HomeMy WebLinkAboutR-96-29RESOLUTION NO. R-96-29
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY
ATTORNEY TO SIGN AND THE CITY CLERK TO ATTEST, ON
BEHALF OF THE CITY, A STIPULATED SETTLEMENT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (THE "DCA"), STIPULATING THE
CONDITIONS FOR SETTLING THE DISPUTE BETWEEN THE DCA
AND THE CITY OF SEBASTIAN WITH REGARDI TO THE
COMPREHENSIVE PLAN AMENDMENT ADOPTED BY THE CITY
OF SEBASTIAN BY ORDINANCE NO. 0-92-07 ON MARCH 24, 1993;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING
RESOLUTION NO. R-96-19; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian adopted a Comprehensive Plan amendment on
March 24, 1993, by Ordinance No. 0-92-07; and
WHEREAS, the DCA has filed a Statement of Intent to fred the City's
Comprehensive Plan not ia compliance with State Statute, the State Comprehensive Plan, the
Treasure Coast Comprehensive Regional Policy Plan and the Florida Administrative Code;
and
WHEREAS, the City and the DCA have engaged ia lengthy negotiations for the
purpose of settling any and all disputes between the City and the DCA with respect to the
City Comprehensive Plan; and
WHEREAS, the City and the DCA have come to a formal agreement with respect to
amendments to the City's Comprehensive Plan which will result in the DCA fmdmg the
City's Comprehensive Plan in compliance with State Statute, the State Comprehensive Plan,
the Treasure Coast Comprehensive Regional Policy Plan and the Florida Administrative
Code; and
WHEREAS, a Stipulated Settlement Agreement has been prepared setting forth all
requirements for amendments to the City's Comprehensive Plan consistent with the
agreement reached between the City of Sebastian and the DCA; and
WHEREAS, the City Council has determined that entering into the Stipulated
Settlement Agreement with the DCA is in the best interests of the citizens of the City of
Sebastian and that the Stipulated Settlement Agreement shall serve a valid municipal
purpose; and
WHEREAS, the City Council conducted a public hearing and adopted Resolution
No. R-96-19, approving the Stipulated Settlement Agreement, on February 14, 1996; and
WHEREAS, subsequent to the approval of the Stipulated Settlement Agreement a
scrivener's error was found in paragraphs 15 and 16 of the Agreement;
WHEREAS, the City Council readvertised and conducted another public hearing on
the revised Stipulated Settlement Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and City Attorney of the City of
Sebastian, Indian River County, Florida, are hereby authorized to sign, and the City Clerk
to attest, on behalf of the City of Sebastian, a Stipulated Settlement Agreemem (beating
DOAH Case No. 93-2719GM) between the DCA and the City of Sebastian.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the' City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
2
Section 4. EFFECTIVE DATE.
upon final passage.
The foregoing
This Resolution shall take effect immediately
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Councilmember Louise Cartwright
Councilmember Norma Damp
Councilmember Ray Halloran
The Mayor thereupon declared this Resolution duly passed and adopted this /,~g day of
"~/U/~.J~ , 1996.
ATTEST:
Kathryn~M. O'Halloran, CMC/AAE
. City Clerk
Arthur L. Firtion, Mayor
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEP;tRTMENT OF COMMUNITY AFFAIRS~
)
Petitioner, )
)
VS. )
)
CITY OF SEBASTIAN, )
)
Respondent. )
)
DOAH CASE NO. 93-2719GM
Hearings.
e. In compliance or into compliance: Consistent with
Sections 163.3177, 163.3178 and 163.3191, Florida Statutes, Section
187.201, Florida Statutes, the applicable regional policy plan, and
Chapter 9J-5, Florida Administrative Code.
