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HomeMy WebLinkAboutO-10-07WHEREAS, the City Council adopted the Sebastian Comprehensive Plan on December 2, 1981 and has made amendments thereto from time to time; and WHEREAS, Florida Statute Section 163.3177(3)(b)1 requires the City to annually review and modify, as necessary, its Capital Improvements Element of the Comprehensive Plan; and ORDINANCE NO. 0 -10 -07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, Florida Statute Section 163.3187(1)(f) allows the City, by ordinance, to amend its capital improvements element once per year outside of the standard twice a year amendment limitation threshold and do so through only one adoption public hearing; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian held a public hearing on August 5, 2010 to consider the Capital Improvement Program, and recommended that City Council adopt the same; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN AMENDMENT. The amendment to the City of Sebastian Capital Improvements Element of the Comprehensive Plan is hereby adopted amending the Data Inventory Analysis and Goals Objectives Policies as set forth in the attached Exhibit "A Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember Gil lmor The motion was seconded by Councilmember w ight and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice -Mayor Don Wright aye Councilmember Andrea Coy aye Councilmember Richard Gillmor aye Councilmember Eugene Wolff aye The Mayor thereupon declared this Ordinance duly passed and adopted this 15th day of December ,2010 Sally A. aio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Hill, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney 6 CITY OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT November 2010 EXHIBIT A CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT TABLE OF CONTENTS A. INTRODUCTION 1 B. INVENTORY OF NEEDS AND FUNDING SOURCES 2 1. Public Facility Needs 2 a. Public Health Facilities 2 b. Public Education Facilities 2 c. Public Safety Fire Services 3 d. Police Services 4 e. Transportation 5 f. Sanitary Sewer 7 g. Solid Waste 8 h. Drainage 9 i. Potable Water 10 j. Recreation /Open Space 11 2. Funding Source Definitions 11 a. General Fund Revenue Sources 12 b. Other Funds Revenue Sources 13 C. PUBLIC FACILITY ANALYSIS 15 1. Current Practices for Funding Capital Improvements 15 2. Impacts of Future School Needs on Infrastructure 16 3. Timing and Location of Capital Projects 16 4. Financial Assessment 16 a. Transportation 16 b. Sanitary Sewer 17 c. Water 17 d. Solid Waste 17 e. Drainage 18 f. Recreation and Open Space 18 5. Forecasting of Revenues and Expenditures 18 a. Debt Capacity 19 b. Operating Expenses 19 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 6. Financial Feasibility 19 7. Concurrency Management 19 D. GOALS OBJECTIVES AND POLICIES 33 LIST OF TABLES Table IX 1: Inventory of Public Schools 21 Table IX 2: City of Sebastian Capital Improvements Schedule FY 2010/11 2014/15 22 Table IX 3: Projection of Ad Valorem Tax Revenues 24 Table IX 4: Projections of Non -Ad Valorem Tax Revenues 25 Table IX 5: Projections of Debt Service Obligations for Outstanding Bond Issues 30 Table IX 6: Projection of Debt Capacity 31 Table IX 7: Projections of Operating Expenses 31 LIST OF MAPS Map IX 1: Schools Serving the City of Sebastian 32 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT A. INTRODUCTION CHAPTER IX CAPITAL IMPROVEMENTS ELEMENT The purpose of the Capital Improvements Element is to evaluate the need for public facilities as identified in other Elements of this Plan. In addition, the Capital Improvements Element will present an analysis of the fiscal capability of the City to fund needed public facilities, recommend financial policies to guide the funding of those identified improvements, and to schedule the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required. All capital projects shall be reviewed as to their compatibility and timing in relation to capital projects being implemented or planned by Indian River County, the Florida Department of Transportation, the St. Johns River Water Management District, the Indian River County School Board, the Florida Department of Environmental Protection, and /or any other applicable government agency. Needed capital improvements are those that are necessary to meet the adopted level of service standards identified in other Elements of this Plan. The City of Sebastian public facilities that require identification and funding are: Transportation Roadways that are under the jurisdiction of the City and County, and those roadways which need funded improvements. Sanitary Sewer Sanitary sewer treatment and effluent disposal facilities necessary to serve the existing and future population of the City. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate sanitary sewer facilities. Solid Waste Solid waste disposal facilities to service the City's existing and future population. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate solid waste collection methods. Drainage Drainage systems necessary to meet recommended level of service standards for stormwater quality and conveyance. Provision of said services and facilities shall include coordination with Indian River County and the Saint Johns River Water Management District (SRWMD), for improvements to systems and basins which serve the City but are outside its jurisdiction. Potable Water Potable water treatment facilities necessary to serve the existing and future population of the City. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate potable water facilities. Recreation/Open Space Land area necessary to meet the recommended level of service standards. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The Capital Improvements Element will also present methods to implement and monitor Concurrency Management as defined and required in Chapter 9J- 5.003, 9J -5.016 9J- 5.0055, Florida Administrative Code (F.A.C.). B. INVENTORY OF NEEDS AND FUNDING SOURCES 1. Public Facility Needs The applicable elements have identified various capital improvements necessary to meet the recommended level of service standards. In addition, Chapter 9J- 5.016, F.A.C. requires the City to assure adequate public facilities are available to service public health, safety and education needs. An assessment of the required public facilities is presented below. a. Public Health Facilities The Sebastian River Medical Center is a 129 -bed private facility operated by Health Management Associates of Naples, Florida. Located outside the City limits, the medical center is not part of the City's budgetary process. The Indian River County Health Department provides medical care to all Indian River County residents at its main clinic (the Vero Beach Center), and the Gifford Health Center satellite clinic, which are both located in Vero Beach approximately fourteen miles from Sebastian. b. Public Education Facilities The Indian River County School District operates the public education facilities for residents of Sebastian. There are three educational facilities located within the City of Sebastian, Pelican Island Elementary School, Sebastian Elementary School, and the Sebastian Charter Junior High School. The City is also served by the Sebastian River High School, Sebastian River Middle School, and Storm Grove Middle School that are located outside the City limits. These education facilities have been included in the assessment of applicable public facilities. An inventory of these public education facilities, including enrollment, capacity information, and locations are presented in the Public Schools Facilities Element (PSFE). All counties and municipalities are required to adopt a Public School Facilities Element (PSFE) as a part of the Comprehensive Plan by March 1, 2008. Indian River County adopted its PSFE in November 2007. The City is a party to the Indian River County Interlocal Agreement for Public School Planning, along with Indian River County, Indian River County School Board and the cities of Fellsmere and Vero Beach. The interlocal agreement was approved by all entities in February 2008. A general summary of existing and future public education deficiencies is as follows. Please note, this summary does not include charter schools. (1) Existing Public Education Deficiencies: There are no schools in Indian River County over capacity at this time, according to the CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT most recent 5 -Year District Facilities Work Program adopted by the School Board on September 28, 2010. Construction of the new Storm Grove Middle School has eliminated the serious overcrowding at Sebastian River Middle School. (2) Future Public Education Deficiencies: Based on student population projections for school years through 2014 -2015, there will be no county schools over capacity in the five -year projection. (3) Upgrades Maintenance of Public Education Facilities: The Indian River County School District maintains a Five -Year Capital Improvement Program to address capacity requirements as well as upgrades and maintenance of all public education facilities c. Public Safety Fire Services The Fire Rescue Division of the Indian River County Emergency Services Department services the City of Sebastian as well as providing service throughout the County. The Indian River County Emergency Services Department does not serve Indian River Shores, which has its own fire department. The services provided include firefighting, basic life support and advanced life support medical response, special operations (marine firefighting, dive rescue, airport firefighting and rescue, high angle rescue, hazardous materials response and confined space rescue), fire prevention, arson investigation, pre hospital emergency care and public education. Fire /EMS Station 8 is presently located within the City limits of Sebastian. Fire Station 9, which was damaged by the hurricanes in 2004, was abandoned in 2009 and the personnel and equipment moved to another station located just north of Sebastian outside the City limits. The new Station 9 on Roseland Road provides services to the same geographic location as the old station. In addition, depending on the circumstances, equipment or resources from any of the other nine fire stations in the County can be diverted to the City. Fire Station 8 is staffed by five (5) full time Fire/EMS personnel and its equipment includes a Quint', an ambulance, a brush truck and a tank truck. Fire Station 9 is also staffed by five (5) full time Fire/EMS personnel and its equipment includes an ambulance, an engine and a brush truck. A general summary of any existing and anticipated future public safety deficiencies is as follows: (1) Existing Fire Safety Deficiencies: Based on the County's Insurance Services Office (ISO) rating, there are no existing fire safety deficiencies for services provided within the City of Sebastian. The ISO ratings are given to fire departments Quint is a term assigned to a piece of firefighting apparatus (vehicle) that is comprised of a combined ladder and engine /pumper truck. