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Home My WebLink AboutO-21-01 Comprehensive PlanORDINANCE NO.0-21-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF SEBASTIAN COMPREHENSIVE PLAN IN ITS ENTIRETY, EXCLUDING THE ECONOMIC DEVELOPMENT ELEMENT, PURSUANT TO 1633184 (3), FLORIDA STATUTES; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN COMPREHENSIVE PLAN 2040, INCLUDING AMENDMENTS TO THE LAND USE ELEMENT AND THE FUTURE LAND USE MAP, THE TRANSPORTATION & MOBILITY ELEMENT, THE HOUSING ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CONSERVATION & COASTAL MANAGEMENT ELEMENT, THE PARKS, RECREATION, & OPEN SPACE ELEMENT, THE GOVERNANCE & IMPLEMENTATION ELEMENT, AND THE PUBLIC SCHOOLS ELEMENT; INCLUSIVE OF ALL ASSOCIATED TABLES, EXHBITS AND MAPS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSLSTENTWITH THIS ORDINANCE; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The City of Sebastian, Florida, has adopted a comprehensive plan by Ordinance 0-98-01 and subsequently amended by Ordinance 0-08-10,; and WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the City of Sebastian's Comprehensive Plan in its entirety, excluding the Economic Development Element, in accordance with Chapter 163.3184(3); and, WHEREAS, the City Council has provided notice of the proposed Comprehensive Plan 2040 Amendment and has conducted the requited public hearings to receive citizen input; and, WHEREAS, the Comprehensive Plan contains goals, objectives, and policies to guide the development of the City of Sebastian through the year 2040, addressing land uses, transportation & mobility, housing, infrastructure, conservation & coastal management, parks, recreation & open space, governance & implementation, and public schools elements; and, WHEREAS, the Planning and Zoning Commission of the City of Sebastian, acting as the Local Planning Agency, held a public hearing at its duly noticed October 15, 2020 public meeting to consider the proposed Comprehensive Plan amendment and recommended that City Council adopt the same; and, WHEREAS, the City Council has reviewed and considered all relevant evidence, information and testimony, as well as the recommendations of the Planning and Zoning Board, witnesses, the public, and City staff and has determined that the proposed amendment is in compliance with Chapters 163.3184 and 166.041, Florida Statutes; and, WHEREAS, the adoption of the City's Comprehensive Plan furthers the health, safety and welfare of its citizens, local businesses and visitors of the City; and, WHEREAS, all the necessary hearings and public notices, in conformity with the procedural and substantive requirements of Florida Statutes and the Comprehensive Plan have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Ratification of Recitals. The City Council of the City of Sebastian, Florida, hereby adopts and ratifies those matters as set forth in the foregoing recitals. Section 2. Comnrehensive abut amendment. The amendment to the City of Sebastian Comprehensive Plan 2040 is hereby adopted amending the Goals, Objectives & Policies and Data Inventory & Analysis, including the Future Land Use Map incorporated by reference, for the following elements: Land Use, Transportation & Mobility, Housing, Infrastructure, Conservation & Coastal Management, Parks, Recreation & Open Space, Governance & Implementation, and Public Schools, as set forth in the attached Exhibit "A". A certified copy of the Sebastian Comprehensive Plan 2040 shall be located in the City Clerk's office. Section 3. Transmittal. The City of Sebastian shall transmit within ten (10) working days, the amendment or amendments and appropriate supporting data and analyses to the reviewing agencies in accordance with 163.3184(3)(b)l, Florida Statute, and as specified in the State Land Planning Agency's procedural rules.. Also, the City of Sebastian shall transmit a copy of the amendments and supporting data and analyses to any other local government or governmental agency that has filed a written request with the City of Sebastian. Section 4. Severablllty. The provisions of this Ordinance are intended to be severable. If any provision of this Ordinance is determined to void or declared illegal, invalid, or unconstitutional by a court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. Section 5. Reoeal of Laws in Conflict. If any ordinances, or parts of ordinances, or if any sections, or parts of sections, of the Ordinances of the City of Sebastian, Florida, are in conflict herewith, this Ordinance shall control to the extent of the conflicting provisions. Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent, may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be thirty-one (31) days after the state land planning agency notifies the City of Sebastian that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance in accordance with 166.3184 (3)(c)(4), Florida Statute. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 27th day of January , 2021, by Council Member Bill . The motion was seconded by Council Member Jones and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Jim Hill aye Council Member Fred Jones aye Council Member Bob MCPartlan aye Council Member Chris Nunn aye ATTEST: anetle William, MMC rty Clerk - .ma EBASTOLN Ste..§ HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Mestinq Date: June 23, 2021 Agenda Item Title: Second Reading of Ordinance 0-21-01 providing for the transmittal of the City of Sebastian Adopted Comprehensive Plan 2040 in accordance with the State Coordinated Review Amendment Process Section 163.3184(2) and (4), Florida Statutes Recommendation: Adopt Ordinance 0-21-01 on Second Reading providing for the transmittal of the Adopted City of Sebastian Comprehensive Plan 2040 Backqround: The City of Sebastian has amended the City of Sebastian's Comprehensive Plan in its entirety, excluding the Economic Development Element, in accordance with Chapter 163.3184 and has conducted the required public hearings to receive citizen input. The Comprehensive Plan contains goals, objectives, and policies to guide the development of the City of Sebastian through the year 2040, addressing land uses, transportation & mobility, housing, infrastructure, conservation & coastal management, parks, recreation & open space, governance & implementation, and public schools elements. Following the City Council's review and consideration of all relevant evidence, information and testimony at this public hearing, staff requests the approval of Ordinance 0-21-01 on second reading (Attachment 1). The City of Sebastian shall transmit within ten (10) working days the Approved Comprehensive Plan 2040 httl)s://ww",.citvofsebastian.org Document( . `Ji i�'i I .dimr CombinedPlan FINAL 06152021?bidld, along with the DEO ORC report and proposed response letter (Attachment 2), to the State Planting Agency and any other agency or local government that provided timely comments. Within 30 days after the local government adopts the plan amendment, if no challenge is filed, the amendment becomes effective after the DEO notifies the local government that the amendment package is complete. Staff is prepared to answer any questions regarding the amended plan and request approval to proceed with the transmittal process. Please find all relevant documents on the city website at www.citvofsebasfian.ore. If Agenda Item Requires Exoenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Ordinance 0-21-01 Comprehensive Plan 2040 2. DEO ORC Report and Proposed COS Response Letter June 2021 Administrative Services Department Review: City Attorney Review: Procurement Division Review, If applicable: City Manager Authorization: Date: _ =� ORDINANCE NO.O-21-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF SEBASTIAN COMPREHENSIVE PLAN IN ITS ENTIRETY, EXCLUDING THE ECONOMIC DEVELAPMENT El MENT9 PURSUANT TO 163.3184 (3), FLORIDA STATUTES; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN COMPREHENSIVE PLAN 2040, INCLUDING AMENDMENTS TO THE LAND USE ELEMENT AND THE FUTURE LAND USE MAP, THE TRANSPORTATION & MOBILITY ELEMENT, THE HOUSING ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CONSERVATION & COASTAL MANAGEMENT ELEMENT, THE PARKS, RECREATION, & OPEN SPACE ELEMENT, THE GOVERNANCE & IMPLEMENTATION ELEMENT, AND THE PUBLIC SCHOOLS ELEMENT; INCLUSIVE OF ALL ASSOCIATED TABLES, EXHIBITS AND MAPS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENTWITH THIS ORDINANCE; PROVIDING FORS R'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The City of Sebastian, Florida, has adopted a comprehensive plan by Ordinance 0-98-01 and subsequently amended by Ordinance 0-08-10,; and WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the City of Sebastian's Comprehensive Plan in its entirety, excluding the Economic Development Element, in accordance with Chapter 163.3184(3); and, WHEREAS, the City Council has provided notice of the proposed Comprehensive Plan 2040 Amendment and has conducted the required public hearings to receive citizen input; and, WHEREAS, the Comprehensive Plan contains goals, objectives, and policies to guide the development of the City of Sebastian through the year 2040, addressing land uses, transportation & mobility, housing, infrastructure, conservation & coastal management, parks, recreation & open space, governance & implementation, and public schools elements; and, WHEREAS, the Planning and Zoning Commission of the City of Sebastian, acting as the Local Planning Agency, held a public hearing at its duly noticed October 15, 2020 public meeting to consider the proposed Comprehensive Plan amendment and recommended that City Council adopt the same; and, WHEREAS, the City Council has reviewed and considered all relevant evidence, information and testimony, as well as the recommendations of the Planning and Zoning Board, witnesses, the public, and City staff and has determined that the proposed amendment is in compliance with Chapters 163.3184 and 166.041, Florida Statutes; and, WHEREAS, the adoption of the City's Comprehensive Plan furthers the health, safety and welfare of its citizens, local businesses and visitors of the City; and, WHEREAS, all the necessary hearings and public notices, in conformity with the procedural and substantive requirements of Florida Statutes and the Comprehensive Plan have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. as follows: Section 1. Ratification of Recitals. The City Council of the City of Sebastian, Florida, hereby adopts and ratifies those matters as set forth in the foregoing recitals. Section 2. Comprehensive clan amendment. The amendment to the City of Sebastian Comprehensive Plan 2040 is hereby adopted amending the Goals, Objectives & Policies and Data Inventory & Analysis, including the Future Land Use Map incorporated by reference, for the following elements: Land Use, Transportation & Mobility, Housing, Infrastructure, Conservation & Coastal Management, Parks, Recreation & Open Space, Governance & Implementation, and Public Schools, as set forth in the attached Exhibit "A". A certified copy of the Sebastian Comprehensive Plan 2040 shall be located in the City Clerk's office. Section 3. Transmittal. The City of Sebastian shall transmit within ten (10) working days, the amendment or amendments and appropriate supporting data and analyses to the reviewing agencies in accordance with 163.3184(3)(b)1, Florida Statute, and as specified in the State Land Planning Agency's procedural rules.. Also, the City of Sebastian shall transmit a copy of the amendments and supporting data and analyses to any other local government or governmental agency that has filed a written request with the City of Sebastian. Section 4. Severability. The provisions of this Ordinance are intended to be severable. If any provision of this Ordinance is determined to void or declared illegal, invalid, or unconstitutional by a court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. Section 5. Repeal of Laws in Conflict. If any ordinances, or parts of ordinances, or if any sections, or parts of sections, of the Ordinances of the City of Sebastian, Florida, are in conflict herewith, this Ordinance shall control to the extent of the conflicting provisions. Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent, may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be thirty-one (31) days after the state land planning agency notifies the City of Sebastian that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance in accordance with 166.3184 (3)(cx4), Florida Statute. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall he sent to the state land planning agency. