects in which one was
withdrawn and the other denied. Therefore we believe that the impact of just the subject
project is insignificant and that the provided information should be sufficient to ensure
such. Shhooulldd\you have any questions regarding the above subject, please call.
Bruce A. Moi, P.E.
BAM/jb
cc: Mr. Warren Dill
2455 - 14TH AVENUE VERO BEACH, FLORIDA 32960
rl-�._� I���♦ rin nnnr rte.. /»/\\ -sin '1in� r .��..:1. .__1_. .�.__ial__11--..il_ .__.�-
1
INDIAN RIVER COUNTY
DEPARTMENT OF UTILITY SERVICES
1840 25th Street, Vero Beach, Florida 32960
August 17, 2005
Mr. Bruce Moia
MBV Engineering, Inc.
2455 14th Avenue
Vero Beach, FL 32960
Re: Water and Sewer Availability for
Proposed Cross Creek Phase TT Subdivision
Dear Mr. Moia:
This letter is in response to your inquiry regarding the availability of water and sewer service for the
residential subdivision known as Cross Creek Phase H, Sebastian, Florida. There is water and
sewer service available near the site.
Presently, there is adequate water and sewer capacity available to service the needs of the proposed
development however; this does not guarantee that there will be capacity availability at the time you
are ready to connect. In order to reserve capacity you must pay the appropriate capacity charges.
Should you have any questions, please contact this office at (772) 567-8000 X1 823.
Sin erely,
Gordon E. Sparks, P.E.
Environmental Engineer
GES/ges
Cc: Mike Hotchkiss, PE, Capital Projects Manager
Steven Doyle, PE Assistant Director
F:\Utilities\UTILrrY -CUSTOMER SERVICE\Water, Sewer, Reclaim Letters of Availability\Water & Sewer Availability - Cross Creek Phase
•
TRAFFIC IMPACT STATEMENT
for
CROSS CREEK,
PHASE II
A 25.55 acre Residential Subdivision to be
annexed into the City of Sebastian
Indian River County, Florida
August 2005
Prepared by: MBV Engineering, Inc.
2455 - 14th Avenue
Vero Beach, Florida 32960
(772) 569-0035
0 Engineer's Project No. 04-408
0 I. INTRODUCTION
The purpose of this report is to provide the City of Sebastian with the potential impact of
the land use change proposed as a result of annexing the subject property into the City
limits.
The proposed project is a 25.55 acre tract located on the west side of Powerline Road,
between Barber Street and CR510, with single access to Powerline Road. The property
is proposed to be developed as a single family residential subdivision consisting of
25.55 acres.
The entire 25.55 acre tract currently has a land use density of 1 unit per acre. The
proposed land use is 5 units per acre for the 25.55 acre tract.
This Traffic statement addresses only the addition traffic impact of the proposed
improvements.
II. TRIP GENERATION COMPARISON
Based on the ITE Trip generation, Seventh edition, a summary of the net average trips
(ADT) and PM Peak Hour Trips are as follows (see Appendix A for ITE Trip Rates for
Land Use):
• CURRENT
Average Daily Trips (ADT)
Use Units ADT Total
Single Family 25.55 ac. x 1 unit/ac. 9.57 trips/unit
(Land Use 210) = 25 units = 240 trips
PM Peak Hour Trips (PHT)
Total
1.01 trips/unit x 25 units
= 26 trips
IN OUT
16(64%) 10(36%)
is
•
•
•
PROPOSED
Average Daily Trips (ADT)
Use Units
Single Family 25.55 ac. x 5 unit/ac.
(Land Use 210) = 127 units
PM Peak Hour Trips (PHT)
Total
1.01 trips/unit x 127 units
= 129 trips
IN OUT
82(64%) 47(36%)
COMPARISON TOTALS
Proposed Residential
Current Residential
Difference
PEAK HOUR TRIPS
IN OUT
82 47
16 10
66 37
See Appendix B for peak hour volume distributions.
ADT Total
9.57 trips/unit
= 1216 trips
III. ROADWAY IMPACT
Based on Indian River County
Link Report
with adopted
capacities for
the subject
roadways (see Appendix C), the
impact of the
trip difference is as follows:
Road Segment Direction
Capacity
Current PDS
Vested PDS
Available
1-95 to CR510
CR512 EB
1860
634
144
1082
CR512 WB
1860
723
162
975
CR510 to City Limit
CR512 EB
1860
702
2
1156
CR12 WB
1860
686
12
1162
City Limit to Roseland Road
CR512 EB
1860
706
2
1152
CR512 WB
1860
652
4
1204
CR512 to 66th Avenue
CR510 EB
932
406
275
251
CR510 WB
932
516
375
41
The peak hour trips and the In/Out distribution rates were based on the ITE Trip Generation
Seventh Edition.
• IV. CONCLUSION
Based on the distribution, the proposed trips do not exceed the capacity of any segment in the
County's Traffic System. In addition, the County has anticipated future impacts due to
development in this are and already has approved engineered construction drawings for
widening improvements for CR512 from 1-95 to Roseland Road, which includes intersection
improvements to the CR5121CR510 intersection. The County is also in the PD&E phase of
improvements to CR510, from CR512 to east of US Hwy. 1.
It is our opinion that this satisfies the comprehensive plan amendment objection by adequately
demonstrating that the level of service standard will be maintained and that long term impacts
have been anticipated and addressed by the County's proposed improvements plan.
•
c:
•
APPENDIX A
ITE Trip Rates
Based on Land Use
Single -Family Detached Housing
0 (210)
•
C�
Average Vehicle Trip Ends vs: Dwelling Units
On a: Weekday
Number of Studies: 348
Avg. Number of Dwelling Units: 198
Directional Distribution: 50% entering, 50% exiting
Trip Generation per Dwelling Unit
Average Rate Range of Rates Standard Deviation
9.57 4.31 - 21.85 3.69
Data Plot and Equation
C
W
.2-
0) m
ca
a)
Q
30,000
20,000
10,000
0 1000
X = Number of Dwelling Units
X Actual Data Points Fitted Curve
Fitted Curve Equation: Ln(T) = 0.920 Ln(X) + 2.707
Trip Generation, 6th Edition
2000 3000
------ Average Rate
R2 = 0.96
253 Instituta of Transportation Engineers
X
X
X
X
---------------------•-
-------------------
.,.............
------ - - - - - -
X
;
X X
X
X
;
X
'
0 1000
X = Number of Dwelling Units
X Actual Data Points Fitted Curve
Fitted Curve Equation: Ln(T) = 0.920 Ln(X) + 2.707
Trip Generation, 6th Edition
2000 3000
------ Average Rate
R2 = 0.96
253 Instituta of Transportation Engineers
Single -Family Detached Housing
• (210)
Average Vehicle Trip Ends vs: Dwelling Emits
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Number of Studies: 294
Avg. Number of Dwelling Units: 216
Directional Distribution: 64% entering, 36% exiting
Trin Generation per Dwellinq Emit
Average Rate Range of Rates Standard Deviation
1.01 0.42 - 2.98 1.05
Data Plot and Equation
3,000
z
2,000
1,000
AN
X
X
!-' -- ----- --------
X
X
X X
-----------------
._--- --- - -i _-- - - - - X -
- - --
X
X
X X
:
0
X Actual Data Points
1000 2000
X = Number of Dwelling Units
Fitted Curve
IFitted Curve Equation: Ln(T) = 0.901 Ln(X) + 0.527
Trip Generation, 6th Edition 265
3000
- Average Rate
R2. = 0.91
Institute of Transportation Engineers
•
•
•
APPENDIX B
Peak Hour Volume
Distribution
LEGEND
TRIPS ENTERING
--)P- TRIPS EXITING
9
F
BARBER STREET
Is
17
C.R. 510
17
PEAK HOUR VOLUMES
N.T.S.
MBVENGINEERING, INC. CROSS CREEK JOB NO.
CONSULTING ENGINEERING PHASE II DRN/CHK
MOIA BOWLES VILLAMIZAR & ASSOCIATES PEAK HOUR VOLUMES DATE
CONSULTING ENGINEERS - CA #3728 PHONE (772) 600-0096
2465 - 14TH AVENUE VENO BEACH, FLORIDA 32960 FAX (7M) 779-3en SEBASTIAN, FLORIDA SHEET
9
AUG. 2005
1 OF 1
•
APPENDIX C
Indian River County
Link Report
•
i
I
I
I
C.C CRNT PDS
1,86 1,286
1,961 1,670
1,8611 1,602
1,861 1,034
1,86 1,649
I., 86J 1,074
1,86CI 1,697
1,86C 1,061
1,861 1,398
1,864 1,066
1, 71d
1,310
1,711 1,015
1,86q 1,194
1,86d.i 1,055
11860 1,256
I
1,860 1,022
86f 736
86( 353
861 108
86 174
I/I
8 6e 302
86 343
86 1
307
86d 364
I
651 358
65d 554
634
Ii
1,864 723
i
I
1,960 702
I
1,860 686
I
1,860 706
1, 861 652
1,86 607
1,86 670
VSTTGT
77
55
51
53
69
69
.29
40
13
12.
7
5
4
6
4
8
8
11
2
2
0
1
13
2
45
2
144
162
2
,12
2
e
8
5
AVAIL
497
135
207
773
142
717
134
759
449
782
"393
690
662
799
600
830
116
496
750
684
558
516
540
494
247
94
1,082
975
1,156
1,162
1,152
1,204
1,245
1,185
5/31/2005
i
k� C�etai I IReporf
eky055 -
-inks Detail Report
IsLN
i
' INK' INK DESCRT�T_ION
--
13751.!
J.S. i//49TH STREET//65TH STREET
-
1375S
U.S. 1//49Tk STREET//65TH STREET
138014
U.S. 1//65TH STREET//69TH STREET
1380S
U.S. 1//65TI STREET//69TH STREET
1385N
i
U.S. 1//69Tk STR,EEWOLD DIXIE HWY
1385S
i
U.S. 1//69T� STREET//OLD DIXIE hl,]Y
i
1390N
U.S. 3.//OLJ DIXIE HWAy//SCHUNP.NN DR,
i
i390S
U.5. 1//OLDg DIME H6:Y//SCHUMANN DR
1395N
i
U.S. 1//SCH(1MA11N DP.//C.R. 512
1395S
U.S. 1//SCFIW..NN DR//C.R. 512
140014
I
U.S. 1//C. 512//N. 512//N. SEB CITY L
1400S
U.S. J//C.R!. 5�2//N. SEB CITY L
14G514
U.S. 1//N. SEB CITY L//ROSELAND RD
1405S
J.S_ 1//N. PLEB. CIT'i L//ROSELAND RD
1410N
U.S. 1//ROS;.LAj4D RD//N. COUNTY LINE
14105
U.S. 1//ROSV.LAND RD//N. COUNTY LINE.
1510N
l
SC91JMA.NN Dj/C:R. 510 @ 66TH AVE//S. SEB CITY L
1510S
SCHUMANN DR%/Ci R. 510 @ 66TH AVE//S. SEB CITY L
1520NI
i
SCHUMANN DR�(/S� SEB CIT`f L//U.S. 1
1520S
i
SCHUMANN DR�//S. SEB CITY L//U.S. 1
1610E
ROSELAND RD!V/C R. 512//N. SEB CITY L
161OW
ROSELAND RJ//C' R. 512.//N. SEB CITY L
i
16.20E
ROSELAND RD//N`. SEB CITY L//U.S. 1 -
1620W
I
ROSELAND RD//N. SEB CITY L//U.S_ 1
1710E
C.R. 512//S!-R..60//I-95
i
1710W
C.R. 512//Si.R. 60//1-95
1720E
C.R. 512//I95//C.R. 510
1720W
i
C.R. 512//I795//C.R.. 510
I
1730E
C.R. 512//C;.R.,510//W, SEB CITY L
1730W
C.R. 512//Ci.R.,110//W. SEB CITY L
1740E
C.R. 512//Wl. SEB CITY L//ROSELAND RD
1740W
II 1
C.R: 512//W;. SL,B CITY L//ROSELAND RD -
1750£
C.R. 512//R+SELAND RD//U.3. 1
i
17 5O
i
C.R. 512//ROSELAND RD//U.S. 1
i
FJ'TRAFFIC/GEB/MY DO(PUMENTS/2005/LINK DETAIL REPORT - May 2005
i
I
I
I
C.C CRNT PDS
1,86 1,286
1,961 1,670
1,8611 1,602
1,861 1,034
1,86 1,649
I., 86J 1,074
1,86CI 1,697
1,86C 1,061
1,861 1,398
1,864 1,066
1, 71d
1,310
1,711 1,015
1,86q 1,194
1,86d.i 1,055
11860 1,256
I
1,860 1,022
86f 736
86( 353
861 108
86 174
I/I
8 6e 302
86 343
86 1
307
86d 364
I
651 358
65d 554
634
Ii
1,864 723
i
I
1,960 702
I
1,860 686
I
1,860 706
1, 861 652
1,86 607
1,86 670
VSTTGT
77
55
51
53
69
69
.29
40
13
12.
