PLANNING & ZONING COMMISSION/LOCAL PLANNING AGENCY MEETING July 15, 2020 – 5:05 P.M.

AGENDA

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. APPROVAL OF MINUTES: June 17, 2020

5. PUBLIC HEARING:

(a) RESOLUTION 2020-14 /A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN

RIVER COUNTY, FLORIDA, AFFIRMING THE EVALUATION AND APPRAISAL

OF THE CITY OF FELLSMERE COMPREHENSIVE PLAN 2035 AND

APPROVING TRANSMITTAL OF NOTIFICATION OF THE REQUIRED

EVALUATION OF THE COMPREHENSIVE PLAN 2035 TO THE DEPARTMENT

OF ECONOMIC OPPORTUNITY IN ACCORDANCE WITH SECTION

163.3191, FLORIDA STATUTES; PROVIDING FOR RATIFICATION; PROVIDING

FOR ADOPTION OF EVALUATION AND APPRAISAL; PROVIDING FOR

FUTURE AMENDMENT OF COMPREHENSIVE PLAN 2035; PROVIDING FOR

TRANSMITTAL AND FURTHER PROVIDING FOR REPEAL OF CONFLICTING

PROVISIONS; SEVERABILITY; AND AN EFFECTIVE DATE.

6. PUBLIC COMMENTS

7. NEXT MEETING: August 5, 2020

8. ADJOURNMENT

Pursuant to Section 286.105, Florida Statutes, the City hereby advises the public that: If a person

decides to appeal any decision made by the board, agency, or commission with respect to any

matter considered at such meeting or hearing, he or she will need a record of the proceedings,

and that, for such purpose, he or she may need to ensure that a verbatim record of the

proceedings is made, which record includes the testimony and evidence upon which the appeal

is to be based.

In accordance with the American with Disabilities Act and Section 286.26, Florida Statutes, persons

with disabilities needing special accommodations to participate in this meeting should contact the

City Clerk at least 24 hours prior to the meeting at 772.646.6301 or the TDD line at 772.783.6109.

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PLANNING & ZONING COMMISSION/LOCAL PLANNING AGENCY MEETING

JUNE 17th,2020 5:05P.M.

MINUTES

1. CALL TO ORDER: Chair Akers called the meeting to order at 5:05p.m.

2. ROLL CALL:

Present: Buddy Akers Chair, Commissioner Jose Cardozo, Commissioner Ruehman, Commissioner

Luna, Attorney Warren Dill, City Manager Mathes

Not Excused: Commissioner Michael Barone

Also Present: City Attorney John Rhodeback, Maria Suarez-Sanchez, City Clerk, City Planner

Nicolas Rojas, Frank Alexander

3. PLEDGE OF ALLEGIANCE: The Pledge was recited.

Manager Mathis announced the procedures of the virtual meeting for the public connecting via

GotoMeeting and how the screen will show the attachments for the public to view.

4. APPROVAL OF MINUTES: March 4th, 2020 and June 3rd, 2020

Chair Akers stated to amend June 3rd minutes to reflect Commissioner Beaman moving to the

area of Orlando not to another state. Also add Nicolas Rojas as also present.

MOTION by Commissioner Ruehman, SECONDED by Commissioner Cardozo to approve the

Minutes of March 4th, 2020 and June 3rd, 2020

ALL AYES: MOTION CARRIED 4-0

Manager Mathes asked Council if he could start with Resolution b, Chair Akers accepted, and

he continued with the Public Hearing.

5. PUBLIC HEARINGS:

(b)RESOLUTION 2020-11/ A RESOLUTION OF THE PLANNING AND ZONING COMMISSION/LOCAL

PLANNING AGENCY FOR THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA,

RECOMMENDING THE CITY COUNCIL ADOPT RESOLUTION NO. 2020-12 APPROVING THE FIRST

AMENDED PRELIMINARY DEVELOPMENT PLAN AND FINAL DEVELOPMENT PLAN FOR THE TRACTOR

SUPPLY COMPANY LOCATED AT 10735 C.R. 512, FELLSMERE, FLORIDA 32948 PERMITTING

OUTDOOR STORAGE BEHIND THE STORE.

