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HomeMy WebLinkAbout2005 - DCA Report & FindingsSTATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" THADDEUS L. COHEN, AIA JEB BUSH Secretary Governor April 18, 2005 The Honorable Nathan B. McCollum Mayor, City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor McCollum: l�E Cs � I V E D MAY %005 SY: 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, Recomm=endations, 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, 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: http_//www_dca_�tate_.fl_us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING ESIERGENCY .MANAGE•SIENT HOUSING 6 COMMUNITY DEVELOPMENT 2796Ovrrseas I likhway, Suile 11 2 2555 Shumard Oak B0u1rvJT(I 155551 um,rd Wktloulrvavd 2555 Shumant (JA Etuulew,d tWr.tl hon, FL 3305(=2227 Tallahassee. FL 32399.2100 Tallaha,wo. FL 32199-2100 Tallahaurr, EL 32399-2100 (305)289-2.102 Mot 488.2156 Lanni 4 13 (8501 488-7956 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 Il, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the City 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 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. 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 to Rule 9J-11.010, F.A.C. OBJECTIONS, RECOTNE lENDATIONS 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: 1) 05-02 (Cypress Bend Subdivision) —pending annexation, approximately 46.1 acres changing from County C-3 (Conservation — Idu/2.5ac) to City LDR (Low Density Residential - 5du/ac). 2) 05-05 (Cross Creek Addition) — pending annexation, approximately 25.55 acres changing from County R (Rural Residential - Idu/ac) to City LDR (Low Density Residential — 5du/ac). 3) 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). 1) Obiection 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 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. Provide 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. 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 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 current and projected demands on roadways based on projected growth and programmed funding. 1 of 2 21 Obiection to amendment 1 (Cypress Bend Subdivision 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. H. 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 ®MAN hn5River 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 f /tis On the Internet at www.sirwmd.com. March 16, 2005 D. Ray Eubanks, Administrator Plan Review and Processing Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2 100 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 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 or pbrowrr@sjrwnul.com. Siinnc^erely, 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 Ometnas D. Long. CHAIRMAN David G. Graham, VICE CkL AIRMAN R. Clay Albright. SECRETARY Duane O'JACKSONV"E Easu'.Ea APOPKA J`CK�'1'°LLE Susan N. Hughes William Ken Ann T. Moose W. Michael Branch John G. Sowinski BUNNEV_ ,ACKSIDWILLE FERPIAPIO�PIA BEACH ORLANDO hIELeOURhiE BEACH F - \ \ �D W . \ 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 I - 2005 Plan �.. __j & DRI Pr,,,.,.-_. 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 Cyprus 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 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, ?I- Frederick Gaske, Director 500 S. Bronough Street • Tallahassee, FL 32399-0250 • http://ivww.flheritage.com O Director's Office O Archaeological Research V Historic Preservation O Historical Museums (850) 245-6300 • FAX: 245-6136 (850) 245-6444 • FAX: 245-6436 (850) 245-6333 • FAX: 245-6437 (850) 245-6400 • FAX: 245-6433 O Southeast Regional Office O Northeast Regional Office O Central Florida Regional Office (954) 467-4990 • FAX: 4674991 (904) 825-5045 • FAX: 825-5044 (813) 272-3843 • FAX: 272-2340 Department of G_ C i FLoRl AEnvironmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard, MS 47 Colleen M. Castille Governor Tallahassee, Florida 32399-3000 Secretary March 15, 2005 �O Mr. Ray Eubanks Florida Department of Community Affairs Plan Review and DRI Processing Team 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 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 Statutes,.and .Chapters 9J-5 .and 9J-11, Florida Administrative .Code, .and we have the following comments and suggestions: Ordinance 0-05-02 The proposed amendment would .change .the land use .designation on .a 46 .acre .parcel from Indian River County C-3 (Conservation, I 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 flatwoods 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 he 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!Co.unty.as having potential for zxcessive wetness,. ponding.and.high water table during rainy periods. According 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 inthis -area -can have .direct impacts,to groundwater. Under :section.62-40.3.1.0(.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 will .bean issue .of _concern. The Department recommends that the applicant consider a full range of planning strategies to minimize impacts to groundwater.and nearby wetlands .by limiting impervious surfaces and clustering structures away from wetland areas and reserving much of the land as open space for a common view in .accordance with Rule 9J-5.006(5)(1)..Stormwater treatment should .be .designed .to maintain .the natural predevelopment hydro—period and water quality, as well as to protect the natural functions .of .the .adjacent wetlands. Prior to finalizing infrastructure .development .plans for .the subject parcels, we recommend that delineation and water management district verification of the landward extent.of wetlands and surface waters be obtained, in.accordance with guidelines of Rule 62-340, F.A. C. Wetlands within the parcel should be designated "Conservation" to prevent encroachment after initial construction, even if -surrounding land use designations are later amended. Thank you for .the .opportunity to .comment on this proposal. If I may be .of further assistance, please call me at (850) 245-2172. Sincerely, SES, Suzanne E. Ray Environmental Specialist Office of Intergovernmental Programs /ser - AW s � c, Florida Department of Transportation DIRECTOR OF TRANSPORTATION DEVELOPMENT—DISTRICT 4 JEB BUSH 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 JOSE ABREU GOVERNOR Telephone: (954) 777-4411 Fax: (954) 777-4197 SECRETARY Internet Email: Qerry.oreilly(o dot.state.fl.us Toll Free: 1-866-336-8435 March 18, 2005 Mr. Ray Eubanks, Community Program Administrator L---- Plan Review and DRI Processing TeamMAR 2 5 2005 Department of Community Affairs2555 Shumard Oak Boulevard "-- -- Tallahassee, FL 32399-2100 n - - Ssit Dear W. 