7
5
4
6
4
8
8
11
2
2
0
1
13
2
45
2
144
162
2
,12
2
e
8
5
AVAIL
497
135
207
773
142
717
134
759
449
782
"393
690
662
799
600
830
116
496
750
684
558
516
540
494
247
94
1,082
975
1,156
1,162
1,152
1,204
1,245
1,185
5/31/2005
5/3112005
ks DetailRport
I '
B5055 -
f
Links Detai� Report
..T
iINK DESCRI�TIDN
CAPACITCRNT
PDS
VSTTOT
AVAIL
1610E
C.R. 510//Ci R.1512//66TH AVE
93
406
275
251
1810W
C.R. 510//C'.R.! 512//66TH AVE
93
516
375
41
1820E
C.R. 510//6YTH!AVE//58TH AVE
86C
374
77
409
1620W
C.R. 510//G,TH'AVE//58TH AVE
86
690
35
135
1830E
C.R. 510//5�TH'AVE//U.s. 1
1,39
502
68
770
1830W
C.R. 510//52TH AVE//U.S. 1
1,341
724
69
547
18840E
C.R. 510//UlS. 1//S.R. A1A.
95C
547
23
380
1840W
C.R. 510//U`:.S. 1//S.R_ A.lA
95
795
130
25
1905E
S.R. 60//W -;COUNTY LINE//C.R. 512
2,20C
202
26
1,972
1905W
S.F.. 69//117.i COUNTY LINE//C. R. 512
2,200
204
21
1,975
1907E
S.R. 60//C.P.. 512//100TH AVE
2,200
i
224
0
1,976
1907W
S.R. 60//C.R• 512//100TH AVE
I
2,20q
215
0
1,985
1910E
S.R. 60//10bTH:AVE//I-95
4,84
268
54
4,518
i
S.R. 63//10 AVE//I-95,
4,84
239
56
4,545
1910W
1915E
S.R. 60//I45/fKND AVE
ir 86C
918
386
556
1915W
I
S.R. 60//I-�5/P82ND AVE
i
1,86
1,059
357
494
1920E
3. R. 60//82�JD AVE//66TH AVE
2,12
1,250
973
397
1920W
i
S.R. 60//82NC T.."E//66TH AVE
i
2,12
1,389
526
210
1925E
s.R. 60//66" AVE//58TH AVE
2,79
1,296
306
1,186
1925W
i
S.R. 60//66TH AVE//58TH AVE
2,790
1,781
317
692
1930E
s.R. 60//58TH AVE//43RD AVE
I
2,790
1,529
186
1,080
1930W
S.R. 60//58!'H AVE//43RD AVE
i
2179
1,628
216
946
1935E
S.R. 60//43RD AVE//27TH AVE
i I
2,79
1,905
157
1,228
1935W
S.R. 60//43RD AVE//27TH AVE
2,79
i
1,571
168
1,051
1940E
S. R. 60//27.fH AVE//20TH AVE
2,794
1,267
I 113
1,410
1940W
s.R. 60//27TH AVE//20TH AVE
2,790
1,326
132
1,332
1945E
S.R. 60//20{rH AVE//OLD DIXIE HWY
3,25
969
49
2,234
1945W
S.R. 60//20�H AVE//OLD DIXIE HWY
3,25a
I
811
56
2,385
1950E
I '
S.R. 60//OLp DIXIE HWY//10TH AVE
3,25
979
20
2,253
1950W
II
S.R. 60//OLp DIXIE HWY//10TH AVE
i
3,25
819
40
2,393
1955E
S.R. 60//10TH AVE//U.S. 1
i
3,25
979
10
2,263
1955W
S.R. 60//l0ITH AVE//U.S. 1
3,25
819
25
2,906
1960E
S.R. 60//U.i. i//INDIAN RIVER BLVD
3,25
469
1
2,787
1960W
I
S.R. 60//U.6. J//INDIAN RIVER BLVD _
I
f
3,25
523
2
2,727
I
F:/TRAFFIC/GEB/MY POCUMENTS12005/LINK DETAIL REPORT - May 2005
G.
i
5/3112005
•
M `` MASTELLER & MOLER, INC.
HNf7
CIVIL ENGINEERS
March 17, 2005
Mr. Tracy Hass
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Cypress Bend Project
Indian River County, Florida
Our File # 0412HA
Dear Tracy:
The Virginia Walker Russell Family Limited Partnership has elected to withdraw the following
applications for the Cypress Bend project from the City of Sebastian:
1. Rezoning Application
2. Annexation Application
3. Comprehensive Land Use Plan Amendment Change Application
• Thankou for our assistance. Y Y If you have any questions, please do not hesitate to contact our
office.
Sincerely yours,
MASTELLER & MOLER, INC.
Earl H. Masteller, PE, DEE
President
EHM/tib
cc: Hugh Russell
Bruce Barkett
File#0412
(sebastian withdraw 031705.doe)
1655 27f Street, Suite 2
Vero Beach, Florida 32960
Phone: (772) 567-5300
Fay (772) 794-1106
E-Mailinastmo1r@bellsouth-net
• •
AN
SEPPAST�t\�IIIVSiGo� 'ji0i.
HOME OF PELICAN ISLAND
1225 Main Street, Sebastian, FL 32958
(772) 589-5330
city@cityofsebastian.org
May 27, 2005
Daniel Hess
Double R&D, Inc.
13465 N. Indian River Drive
Sebastian, FL 32958
RE: The Hammocks Subdivision — Ordinance No. 0-05-07 —
Voluntary Annexation Request for a 40.224 Acre Tract
Dear Mr. Hess:
• At the May 20 Sebastian City Council meeting, a motion to deny your application
for annexation passed with a roll call vote of 4-1. Subsequently no further action
was taken on the rezoning application.
If you should have any questions, please do not hesitate to contact the Growth
Management Director, Trace Hass at (772) 388-8228.
Si ere y,
Sally A. aio, MMC
City Clerk
cc: City Manager
City Attorney
Growth Management Director
0
Regular City Council Meeting
May 25, 2005
Page Eight
Mayor McCollum said he fully supports the impact fee. In response to Mayor
Mccollu , the City Attorney said projected revenues will provide enough to cover
an emplo a to administer the impact fee, and the City will ve recourse
through a " tice of intent" provision for termination of the,agreement.
Mayor McColl said the impact fees can only be used for capital projects not
operating costs. a pointed out that the fees will build schools but cannot pay for
teacher salaries s this partially helps with the increased growth.
In response to Mr. Bu een, the County Administrator reported that the City
would receive 2% of th 3% administrativo,fee. The City Attorney said he was
not overwhelmingly happ with the statement that the City concurs with the
methodology used; but he kd not see, any ultimate harm because there is an
indemnification clauas6,of a lawsuit.
Ms. Coy said we need to be cop rned about affordable housing but not
necessarily single family houses f people just starting out, and said she was
wholeheartedly in support o6he im ct fee.
Mr. Baird said all impact°fees will be re ' wed every other year but the school
board will have an annual review. He sai anyone who has an existing contract
before July 1, 2005�will be exempt from th\viewed
ct fees, as long as they
have a valid cont uact with a cancelled cheby the Community
Devel/illiams
'partment. He said softwaing would be providedto
the Ciounty.
Damiesaid July 1 was not a good date for owner builders and
suggeg first time home buyers by adding a provision for waivers.
Side 11, Tape 11, 9:12 pm
In response to Mayor McCollum, Mr. Baird said the County does not believe it
can exempt any particular group.
On MOTION by Ms. Monier and SECOND by Mr. Burkeen, the interlocal
agreement between Indian River County and the City of Sebastian for impact
fees was approved on a roll call vote of 5-0.
05.017 VB. First Reading Ordinance No. 0-05-07 - Petition for Voluntary Annexation
137-145 for a 40.224 Acre Tract to be Called the Hammocks — Schedule Second Reading
& Public Hearing June 8 2005 (GMD Transmittal 5/16105, 0-05-07, letter, map,
survey. FS171.044)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION OF LAND CONSISTING OF 40.224 ACRES, MORE OR LESS, LOCATED SOUTH
OF SEBASTIAN RIVER LANDINGS PHASE II AND KNOWN AS THE HAMMOCKS
SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR CONFLICT AND EFFECTIVE DATE.
• Mayor McCollum said action on items C and E depend on the action taken on B
and D.
171
r�
Regular City Council Meeting
May 25, 2005
Page Nine
The City Attorney said annexation is the most discretionary matter for Council
consideration because Council is deciding what they are sovereign over,
therefore the decision not to annex is virtually unchallengable. He advised
Council that issues to be determined include whether the annexations would be
good for the City, if state law requirements are met, and reminded density can be
controlled by the restricted covenant. He further advised not to talk about zoning
issues such as site plan matters at this meeting.
The Growth Management Director presented the item, citing its size and location
within the Urban Service Area and adjacent to recently annexed properties. He
noted the street infrastructure is planned by the developers.
The City Attorney read the Ordinance by title.
Lisa Hess presented the request for annexation with a power point presentation,
citing financial pluses for the City from taxes.
Joe Graham, 805 Indian River Drive, Sebastian, said he was worried about what
the County will do when they get hold of the property. He said the County does
not have the vision that he would hope the City has.
Bruce Moia, said Lisa Hess has made an effort to promote responsible growth.
He stated these projects provide for their own roads, drainage and are self -
policing. He said she is willing to go to two units per acre if asked.
Constance Kenney, Sebastian, asked why it is a given that it has to be
developed; and asked if the City can annex the property but keep it as
agricultural.
Damien Gilliams said the project abuts City property, has been in the pipeline, fits
in geographically, and the developer builds first class homes.
Mr. Burkeen asked Ms. Hess why she wants to come into the City if the density is
the same. She said because she loves the City and wants to benefit the City.
Mr. Burkeen asked why she would not build out to 50% and then come into the
City.
Ms. Coy said the City does not have agricultural zoning and said she is against
any annexation until the zoning codes are reviewed. She said she feels that she
is bound by the referendum to honor the voters.
Mr. Neglia said he must have an open mind and asked about adjoining
ownership, access roads and a traffic evacuation study. In response to him, the
City Attorney said there is an access road provided for in the County agreement.
Ms. Hess stated the County probably provided for studies requested by DCA.
0
Regular City Council Meeting
May 25, 2005
Page Ten
Mr. Neglia stated the County should be responsible for this growth affecting
health and welfare of the residents.
Ms. Monier said if the City does not annex they will see no revenues nor will they
have any control over how subdivisions develop, but the development will be
there and schools and roads will be impacted.
Mayor McCollum said a new development would not bring money to the City for
at least three years.
Mayor McCollum stated for the record that if this ordinance fails, the next
ordinance is removed from consideration.
Ms. Monier made a motion to approve Ordinance No. 0-05-07 but it died for a
lack of a second.
On MOTION by Mr. Burkeen and SECOND by Mr. Neglia, motion to deny
Ordinance No. 0-05-07 passed on a roll call vote of 4-1. (Monier — nay)
05.017 C. First Reading Ordinance No. 0-05-09 _- Rezoning Request from
147-163 Agriculture (A-1) to RS -10 for a Proposed 40.224 Acre Subdivision to be Called
0 the Hammocks — Schedule Second Reading & Public Hearing June 8"'. 2005
(GMD Transmittal 5/16/05, 0-05-09, Report, Map, P & Z Recommendation)
05.016 D.
165-174
• Side 11, Tape 11, 10:14 pm
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING
CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS -10) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R ) FOR
LAND CONSISTING OF 40.224 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN
RIVER LANDINGS PHASE II AND KNOWN AS THE HAMMOCKS SUBDIVISION; PROVIDING
FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE.
Removed from consideration by action on the prior item.
Letter, Map, Survey, FS)
AN ORDINANCE OF THE CITY OF SEB IAN, FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION OF LAND CONSIST! OF 5.55 ACRES, MORE OR LESS, LOCATED NEAR
POWERLINE ROAD SOUTH OF B BER ST ET KNOWN AS CROSS CREEK SUBDIVISION
PHASE Il; PROVIDING FOR IN IM LAND US AND ZONING CLASSIFICATION; PROVIDING
FOR CONFLICT; PROVIDIN OR AN EFFECT IVE, DATE.
The City Attorney redd the title and the Growth Management Director
recommended approval, citing road and drainage infrastructure provided by the
developer.
10
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
CHAPTER 1: LAND USE ELEMENT
(reference §9J-5.006(3), F.A.C.)
§1-1 FUTURE LAND USE GOALS, OBJECTIVES AND POLICIES. This section stipulates goals,
objectives, and implementing policies for the Land Use Element pursuant to §163.3177(6)(3), F.S., and
§9J-5.006(3), F.A.C.
