HomeMy WebLinkAbout11192009 LPA Agenda1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. OLD BUSINESS:
6. NEW BUSINESS:
7. CHAIRMAN MATTERS:
8. MEMBERS MATTERS:
9. DIRECTOR MATTERS:
10. ATTORNEY MATTERS:
11. ADJOURNMENT:
ana n A 14
E
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)
7:00 P.M. THURSDAY, NOVEMBER 19, 2009
Public Hearing Review and Make Recommendation to City Council Regarding
Ordinance 0 -09 -14 which Proposes to Amend the Land Development Code to
Create Section 54 -3 -11.11 Roseland Road Buffer
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 COMMISSION MEETING
SCHEDULED TO FOLLOW HAS BEEN CANCELLED
TO: Local Planning Agency
FROM: Growth Management Staff
DATE: November 12, 2009
RE: Roseland Road Buffer
Recommended Action:
CRY OF
HOME OF PELICAN ISLAND
GROWTH MANAGEMENT DEPARTMENT
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589 -5518 FAX (772) 388 -8248
Ordinance 0 -09 -14 is attached for your consideration. At the request of City Council,
staff has prepared this draft ordinance to establish a buffer on city owned Sebastian
Municipal Airport lands adjacent to Roseland Road.
A detailed history has been outlined by the City Manager in an agenda transmittal to City
Council for their October 14, 2009 council meeting, and is attached for your reference.
Review Ordinance 0- 09 -14, and make recommendation to City Council.
ORDINANCE NO. 0-09-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE TO CREATE SECTION 54 -3 -11.11 ROSELAND ROAD
BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds it is in the public interest to provide a fifty (50) foot
buffer for properties along Roseland Road that are owned by the City and/or the Sebastian
Municipal Airport.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended to create a new section numbered 54 -3 -11.11 read as follows:
Sec. 54 -3- 11.11. Roseland Road Buffer.
(1) For city owned lands adjacent to Roseland Road, including the Sebastian
Municipal Airport (SMA) and SMA leaseholds, a fifty (50) foot vegetative
buffer is hereby established and created.
(2) The buffer shall exist from the Roseland Road eastern right -of -way and extend
fifty (50) feet eastward along the entire length of the property line of City or
Sebastian Municipal Airport owned lands.
(3)
(4) Within the buffer development shall not be permitted, except for landscaping,
berms, fences, wall and signage that comply with the City's Land
Development Code.
(5)
DRAFT
Existing vegetation within the Roseland Road Buffer shall remain unaltered,
except to permit removal as regulated in Article XIV of the City's Land
Development Code (Sec. 54- 3 -14). Vegetation removal may also be required
for generally recognized traffic safety standards specified in the Manual of
Uniform Traffic Control Devices, the Florida Department of Transportation
Manuals and Indian River County Traffic Engineering standards.
Signage must comply with Article XVI of the City's Land Development Code
(Section 54 -3 -16) and is limited to:
(a) Monument style signage for individual businesses limited to the
style utilized by Indian River County for Wimbrow Park,
limiting the height to five (5) foot six (6) inches, width to seven
(7) foot four (4) inch, utilizing a crimped galvanized roof, stucco
and lapboard finish, and six (6) in. high metallic letters; and
(b) Monument style signage utilized by the City to advertise the
airport facility and list airport tenants.
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:
ATTEST:
Mayor
Vice Mayor
Councilmember
Councilmember
Councilmember
The Mayor thereupon declared this Ordinance duly passed and adopted this day of January,
2010.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor
DRAFT
Approved as to form and legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
DRAFT
Subject:
Roseland Road /Airport
A I ro r Submittal by:
Buffer
Agenda No. 09 1 50
Department Orig
City Attorney:
er
ana
City Clerk: 6(
Date Submitted:
9 OCT 09
1;; ne Cit Manager
Exhibits:
EXPENDITURE REQUIRED:
N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:
N/A
nor
SLD Tai
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
FINDINGS
It has been determined that the report titled "Sebastian Municipal Airport Master Plan March
2002" may be incorrect. The error concerns whether the intent of the 2002 City Council required
a 50 -foot vegetative landscape buffer between the Sebastian Municipal Airport (SMA) and
Roseland Road right -of -way. This error was found on Thursday, October 1, 2009 when the
Offices of the City Manager and Clerk researched the history and documentation presented to
City Council during the adoption of the 2002 SMA Master Plan in February 2002.