Manager Mathes introduced City Planner Nicolas Rojas and stated he would be doing the

Public Presentation a Simple Site plan amendment to Tractor Supply CR512 and I95

Nicolas Rojas continued with his Public Presentation, he stated the Tractor Supply opened to the

public on November 19th and their store is very popular and they must frequently restock

merchandise , they would like to store pallets with merchandise behind the store and also would

like park a trailer to haul and dispense merchandise as well. In addition, they recycle cardboard

and wood pallets for collection of a third-party service in return for this they have agreed to

install a 6ft tall privacy fence. Rojas instructed the members to see the site plan from their

agenda packet and stated the smaller yellow rectangle is where they would like to store the

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pallets and the larger rectangle is where they would like to store the trailer. The 6-foot privacy

fence will create a visual barrier to the street and to the houses on the other side of the street. It

is to be maintained until the landscaping develops enough to create a natural visual barrier.

Manager Mathes added the condition of approval that was added to the resolution brought in

all the original conditions of the approval and simply added the new condition at the end, the

new Condition is M on the City Council Resolution indicates 6 foot tall fence , however they are

allowed to store things to the height of the barrier, as their barrier grows they can store higher,

the Trailer is the only thing that will be higher, it is the loading zone, but it comes and goes, they

have already installed the hedge but waiting for approval to install the fence.

Participating virtually is Frank Alexander he is the primary contact for the developer side, he is

not affiliated directly with Tractor Supply, he is a developer rep that develops only for certain

types of businesses.

Frank Alexander introduced himself he is from Primax properties from North Carolina. Stated

Nicolas and Mark did an excellent job explaining everything. He apologized for not explaining

this need better to the City last year when it first came through and appreciate the City working

with them to get this amendment in place. He added the need will depend on the season and

at times there may be an overflow storage other times there will not be much but either way

they are happy to add the fencing. He added that since they had to import fill to raise the site

up it sits a bit higher than the road behind it and although it’s a 6 foot fence, from the street

behind it looks like you are looking up a hill and further enhances the screening that this will

provide.

Chair Akers asked if this was just an oversight on the plans, Manager Mather stated like Frank

Alexander said he should of brought to the City’s attention originally but understands some

jurisdictions have rules and some don’t he wasn’t aware required a specific permission and he is

just taking care of it after the fact.

Chair Akers asked if there have been any complaints, Manager Mathes and Frank Alexander

stated they have heard none.

Commissioner Luna announced her presence.

Commissioner Akers introduced the Resolution and Attorney Dill read Resolution 2020-11 by title

only.

Commissioner Akers asked if there were any questions from the public, hearing none he

entertained a motion to approve the Resolution.

MOTION by Commissioner Ruehman, SECONDED by Commissioner Cardozo, to approve to

approve Resolution No. 2020-11.

ALL AYES: MOTION CARRIED 4-0

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(a) RESOLUTION 2020-07/ A RESOLUTION OF THE PLANNING AND ZONING COMMISSION,

ACTING AS THE LOCAL PLANNING AGENCY FOR THE CITY OF FELLSMERE, INDIAN RIVER

COUNTY, FLORIDA, RECOMMENDING THE ADOPTION OF ORDINANCE NO. 2020-03 FOR

THE ANNUAL UPDATE TO THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE

COMPREHENSIVE PLAN.

Manager Mathes began his presentation, he stated every year the City is required by State

Statue to amend the Comprehensive Plan to incorporate into it the update 5-year Capital

Improvement Program. The Capital improvement program is a list of projects the City intends to

construct that have a durable life more than a year or 5 years and a value of $15,000 pursuant

to our standards of our Comp Plan, primarily lists Road Projects, Park Projects, Stormwater

Projects , groups of projects like replacing a phone system, vehicles that may be needed to be

buy. In addition to our Capital program we also copy the other governmental agencies capital

programs that provide projects in the City Limits, when county roads when are modified they are

reflected on there Capital program which then the City copies into their Capital Program,

Projects to the School are also copied and also the State through Metropolitan Planning

Organization who funds project in the city, mostly sidewalk and trail projects because there is no

State roads in Fellsmere except for the interstate. But all three of those do have projects and

they are copied at the end of the capital improvement schedule.