GOAL 1-1: LAND USE. .INSURE THAT THE CHARACTER AND LOCATION OF LAND
USES INCORPORATE BEST MANAGEMENT PRACTICES AND PRINCIPLES OF
RESOURCE CONSERVATION, PROMOTE ORDERLY LAND USE TRANSITION, AND
MINIMIZE THREATS TO HEALTH, SAFETY, AND WELFARE WHICH MAY BE
ENGENDERED BY INCOMPATIBLE LAND USES, ENVIRONMENTAL DEGRADATION,
HAZARDS, AND NUISANCES.
OBJECTIVE 1-1.1: PLAN AND DESIGN FOR RESIDENTIAL QUALITY. Sufficient space shall
be provided for residential development and required community facilities to adequately meet the housing
needs of the present and expected future population. Residential development shall be planned and
designed to create and perpetuate stable residential neighborhood and implement policies stipulated
below.
Policy 1-1.1.1: Provide Access to Goods and Services and Protect Residential Areas from the
Adverse Impacts of Transition in Land Use. Stable residential areas and projected future residential
areas as delineated on the Land Use Map shall be protected from encroachment by incompatible
Ocnresidential development. This objective does not preclude necessary community facilities from
ating
within residential areas when such activities satisfy established criteria of this plan and the City's
Land Development Code.
Any potential adverse impacts caused by different land uses located adjacent to each other shall be
minimized by landscaping, including vegetated berms with tree canopy, and other appropriate screening
and buffering techniques. These landscaping techniques shall be incorporated into the design of new or
redeveloping nonresidential projects located adjacent to existing or planned residential development.
Similarly, perimeter landscaping techniques shall be applied in multiple family residential developments
in order to appropriately screen and buffer existing and planned single family home sites from residential
development having differing structure types.
In addition, land development regulations shall incorporate standards and/or review criteria for mandating
retention of open space and for regulating building design, including setbacks, building placement on site,
and building orientation. These provisions shall be directed toward protecting privacy, as well as to light,
air and open space. Other reasonable design principles shall be included in the zoning code in order to
alleviate adverse impacts of potentially incompatible land uses.
Policy 1-1.1.2: Promote Orderly Land Use Transition. Where it is infeasible to separate residential
from nonresidential land uses, buffering shall be required to promote a smooth Iand use transition.
Buffering may take the form of: 1) physical barriers, such as vegetative berms, hedges or other landscape
Mer; walls or fences aesthetically designed for screening purposes; and open space systems with dense
wrtive vegetation and tree canopy; and/or 2) the development of a transitional use between the
Incompatible uses (such as low intensity office development between general retail commercial centers
and residential areas).
Comprehensive Plan Goals, Objectives and Policies
null 1 ioo
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
olicy 1-1.1.3: Promote Orderly Transition in Residential Densities. Highest residential densities
hall continue to be allocated to sites accessible to major thoroughfares or collector streets as identified on
.ne City's Major Thoroughfare Plan (Map H-1) as well as adjacent to existing development with the same
or higher density or less restrictive zoning districts. Residential densities shall be allocated in a manner
compatible with available public services, natural features of land as well as existing and anticipated
future development.
Policy 1-1.1.4: Reinforce and Enhance Appearance of Residential Areas and Provide Amenities.
The City together with the private sector shall consider enhancing preservation of open space for scenic
vistas, especially along transportation corridors and along the Indian River, the Sebastian River,
Schumann Lake, as well as along the Schumann, Elkcam and Collier Creek Waterways or other similar
aesthetic corridors adjacent to transportation facilities. Such enhancement shall include application of
community appearance criteria which reinforces good principles of design.
Policy 1-1.1.5: Encourage Separation of Urban and Rural Land Uses. Although the City contains no
agricultural lands, the land development code shall incorporate performance standards, urban service
availability standards, and other similar incentives and disincentives which encourage a separation of
urban and rural land uses. This is necessary in order to maintain responsive land management policies
along the outer suburban fringe where urban development within the City could potentially impact
unincorporated agricultural lands.
OBJECTIVE 1-1.2: ALLOCATING COMMERCIAL DEVELOPMENT. Commercial development
shall be comprised of a wide range of business uses. The City shall promote the image and function of
e central business district, the area generally located as the City's center for commerce as well as civic
snd cultural enrichment. In this pursuit the City shall enhance the identity, design, and vitality of the
waterfront corridor which provides a unique waterfront activity center within the central core area of the
City. The allocation of land resources shall consider the location and space requirements of commercial
activities and potential fiscal and environmental impacts on the City of Sebastian.
Policy 1-1.2.1: General Considerations for Locating Commercial Development. The location and
distribution of specific types of commercial activities shall be determined based on the following
considerations:
a Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional
internal circulation and off-street parking system, with landscaping amenities;
b. Location and site requirements based on specific needs. of respective commercial activities, their market area, anticipated
employment generation and floor area requirements;
c. Compatibility with and impact on other surrounding commercial activities;
d. Relationship to surrounding land uses and natural systems;
e. Impact on existing and planned community services and utilities.
Policy 1-1.2.2: General Pattern of Commercial Land Use. In order to promote efficient flow of traffic
along major thoroughfares cited in the Traffic Circulation Element, achieve orderly development and
minimize adverse impact on residential quality, commercial development shall be concentrated in strate-
gically located areas having location characteristics which best accommodate specific land, site, public
facilities and market location requirements of their respective commercial uses.
0imilarly, proliferation of strip commercial development shall not be extended. The existence of
commercial areas on one comer of an intersection shall not dictate the development of all corners with the
same or similar use; nor does the existence of commercial development on a major thoroughfare dictate
that all frontage must be similarly used.
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
.�olicy 1-1.2.3: Improve the Image and Function of the Downtown as the Central Commercial Core
rea. Commercial development decisions shall promote the function of the Downtown central
..ommercial core area as a center for government and institutional services as well as a focal point for
retail trade, business and professional offices, and civic and cultural enrichment. Land development
regulations shall be directed to achieving a mix of land use activities consistent with Future Land Use
Map policies.
The City shall coordinate with the residents, Chamber of Commerce and the private sector interest groups
concerned with enhancing the Downtown in order to direct efforts to achieve a public and private
partnership in improving the image and function of the Downtown central commercial core area,
including the waterfront corridor. Design strategies shall provide a physical theme for development and
redevelopment opportunities which reinforces the unique waterfront setting of the Downtown area, along
the Indian River Dr. and U.S. 1 corridors, spanning north from Fellsmere Road (CR 512) to Oyster Bay
Pointe and west on Main Street to the Post Office.
Policy 1-1.2.4: Prepare a Redevelopment Plan for Enhancing the Identity Design, and Vitality of
the City's Riverfront Corridor. The Riverfront corridor shall be the subject of periodic special planning
and management studies as determined by,the City Council which shall be coordinated closely with the
residents, Chamber of Commerce and other interest groups concerned with promoting improvements
along this waterfront corridor (Cross-reference Objectives 1-1.2 and 1-3.2). The 'Riverfront shall be
defined as the area of the City east of the railroad tracks from the north City limit to the south City limit
on US 1. These studies shall investigate actions deemed to be necessary by the City Council to achieve:
• Improvements in architectural design of the Riverfront corridor which enhance the identity of this unique resource;
Private sector investment in improvements which further the City's waterfront corridor redevelopment objectives;
• Public sector plans for generating incentives for realizing a meaningful public-private partnership in waterfront corridor
redevelopment;
• A market sensitive and economically feasible redevelopment plan, management strategy, and regulatory performance
criteria for implementing these redevelopment objectives and policies; and
• Design alternatives for accommodating pedestrian user needs, including a circulation system which facilitates pedestrian
mobility. Vehicular traffic should be directed along U.S. I and parking areas should be developed.
Policy 1-1.2.5: Provide Appropriate Locations for Office Development. Office development shall be
encouraged to locate on accessible sites on US 1 and CR 512. Office development may serve as a
transitional use separating more intensive commercial uses from residential development. Office
development shall also locate along the outer fringe of the Downtown area where such development may
encourage reinvestment in declining residential areas surrounding the business district.
Policy 1-1.2.6: Designate Various Types of Commercial Nodes to Accommodate Diverse
Commercial Uses. A variety of commercial development designations shall be provided in order to
adequately assure availability of sites that accommodate the varied site and spatial requirements for such
activities as: professional and business offices, limited commercial activities, and general retail sales and
services.
e allocation of commercial uses shaft recognize that respective commercial activities frequently have
ferent site, spatial, and market area characteristics and generate significantly different impacts.
01mtlarly, the commercial development designations on the Land Use Map shall be complemented by
zoning, performance standards, and site planreview requirements which shall regulate development on
such land. These regulations shall assure that the proposed development of commercially designated sites
is appropriate and can be adapted to the proposed site.
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
or instance, the land development regulation shall address issues surrounding:
Intensity of use
• Floor area
• Natural constraints to development
• Perimeter and internal landscape requirements
• Availability of public facilities at adequate levels of service
• Concurrency management
• Controlled access and egress
• Off-street parking with safe and convenient internal
vehicle and pedestrian circulation.
• Open space preservation .
• Adequate building setbacks
• Urban design and required amenities, including, but not
limited to, signage controls, pedestrian amenities,
building height, and orientation, and other similar
design features.
OBJECTIVE 1-1.3: PLANNING FOR INDUSTRIAL .DEVELOPMENT. Sufficient land shall be
allocated to accommodate industrial development.
Policy 1-1.3.1: General Considerations for Locating Industrial Development. The allocation of land
resources for industrial development shall be responsive to the location and space requirements of
industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location
and distribution of specific types of industrial activities shall be determined based on the following
considerations:
a. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail,
air, or trucking for distribution of material and goods;
b. Anticipated employment generation, floor area requirements, and market area;
c. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air
pollutants, glare, noise or odor, or generation of hazardous by-products;
Impact on established as well as anticipated future development and natural systems; and
Impact on existing and planned public services, utilities, water resources, and energy resources.
Policy 1-1.3.2: General Pattern of Industrial Land Use. The City of Sebastian Airport and environs
contains the principal area for future industrial activity. A secondary industrial concentration is situated
along the FEC Railroad at CR 512. Lesser concentrations of industrial development are situated along
other segments of the FEC Railroad. A high priority shall be given to reserving strategically located lands
adaptive to the unique location requirements of industry. Industrial sites shall generally be allocated in
areas accessible to rail corridors or near airport facilities.
Policy 1-1.3.3: Pursue Selective Industrial Expansion Policy. The City shall pursue a strategy of
selective expansion of its industrial base. The City shall encourage industries that contribute optimally to
the City's economy and that of the Treasure Coast and Space Coast. Highest priority shall be directed
toward recruiting industries which:
a. Generate high levels of employment together with higher than average wage and salaries;
b. Promote an industrial mix to counterbalance the impact of cyclical economic changes;
c. Produce services and/or products which complement the needs and resources of existing industry within City and the
region.
d. Provide industry and service activities required to support and attract prime industrial land uses which are compatible with
the City's growth management and resource conservation goals, objectives and policies;
e_ Contribute a net revenue to the City of Sebastian and thus enhancing the fiscal capacity of the City; and
f. Do not adversely impact the City's natural resources including groundwater quality; infrastructure; and public facility
improvement needs. The City shall seek to work in partnership with industrial development interest groups to achieve
competitive amenity packages including:
• Requisite transportation system improvements and other on- or off-site improvements;
• Access to public potable water and wastewater services;
• Efficient stormwater management systems; and
Maintenance of adopted levels of services for infrastructure systems.
Comprehensive Plan Goats, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Policy 1-1.3.4: Pursue Nuisance Abatement Standards and Criteria. The City shall prevent nuisance
pacts frequently associated with industrial activities by maintaining performance standards for
_nanaging emission of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare.
Similarly land shall be allocated to industrial uses in a manner which allows for separation and co -
location of industrial activities capable of complying with the most restrictive performance standards and
exhibiting minimal adverse impacts on surrounding development.
OBJECTIVE 1-1.4: ACCOMMODATE INSTITUTIONAL FACILITIES AND PUBLIC
SERVICES. The City shall assure that needed public services and facilities are developed concurrent
with new development, including adoption of an adequate facilities ordinance within the City's land
development code. In add.ition, the City shall use the capital improvement
program and budgetprocess to
pursue advance acquisition
of land required to provide recreation, conservation, and related public
benefits and promote multiple use of public lands.
Policy 1-1.4.1: Coordinate Public and Private Investments in Land Improvements. The location,
scale, timing, and design of necessary public and semi-public services and utilities shall be closely
coordinated with development activities in order to promote more effective and efficient delivery of
requisite services and utilities.
Policy 1-1.4.2: Maintain and Enforce Standards and Specifications for Design and Construction of
Public and Semi -Public Services. The City shall maintain and enforce appropriate standards and
specifications for the design and construction of public and semi-public services in order to promote cost
OoT-ectiveness and quality control consistent with all applicable federal, state, regional, and local standards.
-mmunity facilities include police and fire protection, public schools, health care, emergency services,
storm drainage and water and wastewater facilities.