The publicly distributed 2002 SMA Master Plan does not depict the requirement to maintain a
vegetative buffer in the text or on the Airport Layout Plan (ALP). In short, Section 7 of the report
provides "Refined Alternatives" and the only mention of a buffer is for Scrub Jay protection along
the eastern boundary of the SMA. This is in conformity with the HCP -ITP. On page 7 -7, a
section is titled Future Land Use. This section reads as follows:
FUTURE LAND USE Sebastian Municipal Airport has committed much of its available land area for
development of either airfield or general aviation facilities. Additional land to the east and west of
these facilities is available for commercial and industrial development. Remaining areas of and not
presently committed to development in most instances are situated in areas either difficult to develop,
such as off the ends of the runways, or surrounded by active airfield pavements. Throughout the
study, the goal has been to satisfy the needs of the airport and facilitate revenue generation, all while
ensuring the safety and compatibility of the areas surrounding the airport. The airport developments
proposed in this study and on the ALP set do not require any of the current City of Sebastian or
Indian River County land use designations to change. Likewise, no property acquisitions for the
airport are required for the planned development.
It contains no language requiring a vegetative buffer.
However, in researching the agenda packets distributed to the City Council in the City Clerk's
laserfiche, a SMA Master Plan titled Final Draft and dated February 1, 2002 provides for a
buffer. Per this document, a buffer regulation was to be placed in the Land Development Code
(LDC). To date, no requirement for a buffer is in the LDC.
It is believed that when City Council approved the SMA Master Plan, the Final Draft document
was reviewed and approved; not the publicly reproduced SMA Master Plan March 2002. In
Section 7 on page 7 -7, Council reviewed a subsection that read as follows (note the highlighted
differences which require a 50 -foot vegetative buffer):
FUTURE LAND USE AND VEGETATIVE BARRIER Sebastian Municipal Airport has committed
much of its available land area for development of either airfield or general aviation facilities.
Additional land to the east and west of these facilities is available for commercial and industrial
development. Remaining areas of land not presently committed to development in most instances
are situated in areas either difficult to develop, such as off the ends of the runways, or surrounded by
active airfield pavements. Throughout the study, the goal has been to satisfy the needs of the airport
and facilitate revenue generation, all while ensuring the safety and compatibility of the areas
surrounding the airport.
The airport developments proposed in this study and on the ALP set do not require any of the current
City of Sebastian or Indian River County land use designations to change. Likewise, no property
acquisitions for the airport are required for the planned development. Rather, enhancements to the
land development code have been made to preserve the current surroundings of the airport. The
most notable is the requirement for a 50 -foot vegetative barrier off of Roseland Road. Currently, a
53 -foot right -of -way exists between the centerline of Roseland Road and the airport property line. In
addition, an additional 50 -foot buffer will be added to the City of Sebastian Land Development Code.
This buffer will require a 50 -foot vegetative barrier along the entire east side of the airport. This
buffer, which is depicted on the ALP, is intended to maintain the "look and feel" of the Roseland Road
corridor as it is today."
The office of the City Manager has reviewed other documents. The documents researched
where the (1) minutes to the February 13, 2002 Regular Meeting; (2) video of the February 13,
2002 Regular Meeting; (3) various ALPs; (4) files on the Airport Technical Review Committee;
and, (5) resident petitions.
CITY COUNCIL MINUTESNIDEO There is no specific mention to the buffer requirement. The
SMA Master plan was approved unanimously. Likewise, the video did not show public input on
the buffer issue. Most discussion and public input centered on the location of the Sebastian
Skydive drop zone and runway 31/13 closure.
AIRPORT TECHNICAL ADVISORY COMMITTEE An Airport Technical Advisory Committee
met several times. Some records indicate who was invited to participate for expert testimony and
guidance. Some correspondence refers to a September 18, 2001 meeting where the buffer may
have been discussed. It is assumed that the bulk of discussion took place at this level. There
were no formal minutes for the meetings of the Airport Technical Advisory Committee.
AIRPORT LAYOUT PLANS The Airport Layout Plans (ALP) in draft form depict a 50 -foot
buffer. Final documents do not show a buffer.
RESIDENT PETITIONS One file are several petitions from Sebastian and Roseland residents
urging a buffer.
