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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 SecrEW L, M c. Q3 -n U_ 3 � a Ca ], 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 t �4 oge ,\tib''• CG 1" 2 Q, \71rr nnnnuuunnorry INS ,,AA INS •• ND � c`\Mocw� -13 a = /� L ••, IND i ,'?�",•��\cy �� `cw Air oa Sebastian ` {D \\ LDR INS \% COr{�cc CG =N CG 0\ / 1.11 . d ci c IND G\\\\\\ 7 OR ca "O CN Dim\ INS _ ^ tw _ / \ / "r1 �'— -7 IND O ,e / LDR 7E1 MH t-ryg isT'+r,' Ir n rrtlrr�rrr■nnrr) LDR m - 1IN 1 ¢�'.tfrt� it 0 ''C � IIN j nrnr�� m LDR MO rn - - jye NS i.np 4 = Voc Ile Avenuz INS O CG \ ' - LDR LDR I' \ CG LDR CO INS IN I I MD I I IND L R /'17 i gee MDR ait i� M CL CLi C 05 r- INS � �' [-tour rel m COR INS IND �nn'•I, o LDR lr LDR r CL INS \ :N INT\ \ MN IN INS Strat n-:ii■I��t�� \ C \�` INS �Inq�+ -tt11f,1■tt 111 Vltert/tlre■tf \D 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....� t \ \ lnnn.l � mpiled by: City of Sebastian and Solin t Associates,Inc. I Restricted DeveloWerrt (Cmssrererence Table 1.1 derunion) Corservation Areas * II # # m L m # r # r L ONV to m # r L Uv M t P# LS U O Y m y d L # r U L a m _C Q Nit L L L m C # r 'L L N i[' # v-. # y r # It L. 0- .0 C L v-. m # L r # # G J0 y L m yL•m # Q r vv # # L Vv .� 41 a # . 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N* # O u O• ••- > .-• L •� C m < O # O. # C L U II • W -- Y m .- L •• L u .__.J m L m L {r qqtt--C-aa N W V ✓ L Vl - a✓ U u0 O u a Y 4>v y --• O 7 C L fT� C # # mOy dL N OCL OUaCICCY-m Lyv� mL-.� # O y C z•- L LII.5 0 0 E L L EE OL m j c E ^ •Up # v # # # m O i m O O' w- L • CL ym✓CU OLfuc-0 ONLu��+� * # # # ••- u U L L L L L S' u On m L L 0 # L✓✓ L C-6 V U p U✓ v.. u w L •- J C L^ # t C U C.0 m U u L J X m N L v- -+. Y m m y y ± b M M M V9 V C L rn ✓ m L M y �. O# ; u L m C L L 2 -• L C Ot C • S •�• v -r C y .�. p < 7 -• d •- h O m L O J L L^ L to L c✓ m C % LLy 1L •LmL - 0 aY L- CL>YLNu�CLU L# .m^Ly uCL •m`CL. L L O L - L X U O L C Y L mOm m :9 V) m m ..- L- L 7 CO O L C-> OC yj�O L L OOzm< UNYLLO ✓ 0- U •dQ✓L^0yLL L 41 UOcm•N O m O. Vp c- m-JNwII L N L ,2a cm 0 CC ca d� >mC La Lcya V N •mL 7 ca •OO p CCLc3a LOOu # L U O •V.✓�.0m7L. •LLL�uCCL CC �7 Ly m tL Y vmL _ # # C O Y y .•C y- oLSL# # >L # L 7- O v.7OUL OC tCol •�_yL •a.vm�. tQLL77. m-- 0w+•7�L+• LL> •- ymC m '-.LLCL�- .0LL IIIIGL•Ou- y C to to OL uLmUm > L &L LYL L C La mU# L > ay L > O'UL IIV1 y L L# O - L L - U m L 2 - - U ✓+CCLL+- C✓ L OL OL M•r••.V.m.m.Oit ..- V O O m O - -1 U L UuLuum C >L O Ll U - rLYCyL>' #f######## C•-LL L 7 0to L L# •YFUL•• it L mL mLomO CL 0 U �.O u y m UOIIL C ->LL Y7 `y"myCy HK((}} L ►tF UCOM."Wwo-<ymL-0YCy>C yL � yOv•-yL �vL######ii#i LLLqq �f a�•Uv^✓>O-y'- w¢.vLtLmLT-. LL L } 77�L Q /� 0.2 Lu i*###*##{#.###.######ki L +1 tYmdQ 1 U t u w cc # *# Q O W ... # O# v # t # # # # # to # # it # # 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 7 ,t4 - �i d f z M., ? • PE L.J 0 U 9 Cd .,q En Cd v 41 O 4J U N W I N b0 H H N U) co 4 a x a� EO 0 p U .IN V] U U � O a� ani ani u avHHU En 0 .� U ^O^ � 3Uo ai V1 ^, u a� LIHH� � y N .r..q Cd :11:4 --LLL N bD 03 a C F"I `.J O O N N 00 I N Cd U