HomeMy WebLinkAbout2019 06 25 - IRC Administrator Jason BrownINDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
180127` Street, Vero Beach, FL 32960-3388
June 25, 2019
Mr. Paul Carlisle, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Agenda for June 26, 2019, Item 12.A., First Reading Ordinance No. 0-19-04,
Petition for Voluntary Annexation — Graves Brothers Company — Set Public
Hearing for August 28, 2019
Dear Mr. Carlisle:
It is my understanding that the City of Sebastian ("City") City Council ("Council") is
considering a petition for voluntary annexation submitted by Graves Brothers Company
which is set for first reading at your regularly scheduled Council meeting on June 26s'. I
am writing to you to note various issues of concern that have been identified by County
staff. I wanted to provide this both before tomorrow's Council meeting and in plenty of
time before the August 28"' public hearing.
First, adequate water/wastewater capacity does not exist solely for this area for the
specific purpose of approving the voluntary annexation. In fact, the proposed annexation
demands exceed the Indian River County Department of Utility Services' (IRCDUS)
existing St. Johns River Water Management District (SJRWMD) Consumptive Use
Permit (CUP -10524-9), which is limited to a total withdrawal allocation of 12.83 million
gallons per day (MGD) from 2021 through 2031.
Second, pursuant to both section 6.08 of the Interlocal Agreement Providing for the
Transfer of the City of Sebastian Water and Wastewater System and Chapter 163, Florida
Statutes, the expansion of water/wastewater facilities must be consistent with the Indian
River County 2030 Comprehensive Plan. It is important to note that the area of proposed
annexation is located outside the County's Urban Service Area. Additionally, there are
no improvements identified in the Capital Improvements Element of the 2020
Comprehensive Plan for serving this 1,100 -acre property. Finally, the proposed
development of the subject property does not meet the County's New Town policies.
Thus, the provision of water/wastewater services to the subject property would appear to
be in conflict with the County's 2030 Comprehensive Plan.
Page 2 of 2
IRCDUS has not been contacted by the City, the Graves Brothers Company, or their
engineer, Schulke, Bittle & Stoddard, LLC, with respect to water/wastewater capacity or
service for the subject property. IRCDUS has identified issues with respect to portions of
the report presented to the Council (Pages 73, 78, 79, 85 and 90), which are attached for
reference. IRCDUS may be able to service this area, however, these services should not
be assumed as stated in the annexation back-up material.
County staff has numerous concerns related to traffic and transportation infrastructure
needed to serve the development of the annexed area as proposed. We will need to
discuss 82"d Avenue design, right-of-way acquisition, construction management, and
maintenance responsibilities. We will also need to discuss limits on CR -510 roadway
access and the limited availability of driveway connections on CR -510. Additionally,
there may be other concurrency issues that we will need to address.
As we only heard of the scheduled first reading on Friday last week, I welcome a chance
to meet with the City to further discuss these issues.
E.
Enclosures: Page 73/128 - Agenda for June 26, 2019
Page 78/128 - Agenda for June 26, 2019
Page 79/128 - Agenda for June 26, 2019
Page 85/128 - Agenda for June 26, 2019
Page 90/128 - Agenda for June 26, 2019
cc: Lisa Frasier, Community Development Director City of Sebastian
Rich Szpyrka, Public Works Director Indian River County
Stan Boling, Community Development Director Indian River County
Roland Deblois, Interim Community Development Director Indian River County
Vincent Burke, Utilities Services Director Indian River County
Dylan Reingold, County Attorney Indian River County
OFFICE OF THE COUNTY ADMINISTRA TOR
INDIANRIVER COUNTY
180127 1h Street, Vero Beach, FI 32960-3388
PHONE: 772-226-1408 - FAX: 772-978-1822
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HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: 26 June 2019
Agenda Item Title: Ordinance 0-19-04 — Petition for Voluntary Annexation — Graves Brothers
Company
Recommendation: Hold first reading for Ordinance 0-19-04. If approved, set second reading and public
hearing for 28 August 2019.