City of Fellsmere Capital Improvement Plan Attachment shows the Revenue and Expenditures.

The goal every year is to have more revenue than expenditures so it can be rolled into the next

year, to save for larger projects but is also important to track commitments of funding sources

that are need to cover debt obligations that may be part of those funds so that you don’t

potentially spend. Currently our Capital Program is in the red because of a few years back we

were very successful and obtained grants. And this happened to come right after the recession.

The price escalation was extensive. By the time we started constructing the projects, they were

30 40% higher than our planning estimates from years earlier. And on top of all that, there were

change orders that had to happen, and things just cause the project to move more over

budget. At this point in time, we are on a very lean capital program, we will expect to be on a

very lean capital program for the next three to five years.

That does not mean we are not doing capital programs just means that we are doing those that

give us the most bang for the buck. What that usually means is that we are getting grants from

other agencies. Those grants are covering most if not all the costs of those projects. So you're not

going to see a lot of recreation projects for next couple years because the best you can do a

recreation grant is a 50% grant and that leaves a lot of local cash to have to go into it we do

want to fix senior league that's the last part we need to do it's just a matter when can we do it.

Not expected to get to that until two more years.

Manager Mathes asked the Commission if they had any questions on updates on projects in the

City.

Commissioner Ruehman asked how the Soccer Field is doing on Meadows Field?

Manager Mathes stated that Meadows Field was funded by three different grants. One was the

impact 100 through habitat. The other was a $50,000 grant. And then the last one was a grant

from Land and Water Conservation fund for which was a $200,000 grant which required a

$200,000 match. We had to give that last grant back because of the constraint in our capital

program we just did not have 200,000. So that portion of the park which was the basically the

lake improvement, taking the fence down, putting the trail around the lake, putting the fishing

pier there and making a trail connection to the rail trail just got put on hold. Looking at this

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Capital Improvement Program, do we have a placeholder we do have a placeholder, but it is

out another year from now that will probably get pushed a couple boards next year cycle.

Commissioner Ruehman stated the last he could remember was Sod and Irrigation. Manager

Mathes stated field is all done. It has been open. It has been operating just fine. We have had a

lightning strike on the pump. We have had a couple issues, but it is working great. The grass has

held up wonderfully well. There are very few weeds in there. We are doing a good job keeping it

up. The molts trail 88 compliant is holding up. Have a minor repair would want to do Next year

because the fill we got was from the north regional lake and that was that contract was a

learning contract for us. We did not have the right of first refusal. He took what they gave us and

there were a lot of clay in some of it, so it is not draining as well as we would like. Learned from

that for the South region Lake the dirt we got is right of first refusal, so we didn't get much clay

with the South regional lake and most of that dirt is already been placed around the various

holding spots. Back to Meadows field, we are going to try to fix a forever soggy spot that occurs

up in one corner of the field, but it's open, the parking lots completely done, Grants are all

closed out. There are probably other improvements that will make over time, but they are not

currently on our radar.

Commissioner Ruehman asked if there is water and bathrooms.

Manager Mathes stated No and that is part of the second phase and there is a pavilion there

but there is no water. There is water a block away in Grant Park, there are bathrooms and water

fountains in Grant Park.

Commissioner Cardozo asked what does NY Ditch Pipes mean?

Manager Mathes stated New York ditch, New York ditch is our smallest ditch, but it is the ditch

that gets the most water. It is the first and the most trash and the first to flood. And he has in his

possession a grant from the federal government through the state for disaster relief. And it is

going to be on the council's agenda, the 16th for the approval of the grant agreement. And

then from there, we go directly into design. We got a conceptual design probably 60% now it is

a simple project. We are just taking out the old culverts but the new ones at the right elevation.