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon fast reading this _ 27th day of January . 2021, by Council Member Hill . The motion was seconded by Council Member Jones _ _ and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn aye aye aye aye aye ATTEST: ��/Z� 'YZ.LLCC' t�lJ,tx�-&h'VW, Jeanette William, MMC ('ity Clerk ADOPTION The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2021. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA LE Ed Dodd, Mayor Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Jr., City Attorney This ordinance is effective the day of , 2021, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities. Ron DeSands GOVERNOR The Honorable Ed Dodd Mayor, City of Sebastian Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 Dear Mayor Dodd: DE,j FLORIDA DEPARTMENT$ ECONOMIC OPPORTUNITY April 16, 2021 Dane Eagle EXECUTIVE DIRECTOR The Department of Economic Opportunity ("Department") has completed its review of the proposed comprehensive plan amendment for the City of Sebastian (Amendment No. 21- 01ER), which was received and determined complete on February 17, 2021. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II, F.S. The attached Objections, Recommendations, and Comments Report outlines our findings concerning the amendment. We have identified an objection and have included recommendations regarding measures that can be taken to address the objection. We are also providing seven (7) comments. The comments are offered to assist the local government but will not form the basis for a determination of whether the amendment, if adopted, is "In Compliance" as defined In Section 163.3184(1)(b), F.S. Copies of comments received by the Department from reviewing agencies, if any, are also enclosed. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of the Department's attached report, or the amendment will be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)(e)1., F.S. Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.FloridaJobs.or,l www.twi"er.com/FLDEO Iwww.facebook.com/Fl-DEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTYMD equipment via the Florida Relay Service at 711. The Honorable Mayor Dodd April 16, 2021 Page 2of2 Department staff is available to assist the City to address the objection and comments. if you have any questions related to this review, please contact Wisnerson Benoit, Planning Analyst, by telephone at (850) 717-8524 or by email at Wisnerson.Benoit@deo.myflorida.com. Sincer, ly, mes D. Stansbury, Chief Bureau of Community Planning and Growth JDS/ wb Enclosures: Objections, Recommendations, and Comments Report Procedures for Adoption Reviewing Agency Comments cc: Lisa Frazier, Community Development Director, City of Sebastian Thomas Lanahan, Executive Director, Treasure Coast Regional Planning Council Objections, Recommendations and Comments Report Proposed Comprehensive Plan Amendment City of Sebastian 21-01ER The Department of Economic Opportunity has identified an objection and seven comments regarding the City of Sebastian's proposed comprehensive plan amendment. The objection and comments are provided below, along with recommended actions the City could take to resolve issues of concern. If the City adopts the plan amendment without adequately addressing the objection, the Department may find the amendment not in compliance with Chapter 163, Part 11, Florida Statutes (F.S.), pursuant to section 163.3184(4)(e)4., F.S. Comments are offered to assist the local government and will not form the basis for a compliance determination. Department staff has discussed the basis of the report with local government staff and is available to assist the City to address the objection and comments. L Objection: Staff recommends the following objection in response to the proposed amendments: Objection 1: Coastal Management Element -Peril of Flood The proposed evaluation and appraisal based comprehensive plan amendment adequately addresses the requirements of Sections 163.3178(2)(f)1-3 and 5., Florida Statutes (F.S.). However, the amendment lacks policy language that meets the requirements of Sections 163.3178(2)(f)4 and 6., F.S. Section 163.3178(2)(f)1-6., F.S., requires that the Coastal Management Element include the following: (f) A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component must: 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. S. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with Chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. Statutory Authority: Sections 163.3177(6)(g) and 163.3178(2)(f)4 and 6., F.S. Recommendations: To comply with Section 163.3178(2)(f)4, F.S. the amendment should be revised to state that redevelopment shall "be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60." To comply with Section 163.3178(2)(f)6, F.S. the amendment should also be revised to state that "The City shall seek to continue its participation in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents." The Department's staff are available to provide further assistance with these planning efforts, including providing examples of policies adopted by other communities to address the peril of flood requirements. Objection 2: Future Land Use Mao Series 163.3177(1)(f), F.S., requires that all mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data. The proposed maps, Map 1-10 (Coastal High Hazard Area) and Map 5-6 (Storm Surge Zones), do not utilize the most current versions of the Sea, Lake, and Overland Surges from Hurricane (SLOSH) Model data. The source of the maps is "Treasure Coast Region Florida Regional Evacuation Study Program for Indian River, Martin, Palm Beach, and St. Lucie Counties" Treasure Coast Regional Planning Council, 2010, however more recent studies are available. Statutory Authority: Section 163.3177(1)(f) and 163.3177(6)(a)10.d.(VI), F.S. Recommendation: Prior to adoption, these maps should be updated to reflect the most recent 2016-2017 SLOSH model data available from the Florida Department of Emergency Management or the City's emergency manager. Objection 3: Multimodal Facilities in Map Series Section 163.3177(6)(b)1., F.S., requires the Transportation and Mobility Element (TME) to include a map or map series showing the general location of the existing and future transportation system features that are coordinated with the future land use map or map series. The amendment does not provide maps that show the general location of transportation features such as existing pedestrian and bicycle facilities or proposed transit routes, facilities and/or improvements as required pursuant to Section 163.3177(6)(b)l., F.S. Statutory Authority: Section 163.3177(6)(b)l. and 163.3177(6)(a)8., F.S. Recommendation: Prior to adoption the amendment should be revised to include the following maps: - Proposed transit routes, facilities and/or improvements. - Existing and proposed number of lanes for the City's roadways. Objection 4: Concurrency Management The St. Johns River Water Management District advises that in order to adequately address all of the water supply and facility concurrency requirements of Section 163.3180(2), Florida Statutes (F.S.), the City's concurrency management system must ensure that both adequate water supplies and potable water facilities are available to serve development no later than the date on which the City anticipates issuing a certificate of occupancy. In addition, the concurrency management system must include consultation with the applicable water supplier during the permit review process and prior to approval of a building permit to determine if adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy. The proposed policies within the Infrastructure Element and Government and Implementation Elements related to the City's concurrency management system do not appear to address all of the requirements of Section 163.3180(2), F.S. Statutory Authority: Section 163.3180(2), 163.3177(6)(a)3.e., 163.3177(6)(h)2., F.S. Recommendation: To comply with Section 163.3180(2), F.S. the Plan should be revised to address all concurrency management system requirements. Statutory language may be adopted verbatim so that the amendment reads to the effect of: - "Sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place and available to serve new development no later than the issuance by the City of a certificate of occupancy or its functional equivalent". - "Prior to approval of building permit or its functional equivalent, the City shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent". Additionally, the City should coordinate with the St. Johns River Water Management District to ensure all the concurrency management requirements are completely addressed. II. Comments: Staff recommends the following comments in response to the proposed amendments: Comment 1: Land Use Element —Annexation Studies Proposed Land Use Element Policy 1-2.4.1 does not provide meaningful and predictable standards which indicate under what circumstances the City will require an analysis for areas considered for annexation. The open-ended language may result in arbitrary decision making and unpredictability in the determination of whether facilities and services will be in place in a timely cost-efficient manner to serve the annexation area and the corresponding region. Prior to adoption the amendment should be revised to include standards to guide when annexation studies will be required. Comment 2: Population Discrepancies There is discrepancy between the reported population numbers and maximum densities described in Tables 1-4 and 1-6 and the text of their respective Land Use Element Data Inventory and Analysis (DIA) section. The text of the "Population Trends and Projections" section of the DIA indicates that BEBR's official population estimate as of April 1, 2020 is 25,658 residents. However, Table 1-4 presents the 2020 population as 25,957. In the text of the section "Build Out Analysis" of the DIA the maximum construction of residential dwelling units is indicated to be 4,706, but Table 1-6 indicates the total maximum residential dwelling units as 4,922. Prior to adoption discrepancies between these sections text and tables should be reconciled, if necessary. Comment 3: Coastal Resiliencv Plan The City of Sebastian's Coastal Resiliency Plan is cited repeatedly throughout the Plan's Coastal Management Element and throughout the Plan. The stated purpose of the Coastal Resiliency Plan is to support the current Comprehensive Plan update. The Plan provides vital data and analysis such as the City's Vulnerability Assessment and develops an Adaptation Action Plan. Prior to adoption, the City should consider including the Plan into the Data Inventory and Analysis of the Conservation and Coastal Management Element section to further support the comprehensive plan. Comment 4: Incorrect Statutory Reference Prior to adoption, the amendment should be revised to correct the incorrect statutory reference in Conservation and Coastal Management Element Objective 5-2.1. The objective references the statute section which defines Coastal High Hazard Area as section "163.3178(2)(h)9," however the correct citation is 163.3178(2)(h), F.S. Comment 5: Transportation LOS Standards The Transportation and Mobility Elerhent DIA Tables 2-4 through 2-6 are based upon the 2009 FDOT Quality/LOS (QLbS) Handbook. Prior to adoption the amendment should be revised for the LOS tables to reflect the updated service volumes reported in the 2020 FDOT QLOS Handbook. SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED; Please submit electronically using the Department's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" htts: loridaiobs.secure.force.com or submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM In Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Effective: June 2, 2011(Updated March 2021) Page 1 of 2 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format; In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. Effective: June 2, 2011 (Updated March 2021) Page 2 of 2 From: Plan Review To: Eubanks. Rav; Cc: Plan Review Subject: [EXTERNAL] - Sebastian 21-01ER Proposed Date: Wednesday, March 17, 20213:42:49 PM Attachme,w 1 -2nn To: Ray Eubanks, DEO Plan Review Administrator Re: Sebastian 21-01 ER — State Coordinated Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state. resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please submit all future amendments by email to plan.review(uWoridadc%gov. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at (850) 717-9037. d�• F From: Steve EINIhhgo To: XPexternalaaen cc: Lisa Frazier subject: [8ffff(NA-1 - City of Sebastian proposed comprehensive plan amendments 21-1ER Date: Monday, March 15, 2021 11:23.10 AM Attachments: 1rna9e002,png Dear Mr. Eubanks, St. Johns River Water Management District (District) staff have reviewed City of Sebastian proposed comprehensive plan amendments 21-1ER in accordance with the provisions of Chapter 163, Florida Statutes. Based on review of the submitted materials, District staff provide the following technical assistance regarding regional water supply. 1. In order to adequately address all of the water supply and facility concurrency requirements of Section 163.3180(2), Florida Statutes (F.S.), the City's concurrency management system must ensure that both adequate water supplies and potable water facilities are available to serve development no later than the date on which the City anticipates issuing a certificate of occupancy. In addition, the concurrency management system must include consultation with the applicable water supplier during the permit review process and prior to approval of a building permit to determine if adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate'of occupancy. The proposed policies within the Infrastructure Element and Government and Implementation Elements related to the City's concurrency management system do not appear to address all of the requirements of Section 163.3180(2), F.S. If you have any questions or need additional information, please contact me. Please note that all proposed and adopted comprehensive plan amendments can be submitted to the District by email at fi z ibbons(�sjrwmd.com. Thank you. Steven Fitzgibbons, AICP Intergovernmental Planner Division of Strategic Planning and Initiatives St. Johns River Water Management District 7775 Baymeadows Way, Suite 102 Jacksonville, FL 32256 Office (386) 312-2369 Website: www.sirwmd.(om Connect with us: Newslettff, Fac ebook, Twitter • losUBram, youTube, PintP,rest � www.sjrwmd.comiePermit We value your opinion. Please take a few minutes to share your continents on the service you received from the District by clicking this ]ink Notices • Emails to and from the St. Johns River Water Management District are archived and, unless exempt or confidential by law, are subject to being made available to the public upon request. Users should not have an expectation of confidentiality or privacy. • Individuals lobbying the District must be registered as lobbyists (§ 112.326 1, Florida Statutes). Details, applicability and the registration form are available at http://www.sjrwmd.com/lobbyist/ Revision: 3/8/2021 TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: City of Sebastian From: Staff Date: March 3, 2021 Subject: Local Goverment Comprehensive Plan Review Draft Amendment to the City of Sebastian Comprehensive Plan Amendment No. 20-01 ER Introduction The Community Planning Act, Chapter 163, Florida Statutes, authorizes the regional planning council to review local government comprehensive plan amendments prior to their adoption. The; regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the Strategic Regional Policy Plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from the City of Sebastian was received on February 10, 2021. The proposed amendments will replace the City's Comprehensive plan in its entirety, excluding the Economic Development Element This report includes a summary of the proposed amendments and Council comments. Summary of Proposed Amendments The proposed amendment is a complete re -write of the City's comprehensive plan, with the exception of the Economic Development Element, and contains goals, objectives, and policies to guide the development of the City through the year 2040. The City's map series has been updated as well as the data inventories and analyses within each revised element. The new plan contains the following elements: Land Use; Transportation & Mobility; Housing; Infrastructure; Conservation & Coastal Management; Parks, Recreation, & Open Space; Governance & Implementation; Public Schools; and Economic Development. City stag indicates that this plan provides an approach to the City's vision based on a realistic analysis of carrying and development capacities while reflecting the City's Livability and Smart Growth initiatives. The City has provided the new elements for review. Because of the extensive volume of material in the amendment package, the revisions will be provided upon request. The proposed new elements, summarized below, will: Land Use Element • Establish designations and patterns to guide sustainable growth and development within the City • Encourage mixed use development • Promote transfer of development rights or incentives for the protection of natural resources Incorporate emergency preparedness measures for natural and man-made disasters to ensure resilience • Encourage low -impact development, sustainable, and energy efficient building design and practices • Guide growth management principles that prevent sprawl • Require adequate infrastructure and public facilities • Encourage the utilization of design standards and Form -Based Code principles • Promote infill development and redevelopment • Require protection of historical and cultural resources Transportation & Mobility Element • Encourage complete streets and transit -oriented development principles to improve accessibility and livability • Support efforts toward bicycle and sidewalk connections, and greenway and trail opportunities • Make safety and a safe mobility network a City priority • Require Level of Service standards and concurrency . • Support utilizing transportation system management principles to maximize operations in the existing transportation system; reducing emissions, and reducing the need for increased laneage on roadways • Require coordination of the transportation system with the Future Land Use Map to ensure that existing and projected population densities, housing, and employment patterns are consistent with proposed mobility modes and services • Establish policies to guide the continued development of the Sebastian Municipal Airport and related facilities Housing Element • Ensure the provision of a sufficient supply of housing options to meet the City's existing and future population • Encourage the preservation, rehabilitation, reuse, and maintenance of the City's existing housing stock and historic structures • Encourage provision of affordable housing opportunities, including for workforce and low- and moderate -incomes households, by encouraging the adoption of incentives for the development of affordable housing to meet existing and future housing demand • Ensure that opportunities for group homes and foster care facilities and housing for the elderly are provided within the City • Conserve the useful life of the City's existing housing stock through programs directed toward preserving neighborhood quality, conservation of natural resources, maintenance of community facilities, and code enforcement • Promote a diverse mix of housing stock that is well -integrated with the City's mobility network • Encourage sustainable construction methods and energy efficiency in the development and rehabilitation of housing 2 Infrastructure Element • Require essential public facilities be provided concurrent with the impacts of new development to prevent urban sprawl • Ensure adequate wastewater facilities and services for the City • Encourage mitigation strategies that will increase the City's adaptive capacity in the case of sea level rise and chronic flooding scenarios • Ensure cost-effective and environmentally -sound solid waste management and recycling services within the City • Require adequate stormwater drainage to protect against flood conditions and prevent degradation of surface and groundwater quality • Conservice potable water supplies and the protection of shallow and deep aquifer water resources • Encourage updating the 2013 Storinwater Management Master Plan to appropriately identify existing conditions, future needs for planned growth, and approaches to address existing and potential deficiencies in the City's existing stormwater management system Conservation & CoastaI Management Element • Ensure the protection of the City's natural resources such as lakes, rivers, wetlands, wildlife, shoreline, air quality, marine resources, native vegetation, and environmentally sensitive lands • Maintain policies and regulations to protect and improve the City's water quality and quantity • Ensure the protection of the City's coastal shoreline as well as the protection of the City's residents and infrastructure from sea level rise and flooding risks • Consider sustainability and environmental -consciousness to promote the utilization of green infrastructure • Focus on sustainability measures including green building design, green jobs, and green. infrastructure • Limit public expenditures in areas subject to destruction by flood risk and natural disasters • Encourage the implementation of mitigation strategies to prepare against flooding and sea level rise as well as the maintenance of the City's floodplains • Ensure the City is prepared in the case of a natural disaster or emergency through planning and intergovernmental coordination • Coordinate with Indian River County to provide immediate response to post -disaster situations • Establish an Adaptation Action Area (AAA) Overlay District and Transfer of Development Rights (TDR) program to further resiliency measures within the City • Ensure development is' compatible with sensitive coastal and wetland resources Parks, Recreation, & Open Space Element • Establish Level of Service standards for parks and recreation facilities • Require the development of a City Parks System Master Plan to identify and plan for the maintenance of existing facilities and development of new facilities • Promote the conservation of environmentally sensitive open space, environmental teaching, and sustainability efforts at parks • Require utilization of native plants and Florida Friendly Landscape techniques and utilize low - impact development strategies to reduce stormwater runoff from parks and recreation facilities • Evaluate the potential purchase of land for parks, recreation, conservation and open space needs 3 • Maintain land development codes that include performance criteria that are designed to protect lands designated as natural reserves or open space, including the Indian River Lagoon and the St. Sebastian River. • Emphasize multi -modal access to all public recreation sites (i.e. pedestrian, bicycle, and vehicular) • Encourage community outreach and promote environmental education activities • Identify City coordination efforts with the public and private sector agencies to provide and promote recreational opportunities. • Include blueways, waterways, and boating in parks, recreation, and open space planning Governance & Implementation Element • Ensure intergovernmental relationships are established and maintained to effectively meet the needs of the residents • Identify intergovernmental strategies for each element of the comprehensive plan to ensure coordination of all City planning activities • Develop a program to evaluate and measure the goals, objectives, and policies of the comprehensive plan • Ensure the City has an intergovernmental mediation process established in order to achieve conflict resolution • Require the adoption of the Capital Improvements Schedule to ensure public improvements meet adopted Level of Service standards • identify funding resources to ensure the timely installation and maintenance of needed public facilities and require prioritization criteria for capital improvement projects • Require the City to adopt policies and procedures to address the management and utilization of debt for the purposes of capital project financing • Require the City to ensure that new developments share a proportionate share of the costs required to maintain adopted Level of Service standards • Require the city to continue to operate a financially feasible Concurrency Management System for the review of all proposed development Note: The Capital Improvement Program annual budget for Fiscal Year 2020-2025 is included. Public Schools Element • Require the City to coordinate with the School District of Indian River County. to correct existing deficiencies and address future needs through implementation of adopted Level of Service standards and appropriate public school facilities • Encourage the siting and design of school facilities to serve as focal points