Background: In accordance with Florida Statute 171.044, Voluntary Annexation and the City
of Sebastian Comprehensive Plan; the property owners, Grave Brothers Company represented by Mr. Jeff Bass,
have requested a voluntary annexation into the City of Sebastian. The subject property consist of 1,118 acres,
more or less, located south of County Road 510 ROW, west of lands adjacent to the 74'h Ave ROW, north of 69ih
Street ROW, and east of 82"d Ave ROW. The subject property is currently vacant agricultural land in
unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of
Sebastian. The proposed development is adjacent to the service boundary for municipal services and has provided
capacity concurrency for County utility services. Current zoning will remain with the County until such time as
the applicant provides petition to the City for a zoning amendment.
The applicant has requested a mix of future land use designations in order to achieve consistency with the city's
adopted Future Land Use Element of the 2009 Comprehensive Plan. The property currently maintains an active
agricultural use so the zoning will remain as Agriculture A-1 until such time as conceptual planning has been
completed for the property. A Statement of Impact and Concurrency Analysis has been submitted by the
applicant as Attachment "A".
Following consideration of the Ordinance at first reading, a notice of the proposed annexation will be published in
the local newspaper for 2 consecutive weeks and posted for 4 consecutive weeks at City hall. Prior to publication,
a notice shall be provided to the board of county commissioners via certified mail.
If Aaenda Item Requires Exoenditure of Funds: N/A
Administrative Services Department/CFO Review:
Attachments: 1. Ordinance 0-19-04
2. Staff Analysis Report
3. Attachment "A"— Request Letter & Statement of Impact and
Concurrency Analysis from applicant
City Manager Authorization:
Date: 26 June 2019
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HOME OF PELICAN ISLAND
Community Development Department
Annexation Application - Staff Analysis
June 26, 2019
Re: Graves Brothers Company— Voluntary Annexation Request
The property owners have requested a voluntary annexation into the City of Sebastian. The subject property
consist of 1,118 acres, more or less, located south of County Road 510 ROW, west of lands adjacent to the 70'
Ave ROW, north of 69"' Street ROW, and east of 82nd Ave ROW. The subject property is currently vacant
agricultural land in unincorporated Indian River County ([RC), contiguous to the existing corporate limits and
boundaries of the City of Sebastian. The proposed development is adjacent to the service boundary for municipal
services and has provided capacity concurrency for County utility services. Current zoning will remain with the
County until such time as the applicant provides petition to the City for a zoning amendment.
The applicant has requested a mix of future land use designations in order to achieve consistency with the city's
adopted Future Land Use Element of the 2009 Comprehensive Plan. The property currently maintains an active
agricultural use so the zoning will remain within Indian River County as A-1 until such time as conceptual
planning has been completed for the property. A Statement of Impact and Concurrency Analysis has been
submitted by the applicant as Attachment "A".
STAFF FINDINGS
1. A petition for annexation has been executed by the owners of the subject property and is consistent with
Chapter 171 F.S. The property has been found to be coterminous with a part of the boundary of the
municipality. "The separation of the territory sought to be annexed from the annexing municipality .... a right-
of-way for a highway, road, railroad, canal, or utility; or a body of water, watercourse, or other minor
geographical division of a similar nature, running parallel with and between the territory sought to be annexed
and the annexing municipality, shall not prevent annexation under this act, provided the presence of such a
division does not, as a practical matter, prevent the territory sought to be annexed and the annexing
municipality from becoming a unified whole with respect to municipal services or prevent their inhabitants
from fully associating and trading with each other, socially and economically".
2. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan.
a. Obiective 1-1.2: Agriculture Land Use which recognizes annexation of existing agricultural lands
until such a time that urban growth is contiguous and agricultural activities are no longer
economically sustaining. These Policies provide for a holding period to ensure orderly development
that provides economic development opportunity through a mix of industrial, commercial and
housing that conforms to the City's Comprehensive plan and LDC in order to achieve diversification
of the municipal tax base.