From Willow all the way to Park Lateral, not every pipe will be replaced.

Commissioner Ruehman stated there is a big structure and it goes under Myrtle Street. Manager

Mathes stated that is a new one, where Myrtle is paved and that is an example of what will not

be replaced.

Manager Mathes stated it would go all the way to Park Lateral because there are six ditches

along between Myrtle and Park lateral six driveways that are causing most of the problems. And

the problem is the pipes are undersized and misaligned. I was looking at some surveys today,

you got some pipes that are two or three feet higher than they should be. Which means that is

creating a dam of two or three feet of water. And so you're always having water in the ditch

because it doesn't have a free profile slope all the way to park lateral that you generally have

water in the ditch all the time anyway just because the water table elevation rain we get but

during the winter season, the ditch should be dry.

Commissioner Ruehman asked if that is out of the City Limits? Mathes replied yes but has

permission to replace those if we get agreements from the property owners which we will be

working on as part of the zoning. I cannot imagine the property owners would have a problem

with us replacing your pipe with no change in exchange for taking over the ownership of it and

being personally responsible forever. Headwalls will be installed

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Commissioner Cardozo asked if the driveways are on the northside of New York.

Mathes stated when you get past Myrtle the driveways are on the north side and that's why they

have culverts, once you're inside the city between Willow and Myrtle there is no driveway that

crosses it's just the roadway or sections, there may be an alley pipe I'm not sure if that's a

driveway pipe or alley pipe.

Commissioner Ruehman stated it is a road because there are two houses down that little road.

Mathes confirmed it is a road and its Magnolia.

Commissioner Ruehman stated some of those pipes were replaced not too long ago.

Mathes stated those that have been replaced are clearly at the end of their service life.

Commissioner Ruehman asked what is going to be done? Is there a chance that when we do

this, we would like to see that all piped in.

Manager Mathes stated he doubts we're going to be piping any of our ditches to that extent

because we probably will not be allowed by St John's or the Army Core because when you pipe

the ditch you lose any a bit of water treatment and those ditches are the only water treatment

we have until they discharge into the Sebastian River. When you pipe it, you got no evaporation,

no infiltration into the ground, no sediment, all carried in a smooth line walled pipe.

Commissioner Ruehman stated mostly send that water to a lake from Broadway this way that

water diverted towards the lake on South Carolina.

Manager Mathes stated that lake is not sized for that, the lake is sized for what it can handle.

Commissioner Ruehman stated it is if it has weir. It is designed if it gets to a certain height, it kicks

out and goes out the railroad ditch. When you cut off the water that we are taking from the

buffer coming down the railroad ditch, it's going to give you extra, it would give us a wider road

or more bypass.

Manager Mathes stated the alternative solution is to find the room to make them more

attractive. By having a one to one slope, you have a 1 to 3 or 1 to 4 slope and you can

landscape and make it look nice. Ruehman stated that is the first thing that fills up when we

have a lot of rain and once it fills up then Broadway fills up. Mathes stated it is it is higher on the

list. That is why this is one of the projects.

Manager Mathes stated there still money, coming out of the federal government from Irma from

four years ago. And we are applying and are on the council agenda item tomorrow with two

grant applications related to Irma, a one of them specifically addresses 97th, which is east of

Willow. And are addressing some of that issue with regards to the flow from the Sebastian park.

We are going to see if we can reconstruct that berm to help minimize that flow from the park.

We are going to expand that portion of the ditch if we can, clean it up. We have one more

round of Irma money coming in. And what I am trying to accomplish is a donation or a purchase

of a chunk of land to do another stormwater lake. My desire is to put that on part of the 40 acres

that Banack owns off Myrtle, because that that their property goes all the way up to New York. I

could then pull that water out of the New York ditch, put it in one of these new regional lakes for

flooding purposes. New York is high on the list for stormwater needs and is focusing a lot of efforts

towards it but piping it probably will not be soon.