Policy 1-1.4.3: Provision of On -Site and Off -Site Improvements. Prior to receiving a development
permit, plans for all new development shall be evaluated by the City. Similarly, prior to receiving a
development permit, the applicant's plans must incorporate necessary on- and off-site improvements or
equitable contributions in lieu thereof which are required as part of a development application pursuant to
the Comprehensive Plan or any other requirement of the Code of Ordinances, as exists or as may
hereinafter be amended.
In cases involving unpaved roads adjacent to a proposed development, the applicant shall be required to
pave the portion of the road which the development will be utilizing. The applicant shall not be required
to pave adjacent unpaved roads if the development will not be accessing those roads. In cases of
insufficient rights-of-way adjacent to a proposed development, the applicant shall be required to donate
the land necessary to make the rights-of-way compliant with the requirements of the Land Development
Code.
Supportive facilities, -services, or other improvements (or equitable contributions in lieu thereof), as
required by ordinance, shall be agreed to by the applicant prior to City approval of a development petition
and facilities shall be constructed as agreed upon prior to issuance of a development permit. The intent of
this policy is that all development applications include a satisfactory plan providing for the development
Prequired on-site and off-site improvements, or equitable contribution in lieu thereof, in order to assure
at the City of Sebastian does not assume unanticipated fiscal liabilities for supportive facilities and
services which may be expressly attributed to new development.
Comprehensive Plan Goals, Objectives and Policies
AQ/1) 1 ioo
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
.-M OBJECTIVE 1-1.5: PROMOTE COMMUNITY APPEARANCE, NATURAL AMENITIES AND
INMAN DESIGN PRINCIPLES. The appearance of major transportation corridors serving as gateways
_oto the City, as well as major activity centers such as the Downtown, the Indian River and St. Sebastian
River shoreline, public parks and other public grounds and institutions shall be managed and enhanced
through application of the site plan review process.
Policy 1-1.5.1: Reinforce and Enhance the City's Community Appearance. Major attributes shall be
preserved through application of design review standards and management of signs, landscaping, open
space, tree protection, and other urban design amenities.
Special emphasis shall be placed on preserving and/or improving the character of major natural and man-
made corridors, including the intercoastal shoreline, the estuarine and riverine systems, major drainage
corridors, and major transportation corridors which serve as a focal point for the motoring public and an
inviting gateway to visiting tourists.
§1-2: FUTURE LAND USE MAP.
GOAL 1-2: FUTURE LAND USE MAP. CONTINUE TO MAINTAIN AND MANAGE A
FUTURE LAND USE MAP.
THE FUTURE LAND USE MAP SERIES, MAPS I-1 THROUGH I-8 HEREIN, REFLECT CITY
POLICY FOR MANAGING THE ALLOCATION OF FUTURE LAND USE. THE FUTURE LAND
USE MAP SERIES (BASE YEAR 2010) IS SUPPORTED BY THE COMPREHENSIVE PLAN DATA
NTORY AND ANALYSIS (1988) AND THE COMPREHENSIVE PLAN EVALUATION AND
PRAISAL REPORT (1988). LAND. USE DESIGNATIONS ON THE FUTURE LAND USE MAPS
:AVE BEEN ALLOCATED PURSUANT TO GOALS, OBJECTIVES AND POLICIES STIPULATED
IN THE COMPREHENSIVE PLAN; TOGETHER WITH ANALYSIS OF POPULATION, HOUSING
AND LAND RESOURCES. THE. PROCESS OF ALLOCATING THESE LAND USE
DESIGNATIONS HAS CONSIDERED THE NEED TO CONSERVE NATURAL RESOURCES
INCLUDING WETLANDS, THE INDIAN RIVER LAGOON SHORELINE, THE SEBASTIAN RIVER
SHORELINE, FLOODWAYS, FLOOD PLAINS, WATER RECHARGE AREAS, FISH AND
WILDLIFE, CONSIDERATION OF CAPITAL IMPROVEMENT NEEDS, AND CONSERVATION
OF FISCAL RESOURCES.
THE FUTURE LAND USE MAP SERIES SHALL DESIGNATE AREAS FOR THE FOLLOWING
USES:
II LAND USE I RESIDENTIAL DENSITY (Units per Gross Acre) 11
Low Density up to 5 u/a
Medium Density up to 8 u/a
Mobile Home Development up to 5 u/a
High Density up to 12 u/a
berfront Mixed Use -up to 8 u/a
LAND USE MIX OF LAND USES I LAND USE INTENSITY (Floor -to -Area Ratio)
Commercial (Total)
Limited Commercial, including offices Less than 5 acres 0.35 FAR
General Commercial, including offices 5 to 20 acres 0.50 FAR More than 20 acres 0.75 FAR
Riverfront Mixed Use residential uses: 25%;
institutional/recreational
uses:.. 20%;. and
commercial uses: 55%.
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
LAND USE
MIX OF LAND USES
LAND USE INTENSITY(Floor-to-Area Ratio)
dusuial
Less than 20 acres 0.50 FAR
More than 20 acres 0.75 FAR
Airport
.50 FAR
Institutional
.35 FAR
A cultural
None within Ci
X 11
THIS SECTION OF THE FUTURE LAND USE ELEMENT SHALL DEFINE THE NATURE,
DENSITY AND INTENSITY OF THE ALLOWABLE USES FOR EACH OF THE DESIGNATIONS
REPRESENTED ON THE FUTURE LAND USE MAP. NOTHING IN THIS SECTION SHALL
PRECLUDE NECESSARY COMMUNITY FACILITIES FROM LOCATING WITHIN ANY FUTURE
LAND USE DESIGNATION WHEN SUCH ACTIVITY SATISFIES ESTABLISHED CRITERIA OF
THIS PLAN AND THE CITYS CODE OF ORDINANCES.
THE FUTURE LAND USE MAP SERIES SHALL BE MAPS I-1 THROUGH I-6. THE FUTURE
LAND USE MAP: LAND USE POLICY DESIGNATION, MAP I-1, SHALL DEPICT THE
PROPOSED DISTRIBUTION, EXTENT AND LOCATION OF LAND USES FOR THE YEAR 2010.
THE OFFICIAL FUTURE LAND USE MAP IS ON FILE IN CITY HALL. THE FUTURE LAND USE
MAP ILLUSTRATED HEREIN (MAP I-1) IS ONLY A GENERALIZED FUTURE LAND USE MAP
DETAILING THE FUTURE LAND USE MAP LEGEND AND ALLOCATION OF FUTURE LAND
USE. MAPS I-2 THROUGH I-6 OF THE FUTURE LAND USE MAP SERIES SHALL DENOTE
NATURAL RESOURCES TO BE CONSERVED THROUGH PLAN IMPLEMENTATION. MAP I-7
SHALL INDICATE CITY RECREATION RESOURCES. MAP 1-8 AND TABLE 1-1 DENOTE THE
STORICALLY AND ARCHAEOLOGICALLY SIGNIFICANT SITES INCLUDED IN THE STATE
ASTER PLAN. THE CITY HAS NO AGRICULTURAL LANDS.
OBJECTIVE 1-2.1: ALLOCATING RESIDENTIAL DEVELOPMENT. Map I-1, identifying
future land use policy, shall allocate residential density based on the following considerations: past and
projected future population and housing trends and characteristics; provision and maintenance of quality
residential environments; protection of environmentally fragile natural systems; the need to plan for
smooth transition in residential densities; and provision and maintenance of traffic circulation and
multiple -family improvements. Redevelopment, rehabilitation, and/or renovation of existing structures
shall also be required to meet acceptable level as indicated in the Land Development .Code. This
objective shall be measured through implementation of the following policies.
Policy 1-2.1.1: Density Defined. Maximum gross residential density shall be determined by dividing the
"maximum allowable units" by the "gross land area" (i.e., dwelling units/gross land area). All residential
densities denoted on the Future Land Use Map stipulate the maximum gross densities permitted for
development on the land. Gross land area shall be defined as those contiguous land areas under common
ownership proposed for residential development. In cases where residential land abuts waters of the
State, the boundary shall be delineated as established by the State and no density credit shall be granted
for waters of the State. In cases where residential land abuts other natural floodplains or wetlands, the
land development regulations shall provide performance standards and/or criteria which may further
restrict the character of land for which density credit may be granted. The intent is to allocate density
credits only to those lands which are buildable pursuant to urban design criteria. These criteria shall be
orporated within the land development regul0 ations.
uensity is expressed in terms of a range up to a specified maximum. Where so stated as a range, the
maximum' density is not guaranteed by right. Subdivision, zoning and site plan review criteria and
procedures shall assure that specific density assigned to new development is compatible and consistent
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
ith established residential development patterns and provides equitable use of the land. Criteria to be
nsidered in allocating density shall include, but not be limited to, the following:
a. Protect the integrity and stability of established residential areas;
b. Assure smooth transition in residential densities;
c. Require application of sound landscaping and urban design principles and practices;
d. Protect environmentally sensitive areas;
e. Minimize the impact.of flood hazards;
f. Coordinate with Indian River County as well as appropriate state and regional agencies charged with managing land and
water resources; and
g. Provide reasonable use of the land
--� Policy 1-2.1.3: Low Density Residential Development (LDR). Areas delineated on the Future Land
Use Map for low density residential development shall accommodate residential development with a
maximum density of up to five (5) dwelling units per acre and shall be comprised primarily of single
family detached homes on individual lots. Specific densities will be determined by such factors as natural
features of the land, density and/or intensity of developed and/or undeveloped land surrounding
development, level of accessibility, housing supply and demand, adequacy of public facilities, consumer
preference and other factors which may be identified in the land development regulations. Supportive
community facilities and accessory land uses may be located within areas designated for single family
low density residential uses. The land development regulations shall provide regulatory procedures for
considering such uses. The low density designation is established to protect:
• the quality and character of existing low density single family neighborhoods;
•preserve open space;
encourage densities which are compatible with existing and anticipated future developments;
promote compatibility with natural features of the land; and,
• minimize burden on existing and projected supportive public services and facilities within the area.
Policy 1-2.1.4: Medium Density Residential Development (MDR). Areas delineated on the Future
Land Use Map for medium density residential development shall be developed, redeveloped and/or
maintained as stable medium density residential neighborhoods. Medium density residential development
ranges up to a maximum of eight (8) units per acre and generally averages six (6) units per acre. The City
shall allow a duplex to be constructed on any undeveloped 10,000 square foot lot existing on March 4,
1998 which is indicated as Medium Density Residential on the Future Land Use Map.
The medium density designation is intended to provide sufficient land area for developments of medium
density residential development adequately supported by public services and facilities and compatible
with existing and anticipated future land uses. The medium density policy designation includes a mixture
of single and multiple family structure types. Supportive community facilities and accessory Iand uses
may be located within areas designated MDR. The City Iand development regulations shall provide
regulatory procedures for considering such uses.
Review of specific densities of developments shall be directed toward preserving stability of established
residential areas. Sites for medium density residential developments should be located so that they
provide a smooth transition between lower density residential areas and areas developed and/or
Aliesignated for other more intense uses. Generally, medium density areas should be located between the
imeter of low density residential areas and areas of high density residential concentrations.
Comprehensive Plan Goals, Objectives and Policies
MAP 1-1
FUTURE LAND USE MAP SERIES
Policy Desfgnatlons
SCALE
0 1/4 1/2 3 4 1
MILE - ■
\ a
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oge ,\tib''•
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IN
SIN =
J-0
O \O
nrlmm�reutum C ynornuul^rr :m.: not....
lnna■l
Com Iled by. CitY of Sebastian and Solln t Ass4clates,[nc. NQ
11 a Ezbts i1
e end "°^ Reriderilial
Lind Use Intensity in Average
Apdam16l Weekday Vehick Trip GdJN Ifnur Pcrkxl
LDR I— Dem By, Residential COR Commercial, Office Rmklcntlal IND Industrfnl
Up In S uniWecre Up to 45 TrirWlrX 0 sq. R. Up to 7 TrIrW? 00 sq. R
MDR f fedfum Density, Rc4deotla1 CL Cnmmercfnl, Limited INS Imritutlu-1
Up to R units/scta Up to Ito TnWfX10 sq. rt. Up to 70 Tripaffcw sq. ft.
(Includes Reercno on and Open Spn
1IDR 111-gh Density, Residential cO $ Camonerckal; Gcnaal ' Perks - Up to 27 Trips/eere
Up In 12 unftshcre 0312 Up to 140 Tr,'W( 0 sq. ft. Golf Course - Up to 453 Trlpsrhok)
MIT itfe.ln'k ITome CW Cnmmcrcfal, 6farine Walcrfinnl
Up In 3 units/atte Up to 4R rem[- pho
MAP l - 3
FUTURE LAND USE MAP SERIES
Estuarine Shoreline and Wetland Areas
SCALE
0 1/4 1/2 3/4 1
MILE
u. un n, uu to nn
\ 2-
s....... i
LEGEND
Q Wetland
Estuarine Shoreline
The City of Sebastian has no beaches.