STIPULATED SETTLEMENT AGREEMENT
The City of Sebastian (City) and the Florida Department of
Community Affairs (Department), hereby stipulate and agree as
follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement, the following
words and phrases shall have the following meanings:
a. Act: The Local Government Comprehensive Planning and
Land Development Regulation Act, as codified in Chapter 163, Part
II, Florida Statutes (1993 and 1994 Supplement).
b. Agreement: This stipulated settlement agreement.
c. comprehensive Plan Amendment or Amendment: City of
Sebastian Comprehensive Plan Amendment adopted on March 24, 1993,
by Ordinance No. 0-92-07.
d. DOAH: The Florida Division of Administrative
f. Notice: The notice of intent issued by the
Department to find the amendment in compliance.
g. Petition: The petition for administrative hearing
and relief filed by the City in this case.
h. Remedial Action: A remedial plan amendment,
submission of support document or other action described in this
agreement as an action which must be completed to resolve the
issues raised by the City.
i. Remedial Plan Amendment: An amendment to the plan or
support document, the need for which is identified in this
agreement, including its exhibits, and which the local government
must adopt to complete all remedial actions. Remedial plan
amendments adopted pursuant to this agreement must, be consistent
with and substantially similar in concept and content to the ones
identified in this agreement or be otherwise acceptable to the
Department.
j. Support Document: The studies, inventory maps,
surveys, data, inventories, listings or analyses used to develop
and support the plan.
2. Entire Aqreement. This is the entire agreement between
the parties and no verbal or written assurance or promise is
effective or binding unless included in this document.
3. Approval~y Governing Body. This agreement has been
approved by the local government's governing body at a public
hearing advertised in an advertisement published at least 10 days
prior to the hearing in the manner prescribed for advertisements in
Section 163.3184(15) (c), Florida Statutes. This agreement has been
executed by the appropriate officer as provided in the local
government's charter or other regulations.
4. chanqes in Law. Nothing in this agreement shall be
construed to relieve either party from adhering to the law, and in
the event of a change in any statute or administrative regulation
inconsistent with this agreement, the statute or regulation shall
take precedence.
5. Other Persons Unaffected. Nothing in this agreement
shall be deemed to affect the rights of any other person under the
law.
6. Attorney Fees and Costs. Each party shall bear its own
costs, including attorney fees.
7. ~.fective Date. This agreement shall become effective
upon the last date of signing by the parties.
PART I
8. PurDose of Part I; Not Establishin~ Precedent. The
parties enter into Part I of this agreement in a spirit of
cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the
speedy and reasonable resolution of disputes arising out of or
related to the plan. The acceptance of proposals for purposes of
this agreement is part of a negotiated agreement affecting many
factual and legal issues and is not an endorsement of, and does not
establish precedent for, the use of these proposals in any other
circumstances or by any other local government.
9. Department Powers. The Department is the state land
planning agency and has the power and duty to administer and
enforce the Act and to determine initially whether plans are in
compliance.
10. Exhibit. Exhibit A is hereby incorporated by reference.
11. Neqotiation .of Aqreement. The Department issued its
notice of intent to find the plan amendment not in compliance and
filed a petition challenging that determination. Subsequent to the
filing of the petition the parties conferred and agreed to resolve
the issues in the petition through this agreement. It is the
intent of this agreement to resolve fully all issues between the
parties in this proceeding.
12. Dismissal. If the local government completes the
remedial actions required by this agreement, including the adoption
of required plan amendments as set forth herein, the Department
shall issue a notice of intent to find the remedial amendment in
compliance.
13. Filinq and Cont%nuance. This agreement shall be filed
with DOAH by the Department after execution by the parties. Upon
the filing of this agreement, the administrative proceeding in this
matter shall be stayed by the hearing officer in accordance with
Section 163.3184(16), Florida Statutes.
14. Retention of Riqht to Final Hearing. All parties hereby
retain the right to have a final hearing in this proceeding in the
event of a breach of this agreement, and nothing in this agreement
shall be deemed a waiver of such right. Any party to this
agreement may move to have this matter set for hearing if it
becomes apparent that any other party whose action is required by
this agreement is not proceeding in good faith to take that action.