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Commissioner Ruehman stated something needs to be done with it, it’s an eyesore, it is full of

trash and in the Center of our town, we've been looking at this thing for years now, we got to

come up with some alternatives. I happen to live down there and have driven by, and I must

look out the window and see all the cups and the cans and the big plates sitting in the ditch.

There are pumps that you can pump that water out of that ditch to another Lake, if need be, at

some point in time as the town grows, we talked about this before, maybe we need to acquire

some more lots down through here somewhere to put some smaller retention areas. That is why

we are sitting up here for the future of this town.

Manager Mathes stated as we grow, we must keep these things in front of our minds so that as

we grow, we knock them out as priorities that we need. It is not something we cannot address.

Commissioner Ruehman stated we know it is a problem. At some point. I think we need to try

and come up with a plan and we have other alternatives, like the lot on Orange. He stated it is

something he would like to see get higher up on the list and especially if we're going to spend

money and redo all these driveways down there, set them up, so at some point, catch basins

can go in and we don't have to rip them all out.

Manager Mathes stated it is more than likely you are going to have to remove it and rip a head

wall off and damages the pipe and the way they design every pipe is not the same size.

Commissioner Ruehman stated there is a way you stick a belt in out each end so concrete pipe

can connect to it for future work, if we're going to spend money for headwalls, why rip them all

out, if 5,6,7 years from now all we got to do is go in there and stick a catch basin , cut the belt

off the end slide the catch basin up to it and you stick the other pipe in and its done, utilities is

his specialty. He would like to see something in future with New York Street.

Manager Mathes asked if piping is the only solution, he would be interested in seeing?

Commissioner Ruehman answered no, if he thought that we could keep it clean, he does not

mind the ditch there, but the trash is in it all the time. Would like to have our city workers go

down periodically and at least clean it, the problem is maintaining them. There is no

maintenance. Mathes stated the maintenance fee is paid by taxpayers every year. Chairman

Akers and Ruehman stated back then people would pick up the bottles and exchange them for

money.

Commissioner Cardozo stated he would like to see sidewalks from Broadway East of Willow.

Manager Mathes stated he already has a sidewalk project program. It is called tap New York. It

is going to be constructed from Broadway to Myrtle in the year 23/24. On New York on the north

side, it will be an eight-foot sidewalk to the north.

Manager Mathes stated there are other solutions. Now you got an extra five feet as you say you

can flatten that slope off, landscape it, mow it, maintain it, can walk in there and pick things up.

There is also the idea, of moving the road north 10/12 feet widen the ditch, make a bigger, slope

it. But that is the question we must decide is that the right way to go or is piping it the right way

to go.

Commissioner Ruehman stated for him the piping is the way to go, but when you talk about,

they do not want us to be able to cleanse the water. Mathes stated we must buy a huge chunk

of land and would have to push it that way. Commissioner Ruehman stated that makes a

difference, it does not have any way to cleanse before it gets to Park Lateral.

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Commissioner Cardozo asked about the Water System Improvement. Manager Mathes stated

that is the one that was mentioned earlier. It is kind of like Catch all, because it is a variety of

different things, some things inconsequential, other things will major. For example, one of the

things that we may have to do is change our charcoal, we use industrial charcoal to clean the

water. And it fills with stuff after a while and you got to replace it. It is time for us to replace our

charcoal. We are pricing it out right now, but we are also considering changing it to a different

treatment method. This 175 would be for the charcoal, but it may not happen this fiscal year. In

fact, I know it is not going to happen because we are considering going a different route

instead. But these are just a variety of just little things like wastewater for example, you never

know when a pumps gonna go bad and lift stations so you have to just put money aside, you

may not spend it but you got to put it aside to cover expected replacement of capital items

over time.

Commissioner Ruehman asked if at some point in time, that our system will get outdated. And

we will have to modernize the plant?