MAP I - IV
FUTURE LAND USE MAP SERIES
Generalized Floodplain Areas
SCALE
0 1/4 1/2 3/4 1
MILE
LEGEND
1 OO Year Floodplain
An. Between 100 and Soo Year Flood
Q Areas of Minimal Flooding
High Hazard Coastal Area
(Ve Zone, FIRM Maps)
SOURCE: Flood Insurance Rate Map DATE: August 1989
MAP 1-5
FUTURE LAND USE MAP SERIES
Surficial Aquifer Recharge Areas and Waterwells
Sebastian
�Airport
D
' C
Vocelle Avei
I
SCALE
0 1!4 1h 3!4 1
MILE
A m
L
V•
�o
3 � � tlpt,l It,l ttll ptUtlll�
� mOnntr
til Ilt/7 1L71, 11„'t1 � t �tt/ttt/ttttl
Ttllttttl
LEGEND
Good to Excellent Recharge Potential
Moderate to Good Recharge Potential
Q Poor to Moderate Recharge Potential
•
Water Mills ( No data delineating the cones of influence for these shallow
aquifer wells is currently available. )
SOURCE: Indian River County Soil Survey DATE: November 24, 1987
ilial
O�
ve
O
_
_.lit-
General Development
Utilitles Water
_
Well
0
Whispering Palms
-
Water Well
\ N
e
\�
o ■
til Ilt/7 1L71, 11„'t1 � t �tt/ttt/ttttl
Ttllttttl
LEGEND
Good to Excellent Recharge Potential
Moderate to Good Recharge Potential
Q Poor to Moderate Recharge Potential
•
Water Mills ( No data delineating the cones of influence for these shallow
aquifer wells is currently available. )
SOURCE: Indian River County Soil Survey DATE: November 24, 1987
I**
•
C�
MAP 1- 6
FUTURE LAND USE MAP SERIES
Major Undeveloped Lands with Upland Vegetation
SCALE
0 1/4 1/Z 3/4 1
MILE
Solin & Associates, Inc.
SOURCE: Indian River County Tax Assessor's Aerial Haps
LEGEND
I_ S C-R- 5IMV City limits
& NE of Gty HaII/W of FEC
Z San Sebastian Springs
9. S of blain Street/W of Louisiana Ave
3. Collier Place
10. Sebastian Green
4. Airport NE
1I. W FEGW Whispering Palau
5. SL Sebastian
12 Chesser Gap (Chesser Gap PUD(C))
6. N FEC Corridor Westside
13. Indian River Estuarine and Grassbcds
7. N FEC Corridor Eastside
(Indimtcd on Map 1)
Solin & Associates, Inc.
k
MAP 1- 7
FUTURE LAND USE MAP SERIES
City Recreation Resources
SCALE
0 14 112 3/4 1
MILE
\ 9,L
C.
a
N,
o N G
m
4
tai 0-
-n l
unni i� (1�fi ,t.n■7�.i■fiI■uwu■r
K3 \ ��\I
\
i m
0
Avenu ve c...:p..■■c �1���
.nnS
- - r
nnnn
m <
m
tratton Ave. a�
Cfnnunnm pnnunn■.■ n
umnnonunuu �unnv.■■••■■ Pnr. tL■u■.A
Compiled by; City of Sebastian and Sol in L Associates, Inc.
LEGEND
1) Riverfront Park
(�) Ashford T. Jordan Park
(1) Sebastian Community Center
(4) Community Park East of City Hall
(S) Sebastian Yacht Club
(7) Riverview Park
(8) VFW Social Center
(9) Easy Street Park
(10) Barber Street Sports Complex
(1I•) Schumann Drive Neighborhood Park
(12) Hardee Park
L
MAP 1- 8
FUTURE LAND USE MAP SERIES
Historic Resources
CIN,
i
'Qd
Sebastian Airport
SCALE
0 1/4 1/2 3/4 1
MILE
�J
'LOQ/
trr�rrrrrrrrrrl -
P LEGEND
FEC Railroad
"••• Boundary
Appro�dmate Boundary of FI'�storic Site Area Cit /
*1-12 Cm&erwt..n.... 7.ki– i_.. u-.—...._
MAP 1- 9
FUTURE LAND USE MAP SERIES
Areas Reserved for Conservation or Restricted Development
LEGEND
Jim
V.nnuu....�
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1-19
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
licy 1-2.1.5: High Density Residential Development (HDR). High density residential development
ages up to a maximum twelve (12) units per acre and generally averages ten (10) units per acre. The
high density policy designation is intended to provide sufficient acreage for high density residential
development which shall be adequately supported by public services and facilities, and maintain
compatibility with the surrounding area.
The specific areas designated for high density development shall be accessible to existing or anticipated
future major thoroughfares and requisite utilities. In addition, these areas generally shall be highly acces-
sible to commercial services. Specific density of future development proposals within these areas shall
provide for smooth transition in residential density, preserve stability of established residential areas, and
shall include sufficient open space, parking and landscaping to reinforce goals and objectives for quality
living areas.
Policy 1-2.1.6: Mobile Home Development. Mobile home residential development shall be permitted
on sites appropriately zoned for mobile home development. The density of the mobile homep arks or
subdivisions shall be permitted up to a maximum of five (5) units per acre; however, specific site
densities must be consistent with the policy, map and standards of the Comprehensive Plan and Land
Development Code. The more restrictive density provision shall rule where any inconsistency may exist.
Review of specific densities shall be directed toward preserving the established residential development.
Replacement of existing mobile homes in existing mobile home plats and sites of record, as. of the
effective date of this ordinance, shall be permitted and shall not be deemed inconsistent with the
Comprehensive Plan.
10obile homes shall be reviewed as reasonable development options but the applicant shall provide plans
for mobile home development which assure that the development contains a significant open space buffer.
Natural landscaping, including a landscaped berm where appropriate, upper story tree canopy and lower
story shrubbery, and/or an aesthetic decorative wall or fence to effectively screen the mobile home
development from adjacent residential development which exists or may potentially exist in the future.
OBJECTIVE 1-2.2: ALLOCATING COMMERCIAL DEVELOPMENT. The Future Land Use
Map shall identify the allocation of commercial Iand for: 1) limited commercial development, including
offices; 2) general commercial development, including offices; and 3) Riverfront mixed use. The
allocation of land for commercial development shall be compatible with goals and objectives identified in
the Comprehensive Plan and consistent with supportive research and analysis. The policies stated below
provide an explanation of the purpose, intent and character of the commercial land use designations. .
POLICY 1-2.2.2: LIMITED COMMERCIAL DEVELOPMENT. Limited commercial development
is allocated to commercial sites accessible to major thoroughfares near residential neighborhoods. The
maximum intensity of limited commercial development measured in floor -to -area ratios is 0.35 for sites 5
acres or less; 0.5 for sites over 5 to 20 acres; and 0.75 for sites more than 20 acres. Sites within this
designation are intended to accommodate shops with limited inventory or goods as well as transient
lodging facilities meeting performance standards of the Comprehensive Plan and the zoning code. This
designation is intended to accommodate residential development only as a special use. Duly approved
residential uses existing at the effective date of the Comprehensive Plan shall be deemed permitted uses.
rted Commercial activities shall include shops catering to the following markets:
• Neighborhood residential markets within the immediate vicinity as opposed to county -wide or regional markets; or
• Specialized markets with customized market demands.
Y
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
y'*ommercial development within the limited commercial district shall generally be restricted to any uses
ermitted in the commercial office district as well as the following uses:
• Neighborhood convenience stores;
• Small limited item shops and stores restricted to retail sales of convenience items and services including barber, beauty
care, and other personal services;
_ • Small scale drug stores, laundry and dry cleaning pick-up stations;
• Specialty shops; and
• Motels or other living accommodations for transient residents generally residing on a seasonal basis.
Areas designated for limited commercial development are not intended to accommodate large scale retail
sales, service, and trade activities, generally serving a county -wide or regional market. Such stores
usually differ from limited commercial shops since the former usually require a larger floor area, carry a
relatively larger inventory, and require a substantially greater parking area.
Uses, which are not intended to be accommodated within the limited commercial area include the
following: large scale discount stores, health spas; supermarkets; department stores; full service hardware
stores; wholesale and warehousing activities; general appliance shops; printing shops; sales, service or
repair of motor vehicles, machine equipment or accessory parts, including tire and battery shops; gas and
automotive service centers; commercial amusements; fast food establishments primarily serving in
disposable containers and/or providing drive-in facilities, and other similar services to be expressly
defined in the zoning ordinance.
�olic 1-2.2.3•
y . General Commercial Development (CG). The general commercial (CG) areas are
designated on the Future Land Use Map for purposes of accommodating general retail sales and services,
highway oriented sales and services; and other general commercial activities defined in the land develop-
ment regulations. The general commercial land use designation is intended to include the hub of retail
sales and services within the downtown as well as within the outer environs of the downtown. General
commercial designations also are located in highly accessible areas adjacent to major thoroughfares which
possess necessary location, site, and market requirements. Zoning policy shall stipulate provisions
regulating specific land uses. The maximum intensity of general commercial development measured in
floor -to -area ratios is 0.35 for sites 5 acres or less; 0.5 for sites over 5 to 20 acres; and 0.75 for sites more
than 20 acres.
This area is not intended to accommodate manufacturing, processing, or assembly of goods, sales and
service of heavy commercial vehicle and equipment, or related services or maintenance activities;
warehousing; uses requiring extensive outside storage; or, other activities which may generate nuisance
impacts, including glare, smoke or other air pollutants, noise, vibration or major fire hazards, or other
impacts generally associated with more intensive industrial uses.
The areas designated for general. commercial development are specifically not adaptive to permanent
residential housing and such uses shall be located in other areas designated for residential development.
On the other hand, transient residential facilities including hotels and motels, or residential complexes, or
other transient quarters should be located in areas designated for general commercial use.
0o-
licy I-2.2.4: C.R. 512 Commercial -5
(C 12). The general commercial C.R 512 corridor is designated
on the Future Land Use Map for purposes of accommodating retail sales and services and other
commercial activities and community facilities .defined in the land development regulations which are
compatible with nearby residential areas. This land use designation expressly excludes vehicular sales and
Comprehensive Plan Goals. Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
'*ervices; bars and lounges; parking garages; enclosed and unenclosed commercial amusements; indoor
(eaters; merchandising of second-hand goods, including flea markets, wholesale trades and services;
industrial uses or outside storage activities, or any other activities which may generate nuisance impacts
such as glare, smoke, other air pollutants, noise, vibration, fire hazard, or other adverse impacts associated
with more intense commercial and industrial activities. Land development regulations shall stipulate
provisions regulating specific land uses. The maximum intensity of commercial development measured in
floor -to -area ratios is 0.35 for sites 5 acres or less; 0.5 for sites over 5 to 20 acres; and 0.75 for sites more
than 20 acres. .
Policy 1-2.2.5: Riverfront Mixed Use (RMU). The Riverfront Mixed Use designation is intended to
provide a mixture of residential, commercial, recreational, and institutional uses in the Riverfront District.
The City anticipates by 2020, the mix of uses in RMU shall be residential uses: 25%;
institutional/recreational uses: 20%; and commercial uses: 55%.
The allowable residential uses are single family, duplexes, multiple -family up to eight (8) units per acre,
and commercial resort residential uses. Model. homes and home occupations should be allowed as
conditional uses. Institutional uses are child care services and facilities, marine related educational
institutions, cultural or civic activities, public protective and emergency services, places of worship,
public or not-for-profit administrative services, public and private utilities, public parks and recreation.
Nursing homes such as rest/convalescent homes should be permitted as a conditional use outside of the
flood zone.
Wmmercial uses include business and professional offices, medical services, wet or dry storage of boats,
t sales and rentals, marine power sales, marine fuel sales, bait and tackle shops, restaurants (excluding
drive-ins and fast food services), fish markets, marine related specialty retail sales and service, marine
accessory .uses, farmer's markets, yacht clubs, bars and lounges, waterfront general commercial activities,
indoor theaters and other enclosed. commercial amusements, plant nurseries, hotels, motels, transient
quarters, and parking lots without a building on the lot. Drive-ins and fast food services, vehicular service
and maintenance, retail gasoline sales, veterinary services, funeral homes, drive-through facilities and
general retail sales and services should be allowed as conditional uses. These uses would be required to
be located on a parcel adjacent to US1. Parking garages would be allowed as a conditional use west of
US 1.
The maximum intensity for commercial development and institutional/recreational uses shall be measured
in floor -to -area ratios: as follows: 0.35 for sites 5 acres or less; 0.5 for sites over 5 to 20 acres; and 0.75
for sites more than 20 acres.
OBJECTIVE 1-2.3: ALLOCATING INDUSTRIAL DEVELOPNLENT (IND). The Future Land Use
Map shall allocate land resources for existing and anticipated future industrial needs and requisite support
services.