Documents that the City Managers Office considered relevant are attached hereto and include:
Section 7 -7 of the March 2002 SMA Master Plan
Section 7 -7 of the SMA Master Plan dated /titled Final Draft February 1, 2002
Minutes from the Regular City Council Meeting of February 13, 2002
September 2001 Draft ALP
March 2002 Final ALP
Updated 2007 ALP
Council Information letter from former City Manager Terrance Moore reference of
Technical Review Committee Meeting for September 18, 2001.
Cover correspondence from the LPA Group providing final delivery of 2002 SMA Master
Plan
ACTION INITIATED BY THE CITY MANAGER
From the information researched, it is reasonable to infer that a vegetative buffer was planned.
However, it appears that from final draft (February 1, 2002) to the final public copy (March 2002)
of the SMA Master Plan, the intent was not executed.
As such, it is reasonable and proper to begin the buffer regulation process now. That process
has three steps. First, staff will initiate a meeting with the Planning and Zoning Commission. By
code, LDC modifications require a recommendation by the P/Z and ordinance by the City Council.
Second, Council will be required to hear the P/Z recommendation and pass an ordinance should
the buffer regulation be added to the LDC.
Third, at the time Council considers the LDC modification, SMA Master Plan and the SMA ALP
should be properly documented.
BOARD OF ADJUSTMENT
With regard to the Robert Denton appeal, heard by the Board of Adjustment on Wednesday,
September 30, 2009; staff is of the opinion that the construction of the About Kayaks sign and the
buffer are separate issues. Action to develop buffer regulations is not part of additional sign
consideration. Should the Board of Adjustment wish to reconsider the action taken to deny the
Denton appeal, a party voting in favor of the motion (to deny appeal) must move to reconsider.
SEBASTIAN MUNICIPAL AIRPORT SL ASTIAN
Master Plan Update Z 5 TAP
002. HOME OI t[LICAN LSWJD
overflights. Currently, all four runway ends at Sebastian Municipal have standard left -hand traffic patterns. It is
the intention of Airport Management and the City of Sebastian to publish right -hand traffic patterns for Runway
22 and Runway 27. This means that all of the traffic and turns associated with Runway 4 -22 will be on the
northeast side of the runway and all of the traffic and turns associated with Runway 9 -27 will all be on the north
side of the runway. The intent is to reduce as much as possible the number of aircraft flights over residential
areas.
It should be noted that proper procedures at an uncontrolled field like Sebastian Municipal require that aircraft
enter the traffic pattern in level flight, abeam the midpoint of the runway, and at pattern altitude. These
procedures are documented in the FAA's Aeronautical Information Manual (AIM) Basic Flight Information and
Air Traffic Control Procedures. While these changes in traffic patterns will not eliminate those aircraft that
deviate from the proper traffic patterns or those that use straight -out departures, it should help reduce the number
of flights over the communities surrounding the airfield. However, it is difficult to control those aircraft that
operate beyond the boundaries of the standard sized traffic pattern.
Scrub Jay Buffer
The Florida scrub jay has been well documented in the vicinity of the airfield by the Florida Game and Fresh
Water Fish Commission. In 1999, a Florida scrub jay management plan was written, which incorporated portions
of the Sebastian Municipal Airport. To facilitate recommendations in this plan, the City of Sebastian, the FAA,
and FDOT agreed to provide a 100 -foot wide flight corridor for the Florida scrub jay. This buffer zone is
depicted on the ALP set. During the layout of the proposed facilities, no impacts were made to this 100 -foot wide
path that primarily follows the property line on the north side of the airport.
Wetlands and Water Quality
At the onset of the master plan, a field investigation was conducted to determine the extent of wetlands on the
airport property. This study did not include any wetland flagging, nor was it coordinated with the Army Corps of
Engineers or St. John's River Water Management District. However, it did provide useful information that was
utilized in the location of future facilities. As for water quality, a complete master drainage study is also being
conducted simultaneous with this master plan. The master drainage study incorporates all of the existing and
proposed facilities depicted on the ALP set in the following chapter.
Future Land Use
Sebastian Municipal Airport has committed much of its available land area for development of either airfield or
general aviation facilities. Additional land to the east and west of these facilities is available for commercial and
industrial development. Remaining areas of land not presently committed to development in most instances are
situated in areas either difficult to develop, such as off the ends of runways, or surrounded by active airfield
pavements. Throughout the study, the goal has been to satisfy the needs of the airport and facilitate revenue
generation, all while ensuring the safety and compatibility of the areas surrounding the airport. The airport
developments proposed in this study and on the ALP set do not require any of the current City of Sebastian or
Indian River County land use designations to change. Likewise, no property acquisitions for the airport are
required for the planned development.