Manager Mathes stated that is part of what our new directors Kevin Burge our utility director is

considering, instead of spending $200,000 on replacing the charcoal, move to a reverse osmosis

membrane system as a lot less maintenance cost, but there's the cost of converting. It is a 20/25-

year-old system, the Plant is doing well there is nothing wrong. But there might be better ways to

do it now grow efficient. Our guy who oversees utilities now and he has been in utility his entire

life. He manages private firms outside of the city. He is got a whole life of experience, managing,

and maintaining water and sewer systems

Commissioner Ruehman stated we are putting more volume on it every year right now with

Habitat and Meadows all that on the City water. Manager Mathes stated the plants do not

have the capacity constraint it is the wells. Our wells can probably draw out 500,000 gallons a

day, our plants are rated for a million gallons a day. We need to put more wells in the ground as

we grow, that is our constraint. We have plenty of land along the rail trail to do that. And there is

plenty of opportunities to put in wells, put them in when you need them, and we are there yet.

But we are planning it because we know needed coming up soon. Those were the kind of things

that when it comes to capacity, that is what concurrency is all about .You cannot build a house

or business in Fellsmere if you do not have adequate capacity to serve its needs and water is

one of those.

Commissioner Akers asked who owns Park Lateral, Mathes stated the Fellsmere Water Control

District. Akers stated that needs to get cleaned out.

Manager Mathes stated he is also talking to the State regarding the weir at the main canal, its

sitting at elevation two. Recently got the study results from famous East Coast study, which

basically sits off coast of Florida. They basically followed the storm surge along the rivers until they

dissipated to a certain height. And they follow this all the way back to the weir and they showed

that it storm surges at three feet, which means during a hurricane, storm surge gets to a point

where our drainage stops.

Commissioner Ruehman stated when Fellsmere farms came in and drained this town and got

this water, they could reverse that water, they had pumps down on this end. And they could

take the relief from it and take the water back out and send it to the Marsh. But when they

started deleting all these big pump stations that they had, and then it could also send it over to

see 54, but all that has changed. We saw that a few years ago with the main canal rising and

getting full and once its full Park lateral backfills then New York backfills because it cannot dump

out and until it all goes down

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Manager Mathes stated he is looking to get rid of the weir so that your relief after the surge goes

away is quicker because raising the weir means that we are holding more water in the ditches in

the canals. I want to hold less water in there so that when a storm surge comes, it has more room

to back up before it starts flooding. If you lowered every ditch in park lateral by two feet, you

have now got two feet more storage before it starts to flood. When the storm starts to hit your

two feet lower than you are today because the weir is artificially holding you up two feet.

Commissioner Ruehman stated back in the day that weir was put in there to hold that water for

the farm because they wanted that water. They irrigated the groves. They did not want that

water to go out to the lagoon, the farms wanted that water.

Manager Mathes stated there was a couple reasons, solidity was another to keep the solidity

from continuing to back up into the ditches. A lot of those things have changed so the other

reason for the weir elevation 2 may not be needed because you are not doing Ag on this side of

the road. Working on a lot of different angles.

Manager Mathes asked if they had any questions about any projects at the state or MPO level,

there is no major projects at the school board. There are no major projects at the county. They

have got the resurfacing of the last part of 512 a few years out. And as mentioned earlier, there

is a few trailer sidewalks projects, but nothing major.

Chair Akers asked what the status was on trading property on Myrtle with the County. Mathes

stated there has not been a lot of progress on that, they basically said until we can find a

solution to the kink, they are not going to trade. We have purchased the land to allow the kink

to be fixed. And now we got to find money to fix it. He has asked the county to look into that

and crickets, so I need to reach out to the county again, see if they could help us. City has paid

probably a couple hundred thousand dollars or more in the last 10 years on impact fees and

they have not done any capacity improvements in Fellsmere. Going to continue to look for the

funding for that and more than likely if we cannot get money out of the county. You must wait

until a developer comes in and we can put it on their back.

Commissioner Akers introduced the Resolution and Attorney Dill read Resolution 2020-07, by title

only.

Commissioner Akers asked if there were any questions, hearing none he entertained a motion to

approve the Resolution.