Policy 1-2.3.1: Industrial Land Use Designation. The allocation of land use designations should
provide a high priority to industry's frequent need for strategically located lands which are accessible to
air, fail and highway transport facilities,. as well as labor markets and necessary urban services. The
W.u
strial (IND) designation is intended to provide strategically located sites principally within the airport
rons. The City shall work with industrial interest groups to pursue selective industrial ex ansion
P
policy set forth herein in Policy 1-1.3.3. The maximum intensity of industrial development measured in
floor -to -area ratios is 0.50 for sites 20 acres or less; and 0.75 for sites more than 20 acres.
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
'Wdustrially designated areas are not adaptive to residential use and as such industrial activities shall not
e located in areas designated for residential development. This provision shall not prohibit residences
for night watchmen or custodians whose presence on industrial sites is necessary for security purposes.
Such a use may be permitted as a conditional use through appropriate zoning procedures.
The industrial land use designation shall be allocated to industrial sites accessible to airport facilities, rail
facilities, and/or major thoroughfares. The sites shall be buffered from residential neighborhoods.
Industrial uses include: manufacturing, assembling and distribution activities; warehousing and storage
activities; general commercial activities; and other similar land uses which shall be regulated through
appropriate zoning procedures. Heavy metal fabrication, batch plants, salvage yards, chemical or
petroleum manufacturing or refining, rubber or plastics manufacturing, or other use generating potentially
harmful environmental or nuisance impacts shall be prohibited. These uses typically generate heavy truck
traffic, require significant acreage, are difficult to screen and buffer from residential areas, and therefore,
should be located in more sparsely developed unincorporated areas.
Based on the extensive impacts which industrial development frequently generates, industrial
development requiring future plan amendment or rezoning shall be encouraged to develop under
provisions of a planned unit development petition in order to allow maximum flexibility in design to the
applicant and to avoid any major adverse impacts which may not be anticipated during a less in-depth
plan review.
The zoning code performance standards for regulating the nuisance impacts sometimes associated with
tense commercial and industrial development shall be enforced to promote nuisance abatement.
OBJECTIVE 1-2.4: MANAGING AIRPORT LANDS. The Future Land Use Map shall incorporate
land use management policies which:
a. Foster use of Sebastian Municipal Airport lands in a manner which contributes to the development of the City's economic
base through selective pursuit of industry consistent with Policy 1-1.3.3 of this Chapter.
b. Assure safe operation of aircraft through:
• Efficient use of air space in relation to the Municipal Airport and surrounding airports and airways.
• Maintenance and improvement of the aircraft operational ground environment.
• Developing a design plan at the Municipal Airport which will accommodate operationally compatible aircraft.
c. Achieve Municipal Airport and industrial development which is compatible with the adopted City of Sebastian Municipal
Airport Master Plan and mutual environmental constraints through:
• Proper on- and off -Municipal Airport land use which protects the operationally sensitive areas and reduces noise impact
near the airport.
• Preserving the ecologically unique areas on the property.
• Encouraging aviation activity compatible with community needs and characteristics.
d. Promote continued financial independence of the Sebastian Municipal Airport through:
• Preparing periodic updates to the Municipal Airport development plan in order to maximize land resources within the
constraints imposed by changing conditions; markets for land, goods and services; as well as constraints imposed by
other goals, objectives and policies of the City.
• Development of a long-range capital improvements program consistent with financial capacity.
• • Development of an operations and maintenance program compatible with financial resources.
tolicy 1-2.4.1: Airport Land Use Designation. The Airport (A) land use designation is intended to
accommodate lands comprising the Sebastian Municipal Airport. The Airport (A) land use designation is
intended to accommodate airport terminal, fixed base operators, airport hangars, landing, take -off or
surface maneuvering of aircraft, including, but not limited to, requisite airport infrastructure such as
Comprehensive Plan rinale nhiectives WWII Pn1;r'.
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
*nways, taxiways, ramps and aprons. The Federal Aviation Administration (FAA) Regulations shall
.)vem placement and specifications of structures within this area. The land development regulations
shall establish the permitted uses and applicable restrictions within the air operations area. The maximum
intensity of airport activity measured in floor -to -area ratio is 0.50 FAR. The intensity of airport related
commercial or industrial activities shall be measured as other similar commercial or industrial uses,
respectively.
OBJECTIVE 1-2.5: ALLOCATING INSTITUTIONAL SERVICES (INST). The Future Land Use
Map shall allocate Iand resources for institutional facilities and services as specified in the policies
stipulated below. The sites shall be compatible with adjacent land uses to the greatest practical extent.
The sites shall also fulfill the unique site location requirements included in respective functional plans and
shall be responsive to the needs identified in related demographic and supportive needs analysis_
olicy 1-2.5.1: Institutional Land Use Designation (INST). The institutional (INST) land use
designation is intended to accommodate existing public and semi-public services including: governmental
administration buildings; public schools and not-for-profit educational institutions; hospital facilities and -
supportive health care units; arts and cultural or civic facilities; essential public services and facilities;
cemeteries; fire and emergency operation facilities; public and private parks and recreation areas; utilities;
extensive open areas comprising major committed public and semi-public open spaces, including the
Municipal Golf Course, and other similar activities as shall be identified in the land development
regulations. Lands designated for institutional services shall contain sufficient acreage and open space
and be properly screened and buffered in order to minimize potential adverse impacts on adjacent land
�ses. The maximum intensity of institutional activity measured in floor -to -area ratio is 0.35 FAR_
fhe City shall monitor the need for increased land area for institutional uses and shall assure that the
institutional land use designation on the Future Land Use Map is expanded to accommodate the
development of public and semi-public facilities such as governmental administration buildings; fire,
police and rescue services; educational institutions and similar public uses.
Land uses such as places of worship, cultural or civic centers, and other similar public or private not-for-
profit uses may be included within this land use designation or within other land use designations as
provided for in the zoning regulations.
OBJECTIVE 1-2.6: PLANNED UNIT DEVELOPNI[ENT. The City shall promote innovative
development concepts and shall maintain, and improve as necessary, procedures for resolving conflict
through use of the planned unit development.
Policy 1-2.6.1: Planned Unit Development Overlay Designation. The City hereby establishes a
planned unit development overlay designation in order to provide a voluntary management framework for
coordinating objectives of developers with those of the City Council.
The planned unit development overlay designation shall provide a management strategy for negotiating
innovative development concepts, design amenities, and measures intended to encourage unique planning
concepts not attainable with certainty under conventional zoning or to protect natural features of the land.
e management process shall promote .public and private coordination and cooperation. The detailed
ulations, standards, and- procedures for implementing the planned unit development overlay
uesignation shall be incorporated in the land development code. These provisions shall address issues
surrounding due process and equitable procedures for revocation of approved planned unit developments
in cases where the applicant fails to commence performance pursuant to the conditions set forth in the
approved planned unit development.
Comprehensive Plan Goals, Obiectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
'We City Council shall reserve the authority to invoke new conditions in extending development rights
"We
on:
• Changes in conditions surrounding the impacted land use conditions in the vicinity;'
• Evolving issues surrounding infrastructure levels of service;
• Impacts on natural resources; and/or
• Other related issues impacting the nature of the proposed planned unit development.
The planned unit development overlay designation shall be available as a voluntary approach for
managing specific development characteristics and project amenities to be incorporated in residential,
commercial, industrial or mixed use development options. Developers who voluntarily participate in the
process shall bind themselves as well as those who may be their successors in title to the subject land.
OBJECTIVE 1-2.7: MANAGING CONSERVATION RESOURCES. The Future Land Use Map
shall identify lands that are environmentally fragile natural resources for long term preservation by
designating them as "Conservation." Environmentally fragile natural resources shall be referred to as
conservation resources, which are defined in §9J-5.003(30), FAC. The protection and preservation of
conservation resources shall be achieved through the implementation of the following policies:
Policy 1-2.7.1: Conservation Designation (CON). The Future Land Use Map (FLUM) shall designate
lands that are conservation resources as "Conservation." It is the intent of the "Conservation" land use
designation to provide for the Iong term protection and preservation of environmentally sensitive natural
source systems. If it is impractical to designate the area containing conservation resources as
nservation due to size, location, or other factors, the City shall have the option of obtaining a
conservation easement from the property owner(s) to protection the area. Areas covered by a conservation
easement shall be treated the same as areas designated as Conservation on the FLUM. No development is
permitted within "Conservation" designated areas, except where State and/or federal agencies having
jurisdiction allowing development rights. The applicant shall bear the burden of proof in determining that
development shall not adversely impact conservation resources. Site alteration, where allowed, shall be
limited to ten (10) percent of the entire site.
OBJECTIVE 1-2.8 ANNEXATION STUDY. The City of Sebastian acknowledges a need to prevent
urban sprawl and disjointed urban service delivery systems. In addition, the City desires.to develop a plan
for managing annexation of unincorporated enclaves as well as fringe areas adjacent to the City,
especially potential industrial expansion areas adjacent to planned industrial centers within the
incorporated area. Therefore, by December 31, 2000 the City of Sebastian shall prepare an annexation
study which analyzes development potential within the City of Sebastian urban area, including the
unincorporated enclaves and the unincorporated urbanizing fringe. The study shall document issues
surrounding potential development within the unincorporated urban area.
Policy 1-2.8.1 Parameter of the Annexation Study. The City of Sebastian annexation study shall
include:
1. Review and evaluation of Indian River County land development forecasts within the unincorporated urban area together
with supportive documentation.
•Analysis of unincorporated enclaves and subareas within the unincorporated urban area, including.
• Population and housing
• Traffic circulation system
• Water and wastewater service
• Drainage and natural water basins
• Natural features restricting development
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Protect urban population and employment trends and estimate land area required to accommodate projected residential and
nonresidential activities.
Analyze infrastructure issues, including improvement needs based on development forecasts.
5. Determine subareas and unincorporated enclaves which shall logically be serviced by the City of Sebastian. Identify
relative advantages and disadvantages.
6. Recommend a strategy for planning and managing development within the unincorporated urban area, including annexation
alternatives. The recommendations shall include but not be limited to:
• Procedures for intergovernmental coordination of land use policy governing development within. unincorporated urban
areas (including isolated enclaves) which are logical targets for incorporation into the City of Sebastian; and
• Policies and or actions for developing efficient systems for: 1) delivering municipal services; 2) achieving
diversification of the municipal tax base.
§1-3 LAND USE ELEMENT IMPLEMENTATION.
GOAL 1-3: ]IMPLEMENTING LAND USE GOALS AND OBJECTIVES. CONTINUE TO
MONITOR AND EVALUATE DEVELOPMENT AND RESOURCE CONSERVATION WITHIN
THE CITY PURSUANT TO GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN
LAND USE ELEMENT AND CARRY OUT AN EFFECTIVE IMPLEMENTATION PROGRAM
AS HEREIN ESTABLISHED.
OBJECTIVE 1-3.1: CONCURRENCY MANAGEMENT. By December 31, 1998, the City shall
have adopted a concurrency management program pursuant to Ch. 163, F. S., and §9J-5, F.A.C. Beginning
January 1, 1998, the City of Sebastian shall issue no development order or permit for development unless
the applicant provides narrative and graphic information demonstrating to the satisfaction of the City that
0,:blit facilities required by the subject development shall be in place concurrent with the impacts of
-- velopment. Furthermore, the applicant shall assure that the facilities operate at or above adopted levels
of service standards. The applicant's narrative and graphic information shall also demonstrate that the
subject development shall not reduce the levels of service (LOS) associated with public facilities serving
the development below adopted LOS standards.
Policy 1-3.1.1: Resolving Concurrency Issues. In order to implement the above measure, the City shall
require that all developments requiring a development permit (as defined in §163.3164 F.S., including
comprehensive plan amendments) shall, at the time the subject permit application is filed, submit
information which demonstrates that all urban services needed by the proposed development can and will
be provided concurrent with the new development.
In order to establish an orderly review process, the City shall refine the Land Development Code by
stipulating specific narrative and/or graphic data and information required at the time a comprehensive
plan amendment or zoning code amendment is filed with the City. As a minimum, the information shall
include the following:
• The specific land use(s) and the proposed density and/or intensity of the use(s);
• Estimated trips per day generated by the proposed land use(s) together with anticipated on- and off-site improvements
necessitated to accommodate the traffic impacts generated by the development including, additional R/W, roadway
improvements, additional paved laneage, traffic signalization, proposed methods for controlling access and egress, and
other similar improvements;
�lanned improvements in potable water and/or wastewater systems required to establish and/or maintain adopted water and
astewater levels of service. System improvements and proposed funding resources required for implementing any
improvements required to establish and/or maintain adopted potable water and wastewater system level of service
standards.