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT throughout the country based on the effectiveness of their fire protection services and equipment to protect the community. (2) Future Fire Safety Deficiencies: Continued residential and non- residential development may increase the demand for Fire /EMS services. As part of the County's long -range planning efforts, the County has identified the future development of a new fire /rescue facility at the western boundary of the City that will also service unincorporated County. (3) Upgrades Maintenance of Fire Safety Facilities: The Indian River County Fire Rescue Division has two primary sources for capital expenditures: emergency services district and optional sales tax. No general fund money has been spent on fire rescue capital improvements in recent years. The County assesses impact fees for new development based on land use. The City of Sebastian collects the County impact fees and forwards them to the County. As stated previously, the County has identified the future development of two (2) new fire /rescue stations located at 49 Street adjacent to Gifford and 4 Street and 43 Avenue to accommodate the future demand for fire /rescue service associated with new development. The estimated cost for these facilities is approximately $5,444,705. The new stations will be funded with impact fee revenue. d. Police Services The Sebastian Police Department provides law enforcement services to the residents of Sebastian. Currently, there are 38.5 sworn officers, including the Chief of Police. The Sebastian Police Department has a civilian support staff of 18.5 which includes code enforcement activities. In 2004, the existing Sebastian Police Station was expanded from 8,700 square feet to 18,700 square feet to address issues identified in the City's 1999 Comprehensive Plan. A summary of existing and future police service deficiencies is as follows: (1) Existing Police Deficiencies: Measuring police services in order to identify deficiencies is a relative task. While a common tool used to measure police services is the citizen to officer ratio, the International Association of Chief's of Police recognizes that this tool does not capture all the components that measure whether a police unit is effective. Nevertheless, when comparing Sebastian to communities of similar demographics and population, Sebastian's FY 2011 citizen to officer ratio is 1.72 compared to an average of 2.1 and Sebastian's Total Crime Index for 2009 is 651 compared to an average of 887. With no clear relationship between citizen/officer ratio and crime, it has been determined that Sebastian does not have police deficiencies at this time. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT (2) Future Police Deficiencies: During the last several years, Sebastian Police Department expenditures have been managed in accordance with the overall reduction in revenue as a result of the national recession. In order to determine future deficiencies, Sebastian will measure police services by using a number of indicators such as total crime index, overall costs, total call outs and response times. Upgrades Maintenance of Police Facilities: The police department expansion was designed to accommodate the needs of the community until 2015. The City has identified additional capital outlay for minor capital improvements through 2014. Other capital purchases for vehicles, laptops and qualifying capital expenses have been made with special revenues and budgeted accordingly. This practice has helped to defer some of the financial burden of police services from the General Fund. Current public safety expenses, which include police services, dispatch and code enforcement is $4,762,875. e. Transportation All major roadways within the City limits of Sebastian are under the jurisdiction of the State of Florida, Indian River County or the City of Sebastian. Using functional classifications established under Chapter 355, F.S. the major components of the Sebastian roadway inventory consists of: US Highway 1 is a divided four (4) lane facility under the jurisdiction of the Florida Department of Transportation (FDOT) and serves as a principal arterial. This road provides a linkage for both inter and intra- county traffic between Brevard and St. Lucie counties. Since US 1 is the primary north south route through the City of Sebastian, local traffic also uses this road on a frequent basis. Sebastian Boulevard (County Road 512) is a divided four (4) lane facility under the jurisdiction of Indian River County and serves as a minor arterial for the City, providing access between US 1 and the west City limits line. Since Sebastian Boulevard is the primary east -west route through the City of Sebastian, local traffic also uses this road on a frequent basis. Roseland Road (County Road 505) is an undivided two (2) lane facility under the jurisdiction of Indian River County and serves as a north -south minor arterial for the City of Sebastian. Roseland Road connects US 1 to Sebastian Boulevard in the northeast section of the City and provides access to the airport. Wabasso /90 Avenue (County Road 510) is a divided four (4) lane facility south of 510 that reduces to a two (2) lane undivided facility. The County is (3) CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT currently finalizing plans to make this entire segment a four (4) lane divided facility. This road connects to Sebastian Boulevard and US 1. Schumann Drive is an undivided two (2) lane facility from Barber Street to Beach Lane and a divided two (2) lane facility from Beach Lane to US 1, under the jurisdiction of the City and serves as an urban collector for the City of Sebastian. Within the City, Schumann Drive runs north -south along the eastside of the City from Barber Street to US 1 and can be characterized by its curvilinear design. Schumann Drive becomes 66 Avenue as it leaves the city limits to the south and connects to CR 510. Englar Drive is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Englar Drive provides an east -west connection from Barber Street to Schumann Drive. Englar Drive allows the primary residential area access to US 1 and the commercial districts. Barber Street is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Barber Street serves the Sebastian Highlands area north and south of Sebastian Boulevard (CR 512). Barber Street begins at Wimbrow Drive near Hardee Park and runs south to US 1 with connection to Sebastian Boulevard (CR 512) and Schuman Drive. Main Street is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Main Street links US 1 with Easy Street and Fleming Street, both of these streets connect to Sebastian Boulevard. Main Street serves the City Hall/Police Station, the City Golf Course, the City Airport and the Post Office. Easy Street is a undivided two (2) land facility under the jurisdiction of the City that provides a key north -south route through Sebastian. This roadway extends from Main Street south to Schumann Drive providing access to Sebastian Boulevard (CR 512). These roadways, along with all other classified roads, are listed in Table II -5 in the Transportation Element. A general summary of existing and future transportation system deficiencies is as follows: (1) Existing Transportation Deficiencies: There are no existing level of service (LOS) deficiencies on any State, County or local collector roads in the City of Sebastian. The majority of the City's roadways operate at LOS C with the exception of Barber Street and Schumann Drive which operate at LOS D. The established LOS for the City collector roadways is LOS D. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT (2) Future Transportation Deficiencies: The Indian River County MPO 2030 Long Range Transportation Plan identifies several roadways that have the potential to become deficient between 2011 and 2030 for the City of Sebastian. These include portions of US 1, CR 512 (Sebastian Boulevard), CR 505 (Roseland Road), Barber Street, Schumann Drive and the extension of Laconia Street. Upgrades and Maintenance of Transportation System: The Indian River County Transportation Improvement Program does not identify any roadway improvements in Sebastian between the fiscal years 2007/08 and 2011/12, because no deficiencies are expected to occur until after 2012. The City has programmed and coordinated several improvements on State, County and local roads to improve operations and pedestrian safety, including: raising the elevation and widening Easy Street (including stormwater improvements and sidewalk/bicycle paths); constructing pedestrian bridges over waterways alongside parallel roadways for safety reasons; improvements to CR 512 corridor through landscaping and enhanced pedestrian crosswalks; intersection improvements at Barber Street and Schumann Drive; ongoing sidewalk construction program; and design and construction of a paved road extending Powerline North Road to CR 512. Planned maintenance includes street resurfacing throughout the City. f. Sanitary Sewer The central sanitary sewer system for the City of Sebastian is operated and maintained by Indian River County Utilities. The system is not available throughout the majority of the City of Sebastian, only along arterial roadways and in newer subdivisions. The City is served through the North Regional Wastewater Treatment Plant, which is linked to the Central Regional