for the community and ensure compatibility with adjacent land uses • Encourage safe student access by coordinating the construction of new and expanded neighborhoods with safe road and sidewalk connections to schools Economic Development Element • Provide a target list of primary and secondary industry clusters for start-up, relocation, and expansion in the City • Provide criteria and potential incentives for new or expanding businesses in the City • Support the continual development and maintenance of a skilled labor force through the availability of education and training programs and opportunities 4 • Identify steps to ensure that appropriate sites are available in the City for desired commercial and industrial developffient that supports the City's economic strategies • Promote strategies to enhance the City's current and future economic competitiveness • Identify ways to improve the attractiveness of the City for alternative energy and other green/sustainable businesses and industries • Provide special lease arrangements at the Sebastian Municipal Airport that mitigate construction and future costs • Require the City to provide technical assistance to ensure regulations are appropriate to foster existing and potential businesses that will assist the City's economic development planning efforts Note: This element was not updated. However, it was formatted to be consistent with the other elements of the new comprehensive plan. Re6onal Imnacts No adverse effects on regional resources or facilities have been identified. Extraiurisdictional Impacts Council requested comments from local governments and organizations expressing an interest in reviewing the proposed amendment on February 16, 2021..No extrajurisdictional impacts have been identified. Conclusion Council commends the City for their extensive public outreach efforts during the process of: developing this draft comprehensive plan. Comprehensive plans should reflect the vision, needs, and desires of its community members. The proposed City of Sebastian Comprehensive Plan 2040 provides a roadmap that is not only thorough in its policies but easily understood for use by all stakeholders. No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. However, Council offers the following recommendations for consideration by the City prior to adoption: Comment l: Policy 1-1.3.9 should be revised to target non-residential uses to major intersections: and appropriate infill corridors. Comment 2: The City may want to consider mapping the annexation reserve areas and including that in the map series of the comprehensive plan. Comment 3: In Policy 1-2.4.1, Council staff suggests the City consider making studies mandatory for certain factors such as size or potential impacts. Comment 4:.Policy 4-1.1.2 should be revised to include transportation and recreation Level of Service standards and reference the corresponding policies in the respective elements. This will make the list comprehensive and ensure that these standards are not missed by a casual user of the comprehensive plan. 5 Comment 5: Policies 4-1.2.1, 4-1.2.2 and 4-1.2.5 concerning on -site wastewater treatment do not appear to be consistent with each other. Policy 4-1.2.2 includes text which prohibits permitting of new on -site wastewater treatment systems but Policy 4-1.2.1 allows for them if sewer service is more than 500 feet away and Policy 4-1.2.5 seeks to limit "extensive use" of new septic tanks. Council suggests a clear approach to this issue that treats infill on platted residential subdivision lots (such as the GDC areas) differently from commercial uses. and new subdivisions. The GDC areas could have provisions allowing houses to be constructed with new septic systems if there is no extension of sanitary sewer to serve the lot but require connection when the lines reach the property; with more explicit prohibitions on septic systems for other areas. The City is encouraged to not allow the use of septic systems in any new developments due to the proximity to natural areas, sea level rise, and flooding that exacerbate the nutrient impacts of septic systems. It will be difficult to make progress on converting from septic to sewer if new septic systems continue to be built. Council Action — March 8, 2021 The next scheduled Council meeting is March 19, 2021. In order to avoid unnecessary delay and meet the 30 day agency review deadline, Council's Executive Director, Thomas J. Lanahan, approves this report and authorizes its transmittal to the City of Sebastian and the Florida Department of Economic Opportunity. Attachments 6 Exhibit General Location Map List of Exhibits 9 B r¢ v a r d C o u n t y — o City of —,� qa orchid. 0 Sebastian I I a 1 Indian River County �i reuemerr. all in �— �. _.._. C' -- mI rvl m, U� NGIRmd fttl\ N yr I i N W-* - S Treasure Coast Regional Planning Council Jane2glg 0 1 2 3 41.41es Okeechobee County St. Lucie County M TLW*1m (Yi I e Rd i N 2 From: To: Cc: • Cowin. Kelly D.; Benoit Wisnerson; SUVhanle Hgidt: hn• Gardner -Young, Cantu. l jo Ee�rl]aQ;1S[i�.�, Fasiska..S�; 0- ; Wallace.�. Larry. Prieto. Adolfo: Carver. Jennifer Subject: [EXTERNAL] - City of Sebastian 21-1ER - FDOT District Four Review Date: Thursday, March 18, 20219:19:12 AM Attachments: imaoe001.ona Sian 21-OIER LH draft d Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of Transportation (FDOT) reviewed the proposed City of Sebastian EAR based amendment 21-1ER. FDOT is providing technical assistance comments consistent with Section 163.3168(3), Florida Statutes. The attached technical assistance comments will not form the basis of a challenge. These comments can strengthen the local government's comprehensive plan in order to foster a vibrant, healthy community and are designed to ensure consistency with the Community Planning Act in Chapter 163, Part II, F.S. Upon request, FDOT can consider assistance to the City in pursuing its comprehensive plan objectives. The Department requests a digital copy from the City of all adopted comprehensive plan amendment materials, including graphic and textual materials and support documents. * It is appreciated if the City could include responses to the Department's comments as part of the adoption. If you have any questions, please do not hesitate to contact me. Thank you. Larry Hymawkz Planning Specialist, Polley and Mobility Planning Section Planning & Environmental Management - FDOT District Four p: (954) 777-4663 f: (9S4) 677-7892 a: 3400 W: Commercial Boulevard, Ft. Lauderdale, FL 33309 e: lhymowitzOdat.state.fLus w: www,dot.state.fl.us FDOT f, Florida Department of Transportation RON DFSANTIS 3400 West Commercial Boulevard KEVIN J. TMBAULT, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY March 18, 2021 Mr. Ray Eubanks Plan Processing Administrator Department of Economic Opportunity Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399 RE: City of Sebastian 21-01 ER Proposed Comprehensive Plan (State Coordinated Review Process) — FDOT Technical Assistance Comments Dear Mr. Eubanks: Pursuant to Section 163.3184(4), Florida Statutes, (F.S.) in its role as a reviewing agency as identified in Section 163.31840)(c), F.S., the Florida Department of Transportation (FDOT) reviewed the City of Sebastian 21-01 ER proposed Comprehensive Plan Amendment (CPA), which was transmitted under the State Coordinated Review. (SCR) process. The Comprehensive Plan updates are based on the City's 2010 Evaluation and Appraisal Report (EAR) and includes text and map amendments to elements of the Comprehensive Plan and map series. FDOT commends the City on the development of an updated Comprehensive Plan that includes an increased emphasis on multimodal connectivity, pedestrian and bicyclist safety, smart growth initiatives, and resilience. Based on a review of the City's amended Plan, FDOT is providing technical assistance comments consistent with Section 163.3168(3), Florida Statutes. The technical assistance comments will not form the basis of a challenge. These comments can strengthen the local government's comprehensive plan to foster a vibrant, healthy community and are designed to ensure consistency with the Community Planning Act in Chapter 163, Part ll, F.S. General Technical Assistance Comment #1 — Coordination, The Comprehensive Plan includes references to coordination with FDOT throughout the document relating to the transportation network. FDOT commends the City for including FDOT as a partner. www.fdot.gov Ray Eubanks Sebastan 21-01ER Proposed CPA — FDOT Comments Letter March 18, 2021 Page 2 of 10 Recommendation for Technical Assistance Comment #1 To further build on the relationship between the City and FDOT, FDOT requests that the City consider adding a new policy to the Land Use and Governance and Implementation Elements to include FDOT as a review agency in the early stages of the development review process for any annexation as well as new development and/or redevelopment project that could have an impact on US-1, SR-510 and 1-95. By in FDOT into the early stages of development review, the Department could work with the City in identifying strategies to eliminate, reduce, or mitigate impacts from those developments on the State Highway System (SHS) and Strategic Intermodal System (SIS). This improved level of coordination should offer enhanced opportunities to assist the City with the latest and appropriate guidance and strategies to enhance and preserve the SHS and S/S while furthering community goals. Land Use Element (LUE) Technical Assistance Comment #2 — Popmlation LUE Policy 1-1.1.1 states that the City shall designate sufficient lands necessary to accommodate, at a minimum, the projected residential population growth and supporting non-residential development based on the medium population projections through the planning period. However, the Data,* Inventory and Analysis (DIA) section of the LUE does not reference the Indian River County (IRC) Metropolitan Planning Organization (MPO) 2045 Long Range Transportation Plan (Connecting IRC) with regard to population growth and future annexations. Additionally, there appears to be some discrepancies between the reported population numbers described in the text versus Tables 1-4 and 1-6 of the LUE DIA. Recommendation #1 for Technical Assistance Comment #2 Please consider adding a new policy requiring coordination with the iRC MPO and consistency with the MPO's Connecting IRC. This coordination and consistency aids to ensure that the MPO's future land use planning projections remain consistent with the City's in determining future needs and allocation of resources for transportation infrastructure and services. Recommendation #2 for Technical Assistance Comment #2 DIA pages 103 and 107 reference a population increase of 8,909 persons between 2020 and 2040; however, Table 1-4 (Population Projections) indicates an increase of 8,610 persons over the same period. Please verify the discrepancy and update the text and/or table accordingly. Technical Assistance Comment #3'— High Densitvllntensity Land Uses Policy 1-1.2.6 states that the highest residential densities shall continue to be allocated to sites with adequate and supporting public infrastructure, accessible to major arterials or collector streets and adjacent to existing development with the same or higher www.fdot.gov Ray Eubanks Sebastian 21-01 ER Proposed CPA — FDOT Comments Letter March 18, 2021 Page 3 of 10 density. Additionally, the proposed Riverfront Mixed -Use future land use category includes the area east and west of US-1 from Sebastian Boulevard (County Road 512) to the northern City limits. FDOT notes that this future land use category allows some of the highest densities (with TDRs) and intensities within the City. Recommendation for Technical Assistance Comment #3, US-1 within the City is a state roadway facility and an urban principal arterial. To ensure the LOS targets (TME Policy 2-1.3.2), evacuation clearance times (CCME DIA) and access along US-1 are maintained, any development/redevelopment along or adjacent to US-1 requires an access permit from FDOT to ensure potential impacts are identified and appropriate mitigation can be determined accordingly. Technical Assistance Comment #4 — Annexations, Policy 1-2.4.1 states that the City may require an analysis on a case -by -case basis for areas considered for annexation, and that the study may include fiscal impact analysis and determination of future capital improvements to meet such basic services. The policy, however, does not indicate the criteria for when a study would be deemed necessary. FDOT understands that the current status of future annexations is unknown at this time, however, annexations of land along/adjacent to US-1 could impact traffic operations along the corridor. Additionally, the majority of available land for annexation will generally occur south and west of the City, within two miles of 1-95, which is a SIS roadway facility designed for regional trips. Development and/or redevelopment associated with annexations could have an impact on the operations of 1-95. Recommendation for Technical Assistance Comment #4 The above policy states that analysis of annexations may be completed on a case -by - case basis. This open-ended language may result in arbitrary decision making and unpredictability in the determination of whether facilities and services. will be in place in a timely cost-efficient manner to serve the annexation area and the corresponding region. it is preferred that this policy outline the City's responsibilities for any local and regional impacts that could result from annexations in a consistent and predictable manner. FDOT encourages the City to modify Policy 1-2.4.1 or consider adding a new related policy to the Transportation and Mobility Element to require analysis of all annexations to account for impacts to facilities of state and regional importance (including facilities on the MPO's roadway network). The policy should also include language to include FDOT as a required review agency at the early stages of those annexations to coordinate the identification and implementation of measures to reduce, eliminate or mitigate adverse impacts. www.fdot.gov Ray Eubanks Sebastian 21-01ER Proposed CPA — FDOT Comments Letter March 18, 2021 Page 4 of 10 Technical Assistance Comment #5 — General Land Use Element Comments • Policy 1-1.2. 