SUMMARY
The preceding sections have reviewed a series of issues and questions that arose from discussions of the
alternatives as well as the review of the previous chapters. With these refinements in mind, the next step of the
7 -7
2002
1
1
At the onset of the master lan, a field investigation w
P g was conducted to determine the extent of wetlands on the
airport property. This study did not include any wetland flagging, nor was it coordinated with the Army Corps of
Engineers or St. John's River Water Management District. However, it did provide useful information that was
utilized in the location of future facilities. As for water quality, a complete master drainage study is also being
conducted simultaneous with this master plan. The master drainage study incorporates all of the existing and
proposed facilities depicted on the ALP set in the following chapter.
Future Land Use and Vegetative Barrier
Sebastian Municipal Airport has committed much of its available land area for development of either airfield or
general aviation facilities. Additional land to the east and west of these facilities is available for commercial and
industrial development. Remaining areas of land not presently committed to development in most instances are
situated in areas either difficult to develop, such as off the ends of runways, or surrounded by active airfield
pavements. Throughout the study, the goal has been to satisfy the needs of the airport and facilitate revenue
generation, all while ensuring the safety and compatibility of the areas surrounding the airport.
The airport developments proposed in this study and on the ALP set do not require any of the current City of
Sebastian or Indian River County land use desi tions to change. Likewise, no property acquisitions for the
airport are required for the planned development t ther, enhancements to the and development code have been
made to preserve the current surroundings of the airport. The most notable is the requirement for a 50 -foot
111 vegetative barrier off of Roseland Road. Currently, a 53 -foot right -of -way exists between the centerline of
Roseland Road and the airport property line. In addition, an additional 50 -foot buffer will be added to the City of
Sebastian Land Development Code. This buffer will require a 50 -foot vegetative barrier along the entire east side
SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN
Master Plan Ida e
blipalpior $P Fi 262..
overflights. Currently, all four runway ends at Sebastian Municipal have standard left -hand traffic patterns. It is
the intention of Airport Management and the City of Sebastian to publish right -hand traffic patterns for Runway
22 and Runway 27. This means that all of the traffic and turns associated with Runway 4 -22 will be on the
northeast side of the runway and all of the traffic and turns associated with Runway 9 -27 will all be on the north
side of the runway. The intent is to reduce as much as possible the number of aircraft flights over residential
areas.
It should be noted that proper procedures at an uncontrolled field like Sebastian Municipal require that aircraft
enter the traffic pattern in level flight, abeam the midpoint of the runway, and at pattern altitude. These
procedures are documented in the FAA's Aeronautical Information Manual (AIM) Basic Flight Information and
Air Traffic Control Procedures. While these changes in traffic patterns will not eliminate those aircraft that
deviate from the proper traffic patterns or those that use straight -out departures, it should help reduce the number
of flights over the communities surrounding the airfield. However, it is difficult to control those aircraft that
operate beyond the boundaries of the standard sized traffic pattern.
Scrub Jay Buffer
The Florida scrub jay has been well documented in the vicinity of the airfield by the Florida Game and Fresh
Water Fish Commission. In 1999, a Florida scrub jay management plan was written, which incorporated portions
of the Sebastian Municipal Airport. To facilitate recommendations in this plan, the City of Sebastian, the FAA,
and FDOT agreed to provide a 100 -foot wide flight corridor for the Florida scrub jay. This buffer zone is
depicted on the ALP set. During the layout of the proposed facilities, no impacts were made to this 100 -foot wide
path that primarily follows the property line on the north side of the airport.
Wetlands and Water Quality
7 -7
2002
1
1
1
1
1
1
1
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SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN
Master Plan Update
"F t. thaw a SARA tAP FM 2•02..
L of the airport. This buffer, which is depicted on the ALP, is intended to maintain the "look and feel" of the
Roseland Road corridor as it is today
SUMMARY
The preceding sections have reviewed a series of issues and questions that arose from discussions of the
altematives as well as the review of the previous chapters. With these refinements in mind, the next step of the
process is to develop the ALP set to depict the existing and future airport facilities. The drawings that make up
this set are discussed in the following chapter.
7 -8
2002
Regular City Council Meeting
February 13, 2002
Page Ten
ROLL CALL:
02.029
Tape 11, Side 1(9:1
Am.)
Motion carried 5 -0.