15. Description of Provisions not in Compliance and Remedial
Actions; LeGal Effect of Aqreement Exhibit B contains
· remedial
actions needed to resolve the City's issues. This agreement
constitutes a stipulation that if the remedial actions are
accomplished, the Department shall issue a notice of intent to find
the remedial amendment in compliance and the city shall withdraw
its petition in this case.
16. Remedial Actions to be Considered .for Adoption. The
local government agrees to consider for adoption by formal action
of its governing body all remedial actions described in Exhibit B
no later than the time period provided for in this agreement.
17. Adoption or .Approval of Remedial Plan Amendments. Within
60 days after execution of this agreement by both parties, the
local government shall consider for adoption all remedial plan
amendments and amendments to the support document. This may be
done at a single adoption hearing. Within 10 working days after
adoption of the plan amendment, the local government shall transmit
5 copies of the amendment to the Department as provided in Rule 9J-
11.011, Florida Administrative Code. The local government also
shall submit one copy to the regional planning agency and to any
other unit of local or state government that has filed a written
request with the governing body for a copy of the plan amendment
and a copy to any party granted intervenor status in this
proceeding. The amendment shall be transmitted to the Department
along with a letter which describes the remedial action adopted for
each part of the plan amended, including references to specific
portions and pages.
18. Review of Remedial Amendments and ~otice of Intent.
Within 45 days after receipt of the adopted remedial plan
amendments and support documents, the Department shall issue a
notice of intent pursuant to Section 163.3184, Florida Statutes,
for the adopted amendments in accordance with this agreement.
a. In Com~li~Dce: If the adopted remedial actions
satisfy this agreement, the Department shall issue a notice of
intent finding the compliance amendment in compliance. The City
shall withdraw its petition in this case.
b. Not in Compliance: If the remedial actions are not
adopted, or if they do not satisfy this agreement, the Department
reserves the right to issue a notice of intent to find the plan
amendments not in compliance.
19. Effect ~ Amendment. Adoption of any compliance
agreement amendment shall not be counted toward the frequency
restrictions imposed upon plan amendments pursuant to Section
163.3187(1), Florida Statutes.
In witness whereof, the parties hereto have caused this
agreement to be executed by their undersigned officials as duly
authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
James Murley
Secretary
CITY OF SEBASTIAN
Arthur L. Firtion
Mayor
Date
March 13, 1996
Date
Attest:
Assistant General Counsel
Cit~____ Clerk
Kathryn M. O'Halloran, CMC'/AAE
~ty Attorney
Timothy Williams
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
CiTY OF SEBASTIAN,
Respondent.
DO;tH CASE NO. 93-2719GM
STIPULATED SETTLEMENT.AGREEMENT
The city of Sebastian (city) and the Florida Department of
Community Affairs (Department), hereby stipulate and agree as
follows:
~ENE.RAL PROVISIONS
1. Definitions. As used in this agreement, the following
words and phrases shall have the following meanings:
a. Act: The Local Government Comprehensive Planning and
Land Development Regulation Act, as codified in Chapter 163, Part
II, Florida Statutes (1993 and 1994 Supplement).
b. Aqreement: This stipulated settlement agreement.
c. Comprehensive Plan Amendment or Amendment: city of
Sebastian Comprehensive Plan Amendment adopted on March 24, 1993,
by Ordinance No. 0-92-07.
d. DOAH: The Florida Division of Administrative
Hearings.
e. In complia.nce or into compliance: Consistent with
Sections 163.3177, 163.3178 and 163.3191, Florida Statutes, Section
187.201, Florida Statutes, the applicable regional policy plan, and
Chapter 9J-5, Florida Administrative Code.
f. Notice: The notice of intent issued by the
Department to find the amendment in compliance.
g. Petition: The petition for administrative hearing
and relief filed by the City in this case.