3 "encourages" multi -modal connectivity for medium density residential. Consider changing "encourages" to "requires" in order to reinforce the City's commitment towards a multi -modal transportation network, consistent with Transportation and Mobility Element Policy 2-1.1.3, which prioritizes sustainable and equitable mobility. • Policy 1-2.2.6 is listed as "Policy 2.2.6". Revise to consistent numbering. Transportation and Mobility Element (TME) Technical Assistance Comment #6 — Transportation LOS Standards TME DIA Tables 2-4 thru 2-6 list the roadways within the City along with their current and future LOS (years 2020, 2025 and 2040 respectively). Per footnote 5 of Table 2-5, service volumes are based on the 2009 FDOT Quality/LOS (QLOS) Handbook. It also appears that the same service volumes were used in Tables 2-4 and 2-6. It should be noted that the 2020 QLOS Handbook' was made available by FDOT as an update to the 2013 edition and incorporates updates included in the sixth edition of the HCM. The generalized peak hour directional volumes have been updated accordingly. These updated service volumes could have an impact on the calculated roadway LOS reported in TME DIA Tables 2-4 thru 2-6. oe Recommendation #1 for Technical Assistance Comment #6 FDOT recommends that the service volumes used in TME DIA Tables 2-4 thru 2-6 be revised to reflect the updated service volumes reported in the 2020 QLOS Handbook and that the calculated LOS be revised in each table accordingly. Recommendation #2 for Technical Assistance Comment #6 Additionally, as noted in Technical Assistance Comment (TAC) #4, future annexations will generally occur south and west of the City limits, which could have an impact on the operations along 1-95. FDOT encourages the City to include the current and future LOS and LOS standards for the segments of 1-95 north and south of Fellsmere Road/ Sebastian Boulevard in the TME DiA Tables 2-4 thru 2-6 for reference. Technical Assistance Comment #7 — Multimodal Facilities The Comprehensive Plan includes a map series depicting the general location of the existing and proposed transportation system features in the City. Map 2-8: Proposed Bike and Pedestrian Routes and Map 2-4: Transit Routes, identifies future pedestrian and bicycle facilities and exiting transit facilities, respectively. The map series however, does not include existing pedestrian and bicycle facilities and proposed transit routes, facilities and/or improvements within the City. httpsJtwww.fdot.gov/planning/systems/documents/sm/default.shtm www.fdot.gov Ray Eubanks Sebastian 21-01ER Proposed CPA — FDOT Comments Letter March 18, 2021 Page 5 of 10 Policy 2-1.1.3 prioritizes walking, bicycling, non -motorized and public transit projects over motorized vehicle projects. Consistent with this policy, maps of the existing pedestrian and bicycle facilities and proposed transit improvements can help the City in understanding the existing gaps. and network needs, which can aid in developing mul imodal facilities for non -motorized modes and in the prioritization of multimodal projects. Recommendation for Technical Assistance Comment #7 FDOT encourages the City to update the map series to include the following maps: • Existing pedestrian and bicycle facilities • Proposed transit routes, facilities and/or improvements Additionally, consider including a map of existing and proposed number of lanes for the CiVs roadways. Technical Assistance Comment #8 — Complete Streets, THE Policy 2-1.1.2 references complete streets principles in the planning, programming, and construction of all new City roadways, redesigns, and resurfacing design of existing roadways to address the needs of all users, including motorists, bicyclists, transit riders, freight, and pedestrians of all ages and abilities. The policy states that roadways shall be designed based on the desired future land use context based on the Florida Design Manual (FDM) and will coordinate with the FDOT District Four Complete Streets Coordinator in the incorporation of FDOT's context classification system and Complete Streets Policy into future development. FDOT supports complete streets principles and offers the following guidance to help the City implement its vision for a system of complete streets. Recommendation for Technical Assistance Comment #$ FDOT offers several initiatives to assist the City in creating quality developments while protecting future mobility on the regional roadway network in addition to Complete Streets"? including modem roundabouts3, lane elimination guidance4 and a commitment to pedestrian, bicyclist and driver safety5. Technical Assistance Comment #9 — TDM Strategles The THE DIA notes that the City of Sebastian does not have the need to offer Transportation Demand Management (TDM) programs at this time. However, the options may be considered in the future. 2 htto://www.flcompletestreets.00m/ 3 httos:llwww.fdot.aov/soencvresources/roundabouts/index.shtm, 4 httas:/tfdotwww.blob.core.windows.noVsitefinity/docs/default-source/roadway/completestreets/files/lane-elimination-. ouide-oartl.ndf?sfvrsn=cld38df3 4 5 http://www.alerttodavftorida.coml; httos://Www.fdot.gov/safety/SHSP2016/SHSP-2012.shtm www.fdot.gov Ray Eubanks Sebastian 21-01 ER Proposed CPA — FDOT Comments Letter March 18, 2021 Page 6 of 10 FDOT encourages the use of TDM strategies to influence modal shifts to more sustainable modes of transportation to assist in reducing single occupant vehicle trips, emissions, traffic congestion, the overall consumption of fuel, and costs of regional trips. Recommendation for Technical Assistance Comment #9 FDOT encourages the City to look into the feasibility of TDM strategies such as ridesharing, bicycling, micromobility choices and work from- home programs to help reduce single occupancy vehicular trips on the City's roadways and reduce costs for regional trips. FDOT provides financial and technical assistance to promote alternatives to single occupancy driving via the South Florida Commuter Services (SFCS) program. This TDM program seeks to reduce vehicle miles traveled through a variety of TDM strategies such as carpooling, vanpooling, park and ride programs, bicycling, walking increased use of transit, and working from home. FDOT encourages the City to coordinate with the South Florida Commuter Services team (Jeremy Mullings at imullingsawtseinc.com) regarding implementation of commuter services in partnership with the City and major employers. Technical Assistance Comment #10 — Pedestrian and Bicyclist Outreach The THE includes several policies geared towards pedestrian and bicyclist mobility and safety via appropriate infrastructure improvements, access to pedestrian and bicycle facilities and scaled developments. There are however no references to pedestrian and bicycle education and outreach activities. Recommendation for Technical Assistance Comment #90 Since the adoption of the Florida Pedestrian and Bicycle Safety Strategic Plan (PBSSP)s in 2013, the state has been implementing engineering, education, enforcement and evaluation related countermeasures to reduce the levels of pedestrian and bicyclist fatalities and injuries on the state roadway network. The implementation of the PBSSP included the launching of the Alert Today Florida? initiative. The campaign message "Safety Doesn't Happen by Accident" has been presented via TV, radio, transit and billboard advertising, social media, local educational outreach and enforcement activities. The statewide Pedestrian and Bicycle Safety Coalition works with stakeholders and partners across the state to improve pedestrian and bicycle safety and is available to assist the City with safety related community events, High Visibility Enforcement funding, free bicycle helmets, pedestrian and bicycle trainings, safety tip cards and educational resources. FDOT recommends that the City add language related to pedestrian and bicycle outreach and education, and to coordinate with the FDOT District Four Pedestrian and Bicycle Safety champion (Adolfo Prieto, Adolfo. Prieto .. dot. state. fI. us) regarding 6 httos:iiwww.aierttodavflorida.com/About%20USIFDOT PBSSP%20Update0/620Final with%20data%20oorrections.odf' 7 httos:/Iwww.aleritodavfloride.com/ www.fdot.gov Ray Eubanks Sebastian 21-01ER Proposed CPA— FDOT Comments Letter March 18, 2021 Page 7 of 10 community outreach activities as well as resources available to agencies to address pedestrian and bicycle safety education and enforcement. Additionally, FDOT encourages the City to add specific language related to pedestrian and bicycle safety aimed at reducing the number of traffic -related fatalities and serious injuries on roadways in the City, consistent with FDOT's Vital Few objective of Improving Safety. Technical Assistance Comment #11 — Transit -Oriented Development THE Policy 2-1.1.18 promotes transit -oriented development (TOD) through infill development and redevelopment that support transit ridership. Additionally, LUE Policy 1-1.2.6 promotes highest residential densities to be allocated to sites with adequate and supporting public infrastructure, accessible to major arterials or collector streets and adjacent to existing development with the same or higher density. FDOT notes that achieving successful TODs requires multi -disciplinary coordination and implementation actions by local governments. Cities that achieve successful TODs often prioritize infill development in designated areas. The Comprehensive Plan helps provide policy directives for undertaking these actions, which are critical to the success of any potential TOD. Recommendation #1 for Technical Assistance Comment #11 For reference, FDOT recommends that the City utilize the Florida TOD Guidebook-8 which provides model comprehensive plan goals, objectives, and policies designed to advance transit and TOD planning and outlines a process for local governments to effectively plan for TODs. In addition to the TOD Guidebook, the. City should also reference the South Florida Regional Planning Council which offers several reports and publications related to TOD roles and responsibilities, framework and implementation9. FDOT also offers an excellent resource Accessing Transit., Design Handbook for Florida Bus Passenger Facilities, Version Ill, 201310 which provides guidance to local ' governments and transit agencies in the design, location, and installation of transit facilities consistent with state and federal laws and regulations, including the American with Disabilities Act (ADA), and best practices. Recommendation #2 for Technical Assistance Comment #11 FDOT recommends that the City add a new policy requiring coordination with FDOT regarding any plans/studies for TOD, planned unit development, or mixed -use development with potential to impact transportation facilities of state and regional importance. 