FE13 13 loci. st4 o-raf
Mr. Hill -aye
Mr. Coniglio -aye
Mayor Barnes -aye
Mr. Barczyk -aye
Mr. Majcher -aye
Sebastian Municipal Airport Master Plan (Airport Transmittal 2/5/02. Final Draft Under
Separate Cover)
The City Manager stated industry standard calls for airports to development a master plan
that is updated every five years.
Doug DeCarlo, LPA Group, Inc., stated master plans are required to receive federal and
state funding so that airport needs are documented. He stated the City's key issues
included pavement, maximizing land use to instigate economic growth, industrial park
development, utility extension and access roads. Mr. DeCarlo explained this report also
includes demand /capacity growth and requirements which included use alternatives and a
layout plan to identify the scope of uses for the airport.
Bill Ramsey, 141 Edward Drive, spoke on the need for runways.
Peter Feaman, attorney representing Skydive Sebastian, spoke in opposition of the final
draft which includes a possible future drop zone for Skydive in the northwest comer of the
airport. He requested the master plan adoption be postponed.
The City Manager stated the City is willing to work with FDOT, FM and Skydive Sebastian
on a drop zone.
Bob Denton, 11245 Roseland Road stated the final review committee did not promise
Skydive Sebastian the south area in between the runways. He also spoke on the hazards
of the southem in -field drop zone.
Mr. DiCarlo stated that the FAA did not approve of the southern in -field and existing drop
zones because people would be walking over runways and aircraft would intersect with
aircraft.
Allen Holden, a Vero Beach pilot, spoke on the hazards of the southem drop zone and traffic
pattems.
MOTION by Hill /Majcher
1 could discuss this, I mean I would move to pass the master plan tonight for
discussion."
Discussion continued on both parties compromising.
10
Regular City Council Meeting
February 13, 2002
Page Eleven
17. Being no further items, Mayor Bames adjourned the meeting at 10:03 p.m.
Approved at the Feb 27th 2002 Regular City Council Meeting.
Walter Bames, Mayor
Sally A. Mai CMC
City Clei
FE5 "'13, 2 1JOTE‘S
ROLL CALL: Mr. Coniglio -aye
Mayor Bames -aye
Mr. Barczyk -aye
Mr. Majcher -aye
Mr. Hill -aye
Motion carried 5 -0.
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A.. reciation Picnic
R emin d er to ee
in9 a 12:
Just a reminder about the City of Sebastian's Second Annual County Road 512.
J take place tomorrow afternoon beg as
Appreaiation Picnic to ion Post 189 grounds a service a
es at the American Leg official dunk tank, food and beverage
e to en
p The even
Fell as include the r y our children/
as various youth oriented octbY if you are able (y
well F free to stop circa 4:00 p.m.
grandchildren and oche r familY members are also invited
the late day morning
Out f the inning Monday to
der that 1 will be out of the office Board meeting Just a reminder Hall/Old
Sebastian with Mayor Barnes o make
City to travel to Tallahassee for the His o
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represent the City to finance the
our proposal for funding effort• We are schedule
to speak
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relative to Tuesday, September 11th
circa late School interior resters whereby l will tt back
dearly afternoon cycle is
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return to Sebastian late that evening,
therefore likely morning. This P
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THE LPA GROUP INCORPORATED
Transportation Consultants
12000 RESEARCH PARKWAY, SUITE 152 ORLANDO, FL 32826 -3287 407 306 -0200 FAX 407 306 -0460
L1' *1>auvoty LITrEt..,
ilewski, C.M.
Airport Manager
Sebastian Municipal Airport
1225 Main Street
Sebastian, FL 32958
Re: Final Airport Master Plan Document
Sebastian Municipal Airport
Dear Mr. Milewski:
The LPA GROUP INCORPORATED is pleased to present the final approved Master Plan Update for the
Sebastian Municipal Airport. Based on our scope of work, this final transmittal consists of 25 bound
reports. Enclosed please find 22 of the 25 fmal reports. As promised, two (2) copies have been
forwarded to Mr. Matthew Thys of the Federal Aviation Administration Airports District Office (FAA
ADO) and one (1) copy to Ms. Rebecca Rivett of the Florida Department of Transportation (FDOT).
This transmittal also includes two (2) CD -ROMs containing document, exhibit, JACIP, and AutoCAD
drawing digital files for your use. Previously, we had transmitted the final full size Airport Layout Plan
sets, including one mylar set to be used for future reproductions.