h. Remedi~ .... A~tion: A remedial plan amendment,
submission of support document or other action described in this
agreement as an action which must be completed to resolve the
issues raised by the City.
i. Remedial Plan Amendment: An amendment to the plan or
support document, the need for which is identified in this
agreement, including its exhibits, and which the local government
must adopt to complete all remedial actions. Remedial plan
amendments adopted pursuant to this agreement must, be consistent
with and substantially similar in concept and content to the ones
identified in this agreement or be otherwise acceptable to the
Department.
j. Support Document: The studies, inventory maps,
surveys, data, inventories, listings or analyses used to develop
and support the plan.
2. Entire AGreement. This is the entire agreement between
the parties and no verbal or written assurance or promise is
effective or binding unless included in this document.
3. Approval .,~y Governing Bo~. This agreement has been
approved by the local government's governing body at a public
hearing advertised in an advertisement published at least 10 days
prior to the hearing in the manner prescribed for advertisements in
Section 163.3184(15) (c), Florida Statutes. This agreement has been
executed by the appropriate officer as provided in the local
government's charter or other regulations.
4. Chanqes in Law. Nothing in this agreement shall be
construed to relieve either party from adhering to the law, and in
the event of a change in any statute or administrative regulation
inconsistent with this agreement, the statute or regulation shall
take precedence.
5. Other Persons Unaffected. Nothing in this agreement
shall be deemed to affect the rights of any other person under the
law.
6. Attorney Fees and Costs. Each party shall bear its own
costs, including attorney fees.
7. Effective Date. This agreement shall become effective
upon the last date of signing by the parties.
PART I
8. ~_.u.r~ose of Part I; Not Establishing Precedent. The
parties enter into Part I of this agreement in a spirit of
cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the
speedy and reasonable resolution of disputes arising out of or
related to the plan. The acceptance of proposals for purposes of
this agreement is part of a negotiated agreement affecting many
factual and legal issues and is not an endorsement of, and does not
establish precedent for, the use of these proposals in any other
circumstances or by any other local government.
9. Department Powers. The Department is the state land
planning agency and has the power and duty to administer and
enforce the Act and to determine initially whether plans are in
compliance.
10. Exhibit. Exhibit A is hereby incorporated by reference.
11. Neqotiation of Aqreement. The Department issued its
notice of intent to find the plan amendment not in compliance and
filed a petition challenging that determination. Subsequent to the
filing of the petition the parties conferred and agreed to resolve
the issues in the petition through this agreement. It is the
intent of this agreement to resolve fully all issues between the
parties in this proceeding.
12. Dismissal. If the local government completes the
remedial actions required by this agreement, including the adoption
of required plan amendments as set forth herein, the Department
shall issue a notice of intent to find the remedial amendment in
compliance.
13. Filinq and Continuance. This agreement shall be filed
with DOAH by the Department after execution by the parties. Upon
the filing of this agreement, the administrative proceeding in this
matter shall be stayed by the hearing officer in accordance with
Section 163.3184(16), Florida Statutes.
14. Retention of Riqht to Final HearinG. All parties hereby
retain the right to have a final hearing in this proceeding in the
event of a breach of this agreement, and nothing in this agreement
shall be deemed a waiver of such right. Any party to this
agreement may move to have this matter set for hearing if it
becomes apparent that any other party whose action is required by
this agreement is not proceeding in good faith to take that action.
15. Description ~.~ Pro¥~i. ons not.in Co~Dliance and Remedial
Actions; Leqal Effect of Aqreement. Exhibit ~ contains remedial
actions needed to resolve the City's issues. This agreement ~ ~//
constitutes a stipulation that if the remedial actions are~ ~/
accomplished, the Department shall issue a notice of intent to find~
the remedial amendment in compliance and the City shall withdraw
its petition in this case.