Plant, providing a combined current permitted capacity of 4.85 MGD. A general summary of existing and future Sanitary Sewer System is as follows: (1) Existing Sanitary Sewer Deficiencies: The County installed and maintains the collection system that exists along the arterial roadways within the City of Sebastian. There are no existing collection system deficiencies, with the exception of any failing private septic tanks. (2) Future Sanitary Sewer Deficiencies: There are no anticipated future sanitary sewer deficiencies. It is anticipated that as the population of Sebastian and the surrounding unincorporated 2 Indian River County Transportation Improvement Program FY 2007/08- 2011/12, IRMPO, July 11, 2007 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT g. Solid Waste County grows, the demand for sanitary sewer services will increase. The County's Five -Year Capital Improvement Program identifies funds to complete the construction of the Spoonbill Marsh Site natural treatment facility that serves the North Regional Waste Water Treatment Plant service area, which is expected to accommodate future demand for sanitary sewer services associated with the anticipated population increases in the Sebastian area. Upgrades and Maintenance of the Sanitary Sewer System: Indian River County maintains a Five -Year Capital Improvement Program, which addresses the necessary upgrades and maintenance of its sanitary sewer system. The City of Sebastian and Indian River County coordinate regarding the anticipated future demand for Sanitary Sewer Services and the installation of system upgrades and enhancements. Indian River County provides solid waste disposal services to all residents and businesses in the County through a dependent special assessment district, the Solid Waste Disposal District (SWDD). The physical assets of the SWDD include the Indian River County Solid Waste landfill site and five Customer Convenience Centers (CCCs). The landfill site presently includes a total area of 595 acres that contains two (2) separate landfills. These are a Class I landfill (which contains two segments) and a Construction and Demolition (C &D) landfill. Additionally the landfill site contains a 5 -acre parcel dedicated for grinding all vegetative debris received. The SWDD does not provide solid waste collection services directly to homes and businesses. The City authorizes private franchise operations that provide such services on a voluntary basis for a monthly fee. The franchise operators also provide recycling service to all residential improved properties. The franchise operators bring the solid waste and recycling materials to the landfill site, and are not charged a tipping fee. Residents who do not contract with the franchise operators for solid waste collection are responsible for bringing their solid waste to one of the five Customer Convenience Centers. Hazardous solid waste is prohibited at the CCCs, although some is probably dropped off there. The SWDD transports solid waste from the CCCs to the landfill. Residential and commercial recycling materials may be dropped off directly by residents and business owners at the landfill. A general summary of existing and future Solid Waste deficiencies is as follows: (1) Existing Solid Waste Deficiencies: There are currently no deficiencies in the solid waste program. Indian River County currently has adequate landfill capacity to meet the City's needs through the year 2030. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT (2) Future Solid Waste Deficiencies: There are no solid waste deficiencies anticipated through the planning period 2030. With the current cells and proposed additional cell 3, which includes an expansion of the existing C &D landfill, the landfill's design capacity will be 13.5 million cubic yards by 2030. It is estimated that to accommodate the anticipated future demand for solid waste services after the planning horizon year 2030, the landfill facility will require additional capacity for Class I solid waste and additional capacity for construction and demolition waste. (3) Upgrades and Maintenance of Solid Waste Program: The County has no plans to upgrade its overall solid waste program. The County's Five -Year Capital Improvements Plan includes general improvements, and expansions in some cases, to the transfer stations (Citizens Convenience Centers). h. Drainage The City of Sebastian adopted a Master Stormwater Management Plan in 2004 that identified drainage projects to address drainage issues and problems within the City. The drainage issues were generally related to lack of culverts and problems with existing control structures, open channels and wet detention ponds. The Master Stormwater Management Plan projects were ranked using the following criteria: flood severity; public benefit; priority; permitting requirements; and water quality enhancement potential. A general summary of existing and future drainage deficiencies within the City are identified as follows with generalized recommendations for improvements. (1) Existing Drainage Deficiencies: City staff and the Stormwater Master Plan identified existing problem areas in the City in 2004. A recommended capital improvements schedule was included in the Stormwater Master Plan for the fiscal years 2003/04 to 2008/09. (2) Future Drainage Deficiencies: New development has to be designed to meet stormwater level of service standards. The Stormwater Master Plan has identified capital improvements designed to address the anticipated future conditions through 2018/2019. (3) 3 City of Sebastian, Master Stormwater Management Plan, CDM, 2004 Upgrades and Maintenance of the Drainage System: Stormwater system improvements identified in the Sebastian Stormwater Master Plan for the years after FY 2009 /10 are included in the City's five -year Capital Improvements Program. The City has identified $450,000 per year in FY 2009/10 through FY 2013/14 to upgrade the existing swale system with quarter -round pipe. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Scheduled maintenance now includes a program for mowing rotation of ditches. i. Potable Water The central potable water system for the City of Sebastian is operated and maintained by Indian River County Utilities through its North County Reverse Osmosis Water Treatment Plant, which began operations in 1998. The current capacity of the North County Reverse Osmosis Water Treatment Plant is 3.5 MGD. A general summary of existing and future Potable Water System deficiencies is as follows: (1) Existing Potable Water Deficiencies: There are no existing deficiencies related to potable water consumption. The Indian River County Water Utility system has the capacity to serve existing residential and non residential units that do not have private wells. (2) Future Potable Water Deficiencies: In order to address anticipated deficiencies based upon the projected potable water demand in 2030, Indian River County will establish six (6) additional wells. These wells are currently undergoing permitting. The County is also working with a consultant to design an alternative water supply project to coordinate design capacity with demand projected to 2030 for the North County WTP. Upgrades and Maintenance of the Potable Water System: Indian River County maintains a Five -Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. In the event the County is required to convert to alternative water supply sources, the existing treatment plant technology and facilities will continue to be utilized. In 2007, Indian River County prepared an Alternative Water Supply Master Plan. According to that plan, surface water may serve as an alternative to, or a supplement to, the Floridan Aquifer as the County's future potable water supply source. For surface water to be a practical alternative supply source, however, there needs to be a viable surface water storage system. Any such surface water storage system would need to be designed in coordination with the St. Johns River Water Management District (SJRWMD). In addition to identifying and planning for future alternative water supply sources, the County Utilities Department is also analyzing implementation of various water conservation and reuse programs. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT j. Recreation /Open Space The City of Sebastian Parks and Recreation Division is responsible for the maintenance and upkeep of its City parks as well as the maintenance and upkeep of rights -of -way and medians within the City. These responsibilities include maintenance of restroom facilities at nine (9) parks, regular maintenance of seven (7) baseball /softball fields and football /soccer fields, repairs to playground and picnic facilities, and the associated landscape planting and maintenance at these facilities. The City's park inventory includes over 1,097 acres of parkland. This parkland is comprised of twenty -five (25) neighborhood parks, nine (9) community parks, including the Municipal Golf Course, and the Stormwater Park. The City also owns and operates two (2) boat ramps. A general summary of existing and future Parks and Recreation facilities is as follows: (3) (1) Existing Parks and Recreation Deficiencies: The City has no existing Parks and Recreation deficiencies. The City's LOS standard is two (2) acres of neighborhood parks per 1,000 residents and two (2) acres of community parks per 1,000 residents. Based on population projections through 2015 (28,069 residents) the City's 297 acres of neighborhood parks and 800 acres of community parks exceed the adopted level of service for park land. (2) Future Parks and Recreation Deficiencies: Based on population projections through 2030 (38,384) there are no deficiencies anticipated throughout the long -term planning period. Upgrades and Maintenance of the Parks and Recreation System: There are no existing or future recreation and open space deficiencies identified. However, the City has included several capital projects aimed at enhancing the City's parks and recreation infrastructure through 2014. These projects include: development of two (2) existing unimproved parks located at the intersection of Barber Street and Acorn Terrace, and the park at the intersection of Celtic Avenue and Crown Street. Additional programmed improvements include addition of Splash Park Canopy, Skate Park Office, Barber Street Field Lighting and Riverview Park Lift Station. 