It has been our pleasure working with you, Mr. Terrence Moore, Mr. Terry Hill, Mr. Mark Mason, Mr.
Tracy Hass, and other members of the City of Sebastian staff. As such, we look forward to assisting the
City in any future projects that require additional planning services. Should you have any questions or
concems, please feel free to contact me at (407) 306 -0200.
Sincerely,
THE LPA GROUP INCORPORATED
pi4
Douglas J. DiCarlo
Project Manager
Enclosures
Cc: Dave Rickerson, LPA Orlando Office
Mohsen Mohammadi, LPA Tampa Office
C: \Documents and Settings \ddicarlo \My Documents \X26\Documents\X26- 0048.doc
ATLANTA BATON ROUGE CHARLESTON CHARLOTTE CHICAGO COLUMBIA GREENSBORO GULFPORT JACKSONVILLE
KNOXVILLE e MOBILE ORLANDO RALEIGH RICHMOND SARASOTA TALLAHASSEE is TAMPA WEST PALM BEACH
U.S. Department
of Transportation
Federal Aviation
Administration 'N
1
November 10, 2009 \c-1
Mr. Al Minner
City Manager
1225 Main Street
Sebastian, Florida 32958
Dear Mr. Minner:
RE: Sebastian Municipal Airport (X26) Roseland Road Buffer
This responds to your October 27, 2009, letter and your November 5, 2009, memo
providing additional information regarding the proposed 50 -foot wide buffer along
Roseland Road.
Based on the information supplied in both documents, we do not object to the City's
desire to allow for a 50 -foot wide buffer on airport property along Roseland Road.
If you have any questions, please call me at extension 127.
Sincerely,
Bart Vernace, P.E.
Assistant Manager
cc:
Pedro Blanco, FAA Program Manager
Joseph Griffin, Airport Manager
Orlando Airports District Office
5950 Hazeltine National Dr., Suite 400
Orlando, FL 32822 -5003
Phone: (407) 812 -6331
Fax: (407) 812 -6978
October 27, 2009
Bart Vernace
Assistant Manager
Federal Aviation Administration
Orland Airports District Office
5950 Hazeltine National Drive
Orlando, Florida 32822
RE: SMA ROSELAND ROAD BUFFER DETERMINATION
Dear Mr. Vernace:
The purpose of this correspondence is to seek a formal Federal Aviation Administration (FAA) determination on
the City of Sebastian's intent to preserve a fifty -foot vegetative buffer on airport property. If you recall, I spoke
with you on the phone concerning this topic on Friday, October 16, just before you were leaving for vacation.
We left that conversation with the understanding to formalize the issue upon your return.
OVERVIEW
Y0F
HOME OF PELICAN ISLAND
1225 MAIN STREET SEBASTIAN. FLORIDA 32958
TELEPHONE: (772) 589 -5330 FAX (772) 589-5570
In 2002 the City of Sebastian sought to keep in place a natural fifty -foot vegetative buffer along Roseland Road.
This buffer parallels Roseland Road for the duration of the Sebastian Municipal Airport's (SMA) property (see
attachment). The purpose of the buffer is to protect the Roseland area, to the west which is zoned recreation
and residential, from the more intense SMA zoning classifications, of airport, commercial and industrial uses.
In February 2002 the Sebastian City Council approved a SMA Master Plan which preserved the buffer in
Section 7 -7. Further, the SMA Master Plan called for formally preserving the buffer in the City's Land
Development Regulations (LDR). However, it appears that the City never followed through with placing the
buffer in the LDR and the final reproductions of the Master Plan do not provide for a buffer.
FAA DETERMINATION
At this time, the City Council would like to formally preserve the buffer by (1) placing it in the LDR; (2) amending
the Airport Layout Plan; and, (3) updating the SMA Master Plan. Prior to initiating the processes for these
actions, the City seeks your consent.
In providing information on this request, l offer the following:
The Buffer is on SMA property;
Future Tenants will not be permitted to remove the buffer;
Y Future Tenants will be required to pay full lease value for the buffer land;
One Current tenant which leases approximately 30% of the available leasable property along
Roseland Road pays for the property currently occupied by the buffer; and,
The Buffer does provide a reasonable separation from the mix of land uses in the area.