8 Florida TOD Guidebook: htios://olantortransitconVwQ-contenVupio*hisJ2Ol3/02/FloridaTODGuidebook.odf 9 httD://sfre4ionalcouncii.oro/tod-reports/ 10 httos://www.fdot.aov/transittoaaes/newtransitfacilitesdesian.shtm, www.fdot.gov Ray Eubanks Sebastian 21-01ER Proposed CPA — FDOT Comments Letter March 18, 2021 Page 8 of 10 Technical Assistance Comment #12 - Safety As outlined in the Florida Transportation Plan" and the Florida Strategic Highway Safety Plan 72, FDOT has prioritized close coordination with local government partners to improve safety and efficiency on our roadways with an ultimate goal of zero fatalities and serious injuries. FDOT's vital few safety initiatives are focused on reducing serious injuries and fatalities related to bicycle and pedestrian crashes, lane departure crashes, and intersection crashes. Recommendation for Technical Assistance Comment #12 FDOT invites the City to refer to the following resources offered by the Department as it relates to policies under Objective 2-1.2: • Policy 2-1.2.1- This policy references review of posted speeds on all major roadways where the desired speed is lower than the posted speed. Chapter 202 of the Florida Design Manual (FDM) provides guidance with regard to lowering operating speeds and setting target speeds specifically within the suburban commercial and urban context zones. • Policy 2-1.2.2 - This policy references reduction of driveways where possible for proposed development and redevelopment projects. In addition to reduction of the number of driveways, pedestrian and bicyclist safety policies should also focus on driveway widths and measures aimed at reducing driveway related bicycle crashes (especially where the bicyclist is riding facing traffic on a sidewalk). FDOT's Target Zero initiative includes Transportation Safety Engineering resources13 aimed at location speck and systemic safety analysis to identify safety improvement needs and design countermeasures to reduce the frequency and severity of crashes. • Policy 2-1.2.3 - This policy references developing a database of crashes on major roadways, updated annually. The FDOT State Safety Office offers several resources for local governments that can assist with crash data analysis including the Crash Analysis Reporting System (CARS) and the newly integrated Signal 4 Analytics platform. Housing Element (HE) Technical Assistance Comment #13 HE Policy 3-1.1.1 references adequate housing based on the City's Future Land Use Map. As noted in the Land Use Element TAC #2, there is a discrepancy in the population calculations used to identify the future housing need. 11 httD://floddatransoortationolan.com/ 12 httDs://fdotwww.blob.core.windows.net/sitefinitv/docs/default-source/safety/shso- 2021/report fdot shsp feb21 022221om.pdf?sfvrsn=dcab550c 2 13 https://www.fdot.gov/safety/safetyengineedng/safetyengineering.shtm www.fdot.gov Ray Eubanks Sebastian 21-01ER Proposed CPA — FDOT Comments Letter March 18, 2021 Page 9 of 10 Recommendation for Technical Assistance Comment #13 FDOT recommends that the City reconcile the future housing supply/need in the FLUE, prior to collaboration with the private sector to provide additional dwelling units and future annexations. Infrastructure Element (IE) FDOT offers no comments at this time regarding the IE. Conservation & Coastal Management Element (CCME) FDOT offers no comments at this time regarding the CCME. Parks, Recreation, & Open Space Element (PROSE) Technical Assistance Comment #14 PROSE Objective 6-14 and related policies reference providing public access to all public recreation sites with pedestrian access. This access could be via a public street such as US-1. Non -motorist activity along US-1 could lead to conflicts with vehicular activity, which increases the need for education and outreach to pedestrians, bicyclists and motorists along the corridor. Recommendation for Technical Assistance Comment #14 As the City moves towards providing connectivity and multimodal access to public recreation sites, FDOT recommends that the City coordinate with the FDOT District Four Bicycle and Pedestrian Coordinator and Safety Champion regarding community outreach and education if or when pedestrian and bicycle supportive countermeasures are implemented (i.e. pedestrian hybrid beacons, high visibility crosswalks, rectangular rapid flashing beacons, etc.) to ensure pedestrian and bicycle connectivity and safety, especially along US-1 with recreation and Intracoastal Waterway access. Governance and Implementation Element (GIE) Please reference TA #1 related to FD0T coordination in the early stages of future annexation, development and redevelopment projects/studies. Public Schools Element (PSE) FDOT offers no comments at this time regarding the PSE. Economic Development Element (EDE) Technical Assistance Comment #15 Policy 9-1.3.1 notes that the City of Sebastian should consider annexation of areas outside the City that could provide future areas for commercial or industrial development. FDOT understands that the current status of future annexations is unknown at this time, however, annexations of land along or adjacent to transportation facilities of state and regional importance could impact the traffic operations along those facilities. www.fdot.gov Ray Eubanks Sebastian 21-01 ER Proposed CPA — FDOT Comments Letter March 18, 2021 Page 10 of 10 Recommendation for Technical Assistance Comment #15 Consistent with TA #4, FDOT encourages the City to modify Policy 1-2.4.1 to make analysis of annexations a requirement, and to include FDOT as a required review agency for those annexations to ensure transportation facilities of state and regional importance operate at or above the current LOS target/standard. FDOT requests DEO include these technical assistance comments as Comments in the ORC report to the City of Sebastian. FDOT requests the City transmit a copy of the amendment, along with the supporting data and analysis, to the District upon its adoption. Thank you for coordinating on the review of this proposed amendment with FDOT. If you have any questions, please do not hesitate to contact me by email at larrv.hvmowitz(cr�.dot.state.lt.us or at (954) 777-4663. Sincerely, Larry Hymowitz Planning Specialist — Policy Planning & Growth Management Planning & Environmental Management - FDOT District Four CC: Lisa Frazier, AICP, Community Development Director, City of Sebastian www.fdot.gov Windows Printer Test Page You have correctly installed your KONICA MINOLTA C759SeriesPS on deo-wpps001. PRINTER PROPERTIES Submitted Time: Date: User Name: Computer Name: Printer Name: Printer Model: Color Support Port Name(s): Data Format: Printer Share Name: Printer Location: Print Processor. Comment Separator Page Location: OS Environment 1133:45 AM 4/12/2021 AWI\gaskinj GJ W K353 \\deo-wpps001\CP BizHub KONICA MINOLTA C759SedesPS Yes 10.41.111.249 RAW CP BIZHub KOAXPA P Windows x64 PRINT DRIVER PROPERTIES Driver Name: KONICA MINOLTA C759SeriesPS Driver Type: Type 3.- User Made Driver Version: 11.1.1.0 ADDITIONAL PRINT DRIVER FILES C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA B.DLL C:\WINDOWS\system32\spool\D RIVERS\x64\3\KOAXPA_C. D LL C:\WINDOWS\system32\spool\D RIVERS\x64\3\KOAXPA_D. D LL C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_E.DLL C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA G.DLL C:\WINDOW S\system32\spooNDRI VERS\x64\3\KOAX PA_M. DLL C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_N.DLL C:\WINDOWS\system32\spooNDRIVERS\x64\3\KOAXPA O.DLL C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_R.DLL C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA S.DLL C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA U.DLL C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA W.DLL C:\WI NDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_C.KPD C:\W I N DO W S\system32\spool\DRI VERS\x64\3\KOAXPA_D.KPD C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_M.KPD C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_.KPD C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_.INI C:\WINDOWS\system32\spool\DRIVERS\x64\3\KOAXPA_.CHM C:\WINDOWS\system32\spooNDRIVERS\x64\3\KOAXPA_.UNF E3 Department of Economic Opportunity (DEO) Objections, Recommendations and Comments (ORC) Report Response Letter City of Sebastian Comprehensive Plan 2040 — 21-01ER June 23, 2021 Florida Department of Economic Opportunity Objection 1: Coastal Management Element— Peril of Flood The proposed evaluation and appraisal based comprehensive plan amendment adequately addresses the requirements of Sections 163.3178(2)(f)1-3 and 5., Florida Statutes (F.S.). However, the amendment lacks policy language that meets the requirements of Sections 163.3178(2)(f)4 and 6., F.S. Recommendations: To comply with Section 163.3178(2)(f)4, F.S. the amendment should be revised to state that redevelopment shall "be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60." To comply with Section 163.3178(2)(f)6, F.S. the amendment should also be revised to state that "The City shall seek to continue its participation in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents." The Department's staff are available to provide further assistance with these planning efforts, including providing examples of policies adopted by other communities to address the peril of flood requirements. Citv Response to Objection 1: Policies 5-2.2.1 and 5-2.4.3 have been revised to reflect the recommended policy language listed above. Objection 2: Future Land Use Map Series 163.3177(1)(f), F.S., requires that all mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data. The proposed maps, Map 1-10 (Coastal High Hazard Area) and Map 5-6 (Storm Surge Zones), do not utilize the most current versions of the Sea, Lake, and Overland Surges from Hurricane (SLOSH) Model data. The source of the maps is "Treasure Coast Region Florida Regional Evacuation Study Program for Indian River, Martin, Palm Beach, and St. Lucie Counties" Treasure Coast Regional Planning Council, 2010, however more recent studies are available. Recommendation: Prior to adoption, these maps should be updated to reflect the most recent 2016-2017 SLOSH model data available from the Florida Department of Emergency Management or the City's emergency manager. Citv Response to Obiection 2: Map 1-10 (Coastal High Hazard Area) and Map 5-6 (Storm Surge Zones) have been updated to reflect the most recent 2016-2017 SLOSH model data available from the Florida Department of Emergency Management. Objection 3: Multimodal Facilities in Map Series Section 153.3177(6)(b)l., F.S., requires the Transportation and Mobility Element (TME) to include a map or map series showing the general location of the existing and future transportation system features that are coordinated with the future land use map or map series. The amendment does not provide maps that show the general location of transportation features such as existing pedestrian and bicycle facilities or proposed transit routes, facilities and/or improvements as required pursuant to Section 163.3177(6)(b)L, F.S. Recommendation: Prior to adoption the amendment should be revised to include the following maps: • Proposed transit routes, facilities and/or improvements. • Existing and proposed number of lanes for the City's roadways. Citv Response to Obiection 3: The Transportation & Mobility Element Data Inventory and Analysis states the City's desire and need for future development of bicycle and pedestrian plans. These efforts would likely include a detailed inventory of existing conditions. As it related to future transit improvements, the City will continue to coordinate with Indian River County Transit (GoLine) to monitor planned improvements within the Transit Development Plan as they are updated. A map depicting GoLine's 10-Year Cost Affordable Plan Improvements from the 2019-2018 TDP has been included in the Comprehensive Plan's Map Series. Map 2-1 has been updated to note that the current and future condition of City roadways depicted are 2-lanes. Objection 4: Concurrency Management The St. Johns River Water Management District advises that in order to adequately address all of the water supply and facility concurrency requirements of Section 163.3180(2), Florida Statutes (F.S.), the City's concurrency management system must ensure that both adequate water supplies and potable waterfacilities are available to serve development no later than the date on which the City anticipates issuing a certificate of occupancy. In addition, the concurrency management system must include consultation