b. Obiective 1-2.10: Annexation Studies which promote planning for annexations to prevent urban
sprawl and disjointed urban service delivery systems by providing an analysis of land use, traffic
circulation, concurrency, drainage, and environmental protection. Fiscal impact analysis and
contribution to the City's tax base has been included. Parameters of the Annexation Studies include:
Analysis of Area in accordance with Comprehensive Plan Data, Inventory, and Analysis
a) A conceptual development plan has been presented that proposes multiple Land Uses in order to
meet the City's Comprehensive Plan. Land Development Regulations will provide the final
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determination of densities and intensities allowed within the proposed development at time of site
planning. Comprehensive Plan data, inventory and analysis reference a deficit in industrial,
commercial and multi -family residential land uses in the City.
ii. Fiscal Impact Analysis and contribution to the City's tax base: A fiscal analysis of the proposed
project reflects the potential annual net fiscal gain to the City at final buildout = $7,030,099.
a) Total assumed annual taxable revenue including Ad Valorem taxes, Utility taxes, and
Franchise Fees = $6,483,109/year.
b) Stormwater Utility Fee was incorrectly calculated and the actual value = $546,990/year
c) Recreation impact fee one tune revenue = $3,680,505.
iii. Concurrency Analysis: Level of Service (LOS) impacts have been addressed as part of the
annexation request and change in Future Land Use.
a) Transportation: Planned improvements to thoroughfare roads on perimeter of property will
provide a favorable grid network providing multiple means of access and egress from the
development. These improvements are programmed for funding at various stages with the
Florida Department of Transportation (FDOT) and IRC. Improvements to these corridors
will open up these lands on the southern border of Sebastian for future development. The
development proposes an internal network that will support a compact development concept
and assist in the distribution of traffic.
b) Utilities: Currently, IRC maintains existing water and sewer transmission mains on CR 510
along the north boundary and utilities will be extended south of the Urban Services Boundary
along the east property line with the development of Liberty Park PD TND. Public utilities
are available to this site with available capacity.
c) Drainage: The property is bisected by several drainage canals controlled by the Sebastian
River Improvement District (SRID) and conceptual plans show additional stormwater ponds
throughout the development.
d) Recreation: Institutional and Recreational public lands are conceptually presented and will
be addressed during land use and zoning.
e) Environmental Protection: Conservation land use designation has been proposed to preserve
ecologically sensitive areas of the property. Open space requirements will be defined during
site plan development.
3. Indian River County Future Land Use Element
The City is seeking adequate commercial and industrial lands to accommodate its economic development
needs and many have pointed to the 510 corridor as a place to meet those needs. For over two years, the
City was in negotiations with Indian River County and other municipalities in the county to enact an
Interlocal Service Boundary Agreement (ISBA) primarily to address the issue of annexation. No
agreement was reached however, annexation reserve areas were proposed for Sebastian that included
lands south of CR 510 to 69"' Street. The ISBA and the Comprehensive Plan support coordination with
IRC as part of the annexation process to encourage annexation of larger contiguous areas as opposed to
piecemeal annexations being governed by different sets of development regulations. This may lead to
lack of coordination, poor urban design and a corridor that does not function as well as it should.
A meeting was held with IRC regarding future growth along CR 510 and 82nd Ave due to the FDOT and
IRC planned corridor improvements that will trigger real estate speculation, annexations, and future land
use amendments. IRC stated that this area may be a potential for a new town development under the IRC
Future Land Use Element. However no new town shall be established unless it meets the minimum size
requirement of 1500 contiguous acres for lands east of 1-95. The proposed project consists of 1,118 acres
of property and does not meet this criterion though; the proposed development meets the underlying
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I . Impact on Public Facilities and Services.
Generally, the site lies at a very advantageous location which supports urban
development. The site is the benefactor of existing and planned thoroughfare roads,
existing water and sewer utilities, and existing SRID drainage facilities, which can
support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan
roads will provide a favorable grid network of streets, providing multiple means of access
from all directions. The road network will ensure that traffic generated by the site
development will not overburden one or two thoroughfares, that residents and employees
of the site can conveniently access or depart the area with little risk of delays or
hindrances, and most importantly, both city and Indian River County emergency services
will have multiple alternative routes to serve the site.