Comnmh--'- Pl— r -1-.1s lli.:e ti ..e......1
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Conceptual plan for accommodating stormwater run-off and demonstrated evidence that the proposed drainage
improvements shall accommodate stormwater run-off without adversely impacting natural systems or the City's s adopted
Ievel of service for storm drainage;
• In cases where residential development is proposed, information shall be submitted describing plans for accommodating
recreational demands generated by the development, including demonstrated evidence that the City's adopted level of
service for recreation shall not be adversely impacted;
• Projected demand generated by the development on the solid waste disposal system and assurances that the City's adopted
level of service for solid waste disposal shall not be adversely impacted;
• Other information which the City determines is necessary to assure that the concurrency requirement shall be satisfied
without adversely impacting existing levels of service or the City's ability to adequately service anticipated developments
which are consistent with adopted plans and policies of the City.
All such information submitted pursuant to this -subsection shall incorporate proposed funding sources,
including any identification of improvements which the applicant anticipates shall be funded by the City
or other public or private entity other than the applicant.
Policy 1-3.1.2 Coricurrency Management Monitoring and Evaluation System. The City shall
incorporate a monitoring and evaluation system in the adopted land development regulations in order to
ensure that the City maintains a continuing record of available capacity provided by infrastructure
systems, including roadways, water and sewerage systems, drainage systems, solid waste system, and
recreation and open space systems.
he City's monitoring and evaluation system shall include a record of current estimates for demand on the
signed capacity of each system. In addition, the City shall include a record of committed developments
--I)gether with the projected increment of demand placed on each infrastructure component. This
concurrency management tracking system shall provide a balance sheet noting current supplies capacity
available to service future development and redevelopment.
OBJECTIVE 1-3.2: MANAGE AND COORDINATE FUTURE LAND USE DECISIONS.
Beginning in January 1998, the City of Sebastian shall maintain land development regulations, including
performance standards which ensure that land development activities, resource conservation, and
infrastructure issues are managed in a manner that includes timely coordination with County, regional,
and State agencies having jurisdictional authority. Management of land and physical improvements iden-
tified on the Future Land Use Map will be regulated (especially lands identified in the land use element
analysis of vacant lands) in order to protect and/or conserve natural systems, including topography, soil
conditions, vegetation, natural habitat, public potable water wellfields, and other environmentally
sensitive land and water resources. Land - use shall also be predicated on availability of man-made
infrastructure and service systems required to support respective land use activities.
Policy 1-3.2.1: Future Land Use Map and Related Policies. The Future Land Use Map and related
policies identified in section 1-2 "Future Land Use Map," provide definitions of land use designations and
qualitative standards which shall be applied in allocating future land uses.
Policy 1-3.2.2: Land Development Regulations. The City's existing land development code governing
ing; subdivision; signage; landscaping and tree protection; and surface water management shall be
Aised
as needed in order to: 1) effectively regulate future land use activities and natural resources iden-
ied on the Future Land Use Map; 2) adequately protect property rights; and 3) implement the goals,
objectives, and policies stipulated in the Comprehensive Plan. The land development regulations shall
continue to be applied to;
a. Regulate the subdivision of land;
CITY OF SEBASTTAN CHAPTER 1: FUTURE LAND USE ELEMENT
Regulate the uses on land and in water consistent with this Element, ensure the compatibility of adjacent land uses, and
provide for open space;
Protect the environmentally sensitive lands designated in the Comprehensive Plan, especially wetlands which shall be
identified based on presence of hydric soils including but not limited to: Chobee loamy fine sand, Pineda fine sand,
Floridana sand, Malabar fine sand, Myakka fine sand depressional, Holopaw fine sand, Pompano fine sand, and Riviera fine
sand. In addition, wetlands may be identified by wetland vegetative species as presented in Rule 17-4.022, FAC, or as may
hereafter be amended.
d. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management;
e. Protect potable water wellfelds and aquifer recharge functions and areas•,
f. Regulate signage;
g. Ensure safe and convenient on-site and off-site traffic flow and vehicle parking needs and plan for dedication, acquisition
and development of future rights-of-way as identified in the programmed engineered master plan for the City's Major
Thoroughfare.
h. Provide that development orders and permits shall not be issued which result in a reduction of levels of services for
impacted public facilities below the levels of service standards which shall be adopted by the City Council.
Policy 1-3.2.3: Standards for Residential Density. Existing land development regulations shall be
applied for purposes of implementing this Comprehensive Plan. Residential development standards shall
be based on and be consistent with the following standards for residential densities as indicated below and
as elaborated in §1-2, Policies 1-2.1.1 through 1-2.1.6, herein:
RESIDENTIAL DEVELOPMENTS GROSS DENSITY
Low Density Residential (LDR) up to 5 units/acre
Mobile Home Development (MH) up to 5 units/acre
Medium Density Residential (MDR) and Riverfront Mixed Use up to 8 units/acre
High Density Residential (HDR) up to 12 units/acre
Policy 1-3.2.4: Non -Residential Development Standards. Land development regulations addressing
the location and extent of non-residential land uses shall continue to be enforced in a manner with the
Future Land Use Map and the policies and descriptions of types, sizes, and intensities of land uses con-
tained in this Element.
Policy 1-3.2.5: Performance Standards. The following performance standards incorporated in the land
development code shall be updated and refined as needed to reflect best management principles and
practices. Plan review functions shall be carried out by the Department of Growth Management and the
City Engineer, using as needed other professionals with demonstrated expertise in the issue under review.
a. Provide criteria for protecting wetlands;
b. Establish open space requirements;
c. Provide criteria for protection of potable water wellfields
d. Provide criteria for drainage and stormwater management;
e. Incorporate criteria for requiring off-street parking and managing internal traffic circulation as well as access to and egress
from the street system;
f. Mandate availability of requisite services and infrastructure;
g. Stipulate criteria for perimeter screening and buffering land uses and facilities which may otherwise adversely impact
development of adjacent land use;
h. Establish standards for erosion and sedimentation control;
i. Address historically significant properties meriting protection.
j. Require an assessment of the environmental impact of development during major site plan review and stipulate appropriate
performance criteria in the Land Development Code.
JBJECTWE 1-3.3: ENCOURAGE REDEVELOPMENT AND RENEWAL. The portion of the
City along the Indian River has a unique history, style, and look which the City seeks to preserve. By
January, 1998, the City of Sebastian shall adopt amended Iand development regulations for the Riverfront
area, including performance standards which ensure that land development activities, resource
DI.... 11.... �.. !l{.:_,..:.._e ....a D..t:......
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
and infrastructure issues are managed in a manner that will consider the needs of all the
*nservation
izens of Sebastian -- youth, seniors, residents, businessmen, sportsmen, etc.; develop a mixture of uses
and a variety of opportunities for recreational, residential and commercial uses; encourage progress while
protecting property rights; protect the environment while fostering compatible uses. The City shall
maximize the use of what already exists by protecting, restoring and enhancing the existing assets,
including historical structures, found in the Riverfront area. It is the intention of the City to preserve
those things that brought our citizens to Sebastian. The City will preserve Riverfront access. River and
ocean access is a treasure to be enjoyed by all of the citizens of Sebastian.
Policy 1-3.3.1: Code Enforcement Activities. Code enforcement activities shall be. continued as an
integral part of the City's regulation programs. The code enforcement program shall preserve and protect
structurally sound land improvements and land uses consistent with the Comprehensive Plan.
Policy 1-3.3.2: Public and Private Sector Partnerships. , The City shall coordinate redevelopment
issues with the private sector in promoting mobilization of public and private resources necessary to
effectively carry out redevelopment efforts, especially along the Indian River Drive corridor which
borders the Indian River Lagoon. (Cross-reference Policy 1-1.2.4).
Policy 1-3.3.3: Riverfront District. The Riverfront District is described as that part of the City of
Sebastian located from the Florida East Coast Railroad east to and including the Indian River Lagoon
north of the city limits general located at the south section line of section 6, township 31S, range 39E.
t
licy 1-3.3.4: Waterfront Theme. The overall theme of the Riverfront District is an "Old Florida
hing Village." All City facilities and projects shall compliment that theme in term of design. The City
.pall develop by January, 1999, procedures and ordinances, including architectural standards, urban
design standards, sign regulations and landscape requirements, to implement the theme through the Land
Development Code in all development activities.
Policy 1-3.3.5: Preserving Riverfront Access. River and ocean access is a treasure to be enjoyed by all
of the citizens of Sebastian. Access can be provided directly through boat ramps, docks and piers.
Access can also be provided visually through walkways, control of exotic vegetation, open space, scenic
easements, and breezeways. The City shall develop by January, 1998, procedures and ordinances to
protect and provide for access to the Riverfront District through the Land Development Code. The City by
January, 1999, shall develop programs and identify funding sources to acquire access to the Riverfront
District.
Policy 1-3.3.6: Preservation of Existing Assets. The protection, restoration, and enhancement of
existing assets, including historical structures, is important in implementing the "Old Florida Fishing
Village" theme. The City shall develop by January, 1998, procedures and ordinances to protect, encourage
restoration and to provide for enhancement of existing assets in the Riverfront District through the Land
Development Code. The City by January, 1999, shall develop programs and identify funding sources to
protect, restore and enhance the historical structures in the Riverfront District.
Policy 1-3.3.7: Reinforce and Enhance Appearance of City Gateways along the US 1 and CR 512
rridors. The City together with the private sector shall consider introducing landscaping and urban
ign amenities along gateways to the City particularly the US 1 and CR 512 corridors. Such
-ahancement shall include application of community appearance criteria which reinforces good principles
of design as well as preserving unique characteristics and open space for scenic vistas. The gateway
improvements shall also address the implementation of uniform streetscape amenities, enhanced signage
and intersection improvements.
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND IISE ELEMENT
.BJECTIVE 1-3.4: PREVENT LAND USE INCONSISTENT WITH CITY'S CHARACTER OR
IWNTERAGENCY HAZARD MITIGATION REPORTS AND COORDINATE COASTAL AREA
_ 0PULATION DENSITIES WITH HURRICANE EVACUATION PLANS. Beginning in January
1998, the City of Sebastian shall maintain land development regulations which ensure that future land
uses shall be compatible with the Future Land Use Map, and other applicable laws, ordinances, and
administrative rules regulating land and water resource management.. Similarly, if improvements are
proposed to an existing structure which do not conform or comply with regulations governing use,
setbacks, size, dimensions, height, density, or other location criteria, then: 1) in no case shall any existing
non -conforming or non -complying structures be increased; and 2) any existing non -complying structures
shall be eliminated or reduced to the greatest reasonable and practical extent.
The amended land development regulations shall include administrative procedures which ensure that any
development order approved by the City impacting population density within the coastal area is
coordinated with the Indian River County Hurricane Evacuation Plan and applicable regional or State
hurricane evacuation plans. Additionally, the City shall eliminate uses that are inconsistent with any
interagency hazard mitigation report deemed appropriate by the City. This objective shall be measured
through implementation of the following policies.
Policy 1-3.4.1: Managing Future Land Use. The Future Land Use Map and related policies together
with the Land Development Code (which shall be updated and adopted by September 1990). shall • be
applied as a planning and management tool in order to prevent development of land uses which do not
conform to the City's character as reflected in the City's adopted Future Land Use Map.
Oolicy 1-3.4.2: . Managing Improvements to Existing Non -Complying Structures and Non-
. onforming Uses. The Land Development Code standards regulating improvements to existing non-
complying structures as well as changes to non -conforming uses shall continue to be applied. Such
standards shall continue to require that plans for alterations to non -complying uses incorporate improve-
ments to bring the subject structure into compliance to the greatest reasonable and practical extent. In no
case shall any existing non-compliance be increased. Similarly, no non -conforming use may be enlarged
without reducing the extent of the non -conformity.
Policy 1-3.4.3: Interagency Hazard Mitigation Reports. Interagency hazard mitigation report shall
mean the recommendations of a team of federal, state, regional, or local officials which address measures
to reduce the potential for future flood losses and which is prepared in response to a Presidential Disaster
Declaration.
Policy 1-3.4.4: Coordinate Hazard Mitigation Reports with Development and Redevelopment. In the
event that Sebastian is included in a Presidential Disaster Declaration, the City shall use the interagency
hazard mitigation report as the basis for prohibiting redevelopment of uses which are inconsistent with the
report recommendations. Additionally, the City shall use the interagency hazard mitigation report to
prevent new uses which are inconsistent* with the report recommendations from locating in the area
included in the Presidential Disaster Declaration. Finally, should an interagency hazard mitigation report
be issued for Sebastian, the City shall consider adopting a program for eliminating existing uses which are
inconsistent with the report recommendations.
OBJECTIVE 1-3.5: PROTECTION OF ARCHAEOLOGICAL AND HISTORIC RESOURCES.
,eginning in January, 1998, any development which impacts a historic or archaeological site or structure
identified in the adopted. Comprehensive Plan shall be required to submit a site plan which illustrates how
the applicant will mitigate the adverse impacts. As a minimum, the site plan shall identify precautions to
be taken to prevent the following adverse impacts:
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
� Destruction or alteration of all or part of such site;
Isolation from, or alteration of the siurounding environment;
• Introduction of visual, audible, or atmospheric elements that are out of character with a property or alter its setting;
• Vegetation removal shall not be permitted on a historic or archaeological site unless the vegetation to be removed is a part
of a duly authorized scientific excavation, or is a part of an approved development plan;
• Transfer or sale of the site of significance without adequate conditions or restrictions regarding preservation, maintenance,
use or re -use; and
• Other forms of neglect resulting iri resource deterioration.