with the applicable water supplier during the permit review process and prior to approval of a building permit to determine if adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy. The proposed policies within the Infrastructure Element and Government and Implementation Elements related to the City's concurrency management system do not appear to address all of the requirements of Section 163.3180(2), F.S. Recommendation: To comply with Section 163.3180(2), F.S. the Plan should be revised to address all concurrency management system requirements. Statutory language may be adopted verbatim so that the amendment reads to the effect of: • "Sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place and available to serve new development no later than the issuance by the City of a certificate of occupancy or its functional equivalent". • "Prior to approval of building permit or its functional equivalent, the City shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent". Additionally, the City should coordinate with the St. Johns River Water Management District to ensure all the concurrency management requirements are completely addressed. City Response to Obiection 4: Policy 7-2.7.2 has been revised to reflect the statutory language recommended above. The City will continue to coordinate with SJRWMD on issues related to water supply and conservation as stated in Policies 4-1.5.3, 5-1.4.7, and 7- 1.1.3. Comment 1: Land Use Element -Annexation Studies Proposed Land Use Element Policy 1-2.4.1 does not provide meaningful and predictable standards which indicate under what circumstances the City will require an analysis for areas considered for annexation. The open-ended language may result in arbitrary decision making and unpredictability in the determination of whether facilities and services will be in place in a timely cost-efficient manner to serve the annexation area and the corresponding region. Prior to adoption the amendment should be revised to include standards to guide when annexation studies will be required. ON Response to Comment 1: Land Use Element Policy 1-2.4.1 has been augmented to include additional guidance and clarity related to the conditions by which annexation analysis shall be required. Comment 2: Population Discrepancies There is discrepancy between the reported population numbers and maximum densities described in Tables 1-4 and 1-6 and the text of their respective Land Use Element Data Inventory and Analysis (DIA) section. The text of the "Population Trends and Projections" section of the DIA indicates that BEBR's official population estimate as of April1, 2020 is 25,658 residents. However, Table 1-4 presents the 2020 population as 25,957. In the text of the section "Build Out Analysis" of the DIA the maximum construction of residential dwelling units is indicated to be 4,706, but Table 1-6 indicates the total maximum residential dwelling units as 4,922. Prior to adoption discrepancies between these sections text and tables should be reconciled, if necessary. Citv Resoonse to Comment 2: Thank you. Tables 1-4 and 1-6 have been updated to reflect consistent population projections throughout the Comprehensive Plan. Comment 3: Coastal Resiliency Plan The City of Sebastian's Coastal Resiliency Plan is cited repeatedly throughout the Plan's Coastal Management Element and throughout the Plan. The stated purpose of the Coastal Resiliency Plan is to support the current Comprehensive Plan update. The Plan provides vital data and analysis such as the City's Vulnerability Assessment and develops an Adaptation Action Plan. Prior to adoption, the City should consider including the Plan into the Data Inventory and Analysis of the Conservation and Coastal Management Element section to furthersupport the comprehensive plan. ON Resoonse to Comment 3: Per Section 163.3177(1)(b), F.S., documents may be adopted by reference but not incorporated verbatim into the plan. The appropriate references for the City's Coastal Resiliency Plan, with title and author, have been included throughout the Comprehensive Plan. Comment 4: Incorrect Statutory Reference Prior to adoption, the amendment should be revised to correct the incorrect statutory reference in Conservation and Coastal Management Element Objective 5-2.1. The objective references the statute section which defines Coastal High Hazard Area as section "163.3178(2)(h)9," however the correct citation is 163.3178(2)(h), F.S. City Response to Comment 4: Conservation and Coastal Management Element Objective 5-2.1 has been revised to include the correct statutory reference a 163.3178(2)(h). Comment 5: Transportation LOS Standards The Transportation and Mobility Element DIA Tables 2-4 through 2-6 are based upon the 2009 FDOT Quality/LOS (QLOS) Handbook. Prior to adoption the amendment should be revised for the LOS tables to reflect the updated service volumes reported in the 2020 FDOT QLOS Handbook. Citv Resoonse to Comment 5: Table 2-4 through Table 2-6 in the Transportation and Mobility Element DIA have been updated to reflect the updated service volumes reported in the 2020 FDOT QLOS Handbook. Treasure Coast Regional Planning Council The following represent the City's responses to the comments and related recommendations provided by TCRPC to the Department of Economic Opportunity in correspondence dated March 3, 2021. Comment 1 Policy 1-1.3.9 should be revised to target non-residential uses to major intersections and appropriate infill corridors. Citv Response to Comment 1: The City believes that Policy 1-1.3.9 in its current form provides both appropriate guidance and flexibility to address varying market conditions. Comment 2 The City may want to consider mapping the annexation reserve areas and including that in the map series of the comprehensive plan. Citv Response to Comment 2: A map depicting the City's annexation reserve area has been included in the Map Series. Comment 3 In Policy 1-2.4.1, Council staff suggests the City consider making studies mandatory for certain factors such as size or potential impacts. Citv Response to Comment 3: Land Use Element Policy 1-2.4.1 has been augmented to include additional guidance and clarity related to the conditions by which annexation analysis shall be required. Comment 4 Policy 4-1.1.2 should be revised to include transportation and recreation Level of Service standards and reference the corresponding policies in the respective elements. This will make the list comprehensive and ensure that these standards are not missed by a casual user ofthe comprehensive plan. Citv Response to Comment 4: Policy 4-1.1.2 has been revised to reference the policies including Level of Service standards for transportation (Policy 2- 2.3.2) and recreation (Policy 6-1.1.1) respectively. Comment 5 Policies 4-1.2.1, 4-1.2.2 and 4-1.2.5 concerning on -site wastewater treatment do not appear to be consistent with each other. Policy 4-1.2.2 includes text which prohibits permitting of new on -site wastewater treatment systems but Policy 4- 1.2.1 allows for them if sewer service is more than 500 feet away and Policy 4-1.2.5 seeks to limit "extensive use" of new septic tanks. Council suggests a clear approach to this issue that treats infill on platted residential subdivision lots (such as the GDC areas) differently from commercial uses and new subdivisions. The GDC areas could have provisions allowing houses to be constructed with new septic systems if there is no extension of sanitary sewer to serve the lot but require connection when the lines reach the property; with more explicit prohibitions on septic systems for other areas. The City is encouraged to not allow the use of septic systems in any new developments due to the proximity to natural areas, sea level rise, and flooding that exacerbate the nutrient impacts of septic systems. It will be difficult to make progress on converting from septic to sewer if new septic systems continue to be built. Citv Response to Comment 5: Policy 4-1.2.2 has been revised to include "where public sewer infrastructure is not readily available". The City believes that this addition will provide for consistency with Policies 4-1.2.1 and 4-1.2.5. Florida Department of Transportation The following represent the City's responses to the technical assistance comments and related recommendations provided by FDOT to the Department of Economic Opportunity in correspondence dated March 18, 2021. Recommendation for Technical Assistance Comment #1 To further build on the relationship between the City and FDOT, FDOT requests that the City consider adding a new policy to the Land Use and Governance and Implementation Elements to include FDOT as a review agency in the early stages of the development review process for any annexation as well as new development and/or redevelopment project that could have an impact on US-1, SR-510 and 1-95. By including FDOT into the early stages of development review, .the Department could work with the City in identifying strategies to eliminate, reduce, or mitigate impacts from those developments on the State Highway System (SHS) and Strategic Intermodal System (SIS). This improved level of coordination should offer enhanced opportunities to assist the City with the latest and appropriate guidance and strategies to enhance and preserve the SHS and SIS while furthering community goals. Citv Response to Recommendation for Technical Assistance Comment #1: The City will continue to provide appropriate information to FDOT during the development review process. Recommendation #1 for Technical Assistance Comment #2 Please consider adding a new policy requiring coordination with the IRC MPO and consistency with the MPO's Connecting IRC. This coordination and consistency aids to ensure that the MPO's future land use planning projections remain consistent with the City's in determining future needs and allocation of resources for transportation infrastructure and services. Citv Response to Recommendation #1 for Technical Assistance Comment #2: The analysis performed for the development of the Comprehensive Plan was completed prior to the completion of the MPO's 2045 LRTP. However, the City recognizes the important relationship between the MPO's plans and the City's growth. The Comprehensive Plan includes multiple policies supporting coordination with the MPO (2-1.1.17, 2-1.3.5, 2- 1.3.6, 7-1.1.3, 7-2.3.4). The City will continue to coordinate with the MPO on its planning initiatives. Recommendation #2 for Technical Assistance Comment #2 DIA pages 103 and 107 reference a population increase of 8,909 persons between 2020 and 2040; however, Table 1-4 (Population Projections) indicates an increase of 8,610 persons over the same period. Please verify the discrepancy and update the text and/or table accordingly. Citv Response to Recommendation #2 for Technical Assistance Comment #2: Thank you. Table 1-4 has been updated to reflect consistent population projections throughout the Comprehensive Plan. Recommendation for Technical Assistance Comment #3 US-1 within the City is a state roadway facility and an urban principal arterial. To ensure the LOS targets (TME Policy 2- 1.3.2), evacuation clearance times (COME DIA) and access along US-1 are maintained, any development/redevelopment along or adjacent to US-1 requires an access permit from FDOT to ensure potential impacts are identified and appropriate mitigation can be determined accordingly. Citv Response to Recommendation for Technical Assistance Comment #3: Thank you. This information is acknowledged and understood. Please see the previous response to Recommendation for Technical Assistance Comment #1. The City will continue to provide appropriate information to FDOT during the development review process. Recommendation for Technical Assistance Comment #4 The above policy states that analysis of annexations may be completed on a case -by -case basis. This open-ended language may result in arbitrary decision making and unpredictability in the determination of whether facilities and services will be in place in a timely cost-efficient manner to serve the annexation area and the corresponding region. It is preferred that this policy outline the City's responsibilities for any local and regional impacts that could result from annexations in a consistent and predictable manner. FDOT encourages the City to modify Policy 1-2.4.1 or consider adding a new related policy to the Transportation and Mobility Element to require analysis of all annexations to account for impacts to facilities of state and regional importance (including facilities on the MPO's roadway network). The