The site will have thoroughfare roads on its entire perimeter:
The FDOT is preparing for the extension of 82 "d Ave on the site's west boundary from
SR60 to CR510, and the widening of CR510 along the site's north boundary from 2 to
four lanes from US1 to CR512. The initial extension of 74th Ave along the sites east
boundary from CR510, % of a mile south, and the extension of 81" street from 66'h Ave
to 74' Ave will be completed as a condition of approval by the IRC approved Liberty
Park PD TND. This project would ultimately complete the 74th Ave extension along the
southern % of its east boundary to 69th St. Once the 81St St extension is completed, 69"' St
on the sites south boundary will connect 821d Ave to US 1 to the east.
The site will have several thoroughfare roads extending into and creating
thoroughfare intersections internal to the site:
78"' and 801h Ave in the north south direction, and 73`d, 77", and 81" streets in the east
west direction.
See Exhibit A — Location Map and Thoroughfare Plan Road Network (contiguous to the
site)
See Exhibit B — Site Thoroughfare Plan Network and SRID Canals
The site is located adjacent to the county Urban Services Area on its north and east sides.
The official boundary in this vicinity is CR510 (north of CR510), and 66th Ave (east of
66'" Ave). However, the county has already effectively moved the boundary from 66`h
Ave to 74th Ave with the approval of the Liberty Park PD TND, a mixed use development
with over 900 units and 200,000 sf of commercial use. Consequently the effective county
urban service line is at the sites east and west boundary. Irrespective of the COUNTY'S
urban service line location, Article 6 "Operating, Maintenance and Expansion of the
Sebastian Utility System" of the "Interlocal Agreement Providing for the Transfer of the
City of Sebastian Water and Wastewater System" adopted Sept 20, 1995 between IRC
and the City of Sebastian provides that IRC has an affirmative duty to expand the system
inside and outside of the city, and to provide service by the county's water and
Page 4 85 of 128
In addition to payment into the impact fee program, IRCDUS requires that all
developments construct and pay for all the requisite utility extensions to the site, and all
the internal utility infrastructure (collection, transmission and distribution mains). Once
constructed, IRCDUS requires that the developer turn the facilities over to the utility
department.
Drainage:
The drainage level of the service standards outlined in the city's land development code,
Chapter IX — Concurrency Management, include:
1. Post development run-off shall not exceed pre -development run-off for a 25 -year
24-hour event.
2. Treatment of run --off from the first I inch of rainfall on-site.
All developments, at time of site plan application, are reviewed for compliance with local
and state storm water regulations, which require on-site retention and pollutant
abatement, preservation of floodplain storage and minimum finished floor elevations. In
addition, development proposals must meet the discharge criteria of the city storm water
ordinance, the local drainage district (S.R.I.D.) and the state -environmental permitting
agency (S.J.R.W.M.D.). Therefore, any future development on the site would be
prohibited from discharging any runoff in excess of the pre -development discharge rates
and prohibited from discharging pollutants in excess of pre -development volumes.
Further, the large majority of the site lies within Flood Zone X, outside of the 100 year
flood hazard area, and the site lies entirely within the Sebastian River Improvement
district (SRID), a chapter 189 and 289 Improvement district which is responsible for the
implementation, operation and maintenance of a water control plan and stormwater
drainage by gravity within the district boundaries. Consequently, adequate facilities are in
place to ensure the site has adequate and legal drainage capabilities. In addition, the
S.R.I.D. limits post development discharge rates to no more than 2" run-off volume in a
24 -how- period. This requirement substantially exceeds the city's pre -post discharge
requirement.
Prior to any site development approval, the city's land development regulations require
that the proposed development plan provides sufficient evidence that the project, when
constructed and operating, will meet or exceed the local and state requirements. Further,
the City has adopted and implements a stormwater program to ensure the long-term
viability of all stormwater systems. The development of this site would be subject to
those requirements, including the payment of an annual Stormwater Impact assessment
(levied through the annual property tax assessment). The estimated stormwater fee
collected by the city from the site when developed is $325,060 per year. (see Section 2.0 -
Fiscal Analysis).
Recreation:
The parks and recreation level of the service standards outlined in the city's land
development code, Chapter IX — Concurrency Management, include 5 acres* of park
areas for every 1000 residents in the city, as well as various quantities of recreation
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