Policy 1-3.5.1: Programming --for Archaeological and Historic Sites. The City shall coordinate with
the State in developing programs for implementing City and State policies for identifying, preserving, and
enhancing sites of historical, and archaeological significance. Programs for identification, evaluation of
relative significance, protection, preservation, and enhancement shall be promoted, utilizing available
public resources at the local, State, and Federal level as well as available private sector resources.
Policy 1-3.5.2: Preventing Adverse Impact of Development on Historic or Archaeological Sites.
Development activities shall include precautions necessary to prevent the following adverse impacts to
historic or archaeological sites -of significance: 1) destruction or alteration of all or part of such site; 2)
isolation from or significant alteration to its surrounding environmeot; 3) introduction of visible, audible,
or atmospheric elements that are out of character with the property or significantly alter its setting; 4)
transferor sale of a site of significance without adequate conditions or restrictions regarding preservation,
aintenance, or use; and 5) other forms of neglect resulting in its deterioration.
OBJECTIVE 1-3.6: PROTECTION OF NATURAL RESOURCES. Beginning in January 1998, the
City shall maintain land development regulations which ensure 'that development and conservation
activities shall protect natural resources as directed by the below stated policies.
Policy 1-3.6.1: Future Land Use Policies for Managing Environmentally Sensitive Lands. Policies in
the Conservation Element for managing environmentally sensitive natural systems, including, but not
limited to, the Indian River Lagoon, the Sebastian River, Schumann Lake, Lake Hardee, Collier Creek,
the Elkcam Waterway, and other environmentally sensitive resources shall be carried out through
performance standards in the land development regulations. These and other natural resources identified
on the Future Land Use Map series shall be protected and/or preserved pursuant to. goals, objectives, and
policies stipulated in the Conservation Element. In addition, land development regulations provide more
detailed procedures and performance criteria to implement conservation and natural resource protection.
These land development regulations shall also provide for wetland preservation consistent with the
requirements and regulations of the St. Johns River Water Management District, FDEP, and the Corps of
Engineers .
Policy 1-3.6.2: Intergovernmental Coordination and Natural Resource Management. The City shall
coordinate with the State, the St. Johns River Water Management District, the Treasure Coast Regional
Planning Council, Indian River County, state agencies, and other agencies concerned with managing
natural resources. Such intergovernmental coordinating activities shall be directed toward protecting the
values and functions of respective natural systems.
olicy 1-3.6.3: Protect Habitats of Flora and Fauna Having Special ial Status. The habitat of rare,
,
endangered, and threatened species of flora and fauna and others having special status as identified in the
Conservation Element shall be protected.
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
.4olicy 1-3.6.4: Managing Stormwater Run-off. The developer/owner of any site shall be responsible
r managing on-site run-off.
Policy 1-3.6.5: Conservation of Potable Water Supply. The potable water supply shall be conserved
by enforcing conservation standards to be developed as part of the Land Development Code.
OBJECTIVE 1-3.7: PREVENT PROLIFERATION OF URBAN SPRAWL AND DEVELOP
EFFICIENT SYSTEMS FOR COORDINATING TEE TIMING AND STAGING OF PUBLIC
AND PRIVATE DEVELOPMENT. By December 31, 1998, the City shall have adopted land
development regulations which include performance standards ensuring that the location, scale, timing,
and design of development shall be coordinated with public facilities and services in order to prevent the
proliferation of urban sprawl and achieve cost effective land development patterns. Performance
standards consistent with those listed below shall also be adopted by December 31, 1998, which shall
direct future development only to those areas where provision of public facilities necessary to meet levels
of service standards are available concurrent with the impacts of the development.
• No premature or poorly planned conversion of rural land to other uses;
! No areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area;
• No areas of urban development or uses which fall to maximize the use of existing public facilities;
• No areas of urban development or uses which fail to use areas within which public services are currently provided;
• No leapfrog/scattered development or ribbon /strip commercial development patterns; and
• Consistent with criteria in Rule 9J-5.006(5).
olicy 1-3.7.1: Development Orders and Permitting Process. Development orders and permits for all
_uture development shall be timed and staged to assure that requisite infrastructure and services are
available to respective developments concurrent with the impacts of the development.
Policy 1-3.7.2: Design of Public Facilities and Utilities. Public facilities and utilities shall be located
and designed to: 1) maximize the efficiency of services provided; 2) minimize related costs; and 3)
minimize adverse impacts on natural systems.
Policy 1-3.7.3: Developments Not Served by Public Water and/or Wastewater Systems. All
developments in areas not serviced by public water and/or wastewater systems shall be governed by
applicable State laws and administrative regulations.
Policy 1-3.7.4: Accommodating Requisite Infrastructure. During the subdivision review, site plan
review, and permitting processes the City shall insure that respective future developments allocate
sufficient land area for infrastructure required to support proposed development.
OBJECTIVE 1-3.8: CONSIDER APPLICATION OF INNOVATIVE LAND AND WATER
RESOURCE MANAGEMENT AND ENERGY CONSERVATION CONCEPTS. Beginning in
January 1998, the City of Sebastian shall maintain land development regulations which incorporate
concepts. for managing land and water resources which are responsive to unique development -and
conservation issues identified in the City's Comprehensive Plan.
icy 1-3.8.1: Incorporate Innovative Techniques in the Land Development Regulations. The
�ity's amended land development regulations which shall be adopted by September 1990, shall
incorporate land and water resource management techniques which have been demonstrated to be
successful and cost effective in resolving development and conservation issues such as surface water
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
.4anagement, soil erosion and sedimentation control, land clearing and excessive tree removal, loss of
ature plants and wildlife habitat, and conservation of water supply.
Policy 1-3.8.2: Use of Energy. Site planning standards shall be adopted which require and/or provide
incentives to developers to incorporate energy conservation measures in site layout and design. Promote
practices that ensure that each form of energy is used to do work for which it is best suited. Recognize the
energy services provided by natural features of the environment including landscape, sun and wind, and
promote site development and resource management that complements or substitutes for energy -intensive
technologies.
Policy 1-3.8.3: Energy Efficient Land Development. Amended land development regulations shall
promote energy efficient land development. Recognize the relative energy dependency of commercial
and industrial land uses and consider energy dependency in any policy pertaining to new industry
promotion strategies or policy concerning maintenance or expansion of existing industry or commerce.
Encourage land use patterns that by location, scale, and design minimize long-term energy commitments
to construction, operation, maintenance, and replacement. Encourage natural resource conservation and
utilization in ways that are consistent with sound energy management principles.
Policy 1-3.8.4: Coordination of Energy Management. The City shall participate in regional, State, or
local initiatives directed at coordinating energy management within the public and private sectors. These
tasks may include joint formulation of energy related decisions with concerned federal, state, regional,
and County agencies as well as with concerned private entities. Such activities shall be directed toward
maximizing awareness of energy related problems, issues, alternative techniques for resolving energy
elated problems and issues, and to identify future areas where joint efforts may enhance mutual goals and
o-jectives,
Policy 1-3.8.5: Energy Efficiency in Plans. The City shall promote a systematic approach -to the
development of pedestrian and bicycle path networks by the public and private sectors in order to improve
energy efficient transportation links between major activity areas such as residential neighborhoods,
employment centers, shopping areas, parks, and schools.
Policy 1-3.8.6: Energy Efficient Design. The City's land development code shall include criteria which
requires and/or provides incentives for design techniques which reduce demand for artificial heating,
cooling, ventilation and lighting. Design factors may include building design, siting and orientation that
effectively utilizes natural solar resources, wind conditions, tree canopy, and plant material to reduce the
effects of exposure to extreme weather conditions. Energy efficient construction shall be promoted
through enforcement of the building and energy codes, through application of new and proven energy-
efficient technology and through cooperative efforts with building trades, design professionals, building
officials, and county, regional and state agencies concerned with energy conservation.
Policy 1-3.8.7: Energy Conservation in Building and Construction. The City shall enforce energy
efficient building codes and promote efficient energy conservation in building heating and cooling
systems. The City shall promote attendance at regional training workshops in energy efficiency in
construction and continue to foster cooperative relationships between building trades, architects,
engineers and building officials.
4kJECTIVE 1-3.9: INTERGOVERNMENTAL COORDINATION. Beginning in January1998, the
City shall maintain land development regulations incorporating administrative procedures to ensure
efficient coordination of land and water management issues surrounding proposed. development are
carried out in a timely manner with all public entities having jurisdictional authority.
Comprehensive Plan Goals, Objectives and Policies
flan i inn
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
olicy 1-3.9.1: Implementing Intergovernmental Coordination. The City shall require that
evelopment applications be coordinated, as appropriate, with Indian River County, the Indian River
county School Board, other special districts, the Treasure Coast Regional Planning Council (TCRPC), the
St. Johns River Water Management District, as well as applicable State and Federal agencies prior to
issuance of a development order or permit. The City shall coordinate with the TCRPC in meeting
regional policies contained in the Regional Comprehensive Policies Plan.
OBJECTIVE 1-3.10: CONTINUING LAND USE PROGRAMS. The City shall implement land use
goals and objectives by carrying out a continuing program of land use activities below cited.
Policy 1-3.10.1: Land Use Information System. Establish, maintain, and periodically update the land
use information system, integration of the Tax Appraiser property files, City Planning Department field
data, Building and Zoning Department permit files, engineering base maps, and all other relevant land use
data files.
Policy 1-3.10.2: Land Use Trends. Monitor and evaluate population and land use trends.
Policy 1-3.10.3: Fiscal Management. Implement fiscal management policies of the capital
improvement program and budget.
Policy 1-3.10.4: Administer Land Use Controls. Administer adopted land use controls, including the
zoning ordinance, subdivision regulations, building regulations, housing code, traffic regulations, and
,regulations governing streets and sidewalks.
Policy 1-3.10.5: Public Assistance. Provide continuing land use information and assistance to. the
public.
Policy 1-3.10.6: Intergovernmental Coordination. Coordinate land development issues where
applicable with other public agencies at all levels of government pursuant to the Intergovernmental
Coordination Element of this plan.
Policy 1-3.10.7: Manage Current Developmental Impacts. Evaluate and manage impacts of proposed
development pursuant to existing ordinances, including, but not limited to, public facilities, natural
environment, and impact on stable residential neighborhoods.
Policy 1-3.10.8: Urban Design and Community Appearance. Good principles of urban design shall be
applied through site plan review procedures in order to enhance general community appearance as well as
to preserve and enhance open space and landscape. This program shall assist in protecting major natural
and man-made resources within the City, including such scenic natural resources as the Indian River
Lagoon, the Sebastian River, the Collier Creek natural drainage corridor, Schumann Lake, as well as
developing residential neighborhoods and centers of commercial or institutional activity.
Policy 1-3.10.9: Special Land Use Studies. In order to maintain land use policies responsive to
changing conditions, problems, and issues, the City shall undertake special studies as needed to develop
s ecific local strategies for resolving unanticipated land use problems and issues.
JBJECTTVE 1-3.11: CONTINUING EVALUATION OF LAND USE ELEMENT
EFFECTIVENESS. The City shall use the following policies as criteria in evaluating the effectiveness
of the Land Use EIement. .
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND IISE ELEMENT
a*agraftude,
olicy 1-3.11.1: Review the Impact of Change Indicators on Land Use Policy. Trends in the
distribution, and characteristics of population and land use shall serve as indicators ofpossible
_.ranges in land use needs. The policy implications of major trends in land use characteristics shall be
evaluated on a continuing basis. Land use policy shall be refined as needed in order to remain responsive
to evolving problems and issues.
Policy 1-3.11.2: Schedule, Budget and Implement Programmed Activities. The timely scheduling,
programming, budgeting and implementation of programmed land use activities identified in this Element
shall be evidence of the City's effectiveness in carrying out a systematic program for implementing
adopted land use goals, objectives and policies.
Policy 1-3.11.3: Coordinate with Public and Private Sectors. While continually implementing and
evaluating the Land Use Element, the City shall maintain a process of intergovernmental coordination as
well as coordination with private sector groups interested in land use policy and programs. The
effectiveness of this approach shall be evaluated by the success of coordination mechanisms in resolving
land use problems and issues.
Policy 1-3.11.4: Achieve Effective Resolution of Land Use Goals, Objectives, and Policies. The
effectiveness of the Land Use Element shall be measured by the City's success in achieving land use
goals, objectives, and policies. The Land Use Element incorporates a systematic planning process for
identifying land use problems and issues and implementing corrective actions.
1*
•
Comprehensive Plan Goals, Objectives and Policies
09/21 /99
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