MOTION by Commissioner Ruehman, SECONDED by Commissioner Cardozo, to approve to

approve Resolution No. 2020-07.

ALL AYES: MOTION CARRIED 4-0

11: PUBLIC COMMENTS:

Commissioner Akers opened the floor to the Public Comments and asked that anyone wishing

to speak, to please call or send a chat and state their name and address for the record, hearing

none, he moved on to Next Meeting.

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12: NEXT MEETING: Mathes stated there is a correction next meeting will be on July 1st. Ruehman

Commissioner Ruehman stated he will be out of town.

Chair Akers asked Manager Mathes if he looked into the Election of Chairs, he stated he has not

but will do so.

Chair Akers asked Mathes what is being built on the corner of Myrtle and New York, he stated it is

a house with a very big barn

Also asked what is going on the Tower, Mathes stated it is Verizon replacing equipment.

13. ADJOURNMENT:

MOTION to adjourn by Commissioner Ruehman and SECONDED by Commissioner Cardozo

There being no further business Chair Akers adjourned the meeting at 5:56p.m.

These minutes were approved by the City of Fellsmere Planning and Zoning Commission/ Local Planning

Agency at their meeting held on _____ day of July 2020. P&Z20200617MINUTES.DOC

____________________________________________

Maria F. Suarez-Sanchez, Recording Secretary

PLANNING COMMISSION/LOCAL PLANNING AGENCY REGULAR MEETING CITY COUNCIL CHAMBERS

MEETING DATES PZ: July 15, 2020 COUNCIL: July 16, 2020 REQUEST: EVALUATION & APPRAISAL (EAR) REPORT APPROVAL REASON FOR REQUEST: The State of Florida requires that a local Comprehensive Plan be revised once every seven years to determine whether there are any changes required due to changes in Florida statutes and changing local conditions. This review is called the Evaluation and Appraisal Report. DESCRIPTION: The State of Florida publishes the dates in which local governments are required to evaluate their Comprehensive Plans. Fellsmere is scheduled to perform their next evaluation by July 31, 2020. The prior EAR was adopted by Council in July 2013. Due to the length of time since the prior EAR, staff has conducted an exhaustive review of outdated policies and deadlines. For the most part, the changes were procedural. Please see the attached document presenting the proposed revisions. The City is required to send a letter to the State by July 31, 2020 stating that they have evaluated their Comprehensive Plan to determine if plan amendments are necessary to reflect changes in State requirements since the last update and that the City has found one such plan amendment necessary. On July 1st, a workshop was conducted with the Planning & Zoning Commission as one of the many ongoing efforts the City undertakes to maintain a current and relevant Comprehensive Plan. Since the City conducted major updated to the Comprehensive Plan as a result of implementing the Corrigan annexation and Form Based Code, City Council directed that a visioning exercise was not required. This Evaluation and Appraisal Report performs the minimum tasks to meet state requirements. CONCURRENCY ISSUES: N/A CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed changes are consistent with the Comprehensive Plan. STAFF RECOMMENDATION: Approve Resolution 2020-13 to recommend City Council approve Resolution 2020-14 RECOMMENDED PZ/LPA MOTION/ACTION: Approve Resolution 2020-13.

WWD 6-10-2020

~ Page 1 of 2 ~

RESOLUTION NO. 2020-13

RESOLUTION OF THE PLANNING AND ZONING COMMISSION ACTING AS

THE LOCAL PLANNING AGENCY FOR THE CITY OF FELLSMERE, INDIAN

RIVER COUNTY, FLORIDA, RECOMMENDING THAT THE CITY COUNCIL

ADOPT RESOLUTION NO. 2020-14 ADOPTING THE EVALUATION AND

APPRAISAL OF THE CITY OF FELLSMERE COMPREHENSIVE PLAN 2035.