16. Remedial Actions to be Considered for AdoDtion. The
local government agrees to consider for adoption by formal action
of its governing body all remedial actions described in Exhibit B
no later than the time period provided for in this agreement. ~/~
17. AdoDtion or ADDroval of Remedial Plan Amendments. Within ~
60 days after execution of this agreement by both parties, the
local government shall consider for adoption all remedial plan
amendments and amendments to the support document. This may be
done at a single adoption hearing. Within 10 working days after
adoption of the plan,amendment, the local government shall transmit
5 copies of the amendment to the Department as provided in Rule 9J-
11.011, Florida Administrative Code. The local government also
shall submit one copy to the regional planning agency and to any
other unit of local or state government that has filed a written
request with the governing body for a copy of the plan amendment
and a copy to any party granted intervenor status in this
proceeding. The amendment shall be transmitted to the Department
along with a letter which describes the remedial action adopted for
each part of the plan amended, including references to specific
portions and pages.
18. Review of Remedial Amendments and Notice ...of .Intent.
Within 45 days after receipt of the adopted remedial plan
amendments and support documents, the Department shall issue a
notice of intent pursuant to Section 163.3184, Florida Statutes,
for the adopted amendments in accordance with this agreement.
a. In. Co~Dli~nce: If the adopted remedial actions
satisfy this agreement, the Department shall issue a notice of
intent finding the compliance amendment in compliance. The City
shall withdraw its petition in this case.
b. NQt in Co~pli.ance: If the remedial actions are not
adopted, or if they do not satisfy this agreement, the Department
reserves the right to issue a notice of intent to find the plan
amendments not in compliance.
19. Effec~ of ADendment. Adoption of any compliance
agreement amendment shall not be counted toward the frequency
restrictions imposed upon plan amendments pursuant to Section
163.3187(1), Florida Statutes.
In witness whereof, the parties hereto have caused this
agreement to be executed by their undersigned officials as duly
authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
James Murley ~ /
Secretary
CITY OF SEBASTIAN
Arthur I. Firtion
Mayor
Date
,.March 13, 1996
Date
Attest:
Assistant General Counsel
Clty ~ Clerk
Kathryn M. 0'Halloran, CMC/AAE
City Attorney
Timothy Williams
In witness whereof, the parties hereto have caused this
agreement to be executed by their undersigned officials as duly
authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
James Murley k~,' l/
Secretary
CITY OF SEBASTIAN
Date
Date
Attest:
Assistant General Cou~e_L.
Clerk
Attorney
iN RE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DOCKET NO.: 93-1-NOI-3105-(A)-(N)
CITY OF SEBASTIAN )
COMPREHENSIVE PLAN AMENDMENT )
ADOPTED BY )
ORDINANCE NO. 0-92-07 )
ON MARCH 24, 1993 )
)
STATEMENT OF iNTENT TO FIND
COMPREHENSIVE PLAN AMENDMENT
NOT IN COMPLIANCE
The Florida Department of Community Affairs hereby issues
its Statement of Intent to find the Comprehensive Plan Amendment
of the City of Sebastian, adopted by Ordinance No. 0-92-07 on
March 24, 1993, Not In Compliance based upon the Objections,
Recommendations and Comments Report (ORC Report) issued by the
Department on November 12, 1992, which is hereby incorporated by
reference, and changes made to the plan amendment, as adopted,
which were not previously reviewed by the Department. The
Department finds that the plan amendment is not "in compliance,"
as defined in Section 163.3184(1) (b), Florida Statutes (F.S.),
because it is not consistent with Section 163.3177, F.S., the
State Comprehensive Plan, the Treasure Coast Comprehensive
Regional Policy Plan, and Chapter 9J-5, Florida Administrative
Code (F.A.C.), for the following reasons:
I. FUTURE .LAND US~..MAP (FLUM)
A. Inconsistent provisions. The inconsistent provisions
of the plan amendment under this subject heading are as follows:
1. The amendment does not ensure the coordination of
future land uses with the appropriate soil conditions. The
analysis indicates that the soils pose severe limitations for
septic tank use. The FLUM designation would allow residential
development with on-site sewage disposal subject to approval by
the Indian River County Public Health Unit. Rules 9J-5.006
(3) (b) l., and 9J-11.006(3), F.A.C.