2. Funding Source Definitions The City of Sebastian utilizes numerous sources to fund operation and capital expenses in the City. Since the adoption of the Comprehensive Plan, the City has employed methods described in the Capital Improvements Element in addition to its standard annual budgeting procedures to allocate funds for specific purposes. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT An overview of various funding sources utilized for capital project funding is presented below. a. General Fund Revenue Sources (1) Ad Valorem Taxes (Property Taxes). Ad valorem taxes include revenue from non exempt property taxation. The current millage rate is 2.9917 (2) Local Half -Cent Sales Tax. Sales taxes are collected by businesses and remitted to the State of Florida pursuant to the "Local Government Half -Cents Sales Tax Fund" program, created by the Florida Legislature in 1982. Monies in this trust fund are distributed monthly to eligible counties and municipalities. Franchise Fees. Franchise fees are paid by utility providers (electricity, solid waste) for their use of City streets and property in providing their services. The City assesses a franchise fee for the electric utility and the solid waste collection services. (4) Licenses, Permits and Fines. All businesses operating in the City are required to pay a local business tax. Fees for driveway permits, zoning, site plan review, plat review and alarm permits, provide income from this revenue source. Fines for parking tickets, court fines, code enforcement fines, and the like provide additional income. (5) (6) Interest Income. Interest income is revenue earned on funds that have been invested by the City. Other Charges for Services/User Fees. Service and user fees are charges for services provided by the City that are paid by the users to fully or partially cover the costs to provide services. Utility Services Taxes. Utility taxes are assessed at a rate of 10% of the monthly purchase price on purchases of electricity, water, and LP gas services on customers within the City limits. Communication Services Taxes. The Communication Service Tax replaced the franchise fee for dealers of communications services (including, but not limited to, phone and cable TV services). The 4 City of Sebastian Annual Budget, Fiscal Year 2007/08. Intergovernmental Revenue. Intergovernmental revenues are funds collected by the State or County and shared with other local government units. Major sources of shared revenue include the cigarette tax, State revenue sharing, beverage licenses, mobile home licenses, motor fuels tax, half -cent sales tax and occupational licenses. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT City assesses a tax of 5.22% of the sales price on all taxable sales of communication services provided within the municipality. b. Other Funds Revenue Sources (1) Impact Fees. These fees are charged concurrent with new development and contribute toward payment for infrastructure needs, but not operational costs, which directly result from new development. The only impact fee revenue included in the City's budget is currently assessed for parks and recreation. The City collects impact fees for Indian River County for transportation, emergency services, sanitary sewer, solid waste and potable water. (2) Special Assessments. Special assessments are levied against residents, agencies or districts that directly benefit from the service or facility. Special Fees. The City established the Sebastian Stormwater Utility in 2001, which levies an annual fee on a per unit/property basis throughout the community. (4) Enterprise Funds. Enterprise funds are used to account for City services that are operated in a manner similar to private business enterprises where the intent is that the costs (expenses including depreciation) of providing goods and services to the general public on a continuing basis be financed or recovered primarily through user charges. Examples of these are the Building Department Fund, Golf Courses and the Airport. Local Option Gas Tax (LOGT). The LOGT is a six -cent per gallon tax levied by Indian River County. The tax funds are distributed to participating cities within the county on a percentage basis determined by the cities' populations and amount of annual transportation related expenditures. (6) Discretionary Sales Taxes. The discretionary sales tax is the additional one -cent sales tax levied by Indian River County. In November 2002, an extension of the original Optional One -cent Sales Tax was approved by voter referendum through December 31, 2019. The tax funds are distributed to participating cities within the County on a percentage basis determined by the cities' populations. Tax Increment Fund (TIF) Revenue TIF revenue is tax revenue that is attributable to the increase in property values due to the improvements within the City's Riverfront Redevelopment Area. The additional tax revenue that is received from the affected properties is referred to as the tax increment. This TIF revenue (3) (5) (7) CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT may be used for capital projects located within the City's Riverfront Redevelopment Area. Law Enforcement Forfeiture Fund This fund is used to account for the receipt of forfeited cash and equipment associated with police activities. The use of these funds is restricted to police related equipment purchases and community education initiatives. General Obligation Bonds. These bonds are backed by the full faith and credit of the local government and must be approved by voter referendum. They offer low interest for carrying less risk since they are secured by government taxing power. Capital improvements financed through general obligation bonds should be used only for projects benefiting the whole City. Currently, the City has no General Obligation Bonds. (10) Revenue Bonds. Funds raised from revenue bonds may be used for projects benefiting a specific group since charges collected from users of the improvement are applied directly to the debt service on these bonds. In this respect, the projects are self supporting. Revenue bonds pay higher interest and their issuance may be approved by the City Council without voter approval. (11) Industrial Revenue Bonds. Though the local government issues these bonds, the debt is assumed by the companies or industries that use the revenues for construction of utility plants or facilities. Because they are tax exempt and low interest, industries are attracted to this type of bond. Local government can transfer the actual liability to provide interest while garnering employment and economic benefits for the community. (12) Federal and State Grants and Loans. Federal funds are allocated to state agencies that administer block grants or are disbursed as block grants directly to state and local agencies or other eligible organizations. The purpose of the block grant program is to enable greater latitude by recipients in the actual use of the funds. These funds are generally a non recurring source and cannot be accurately projected for budgeting purposes. Several federal agencies offer direct loan programs that allow limited ability for the City to finance capital improvements. State loans, however, can be used to finance capital projects such as land acquisition for low income housing. (13) Recreation Impact Fees (RIF). The RIF was established to enable to allow growth and development to proceed in the City in compliance with the adopted Comprehensive Plan, and to regulate growth and development to share in the burden of growth by CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT C. PUBLIC FACILITY ANALYSIS paying its pro rata share for the reasonable anticipated expansion cost of the recreational system improvements. Additionally, the City through impact fees seeks to provide equitable, fair share basis for new and expanded recreational facilities concurrent with the impact and needs generated by new development (Ordinance 0- 01 -15). 1. Current Practices for Funding Capital Improvements Capital improvements in the City of Sebastian are funded primarily by the Discretionary Sales Tax Fund and the Community Redevelopment Agency. The Discretionary Sales Tax will provide 36% of the total funding for capital projects in Fiscal Year, (FY), 2010/11. The Community Redevelopment Agency will provide 7% of the total funding for capital projects in FY 2010/11. Other significant revenue sources for capital improvements for FY 2010/11 are grants, recreation impact fees and stormwater fees. These three sources will provide 36 15% and 6% respectively of the total funding for capital projects in Fiscal Year, (FY), 2010/11. In FY 2010/11 the primary expenditures of capital improvement funds will be for transportation and stormwater improvements. These two expenditure categories will utilize 45% and 22% respectively, of the total capital funds to be expended in FY 2010/11. The various elements of this plan discuss and analyze capital improvements necessary to address existing deficiencies and provide facility expansion to meet projected growth. The methods of project prioritization of the identified capital improvements are explained below. To provide a means to determine the relative priority of each capital project, the City will use the following criteria to prioritize projects: Whether the project increases the efficiency of existing facilities or infrastructure. Whether the project represents a logical extension of facilities within the urban service area. Whether the project is financially feasible. Whether the project is coordinated with major projects of other agencies. Whether the project is necessary to meet established levels of service. Whether the project implements the policies of the Comprehensive Plan as they pertain to concurrency requirements. Whether the project eliminates a public hazard. Based on the criteria noted above, capital projects identified in the various plan elements were rated and the estimated costs for each project were determined. Table IX -2 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT displays a prioritized list of each capital project by element, including the corresponding cost estimate for the period 2010/11 through 2014/15. 