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CIIYOF
HOME OF PELICAN ISLAND
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589 -5518 FAX (772) 388 -8248
AGENDA
LOCAL PLANNING AGENCY
(PLANNING AND ZONING COMMISSION)
THURSDAY, NOVEMBER 4, 2010
7:00 P.M.
A. Public Hearing Review and Make Recommendation to City Council
Regarding Ordinance 0 -10 -08 which Proposes to Amend the Land Development
Code Section 54 -3 -11.3 Aquifer Recharge Protection (Article XI Environmental
Protection)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS,
WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY
CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS
SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT (772)- 589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING.
PLANNING ZONING COMMISISON MEETING
SCHEDULED TO FOLLOW HAS BEEN CANCELED
TO: Local Planning Agency
FROM: Growth Management Staff
DATE: October 26, 2010
RE: Ordinance No. 0 -10 -08
Aquifer Recharge Protection
QIY OF
HOME OF PELICAN ISLAND
GROWTH MANAGEMENT DEPARTMENT
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589 -5518 FAX (772) 388 -8248
As part of staff efforts to assist economic development, it has been brought to our
attention that a specific section of the Land Development Code (LDC) may assist in
developing some vacant land due to increasing development costs and over regulating
issues that already receive oversight from the water management district.
LDC Section 54 -3 -11.3 Aquifer Recharge Protection establishes a series of requirements
for development within areas containing sandy soils. This regulation affects areas along
the "sand ridge In Sebastian, this area is typically our commercial corridor along US 1.
However, many parts of Section 54 -3 -11.3 are important, such as: (1) preventing certain
types of development; (2) protecting special soils; and, (3) restricting land clearing.
These sections should still be imposed. The problematic sections concern additional
restrictions regulating buildable area beyond the existing restrictions in the individual
zoning districts.
The theory in restricting buildable area along the sand ridge is to promote aquifer
recharge by limiting impervious surfaces. To do this, the aquifer recharge regulations
restrict impermeable surfaces to no more than 50% of the total site for properties which
are 25 feet or less mean sea level (MSL), and no more that 35% of the total site for
properties which are above 25 feet MSL. The general zoning district regulations for CR
and IN allow impervious coverage up to 80 As a result, additional land is need for a
development, or alternative surfacing materials must be explored. Products such as
porous pavement are very expensive and require intense continuous maintenance.
In an effort to examine this code requirement, two regulatory agencies were contacted
concerning aquifer recharge issues. First, Indian River County's LDC code was visited.
While they have regulations on aquifer recharge, they do not have additional limits on lot
coverage. Second, St John's River Water Management District was consulted.
SJRWMD generally requires on -site water retention for commercial developments. In
requiring water retention, stormwater drains back into the aquifer on the site. Therefore,
whether the water permeates over more area (as Sebastian LDC requires) or in specific
retention areas, the same amount of stormwater is still draining back into the aquifer for
recharge.
As a result, staff has come to the conclusion that this section can be reasonably amended
without being detrimental to the environment and while promoting a more "business
friendly" code. The proposed amendment to Section 54 -3 -11.3 is attached in ordinance
form for consideration by the Local Planning Agency.
Recommended Action
Hold a public hearing on Ordinance 0 -10 -08 Aquifer Recharge Protection. Following
the public hearing, the LPA will make a recommendation to City Council regarding the
proposed code change.
ORDINANCE NO. 0 -10 -08
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE SECTION 54 -3 -11.3
AQUIFER RECHARGE PROTECTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Sebastian Land Development Code (LDC) Section 54 -3 -11.3 Aquifer
Recharge Protection establishes a series of requirements for development within aquifer recharge
areas; and
WHEREAS, Section 54 -3 -11.3 provides additional restrictions on buildable area beyond
the general restrictions established in the various zoning districts of the Land Development
Code; and
WHEREAS, the St. Johns River Water Management District requires on -site retention
for commercial development, allowing stormwater to drain back into the aquifer on the site; and
WHEREAS, the City Council, in an effort to promote economic development while
continuing to protect the environment, finds it is in the public interest to amend certain portions
of Section 54 -3 -11.3.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The Code of Ordinances, City of Sebastian, Florida, Section 54 -3 -11.3 of
the Land Development Code, is hereby amended as follows:
Sec. 54 -3 -11.3. Aquifer recharge protection.
(a) Aquifer recharge area defined. Aquifer recharge areas shall be defined as those areas determined
by the Indian River Soil Conservation District as having good to excellent recharge potential as generally
identified on Map B -5 of the City of Sebastian Comprehensive Plan Goals, Objectives, and Policies.
These area include the following soil types: Paola, St. Lucie, Astatula, Archbold, Pomello, Orsino,
Jonathan, and Satellite.
(b) Restrictions on development within recharge areas. All development within designated recharge
areas shall comply with the following development requirements:
(1) Preservation of recharge potential. Development shall preserve the predevelopment
conditions with regard to soil type, drainage rates, grade elevation, and shall be designed so
as to minimize the reduction or recharge of the surficial aquifer. The groundwater level and
fluctuations shall be substantially the same as predevelopment conditions.
(2) Soil removal. Removal of soil from a development site or any portion thereof, which is- {orated
above 25 feet m an sea lcvel is prohibited.
(2) (3) Clearing. No clearing of soil or vegetation may occur before a permit for such activity is
issued.
(1) Excavation. Excavation which cuts below the seasonal high water table shall be prohibited
(1)
(2)
(3)
(4)
(5)
(6)
(7)
when excavation is done below the seasonal high water level, but higher than the c atonal
r.
(5)-1 permeable surfaces. Impermeable surfaces of recharge ar as shall be regulated as
fellows
of the site which is 25 feet or less MSL.
b. Development on sites with any land exceeding 25 feet mean sea level (MSL) shall
0
(c) Prohibited land uses. The following land uses and activities are prohibited within aquifer recharge
areas:
Sanitary landfills;
Animal feedlots;
Wastewater treatment facilities, not including duly permitted septic tanks;
Petroleum and pesticide bulk storage facilities without proper containment;
Incinerators;
Above ground or below ground pipes for pollutants or contaminants.
All other land uses that store, handle, or generate hazardous materials or wastes. The
following state and federal rules define and regulate additional hazardous material:
The Florida Substance List as published by the State of Florida and amended
periodically. Title 40 of the Code of Federal Regulations Part 261 (Identification and Listing of
Hazardous Wastes).
Title 40 of the Code of Federal Regulations Part 302.4, Table 302.4 (List of Hazardous
Substances and Reportable Quantities).
Title 40 of the Code of Federal Regulations part 355, Appendix A and B (List of Extremely
Hazardous Substances).
Sandmines.
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 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 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 by the City Council.
The foregoing Ordinance 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 Richard H. Gillmor
Vice Mayor Jim Hill
Councilmember Andrea B. Coy
Councilmember Eugene Wolff
Councilmember Don Wright
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2010.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Richard H. Gillmor
ATTEST:
Approved as to form and legality for
Sally A. Maio, MMC Reliance by the City of Sebastian only:
City Clerk
Robert A. Ginsburg, City Attorney