2. The amendment does not ensure the protection of
environmental and natural resources on the annexed site. The
city's adopted Future Land Use Map series shows wetlands and
floodplains immediately adjacent to the river just north and
south of the annexed parcel. The County's Future Land Use Map
series indicates that these types of resources continue along the
river within the annexed parcel. The amendment does not include
revisions to the FLUM series identifying these natural and
environmental resources on the site and does not include analysis
of the character and magnitude of this land in order to determine
its suitability for use. Rules 9J-5.006(1) (b), (2) (b), (2) (e) ,
(4) (b), 9J-5.013(1) (a), (1) (b), (2) (b)2., (2) (b) 3., (2) (b) 4.,
(2) (c)3., (2) (c)5., (2) (c) 6., and 9J-11.006(3), F.A.C.
B. Recommended .remedial actions. These inconsistencies
may be remedied by taking the following ~ctions:
1. Revise the Infrastructure and Capital Improvements
Elements to provide for the expansion of the water and sewer
service to the site (based on the identified unsuitability of the
site for septic tank use) and to support the increased densities
of use, if such are determined to be appropriate. If this site
is to be serviced by water and sewer it should be included in the
service area, as mapped.
2. Identify any resources on the FLUM series, e.g.,
wetlands, floodplains, vegetative communities. Provide an
analysis to indicate the impacts of the land use designation on
such resources. Also, provide an analysis of the character of
magnitude of the amendment site in order to determine its
suitability for use as low density residential. Adopt FL~4
designations which provide adequate protection to the resources
on the amendment site. Designate areas for which conservation
easements or reservations will be required pursuant to the
provisions of Policies 5-1.1.1 and 6-1.4.3. If necessary,
establish a new FLUM designation that will provide adequate
protection to the types of resources located in the annexed area.
INFRASTRUCTURE ANALYSIS
A. Inconsistent provision. The inconsistent provision of
the plan amendment under this subject heading is as follows:
1. The analysis of potential impacts to potable water and
sanitary sewer facilities is not adequate because it
underestimates the potential demand that would be generated by
the maximum development allowed by the FLUM designation. The
analysis quantifies demand for potable water and sanitary sewer
based on 100 gallons per reslidence, rather than 100 gallons per
capita per day, which is the adopted LOS standard. Therefore,
the analysis underestimates potential demand by a factor equal to
the City's average household size (2.44). Rules 9J-5.006(2) (a),
and 9J-11.006(1) (b)4., and (3), F.A.C.
B. Recommended remedial action. This inconsistency may be
remedi~ d by taking the following action:
1. Revise the analysis of potential impacts to potable
water and sanitary sewer facilities based on the adopted LOS
standards of 100 gallons per capita per day.
Iii. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. Inconsistent provisions. The inconsistent provisions
of the plan amendment under this subject heading are as follows:
1. The adopted comprehensive plan amendment is
inconsistent with the State Comprehensive Plan goals and
policies, including the following provisions (Rule 9J-5.021,
F.A.C.):
a) Goal l0 (Natural Systems and Recreational Lands) and
Policies 1 and 7;
b) Goal 16 (Land Use) and Policy 6;
c) (Natural Resource Preservation) and Policy 16.2.1.2.
B. Recommended remedial action. These inconsistencies may
be remedied by taking the following action:
1. Revise the amendment to be consistent with the above
referenced Goals and Policies of the State Comprehensive Plan.