2. Impacts of Future School Needs on Infrastructure Impacts placed on public facilities and infrastructure serving school sites will be addressed on a case -by -case basis and are not anticipated to have any significant effects on current or proposed levels of service for short- and long -range planning periods. As additional student stations are added to existing schools or new schools are built, demand for and consumption of public services can be expected to increase proportional with the increase in student stations. The City has included future school demands when analyzing the City's transportation, water and sewer infrastructure needs. In addition, school demands on the City's water and sewer infrastructure have been included in the level of service calculations for those services. 3. Timing and Location of Capital Projects Capital projects planned through 2015 will occur in various locations throughout the City. The timing of new infrastructure is accomplished by setting guidelines within the various Elements of this Plan, to assess the relative strength of the City's infrastructure to service both existing and future growth. The numerous Elements of this Plan require City departments to provide an assessment of the City's infrastructure annually at budget time. As the Capital Improvement Program (CIP) is updated annually if there are any changes or deletions of previously funded projects shown in the CIP, the City will need to adopt an ordinance and transmit the changes to the Department of Community Affairs. 4. Financial Assessment For purposes of assessing the City's financial capability to fund the capital projects identified in this Element, projected revenue sources and expenditures through the year 2015 have been identified in Tables IX -4 and IX -5, respectively. Specific local practices to help provide a more detailed level of analysis that will guide the provision of funding for needed improvements for each public facility are described below. a. Transportation The timing of new roads and streets, intersection improvements, and the placing of traffic signalization is driven by new development, availability of funds and public input. The location of signaling devices is determined by the Florida Department of Transportation (FDOT) on US 1 and by Indian River County on collector streets feeding into arterial streets. Placing of traffic signs and other internal controls on local streets are determined by the City of Sebastian. The City of Sebastian is a member of the Indian River Metropolitan Planning Organization (MPO). The Indian River MPO facilitates and coordinates regional transportation planning and roadway planning activities for Indian River County and its municipalities. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Transportation related operations and maintenance are funded through the General Fund in the City Public Works and Engineering Departments. Capital improvement projects are funded from special revenues. The Indian River County Local Option Gasoline Tax and State Motor Fuels Tax, which are a part of general fund revenues, are reserved exclusively (pursuant to State Statute) for streets and drainage operations and capital projects. The County charges a transportation impact fee on new development throughout the county that is used to fund certain transportation improvements. The City collects the fee for development within its limits and forwards the funds to the County. b. Sanitary Sewer The City's central sanitary sewer system is provided by the Indian River County Utilities Department through its North and Central County Regional Wastewater Treatment Plants (WWTP). The goals, objectives and policies of the Sanitary Sewer Element address the need for the City to coordinate with Indian River County to ensure the County provides adequate wastewater disposal capacity for City residents and commercial establishments in a way that does not damage natural systems. Indian River County maintains a Five -Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. Along with user fees, the County charges a sanitary sewer impact fee on new development throughout the county that is used to fund certain sanitary waste capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. c. Water The City's central potable water system is provided by the Indian River County Utilities Department through its North County Reverse Osmosis Water Treatment Plant (WTP). The goals, objectives and policies of the Potable Water Element address the need for the City to coordinate with Indian River County to ensure the County provides a high quality, adequate water capacity for City residents and commercial establishments. Indian River County maintains a Five -Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. Along with user fees, the County charges a potable water impact fee on new development throughout the county that is used to fund certain potable water capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. d. Solid Waste Pursuant to Chapter 403, F.S., Indian River County is responsible for providing adequate solid waste disposal capacity throughout the planning horizon. The goals, objectives and policies of the Solid Waste Element address the need for the CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT City to coordinate with Indian River County to ensure the County provides adequate solid waste disposal capacity for City residents and commercial establishments. The Indian River County Solid Waste Disposal District is a self supporting operation. Its revenues consist primarily of an annual non -ad valorem assessment on improved property throughout the county and tipping fees charged at the landfill for construction and demolition (C &D) and land clearing debris and tires. The County charges a solid waste impact fee on new development throughout the county that is used to fund certain solid waste capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. e. Drainage The City of Sebastian's 2004 Master Stormwater Management Plan identified potential flooding problem areas within the City and other structural and non- structural drainage improvement needs. In response to the need to comprehensively address and implement long -term solutions to community drainage and other stormwater related problems, the City established the Sebastian Stormwater Utility in 2001, which levies an annual fee on a per unit/property basis throughout the community. f. Recreation and Open Space The City's parks and recreation budget is funded from general fund revenue, the Parks and Recreation Impact Fee applied to new residential development, and grants, such as the Florida Recreation Development Assistance Program and the Florida Inland Navigation District Waterways Assistance Program. 5. Forecasting of Revenues and Expenditures To determine the amount of funds available for capital projects, both expenses and revenues were projected for the planning period. Almost forty (40) percent of the City's total revenue is derived from the City's ad valorem tax base. Projected millage rates and future ad valorem revenues through 2015 are displayed in Table IX -3. As indicated in Table IX -3, ad valorem tax revenues projected for fiscal years 2010/11 to 2014/15 are expected to be considerably lower than revenue collected in previous fiscal years. The reason for the lower projections for ad valorem tax revenue is the passage of Florida's Amendment 1, approved January 29, 2008. The City calculated its projected revenues for the 2010/11 year and years beyond, based on the amendment's doubling of the homestead exemption, from the current $25,000 to a maximum $50,000 for homes valued at $75,000 or more. Additionally, the city is experiencing a major reduction in property values, resulting from the reduction in new construction permits which reflect the state and national trend of the overall housing market Ad valorem revenue is generally used for general fund purposes, while special revenue funds are primarily used for capital improvement projects. Additional projected revenues CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT for funds other than general revenue that can be used for capital projects are provided in Table IX -4. Other financial considerations for capital improvements are described below: a. Debt Capacity The City currently has no bonded general obligation debt. The City has utilized debt service financing to pay for capital projects including roadway improvements, general infrastructure improvements and stormwater improvements. The City utilizes Discretionary Sales Tax revenues, Stormwater Utility revenues and Local Option Gas Tax revenues to fund their respective debt service payments. Schedules of existing debt commitments are displayed in Table IX -5. The maximum amount of total City debt will not exceed 5% of the City's property tax base assessed valuation, as reported annually by the Indian River County Property Appraiser Table IX -6 displays the City's debt capacity based on the maximum 5% ratio to the City's tax base valuation. b. Operating Expenses A schedule of the City's projected operating expenses extracted from funds that provide revenue for each of the City's capital facilities is provided in Table IX -7. 6. Financial Feasibility Section 163.3180(15)(c), Florida Statutes, states: "A determination of financial feasibility shall be based upon currently available funding or funding sources that could reasonably be expected to become available over the planning period." The Five -Year Capital Improvement Schedule (Table IX -2) provides the foundation of an annual planning process that allows the City to meet its capital improvement needs and maintain its adopted level of service standards based on projected growth and available existing capacity. The revenue sources described herein are projected to be adequate to fund the projects identified in the Five -Year Capital Improvements Schedule. These revenue sources include City, County, State and Federal taxes, grants, fees and assessments. 