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 continents or questions about this letter, please contact me at (954) 777-4490. GO:LH 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 & COMNIENTS RESPONSIBLE DIVISION/BUREAU: Planning; Department NAME OF LOCAL GOVERNMENT: City of Sebastian DATE PLAN RECEIVED FROM LOCAL GOVERNNNfENT: 2/15/05 DATE MEMORANDUM RECEIVED FROM DCA: 2/18/05 REQUIRED RETURN DATE FOR COMMENTS: 3/18/05 ELENENT: Various annexed parcels Future Land Use Element DCA Amendment # 05-1 RULE DEFICIENCY: 9J -5.005(2)(a), 9J -5.006(2)(a), 9I 5.006(3)(b)l, 9J -5.019(3)(d) 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. OBMCTION: 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: 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 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. 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 Iong-range impacts to I-95, including the 1-95/CR-512 interchange, and how the City will mitigate identified impacts to the roadway network. DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMENTS RESPONSIBLE DIVISIONBUREAU: 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 COMN=S: 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) 9J -5.006(3)(b)1 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 SIS 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. Ii i.2;1111:3`�i Larry !Lymowitz. AICP PHONE: 954-777-4490 REVIEWED BY:, Nancy Ziegler PHONE: 954-777-4490 DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMYINDATIONS & 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 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. 9 0- 05-02 (46 acres), Cross Creek Subdivision Ord. 90-05-05 (26 acres), and The Hammocks Ord. 40-05- 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 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: 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. • i n� Larry Hymowitz. AICD PHONE: 954-777-4490 REVIEWED BY:. Nancy Ziegr PHONE: 954-777-4490 TREASCJRE COASJT �-EGZO=NA�=�PLANNING�C=O.UNCIL FF IND_IA'N RIVER =Mkl TI-N----hALM BEACH'-. STLU CIE �i 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: 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 Statutes. If you have any questions, please feel free to call me. Sincerely, Terry L. Hess, AICP Deputy Director TLH:sh Enclosure "B r i n g i n g C o in in it n i t i e s T o g e t b e r" E s 3 0 1 E a s t O c e a n Boulevard - Suite 3 0 0 - Stu art, F l o r i d a 3 4 9 9 4 phone (772) 221-4066 - SC 269-4060 - Fax (772) 221-4067 - E-mail - admin(a�terpc.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 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. Table 1 Proposed Amendments to the Future Land Use Map City of Sebastian Comprehensive Plan, DCA Ref# 05-1 Amendment Approx. Current FLUNI Proposed FLUNNI Approximate Location lumber/Name 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 West 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. Legend to FL UNI Designations 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) 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 previousl% 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. FLUN-1 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. 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. Ob'ections. Recommendations for Modification. and Comments A. Objections 1. None B. Comments Amendment 05-2 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 y consist of preserved or planted vegetation but waterway banks. The buffer zone ma should include native species only. Recommendation Council should adopt the above comments and approve their transmittal to the Department of Community Affairs. Attachment City 6fNcebastian . Ir .......... 401 PROPOSEA) I-UTUR111, IANI) USE FOR SUBJECT AR111AS AN 1) ABU'T'TING PR 0 PE I tll E -S 4k . ILI, IL AIM 0, Calhonno F1 7??I7 (407)W-4771 0 —1 LEGEND FUTURE LAND USE: RrS frWrITLALUSC L(nr Dsgy - a.fP I 5w/GI `.�P tO LIU 101 cf -mm L rk' :ML J M I EL, N4', I IQNTILA�S rP-A L . Ir .......... 401 PROPOSEA) I-UTUR111, IANI) USE FOR SUBJECT AR111AS AN 1) ABU'T'TING PR 0 PE I tll E -S 4k . ILI, IL AIM 0, Calhonno F1 7??I7 (407)W-4771 0 —1 �30 I 29 _ ' INDIAN RIVER COUNTY FUTURE LAND USE MA' ADJACENT AREAS r � O _ 32- \ 30 - _-7— b r 13 r'yi-''j -77 12 •r E -Yq l- r p�� t: �2 ". 4 13 ,`••� ref` , ,�� I r ~� 3 z �\ IAN AS_ S I c� ME �N� I WABASSO RD CR 510 cb b ^1! # Sfoaaaaav ��\ �� ,35 IV 1 ♦ 1 AG -4 1 UNIT/5 AC AG -2 1 UNIT/10 AC AGS ISE Y 3 iTNITS/1 AC L-2 1 UNIT/20 AC 6 UNITS/1 AC B CID M-4 c-4 0 UNITS/1 AC RC2 1 UNIT/40 AC 8 UNITS/1 AC OM2 10 UNITS/l AC �1 Muni* MUNICIPALITY 1 T VKTVP/7 C A 0 T)T IDT TO R UP TO 1 UNIT/AC RC REGIONAL COMM. NOTE: C-2 and C-3 boundaries are contingent upon environmental surveys. << r .� 0 INDIAN RIVER COUNTY, FLORIDA ZONING MAP o ;c �,: t In(•IJr v�• LEGrND _ _ _ — srcnnN unurt eupumrnxr — — — ynl<r nnu rP.\rl rl.nru nns .. nnvl r roNr n PunNn.\ul i l�nlfrlN vrllxl`nPnI1N nNl Y Il�v! Ntl Wit NA\ll'.IIA I'll I`I111•IIMNNII ]I'II AS TI Nlll� it ll. AN115 t;NI1 lI.l'lll Ali inn '!11 InIYxxlt �1-IIA1A 11.YN IIII i111.AN11<11N1r 11 .1'11111)Illn INFORMATIONAL PLAT -'NOT A SURVEY Libort3i C. R. 151 OF Magnet School ME ITU -