IV. CONSISTENCY WITH THE TREASURE COAST COMPREHENSIVE R~GIONAL
POLICY PLAN
A. Inc~nsiste~._Drovisions. The inconsistent provisions
of the plan amendment under this subject heading are as follows:
1. The adopted comprehensive plan amendment is
inconsistent with the Treasure Coast Regional Policy Plan goals
and policies, including the following provisions (Rule 9J-5.021,
F.A.C.):
a) Goal 16.2.1 (Natural Resource Preservation) and Policy
16.2.1.2o
B. Recommended remedial action. This inconsistency may be
remedied by taking the following action:
1. Revise the amendment to be consistent with the above
referenced Goals and Policies of the Treasure Coast Comprehensive
Regional Policy Plan.
CONCLUSIONS
1. The plan amendment is not consistent with the Treasure
Coast Comprehensive Regional Policy Plan.
2. The plan amendment is not consistent with the State
Comprehensive Plan.
The plan amendment is not consistent with Chapter 9J-5,
F.A.C.
4.
The plan amendment is not consistent with the
requirements of Section 163.3177, Florida Statutes.
5. The plan amendment is not "in compliance," as defined
in Section 163.3184(1) (b), Florida Statutes.
6. In order to bring the plan amendment into compliance,
the city may complete the recommended remedial actions described
above or adopt other remedial actions that eliminate the
inconsistencies.
Executed this
Florida.
day of May, 1993, at Tallahassee,
Charles G. Pattison, Director
Division of Resource Planning
and Management
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
LEGAL PETITION DATA SHEET
TO:
FROM:
SUBJECT:
DATE:
David Russ, Assistant General Counsel
Coded Information
A. 1. Adoption Ordinance No.
2. Adoption Date
Date of adoption public
hearings, if different from
adoption date
Date of ORC Report
Title of proposed comprehensive
plan (some local governments have
a specific title, such as Growth
Management Plan for the City of
Oxford)
Date of letter, as well as name
and title of individual, request-
ing Department to participate in
adoption public hearing.
(Note: If local government did
not request attendance at hear-
ing, please state.)
Date Dept. received copy of
plan and ordinance
Date Dept. published Notice
of Intent.
Date Statement of Intent
Executed by Division Director
/ /
DATE REVISED
7-16-91
BUREAU OF STATE
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
PLANNING
OBJECTIVE 4-1.3: PROCEDURES kND STANDARDS FOR ON-SITE WASTEWATER
TREATMENT SYSTEMS. The City shall assist in assuring
implementation of State regulations imposing mandated standards for
inspections, operation and maintenance of on-site wastewater
treatment systems.
Policy 4-1.3.1: Use of On-Site Wastewater Treatment Systems. Use
of on-site wastewater treatment systems shall be limited to the
following conditions:
a. Existing septic tank and package treatment plants may remain
in service until such time as centralized service is made
available.
b. Use of septic tank systems for new development shall be
restricted to sites on which the Indian River County Public
Health Unit renders a finding that the site and facility
design is in compliance with State and local regulations
governing the same.
c. The undevelQped 18.4 acres of land located south of Block 339L
Sebastian Hiqhlands Unit 13, and west of Laconia Street shall
have a density not to exceed 1 unit per acre if the
development utilizes septic tank and we.~l systems, if public
water and sewer is constructed for this developmen.~, the
density shall not exceed 5 units per a~re.
Use of package treatment plants shall comply with applicable
laws governing the location, use, and design of the facility.
Package treatment plants shall be designed in a manner which
facilities integration into an areawide or regional system in
th~ future.
MAP I - 1
EXISTING LAND USE MAP SERIES
Exisling I_and Use
SCALE
o 1~ 1/2 ~/4 i
%
%
Compiled by: City of Sebastian ~nd 5Olin [ Associates,Inc.
LEGEND
Residential
[] Single Family Low Oenst:y
Up ~o 4 units/acre
E~ Hobfle )lome Lo~-14edlum Density
Up to 6 units/acre
[~ Hu)t'ip)e Family Hedlum Density
Up to 8 units/acKe
~ VacanC and Undeveloped
lion. Res Identta 1
[] Commercial - Up to I40 trtl)s/1000 sq.rt.