policy should also include language to include FDOT as a required review agency at the early stages of those annexations to coordinate the identification and implementation of measures to reduce, eliminate or mitigate adverse impacts. Citv Response to Recommendation for Technical Assistance Comment #4: The City values collaboration with FDOT and the Indian River County MPO and will continue to coordinate as appropriate during the development review process. Technical Assistance Comment #5 Policy 1-1.2.3 encourages" multi -modal connectivity for medium density residential. Consider changing "encourages" to "requires" in order to reinforce the City's commitment towards a multi -modal transportation network, consistent with Transportation and Mobility Element Policy 2-1.1.3, which prioritizes sustainable and equitable mobility. Citv Response to Technical Assistance Comment #5: Thank you for the comment. The City and the new Comprehensive Plan are supportive of a multimodal transportation network as noted above. Multimodal connectivity related to specific residential developments will be addressed during the City's development review/approval processes. Policy 1-2.2.6 is listed as "Policy 2.2.6". Revise to consistent numbering. Citv Response to Technical Assistance Comment #5: Thank you. The policy numbering has been updated. Recommendation #1 for Technical Assistance Comment #6 FDOT recommends that the service volumes used in THE DIA Tables 2-4 thru 2-6 be revised to reflect the updated service volumes reported in the 2020 QLOS Handbook and that the calculated LOS be revised in each table accordingly. ON Resoonse to Recommendation #1 for Technical Assistance Comment #6: Table 2-4 through Table 2-6 in the Transportation and Mobility Element DIA have been updated to reflect the updated service volumes reported in the 2020 FDOT QLOS Handbook. Recommendation #2 for Technical Assistance Comment #6 Additionally, as noted in Technical Assistance Comment (TAC) #4, future annexations will generally occur south and west of the City limits, which could have an impact on the operations along 1-95. FDOT encourages the City to include the current and future LOS and LOS standards for the segments of 1-95 north and south of Feilsmere Road/Sebastian Boulevard in the THE DIA Tables 2-4 thru 2-6 for reference. Citv Response to Recommendation #2 for Technical Assistance Comment #6: Analysis performed as part of the Transportation and Mobility Element DIA only included roadways within or adjacent to the City's current City limits. Recommendation for Technical Assistance Comment #7 FDOT encourages the City to update the map series to include the following maps: • Existing pedestrian and bicycle facilities • Proposed transit routes, facilities and/or improvements City Response to Recommendation for Technical Assistance Comment #7: The Transportation & Mobility Element Data Inventory and Analysis states the City's desire and need for future development of bicycle and pedestrian plans. These efforts would likely include a detailed inventory of existing conditions. As it related to future transit improvements, the City will continue to coordinate with Indian River County Transit (GoLine) to monitor planned improvements within the Transit Development Plan (TDP) as they are updated. A map depicting GoLine's 10-Year Cost Affordable Plan Improvements from the 2019-2018 TDP has been included in the Comprehensive Plan's Map Series. Recommendation for Technical Assistance Comment #8 FDOT offers several initiatives to assist the City in creating quality developments while protecting future mobility on the regional roadway network in addition to "Complete Streets", including modern roundabouts, lane elimination guidance and a commitment to pedestrian, bicyclist and driver safety. City Response to Recommendation for Technical Assistance Comment #8: Thank you for this information. The City has noted the availability of these resources. Recommendation for Technical Assistance Comment #9 FDOT encourages the City to look into the feasibility of TDM strategies such as ridesharing, bicycling, micromobility choices and work from home programs to help reduce single occupancy vehicular trips on the City's roadways and reduce costs for regional trips. FDOT provides financial and technical assistance to promote alternatives to single occupancy driving via the South Florida Commuter Services (SFCS) program. This TDM program seeks to reduce vehicle miles traveled through a variety of TDM strategies such as carpooling, vanpooling, park and ride programs, bicycling, walking increased use of transit and working from home. FDOT encourages the City to coordinate with the South Florida Commuter Services team (Jeremy Mullings at iullings@ctseinc.com) regarding implementation of commuter services in partnership with the City and major employers. Citv Response to Recommendation for Technical Assistance Comment #9: Thank you for this information. The City has noted the availability of these resources and will engage FDOT as appropriate when exploring the implementation of TDM strategies in the future. Recommendation for Technical Assistance Comment #10 Since the adoption of the Florida Pedestrian and Bicycle Safety Strategic Plan (PBSSP) in 2013, the state has been implementing engineering, education, enforcement and evaluation related countermeasures to reduce the levels of pedestrian and bicyclist fatalities and injuries on the state roadway network. The implementation of the PBSSP included the launching of the Alert Today Florida initiative. The campaign message 'Safety Doesn't Happen by Accident" has been presented via TV, radio, transit and billboard advertising, social media, local educational outreach and enforcement activities. The statewide Pedestrian and Bicycle Safety Coalition works with stakeholders and partners across the state to improve pedestrian and bicycle safety and is available to assist the City with safety related community events, High Visibility Enforcement funding, free bicycle helmets, pedestrian and bicycle trainings, safety tip cards and educational resources. FDOT recommends that the City add language related to pedestrian and bicycle outreach and education, and to coordinate with the FDOT District Four Pedestrian and Bicycle Safety champion (Adolfo Prieto, Adolfo. Prieto@dot.state.fl.us) regarding community outreach activities as well as resources available to agencies to address pedestrian and bicycle safety education and enforcement. 7 Additionally, FDOT encourages the City to add specific language related to pedestrian and bicycle safety aimed at reducing the number of traffic -related fatalities and serious injuries on roadways in the City, consistent with FDOT's Vital Few objective of Improving Safety. Citv Response to Recommendation for Technical Assistance Comment #10: Thank you for this information. The City has noted the availability of these resources. Recommendation #1 for Technical Assistance Comment #11 For reference, FDOT recommends that the City utilize the Florida TOD Guidebook which provides model comprehensive plan goals, objectives, and policies designed to advance transit and TOD planning and outlines a process for local governments to effectively plan for TODs. In addition to the TOD Guidebook, the City should also reference the South Florida Regional Planning Council which offers several reports and publications related to TOD roles and responsibilities, framework and implementation. FDOT also offers an excellent resource Accessing Transit: Design Handbook for Florida Bus Passenger Facilities, Version III, 2013 which provides guidance to local governments and transit agencies in the design, location, and installation of transit facilities consistent with state and federal laws and regulations, including the American with Disabilities Act (ADA), and best practices. Citv Response to Recommendation #1 for Technical Assistance Comment #11: Thank you for this information. The City has noted the availability of this resource. Recommendation #2 for Technical Assistance Comment #11 FOOT recommends that the City add a new policy requiring coordination with FDOT regarding any plans/studies for TOD, planned unit development or mixed -use development with potential to impact transportation facilities of state and regional importance. Citv Response to Recommendation #2 for Technical Assistance Comment #11: Thank you. As noted above, the City will continue to provide appropriate information to FOOT during the development review process. Recommendation for Technical Assistance Comment #12 FDOT invites the City to refer to the following resources offered by the Department as it relates to policies under Objective 2-1.2: • Policy 2-1.2.1 —This policy references review of posted speeds on all major roadways where the desired speed is lower than the posted speed. Chapter 202 of the Florida Design Manual (FDM) provides guidance with regard to lowering operating speeds and setting target speeds specifically within the suburban commercial and urban contextzones. • Policy 2-1.2.2 —This policy references reduction of driveways where possible for proposed development and redevelopment projects. In addition to reduction of the number of driveways, pedestrian and bicyclist safety policies should also focus on driveway widths and measures aimed at reducing driveway related bicycle crashes (especially where the bicyclist is riding facing traffic on a sidewalk). FDOT's Target Zero initiative includes Transportation Safety Engineering resources aimed at location specific and systemic safety analysis to identify safety improvement needs and design countermeasures to reduce the frequency and severity of crashes. • Policy 2-1.2.3 — This policy references developing a database of crashes on major roadways, updated annually. The FDOT State Safety Office offers several resources for local governments that can assist with crash data analysis including the Crash Analysis Reporting System (CARS) and the newly integrated Signal Analytics platform. Citv Response to Recommendation for Technical Assistance Comment #12: Thank you. During the development process, the City will refer to the most current guidance from FDOT outlined above. Recommendation for Technical Assistance Comment #13 FDOT recommends that the City reconcile the future housing supply/need in the FLUE, prior to collaboration with the private sector to provide additional dwelling units and future annexations. Citv Response to Recommendation for Technical Assistance Comment #13: Thank you. As also noted above, Table 1-4 has been updated to reflect consistent population projections throughout the Comprehensive Plan. Recommendation for Technical Assistance Comment #14 As the City moves towards providing connectivity and multimodal access to public recreation sites, FDOT recommends that the City coordinate with the FDOT District Four Bicycle and Pedestrian Coordinator and Safety Champion regarding community outreach and education if or when pedestrian and bicycle supportive countermeasures are implemented (i.e. pedestrian hybrid beacons, high visibility crosswalks, rectangular rapid flashing beacons, etc.) to ensure pedestrian and bicycle connectivity and safety; especially along US-1 with recreation and Intracoastal Waterway access. Citv Response to Recommendation for Technical Assistance Comment #14: Thank you for this information. The City has noted the availability of this resource. Governance and Implementation Element Comment Please reference Technical Assistance Comment #1 related to FDOT coordination in the early stages of future annexation, development and redevelopment projects/studies. Citv Response to Governance and Implementation Element Comment: Please see the City's response to Recommendation for Technical Assistance Comment #1. The City will continue to provide appropriate information to FDOT during the development review process. Recommendation for Technical Assistance Comment #15 Consistent with TAC #4, FDOT encourages the City to modify Policy 1-2.4.1 to make analysis of annexations a requirement, and to include FDOT as a required review agency for those annexations to ensure transportation facilities of state and regional importance operate at or above the current LOS target/standard. Citv Response to Recommendation for Technical Assistance Comment #15: Thank you. However, the City will not consider the recommended modifications to Policy 1-2.4.1. The City values collaboration with FDOT and the Indian River County MPO and will continue to coordinate as during the development review process.