7. Concurrency Management The intent of the Concurrency Management System (CMS) established in Chapter 3, Article IX of the Land Development Code is to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development. This Article sets forth criteria for assessment of development impact and guidelines to ensure that the adopted level of service standards established by the City's Growth Management Policies required for roads, sanitary sewer, potable water, drainage, solid waste, and parks and recreation are maintained. 5 Rule 9J- 5.016, Florida Administrative Code (FAC) CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer, solid waste, potable water, parks and recreation, and transportation facilities, unless the development permit or order is exempt from the review requirements of this section. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this section. CITY OF SEBASTIAN COMPREHENSIVE PLAN Table IX 1: Inventory of Public Schools Public Schools 5 School Enrollment' Capacity Pelican Island Elementary School Sebastian Elementary School Sebastian River Middle School Storm Grove Middle School 452 562 Sebastian River High School Source: Indian River County School District 2010 2011 Work Plan Note: Charter schools not included in the School Utilization inventory. 'School Year 2010/2011 COFTE (estimated full time equivalent) CAPITAL IMPROVEMENTS ELEMENT 677 Portable Student Classrooms 450 Estimated Student Capacity o Capacity) 67% 81% Table IX 2: City of Sebastian Capital Improvements Total Project Cost 200,000 Schedule Fl 10/11 200,000 FY FY 11/12 2010/11 2014/15 Fl 12/13 Fl 13/14 FY 14/15 Project Source of Funding Drainage Excavation Equipment Stormwater Fee 1/4 Round Swale Discretionary Sales Tax Rehabilitation 2,450,000 450,000 500,000 500,000 500,000 500,000 Stormwater Master Discretionary Sales Tax Plan Transportation Vehicular Improvements Citywide Repaving Local Option Gas Tax 50,000 300,000 50,000 50,000 100,000 150,000 512 Median Discretionary Sales Tax Landscaping 500,000 500,000 Parking Study CRA Tax Increment 30,000 30,000 Parking Im•rovements CRA Tax Increment Bicycle /Pedestrian Improvements SidewalkBike Paths Discretionary Sales Tax Sebastian Airport Aircraft Maintenance FDOT 80% Facility Airport 20% 925,000 600,000 1,450,000 1,450,000 650,000 150,000 150,000 275,000 150,000 150,000 FAA -95% Master Plan Update FDOT 2.5% Airport 2.5% 300,000 300,000 Main Street Access FDOT 80% Road Airport 20% 1,200,000 1,200,000 Taxiway Construction FAA 95% Lights FDOT 2.5% Airport 2.5% 3,200,000 3,200,000 Construct Hangers FDOT 80% A' .ort -20/o Parks Recreation Barber Street Field Discretionary Sales Tax Lighting 2,500,000 275,000 275,000 2,500,000 Barber Street Field Recreation Impact Fees Expansion 125,000 125,000 Riverview Park Recreation Impact Fee Pavilion 50,000 50,000 Bark Park Amenities Recreation Impact Fee 75,000 75,000 Riverview Park Lift Recreation Impact Fee Station 100,000 100,000 New Park Azine Ter. Recreation Impact Fee 50,000 50,000 New Park Recreation Impact Fee Barber /Acorn Terrace 50,000 50,000 New Park Celtic Recreation Impact Fee Crown 50,000 50,000 Riverview Park Recreation Impact Fee Irrigation/Fountains 25,000 25,000 Riverview Park Street Recreation Impact Fee Parking 100,000 100,000 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CITY OF SEBASTIAN COMPREHENSIVE PLAN Project West Regional WWTP Expansion, North Water Plant Expansion, Spoonbill Marsh Site Closure of Segment II Landfill, Construct New Landfill Cell Source of Funding Utility Capacity Charges Solid Waste Disposal District Total Project Cost 123,236,310 68,564,483 CAPITAL IMPROVEMENTS ELEMENT FY 10 /11 24,070,305 5,650,000 FY 11/12 6,966,000 2,300,000 FY 12/13 11,170,000 5,143,000 Fl 13/14 Potable Water and Sanitary Sewer (Indian River County) 5,400,000 FY 14/15 75,630,005 Solid Waste (Indian River County) 12,109,000 43,362,483 Emergency Service District (Indian River County) Repairs to Fire/EMS Stations, Construction of Two New Stations Police Vehicle Replacement Police Parking Lot Expansion Insurance, Local Option Sales Tax, ESD Fund Balance Discretionary Sales Tax 20,012,654 1,451,000 IX -23 1,144,705 276,000 1,500,000 275,000 0 Police Services Discretionary Sales Tax 50,000 50,000 300,000 2,200,000 15,167,949 300,000 300,000 Source: City of Sebastian Annual Budget FY 2010/11; Indian River County Annual Budget FY 2007/08. CITY OF SEBASTIAN COMPREHENSIVE PLAN Table IX 3: Projection of Ad Valorem Tax Revenues Year 2010 2011 2012 2013 2014 2015 Projected Taxable Value $1,149,168,546 $986,761,434 $986,761,434 $1,016,364,277 $1,046,855,205 $1,078,260,861 Millage Rate $3,097,341 $3,190,261 $3,285,969 $3,384,548 3.3456 3.3041 3.3041 3.3041 3.3041 3.3041 Source: City of Sebastian October 2010 Note: Includes Centrally Assessed and Real Property and Tangible Personal Property. Does not include special assessments. CAPITAL IMPROVEMENTS ELEMENT Projected Revenue $3,652,425 $3,097,341 4 N s, 69t`66t`I OSi7`OL 619`695`1 9I S`Z8S` l ZSL`8£Z 000`6Z t£S`696 Z08 00S`L 000`Z1 12,000 000`0I OOtI OSL` 1 44,450 '7 _M O N LL 1,469,773 690'69 1,538,842 1,551,486 234,071 000`6Z 950,524 180`S9L`Z 00S`L 12,000 000`Z1 000`0I OOZ` I OSL`I 44,450 M O N GT• lS6`0bi7` 1 67,714 J 899`80S`i S90`1ZS`1 229,481 000`6Z 988'1E6 2,711,432 00S`L 000`Z I 000`Z I 000'01 00Z` I OSL`1 44,450 N Il O N GT 00L`Zi17`i 66,387 899`80S` 1 017Z`1617`I 224,981 000`6Z 913,614 5£8`859`Z 00S`L 000`Z1 12,000 000`0 00Z` I OSL`i 44,450 000'8'1 S80`S9 1,450,085 000`Z9l7't 0LS`OZZ 000`6Z 00L`S68 OLZ`L09`Z 00S`L 000`Z I 000`Z i 000`01 00t1 OSL` I 44,450 Franchise Fees oppalg Solid Waste saaj aslgauiu In ;oJ Utility Service Taxes oi.ttoalg .ratem Propane CST Revenue Sharing Total Utility Taxes Licenses and Permits Business Tax Business Tax Penalties Driveway Permit Fees Zoning Fees Site Plan Review Fees Plat Review Plan Checking Fees Alarm Permits Other Permits Fees Total Licenses and Permits -5i a) cat MPROVEMENTS ELEMENT VI :S R :o ;o U v) 115 :I :H k :g 0 :a :w :�:u :a) cd W. 0 0 0 1 CD 1 kri 0 1 ci.:2 10 c-Ni 10 0 1 00 I I 5 kr) 0 1 C CD 1 C; 14 10< i I oo I cri 1 v: CI 04 I 00 00 1 1 .1 1 I 1 0 1 CD 1 CD 1-1 8 1 I 0 I i' kn c,,c) 1 1 8 1 1: 8 1•••• 8 1 1' Ii i: 8, il l co,)n I i vc 1 I (-4 I I ev 19e) :00 I I cl il l I in I Pn I C 1 cD 1 C 1 0 1 In I 0 1 lkn 1 1- N 1 Ge ri 1 1 00 I 1 71 En 1 1 1 I 1 r \I 1 ■Jr:) 1 c) I rNi I cr) 1 CT■ I 71 1 01 N cec I V:D 1 el 00 1 l I CN1 En 1 i i 0 :0 :0 10 :0 :0 11) 0 IU :GO ci) i cil I ck CO rn i VI C i U) .-I 1 C g 1 C g I i•• 1 1 0 0 I V i 1.) 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(1.) 1 1 .7:: :a.) ;..„4 I 00 00 00 1 11) 00001 00 00 00 1 N 00 00 00 ■ID 0 00 :0 10 CD I il.f) 10 1 CD i c) i i c c :0 00 (D 1 00 1 ke co 0 I 0 f EA i rn 1 VD i 1 IC> 1, lop ,1"—■ (4 1 e iNI le Ho 2 I I 1 I :ki) 1 !8 18 I cp I c:,c 1,-' 18 lc, I cz I I s 100 100 I- ic, 12-181sIsi kr) I 1 ■r icc I 0 en 1 Jcr) I 19t 1 oo c) 1 0 oo c) oo 1c) icr 1 1 141 I 1 1 1 i l'IZ1 I i 0-4 ll 0 I w I.: :-4-■ 0) :••4- :0-1 I I ICI I 1 1 I I 1 :1■i: U OI OI OI OI 0 OI OI OI OI OI O N I N C/1 "O 0 O U c cn cct VD O cd a> 0 o I c o CA CA 1 E1 Year 2010 Projected Taxable Value $1,149,168,546 Debt Capacity (I) $57,458,427 2001 $986,761,434 $49,338,072 2012 $986,761,434 $49,339,572 2013 $1,016,364,277 $50,818,214 2014 $1,046,855,205 $52,342,760 2015 $1,078,260,861 $53,913,043 Source: City of Sebastian. October 2010. CITY OF SEBASTIAN COMPREHENSIVE PLAN Table IX 6: Projection of Debt Capacity Note: (1) Maximum debt will not exceed 5% of the City's property tax base valuation. Table IX 7: Projections of Operating Expenses Fund Stormwater Division Roads Maintenance Parks /Golf Police Airport FY 2009- 10 918,146 1,572,982 FY 2010- '1 876,789 Source: City of Sebastian, October 2010. FY 2011- 12 CAPITAL IMPROVEMENTS ELEMENT FY 2012- 13 1,109,726 1,092,457 1,092,457 1,103,3 82 1,125,449 1,159,213 Totals $8,671,271 $8,390,170 $8,390,170 $8,474,073 $8,643,553 $8,902,860 876,789 885,557 FY 2013- 14 903,268 1,262,979 1,262,979 1,275,609 1,301,121 930,366 FY 2014 -15 1,340,155 4,662,065 4,762,875 4,762,875 4,810,504 4,906,714 5,053,915 408,352 395,070 395,070 399,021 407,001 419,211 CITY OF SEBASTIAN COMPREHENSIVE PLAN Map IX 1: Schools Serving the City of Sebastian Not shown: Storm Grove Middle School which is south of map boundary. IX -32 CAPITAL IMPROVEMENTS ELEMENT Source: Indian River County Public Schools Di i i trict LDI, Inc., 2008 Note -graphic representationrenty. Actual data m st be verified by the C y staff. SCHOOLS SERVING SEBASTIAN Schools CID City Boundary Indian River County Feet 0 1,875 3,750 7,500 AIL LAND DESIGN INNOVA17ON5 90 North Orlando Avenue Suite 295 Winter Pork Florida 32789 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT D. GOALS OBJECTIVES AND POLICIES GOAL 1: Provide attainable fiscal means to ensure the timely and necessary installation and maintenance of public facilities needed to meet the public facility needs of residents and business establishments within the city limits of Sebastian. Objective 1.1: Capital Improvement Schedule. To ensure that the necessary facilities and infrastructure will be in place to meet levels of service established within the Comprehensive Plan, the City shall formally adopt the Capital Improvement Schedule, identified in the Data and Analysis as Table IX -2. Policy 1.1.1 Capital Projects. Capital projects shall be defined as those projects identified within the other elements of the Comprehensive Plan that are necessary to meet established levels of service, increase the capacity or efficiency of existing infrastructure, replace failing infrastructure or enhance facilities and infrastructure that generally have a cost exceeding $50,000. Policy 1.1.2 Components of Capital Improvement Schedule. Capital projects for the following facilities and infrastructure shall be included and sources of funding identified as part of the City's Capital Improvement Schedule: Transportation Stormwater Management (Drainage) Sanitary Sewer Operated and maintained by Indian River County Solid Waste Operated and maintained by Indian River County Potable Water Operated and maintained by Indian River county Parks and Recreation Policy 1.1.3 Five Year Capital Improvement Program. All capital improvements not qualifying for inclusion in the Five -Year Schedule of funded capital improvements, shall be included in the City's five year capital improvements program and annual capital budget. Policy 1.1.4 Priorities in Allocating Capital Improvements. Capital projects shall be prioritized according to the following criteria in the following order: 1. Whether the project increases the efficiency of existing facilities or infrastructure. 