Thank you in advance for you consideration, I look forward to receiving your response.
r
Ci y Manager
SEDi
HOME Of PELICAN ISLAND
TO: Bart Vernace, Assistant Manager FAA Orland District Office
FROM: Al Minner, City Manager
RE: BUFFER DETERMINATION ADDITIONAL INFORMATION RESPONSE
DATE: Thursday, November 5, 2009
In providing a Sebastian Municipal Airport (SMA) buffer determination you essentially ask three
questions. The City responds as follows:
ARE THERE OTHER BUFFER REQUIREMENTS WITHIN IN THE CITY'S JURISDICTION OR
WOULD THE SMA BUFFER BE THE ONLY ONE?
Yes, the City of Sebastian has other buffer requirements throughout our community.
The proposed SMA buffer along Roseland Road would not be the only buffer requirement. The
City has many overlay districts and regulations promoting a core design scheme that local elected
officials seek in order to enhance a specific Sebastian character. The Sebastian Land
Development Regulations (LDR) provide for two types of buffers.
First, the City has sought to protect large portions of property from environmental impact and
other properties from the effects of mixed use commercial development. These buffers are
depicted in Sections 54 -3 -11.10 and 54- 2- 5.12(g). In Section 54 -3- 11.10, the St. Sebastian River
Upland Buffer is created to prohibit development within 100 feet of the river and environmentally
sensitive lands. In Section 54- 2- 5.12(g) the Planned Unit Development Commercial Buffer
requires a 100 foot buffer from residential property. The purpose of the PUD -C buffer is to protect
and separate mixed use commercial from single family residential.
Second, the City administers commercial perimeter landscaping buffers. In Section 54 -3- 14.14,
there is a variety of perimeter landscaping buffer requirements.
IF THERE IS A SMA ROSELAND BUFFER, WILL THE DEVELOPER RECEIVE
LANDSCAPING CREDIT?
Yes. Because landscaping is a part of development regulations, credits are given if existing
vegetation is protected.
WILL THE BUFFER AFFECT THE OVERALL FAIR MARKET VALUE (FMV) OF THE
PARCELS?
As it immediately relates to the SMA, the City would point out arguments which support a buffer
and demonstrate that FMV is not affected by a buffer requirement:
As the landlord of the SMA, the City should have the flexibility to implement regulations
that promote and guide specific development standards. These local regulations that
enhance Sebastian's character should be permitted at the SMA. They should also be
used to protect neighboring regions, if zoning regulations do not match, as is the
Roseland Road situation. The buffer the SMA seeks also adds to the development
theme of our "boutique airport".
Currently, there is no buffer requirement at the SMA and one tenant has kept the buffer
along Roseland Road. That tenant is About Storage About Kayaks. Their lease
includes the buffer. They currently pay $0.11 per square foot. Therefore, it is fair to
argue that if one tenant operates under this standard, the buffer requirement is not
affecting FMV. Since that lease was approved in 2004, the SMA has secured two
additional leases at $0.15 per square foot. These leases are airside leases.
Leasable land along Roseland Road is not a primary development corridor at the SMA.
In recent action with the FAA and FDOT, and as shown on the ALP updates, the SMA is
focusing development activity on the east side of the airport. Off Airport Drive East, the
City seeks to capitalize on the grant investments of the new hanger, administration
building and road /infrastructure project to entice new investment. Along Roseland Road,
the southernmost land is leased, the center is occupied by RPZ and a portion on the
northside is leased by Skydive Sebastian. All things considered, the SMA does not
believe the buffer requirement would reduce FMV.
Alfred Minner
From: Alfred Minner
Sent: Tuesday, October 27, 2009 12:01 PM
To: 'Bart.Vernace @faa.gov'
Cc: Joseph Griffin; Robert Ginsburg; Rebecca Grohall; Sally Maio
Subject: FAA Buffer Determination Reqeust
Attachments: MANAGER1751_000.pdf; minner_buffer.pdf
MANAGER1751_00 minner_buffer.pdf
0.pdf (45 KB) (546 KB)
Bart:
Thanks for your information I have it logged now.
Attached is a formal letter requesting an FAA determination on the buffer. I have the
letter and map coming to you via US Mail too.
Thanks in advance for your attention to this matter. If you have any questions, please
contact me at your convenience.
Al Minner
City Manager
City of Sebastian
Original Message
From: Bart.Vernace @faa.gov [mailto:Bart.Vernace @faa.gov]•
Sent: Tuesday, October 27, 2009 11:04 AM
To: Alfred Minner
Subject: My Address
Bart Vernace, P.E.