~ Industrial ~ UP to 15 trips/lO00 sq.ft.
[] institutional - Up to 70 trtps/IOOO sq.ft.
~ Recreation and
Open ~ace - UO to a~ [ri~s/acre
~ Utilities - UP to 15 trigs/lO00 sq.ft,
~ Airport * Up to IS t~ioi/tO00 ~q.ft.
DATE: f'arch 31. lgBS,
I-Z
EXISTING LANO USE MAP SERIES
Estuari~e Shoreline and Wetlar~d Areas
Vol
SCALE
/4 I/2 3/4 1
MILE
%
LEGEND
~ Iletl and
~ Estuarlne Shoreline
lhe City of Sebastian h.)s no beaches.
SOURCE: Indian River County PIann(n~ ~nd
DATE: ilovember Z4, rgB?
EXISTING LAND USE: MAP
Sudicial Aquil'er Recharge Areas and Walerwells
SCALE
MILE
Alrporl ~
Genera! Oeyelopmenl
Utilities Water
Well
Whispering Pelm~
Wete¢ Well
\ \
LEGEND
SOURCE:
~ Good to Excellent Recharge Potential
Hoderate to Good Recharge Potential
Poor to Moderate Recharge Potential
· !tater Wells ( Nn data' deltneatfnq the cones of Infl~uence for these ;hallow
. . a~uifer ~ells Is currently available. )
indian Rfve~ County ~oil 5u?veg OAT[: Nov~bet 24, t987
MAP' I - :2.4
EXISTING LAND USE MAP SERIES
Historic Resources
,,' % ~ ~,,,,,,,,,~u"'"'"S'-"
. SebastlanAirport ~~ /~;
/
LEGEND
Approxim~le ~ of titmice Site A~a ''"**' C It't 8eundary
· l-12 Cr~lere~e T~ble l-l: FI;~( ,~ S;~es,
I-6
Adjace~t Lr~r]d Uses
AIrl~ot I
SCALE
0 ~/4 1/2 3/4
MILE
LEGEND
[] Single family
~ t~obile Home
~ [n~tuLional
] Industrial
~1~ Agricultural
[] Undevelooed
\ \
SOURCE:
Aerial Photograohs and Indian] River CounCy DATE: Dovember 24, ]987
[986 Exist;lng Land Use r-la~
EXISTING LAND USE MAP SERIES
Maior Undeveloped Lands
SCALE
MILE
=ngl3r Orlye
SOURCE:
LEGEND
SOURCE: {ndlan River County Tax Assessor's Aerial Hnps
Solin & Associates, inc.
Date: May 1991
1-8
MAF' I- 5
EXISTING LAND USE MAP SERIES
Soils and Topography
SCALE
I
MILE
20.4'
LEGEND
] Asr .llula. ArchiboId - SI, Lucie
Myakk~ - ttl'~mok~e~
SOURCE; 1notion R~ve¢ Count/ Soil Survey DAI'~: November 24, IgC?
l"~
EXISTING LAND USE MAP SERIES
Generalized Fk)odplain Areas
Sehe,~llen
\ F
SCALE
MILE
LEGEND
(~,,ocnmunily ~h,,nbi!r l~mOl~3. LI,qy 4, )~l~19)
1-1[)
EXIS'rlt.,iG LAf4D USE MAP SETllES
City Flecrenliorl Rr~Sotlrces
SCALE
%_'
'--....j ®
(3)
(6)
LEGEND
~ Jv~"r frollt Park
Ashford T, Jordan Park
S~basti~n Yachl (IuO
~iv~rfronL Park )L FeJltmEre ~ond
-_
: \
%.\
Compt led by:
City of Sebastian and Solln ~. Assoclates,lnc
(7) Riv.rvleu ra,k
'(I 5cbasLlan Huntc 1 ~olf Course
gATE: /~ugus t[ 1980
I,II