2. Whether the project represents a logical extension of facilities within the utility service area. 3. Whether the project is financially feasible. 4. Whether the project is coordinated with major projects of other agencies. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 5. Whether the project is necessary to meet established levels of service. 6. Whether the project implements the policies of the Comprehensive Plan as they pertain to concurrency requirements. 7. Whether the project eliminates a public hazard. Policy 1.1.5 The City shall adopt a capital budget every year as part of the annual budgeting process and shall amend the 5 Year Capital Improvement Schedule and Budget accordingly. Objective 1.2: Level of Service (LOS). The City shall utilize level of service criteria, as defined below, for the various Elements of this Plan when determining the timing and funding of capital facilities. Policy 1.2.1 The City shall use the following minimum level of service (LOS) Standards in reviewing the impacts of new development and development upon public facilities The level of service standard for arterials and collectors roads shall be "D." The level of service standard for Sewer is 250 gallons per day per equivalent residential unit. The level of service standard for Solid Waste is 6.96 pounds per day per capita. The level of service standard for Potable Water is 250 gallons day per equivalent residential unit. The level of service for total Park acreage is 2 acres per 1,000 population for neighborhood parks and 2 acres per 1,000 population for community parks. The level of service (LOS) standards for the drainage system facilities developed within the City of Sebastian are as follows: o Water Quantity Standards: Off -Site Standard: Post development runoff shall not exceed the pre development runoff rate for a 25 -year, 24- hour design storm. On -Site Standard: Post development runoff shall not exceed the pre development runoff rate for a 10 -year, 24- hour design storm. o Water Quality Standards: CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Water quality standards of Chapter 17 -25, F.A.C., shall be applied as the quantitative standard. Chapter 17 -25, F.A.C., requires Outstanding Florida Waters (i.e., Indian River Lagoon) to reduce pollution loads by an additional fifty (50 percent prior to discharge. The level of service for public schools is 100% of the Florida Inventory of School Houses (FISH) capacity for each year of the five year planning period and throughout the long term planning period for each School Service Area. Policy 1.2.2 Compatibility. In consultation with City departments, the City Manager shall evaluate land use amendments to determine the compatibility of those amendments with the adopted level of service standards and to ensure adequate funding is available when improvements are necessary pursuant to such land use amendments. Policy 1.2.3 Thresholds. Capital projects shall use the following thresholds to target initiation and budgeting of construction and /or purchase of capital facilities to meet projected future needs based on adopted level of service (LOS) standards: Roadways Volumes are at 90% of adopted LOS capacity. Sewer 75 of available capacity is being utilized. Water 75 of available capacity is being utilized. Recreation and Open Space Park lands when 95 of available land area is utilized or when 90% of the population exists in areas in need of new park acreage. Policy 1.2.4 Funding Sources. The City shall pursue adequate funding sources for the construction of capital projects identified in the Capital Improvement Schedule. Policy 1.2.5 Adequate Transportation Funding. The following procedures shall be utilized to ensure adequate funding for transportation capital projects: The City shall continue to participate in Indian River County MPO committees regarding transportation funding to ensure funding distribution for transportation projects identified in Table XII 2 of the Data and Analysis. The use of State revenue sharing motor fuels tax funds shall be reserved solely for traffic related maintenance and capital improvement projects. After payment of existing bond obligations, the use of the net proceeds of the Indian River County Local Option Gasoline Tax, CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT shall be reserved solely for traffic related maintenance and capital improvement projects. The use of the total proceeds from the Indian River County Local Option Sales Tax shall be reserved solely for traffic related capital proj ects. Funds collected from the Transportation Impact Fee shall be reserved for transportation capital projects. Policy 1.2.6 Adequate Stormwater Funding. The following procedures shall be utilized to pursue adequate funding for stormwater management (drainage) capital projects: Up to 20% of the total proceeds from the Stormwater Utility Fund shall be reserved for maintenance of the existing stormwater system. The remainder of the total proceeds from the Stormwater Utility Fund shall be used to finance best practice oriented projects identified in the Sebastian Master Stormwater Management Plan adopted in 2004. Policy 1.2.7 Adequate Sanitary Sewer Funding. The City shall continue to collect wastewater impact fees for development within the City limits and forward these fees to Indian River County, the jurisdiction responsible for providing sanitary sewer services to the City of Sebastian. Policy 1.2.8 Adequate Potable Water Funding. The City shall continue to collect potable water impact fees for development within the City limits and forward these fees to Indian River County, the jurisdiction responsible for providing potable water services to the City of Sebastian. Policy 1.2.9 Adequate Parks and Recreation Funding. The following procedures shall be utilized to pursue adequate funding for parks and recreation capital projects: Grants shall be pursued and used for the completion of parks and recreation capital projects. Funds collected through the implementation of the Parks and Recreation Impact Fee. Policy 1.2.10 The City of Sebastian adopts by reference the Indian River County School District's capital improvement budget, which was adopted on September 6, 2007 for fiscal years 2007/08 through 2011/2012 and as may be amended from time to time. Objective 1.3: Capital Improvement Evaluation. All City capital projects shall be evaluated to determine if they meet the prioritization criteria and consistency with adopted level of service standards and /or public need. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.3.1 Evaluation. The Growth Management Department shall monitor and evaluate the implementation of the Capital Improvements Element annually during the City's budgetary update process. Policy 1.3.2 Department Priorities. As part of the annual budget process, all City departments shall identify and prioritize capital facilities in need of refurbishment or replacement and submit those facilities for funding in the Capital Improvement Program. Requests for capital projects shall be evaluated for their consistency with adopted level of service standards. The Planning and Zoning Commission, acting as the Local Planning Agency, shall review the major capital projects requests and forward a recommendation to the City Council by July 1st of each year. Policy 1.3.3 Inventory Hazards. The City shall continue to maintain an inventory of any existing hazards within the City by using the hazards analysis and hazards mitigation criteria established within the Indian River County Comprehensive Emergency Management Plan and shall also identify any grant sources available to mitigate the hazards listed on the hazard inventory. Policy 1.3.4 Revenue Sources. Requests for capital projects shall be evaluated for their impact on the City budget and the financial feasibility of the project based on the following criteria: The Finance Department shall determine if the capital project can be funded from existing cash, future revenues, or through borrowing. In addition, the Finance Department shall assign a revenue source(s) to fund the project. The Finance Department shall prepare a report evaluating the funding options, effect of the improvement on future revenues, and the effect of the improvement on operation and maintenance costs. Policy 1.3.5 Coordination. All capital projects shall be reviewed as to their compatibility and timing in relation to capital projects being implemented or planned by Indian River County, the Florida Department of Transportation, the St. Johns River Water Management District, the Indian River County School Board, the Florida Department of Environmental Protection, and /or any other applicable government agency. Policy 1.3.6 Coordination. The City should use reasonable methods to track capital projects of any agency, which may be in conflict or may enhance the City's capital projects. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Objective 1.4: Debt Management. The City shall adopt policies and procedures which address the management and utilization of debt for the purposes of capital project financing. The City may use line of credit borrowing or bond anticipation notes for specific construction projects and issue revenue pledged debt at construction completion only if current funds do not provide adequate funding to pay for construction. Policy 1.4.1 Bond Use Criteria. The use of revenue bonds as a debt instrument shall be evaluated based on the following criteria: A five (5) year projection of revenues from all funds shall be prepared and updated annually as a part of the City's budget process. This projection shall include an analysis of historic and future trends of the revenue stream. Revenue bonds shall be allowed to fund up to one hundred percent (100 of the City's total debt, up to the maximum amount allowed by the criteria identified in Data and Analysis section of this Element. Debt will not be issued to finance normal repairs and maintenance. Debt can be issued to make renovations, updates, modernizations and rehabilitations provided the expenditures extend the useful life of the capital asset. The maximum ratio of total debt service (principal and interest) to total revenue shall be that percent deemed most beneficial to the City as determined by the City's Financial Advisors and its Bond Counsel based upon criteria set by the rating agencies and credit enhancement organizations. The impact of principal and interest revenue bond payments on the operation and maintenance of the affected utility and /or department will not require deferring current maintenance of existing infrastructure. The impact of bond covenants and restrictions on the City's method of accounting for depreciation, and the impact of any reserve account restrictions on the operation and maintenance of the affected utility and /or department. Cash restricted due to bond and grant covenants will be budgeted in accordance with the terms of the covenants. On an annual basis, the City will restrict the amount of cash equivalent to twenty -five percent (25 of depreciation as reported on the prior year's annual financial statement in enterprise operations to ensure adequate repair and /or replacement of capital facilities. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Capitalized repairs of existing infrastructure will be paid from funds restricted by debt covenants and current revenues. Debt will not be issued to finance capitalized repairs. Policy 1.4.2 Debt Repayment Criteria. The use of tax revenues as a pledge for the repayment of debt shall be evaluated based on the following criteria: A five (5) year projection of revenues from all taxes shall be prepared and updated annually as a part of the City's budget process, and an analysis of historic and future trends in the tax revenue stream will be a part of the projection process. At the time of issuance of new debt, a review shall be conducted to ensure that the maximum amount of general government debt shall not exceed five percent (5 of the City's property tax base assessed valuation reported yearly by the Indian River County Property Appraiser's office. Policy 1.4.3 Long Term Lease. The City may use long term capital lease payments on lease purchases for capital projects identified within this Element, provided adequate debt service requirements are provided. Objective 1.5: New Development. The City shall ensure that new developments share a proportionate share of the costs required to maintain adopted level of service standards, through the assessment of impact fees or developer contributions, dedications, or construction of capital facilities necessary to serve new development as required in other Elements of this Plan. Policy 1.5.1 Policy 1.5.2 Evaluation of New Development Impacts. All development order applications shall be evaluated as to the impact of the development on capital facilities and the operation and maintenance of those facilities. The evaluation shall include, but not be limited to, the following: Expected capital costs, including the installation of new facilities required that are related to the development. Expected operation and maintenance costs associated with the new facilities required by the development. Anticipated revenues the development will contribute, including impact fees, and user fees. Developer's Agreements. When applicable, the City shall utilize developer's agreements to ensure the timely and appropriate installation of needed capital facilities to service new development. Such agreements will be executed under the City's constitutional home rule power and following the procedures set forth in Chapter 163.3220, Florida Statutes. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.5.3 Phased Development. To ensure adequate capacity allocations for all developments, the City may require any development to use developer's agreements and/or develop in more than one phase. Policy 1.5.4 Proportionate Impact Fees. The City shall continue to collect County impact fees for transportation, solid waste, water, wastewater, and police and fire and collect the City impact fees to ensure new developments contribute their proportionate share of capital project funding necessary to service new development. Policy 1.5.5 Public Facilities. New developments shall be responsible for installing all public facilities necessitated by the new development, including but not limited to, internal water and sewer systems, traffic circulation systems, and internal recreation/open space facilities within their development. In addition, connections of internal systems to the City's designated major water and sewer trunk systems and traffic circulation network shall be the financial responsibility of the developer. Objective 1.6: Concurrency Management. The City shall continue to operate a financially feasible Concurrency Management System for the review of all proposed developments within the City of Sebastian for their impact upon Sebastian's municipal services. Policy 1.6.1 Concurrency Evaluation System. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer, solid waste, drainage, potable water, parks, recreation, schools and transportation facilities, unless the development permit or order is exempt from the review requirements of this section. Policy 1.6.2 Adequate Facilities. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this section. Policy 1.6.3 Land Acquisition. The City shall include any declared land dedication, including lands dedicated for parks, recreation and open space, within the Five -Year Capital Improvement Schedule. Policy 1.6.4 Facilities Inventory and Reporting. The Growth Management Department, in coordination with Indian River County for services and facilities provided by the County, shall maintain an inventory of the available capacity within the roads, potable water, sanitary sewer, solid waste, parks and recreation facilities and other public facilities. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.6.5 Reporting. Each year, the Growth Management Department shall prepare a report for the City Council containing the current capacity for public services and public facilities, including any encumbrances or deficiencies. Policy 1.6.6 Reporting. The annual report shall also identify any public facilities that will require improvements to maintain adopted levels of service and recommend a schedule of improvements to avoid any reduction in the approval of development orders. RICK SCOTT Governor The Honorable Jim Hill Mayor, City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor Hill: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" February 7, 2011 BILLY BUZZETT Secretary The Department of Community Affairs has completed its review of the City of Sebastian Comprehensive Plan Amendment (DCA Number 10 -CIE 1) adopted by Ordinance Number 0 -10- 07 on December 15, 2010, and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice of Intent to find the Comprehensive Plan Amendment in compliance. The Notice of Intent has been sent to the Vero Beach Press Journal for publication on February 8, 2011. The Department's Notice of Intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the Notice of Intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2, F.S., requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within five (5) days after receipt of the mailed copy of the agency's Notice of Intent. Please note that a copy of the adopted City of Sebastian Comprehensive Plan Amendment and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours at the Clerk's Office, 1225 Main Street, Sebastian, Florida 32958. If this in compliance determination is challenged by an affected person, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399 -2100 850 488 8466 (p) 850 921 -0781 (f) Website: www.dca.state.fl.us COMMUNITY PLANNING 850 -488 -2356 (p) 850 -488 -3309 (f) FLORIDA COMMUNITIES TRUST 850 922 -2207 (p) 850- 921 -1747 (f) HOUSING AND COMMUNITY DEVELOPMENT 850 -488 -7956 (p) 850- 922 -5623 (f) The Honorable Jim Hill February 7, 2011 Page 2 As part of the first round of plan amendments in 2011, the Department recommends that the City update Policy 1.2.10 to adopt the current school board five -year work plan and the public school facilities map series based on the work plan. The City should also revise Policy 1.1.2 to include public schools in the list of public facilities that are subject to the capital planning process and revise Policy 1.2.1 to clarify that the level of service standard for schools is based on "permanent" Florida Inventory of School Houses (FISH) capacity. If you have any questions, please contact Michael Epstein, Community Planner, at michael.epstein @dca.state.fl.us or at (850) 488 -4725. CG /me Enclosures: Notice of Intent Sincerely, Charles Gauthier, AICP Director, Division of Community Planning cc: Ms. Rebecca Grohall, AICP, Growth Management Director, City of Sebastian Mr. Michael J. Busha, Executive Director, Treasure Coast Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND CITY OF SEBASTIAN COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 10 -CIE 1 -NOI- 3105 (A) -(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Sebastian, adopted by Ordinance No. 0 -10-07 on December 15, 2010, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Sebastian Comprehensive Plan Amendment and the Department's Objec- tions, Recommendations and Comments Report (if any) are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Sebastian, Clerk's Office, Growth Management Department, 1225 Main Street, Sebastian, Florida 32958 -4165. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin- istrative hearing to challenge the proposed agency determination that the Amendment to the City of Sebastian must be filed within twenty -one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28- 106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must in- clude all of the information and contents described in Uniform Rule 28- 106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399 -3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Sub- section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. Charles Gauthier, AICP .d2c, D Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100