Assistant Manager
Federal Aviation Administration
Orlando Airports District Office
5950 Hazeltine National Drive
Suite 400
Orlando, Florida 32822
(407) 812 -6331, ext. 127
Tracking:
Recipient
'Bart.Vernace@faa.gov'
Joseph Griffin
Robert Ginsburg
Rebecca Grohall
Sally Maio
Jean Tarbell
1
Read
Read: 10/27/2009 12:01 PM
Read: 10/28/2009 10:25 AM
Read: 10/27/2009 2:47 PM
Alfred Minner
From:
Sent:
To:
Cc:
Subject:
Attachments:
FAA Buffer
sponse.doc (41 KB.
Al:
FAA Buffer Response.doc
Thank you for the additional information. I should have this wrapped up by the end of the
week.
Bart Vernace, P.E.
Assistant Manager
Federal Aviation Administration
Orlando Airports District Office
(407) 812 -6331, ext. 127
Bart:
Al Minner
City Manager
City of Sebastian
Bart.Vernace @faa.gov
Tuesday, November 10, 2009 8:15 AM
Alfred Minner
Joseph Griffin; Pedro.Blanco @faa.gov; Robert Ginsburg; Rebecca Grohall; Sally Maio
RE: FAA Buffer Determination Reqeust
"Alfred Minner"
<aminner @CityOfSe
bastian.org>
11/05/2009 04:21
PM
Bart Vernace /ASO /FAA @FAA
To
cc
"Joseph Griffin"
<JGriffin @CityOfSebastian.org
Pedro Blanco /ASO /FAA @FAA, "Sally
Maio" <smaio @cityofsebastian.org
"Rebecca Grohall"
<RGrohall @CityOfSebastian.org
"Robert Ginsburg"
<RGinsburg @CityofSebastian.org>
Subject
RE: FAA Buffer Determination
Reqeust
Attached is a response to the question you ask. Please let me know if I can provide
additional information. Thanks for your attention to this matter.
1
Original Message
From: Bart.Vernace @faa.gov [mailto:Bart.Vernace @faa.gov]
Sent: Wednesday, November 04, 2009 12:45 PM
To: Alfred Minner
Cc: Joseph Griffin; Pedro.Blanco @faa.gov
Subject: Re: FAA Buffer Determination Reqeust
Dear Al:
Before I formally respond to your letter, I need some additional information. Is the city
requiring other buffer areas within their jurisdiction or the airport is the only area in
the city limits? Also, does the value of the buffer over each parcel affect the overall
fair market value (FMV) of the parcel?
I understand what the city is trying to accommplish with the buffer, I'm trying to find a
way to formally consider it. Basically, does the FMV rental potential for the parcel be
reduced because you cannot develop within the buffer? Does the city require a certain
percentage of landscaping to be part of any development? If, so, would the city consider
the buffer as meeting the landscaping requirements of the parcel?
Also, your new program manager in the ADO is Mr. Pedro Blanco.
Bart Vernace, P.E.
Assistant Manager
Federal Aviation Administration
Orlando Airports District Office
(407) 812 -6331, ext. 127
To
cc
Subject
"Alfred Minner"
<aminner @CityOfSe
bastian.org>
10/27/2009 12:01
PM
Bart Vernace /ASO /FAA @FAA
"Joseph Griffin"
<JGriffin @CityOfSebastian.org
"Robert Ginsburg"
<RGinsburg @CityofSebastian.org
"Rebecca Grohall"
<RGrohall @CityOfSebastian.org
"Sally Maio"
<smaio @cityofsebastian.org>
FAA Buffer Determination Reqeust
2
Bart:
Thanks for your information I have it logged now.
Attached is a formal letter requesting an FAA determination on the buffer. I have the
letter and map coming to you via US Mail too.
Thanks in advance for your attention to this matter. If you have any questions, please
contact me at your convenience.
Al Minner
City Manager
City of Sebastian
Original Message
From: Bart.Vernace @faa.gov [mailto:Bart.Vernace @faa.gov]
Sent: Tuesday, October 27, 2009 11:04 AM
To: Alfred Minner
Subject: My Address
Bart Vernace, P.E.
Assistant Manager
Federal Aviation Administration
Orlando Airports District Office
5950 Hazeltine National Drive
Suite 400
Orlando, Florida 32822
(407) 812 -6331, ext. 127
(See attached file: MANAGER1751 000.pdf)(See attached file:
minner buffer.pdf)
(See attached file: FAA Buffer Response.doc)
3