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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 1 1 1 1 1 1 e 1 1 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. 1 1 0N3031 3NOZ ALFIESISIA MUMS 3NI1 NOIL9RILS3N swine 3Nfl ALN3d08c1 INI04 33N3113ERI 1110cRIIV NOU.d183530 `1311V 3313 i.3Y80 AWANfal V32111 Main AWANI121 PONDS DRAINAGE FEATURES CONTOUR ONES SURFACE ELEVATION LEASE UNES FINCE RUNWAY PROTECTION ZONE (RPZ) BUILDING winumE R/W ORIENTATION IHREsHOLD LIGHTS WINOS= VASI/PAPI MiZEIN MEM= MAN 311(11114 EN t4 Yip( tYS:b1 =1:= ONILSD3 Sill I .11 v/w 111111111111 o x Kir 4 %i t0: us s 8 0;•P 0 g I qi M 4 42 lZ USW VW 1 1 or a ao a 0 z 9 d 1 s 44 i 44 p a i 44 1 44 1 'O al 44 44 44 NM ♦YI 10 SD Of 0 44 o V oyoa GHYTasga 1- 0 g b7 5 1 p M 1 5 a 1 S a A k D O N VI y yrv� O O WWZ 2 yN O 2 Z �s F D O N VI ;5 I k Ifl �M P ON A-Q-4 A civi Cl� iNFOeM4'fia�l T. e, information e n4io City Council l 2 eptember 7 Feel free to Page 2 inspection processes. you may have d on all pun ch lists and recent insp concerns Y identified should any of you wish to ae d than happy to provide further contact mesh as We will bemor regarding this issue, clarification Sebastian Munici al Air o Cha ters of Pro o Sed Final date Jlaster Plan U final Sebastian n ation lnfo�i Letter, the anticipated has been scheduled As nidpaed in last weeks works mop in City Council Chambers here pla T Airport Master Planning a 6: 00 p of Council 7 and of the place Tuesday September ch a our personal copies Hall. Attached are Y ed alternatives (i.e• airfield nd respective at City Ha outlining both refined document will serve as the reposed plan' s an d environmental considerations) e p retiminary draft general airfield facilities Thi p during for the airport. n the aforementioned mee ng• layout plans your leisure. primary efree outline to facilitate discussion Feel free to read and e contents at y 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 t ofSeb represent the City to finance the our proposal for funding effort• We are schedule to speak c relative to Tuesday, September 11th circa late School interior resters whereby l will tt back dearly afternoon cycle is cir late morning articular grant application cy return to Sebastian late that evening, therefore likely morning. This P in City Halt the following Em 1 ee 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