WHEREAS, Pursuant to Chapter 9 Monitoring and Review Element of the City of Fellsmere Comprehensive Plan 2035, the Planning and Zoning Commission acting as the Local Planning Agency held an advertised public workshop on _____________, ___ 2020 and an advertised public hearing on _______________ ____, 2020 providing for participation by the public in the process of reviewing the Evaluation and Appraisal of the Comprehensive Plan 2035; and

WHEREAS, the Planning and Zoning Commission acting as the Local Planning Agency has

determined that the Evaluation and Appraisal study is necessary and appropriate to assess the progress in implementing the adopted Comprehensive Plan 2035 and updating the Comprehensive Plan to adequately address changes in state requirements and local conditions.

NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission acting as the Local Planning Agency for the City of Fellsmere, as follows:

SECTION 1. The Planning and Zoning Commission acting as the Local Planning Agency for the City of Fellsmere, Florida, in accordance with Chapter 9 Monitoring and Review Element of the Comprehensive Plan 2035 and Section 163.3191 Florida Statutes, held an advertised public workshop and advertised public hearing and heard comments from the public regarding implementation of the Comprehensive Plan 2035 and updating the Comprehensive Plan 2035.

SECTION 2. The Planning and Zoning Commission acting as the Local Planning Agency for the City of Fellsmere, Florida, recommends to the City Council that they adopt Resolution No. 2020-14 adopting the Evaluation and Appraisal study of the Comprehensive Plan 2035.

SECTION 3. This Resolution shall become effective immediately upon its adoption.

The foregoing Resolution was moved for adoption by Commission Member _____________________________________. The motion was seconded by Commission Member _____________________________________ and, upon being put to a vote, the vote was as follows:

Chair, Revis “Buddy” Akers _____ _ Commission Member Michael Barone _______ Commission Member Michael T. Rhueman _______ Commission Member Dale Beaman _______ Commission Member Jose Cardozo _______ Alternate Commission Member Claudia Luna _______

WWD 6-10-2020

~ Page 2 of 2 ~

The Chairman thereupon declared this Resolution fully passed and adopted this _______day

of ____________________________, 2020.

PLANNING & ZONING COMMISSION CITY OF FELLSMERE, FLORIDA ACTING AS THE LOCAL PLANNING AGENCY

Revis "Buddy" Akers, Chairman

ATTEST: Maria Suarez-Sanchez, Commission/Agency Secretary

t:\clients\1760\99010-20\2020.06.10 p&z resolution no. 2020-13 comp plan.doc

WWD 6-10-2020

RESOLUTION

NO. 2020-14

A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER

COUNTY, FLORIDA, AFFIRMING THE EVALUATION AND

APPRAISAL OF THE CITY OF FELLSMERE COMPREHENSIVE PLAN

2035 AND APPROVING TRANSMITTAL OF NOTIFICATION OF THE

REQUIRED EVALUATION OF THE COMPREHENSIVE PLAN 2035 TO

THE DEPARTMENT OF ECONOMIC OPPORTUNITY IN

ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES;

PROVIDING FOR RATIFICATION; PROVIDING FOR ADOPTION OF

EVALUATION AND APPRAISAL; PROVIDING FOR FUTURE

AMENDMENT OF COMPREHENSIVE PLAN 2035; PROVIDING FOR

TRANSMITTAL AND FURTHER PROVIDING FOR REPEAL OF

CONFLICTING PROVISIONS; SEVERABILITY; AND AN EFFECTIVE

DATE.

WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, the City Council adopted its Comprehensive Plan by Ordinance No. 90-3 on July 30, 1990; and

WHEREAS, the City of Fellsmere Comprehensive Plan was substantially amended by Ordinance No. 02-05 adopting the Comprehensive Plan 2020 on December 4, 2003; and

WHEREAS, the City of Fellsmere Comprehensive Plan 2020 was further amended by

Ordinance No. 2010-07 on October 7, 2010 adopting the Comprehensive Plan 2035; and WHEREAS, on May 10, 2013 the City received a letter from the Department of

Economic Opportunity advising of the Department’s new submittal schedule for the Evaluation and Appraisal Notification Letters, which required submitted by the City to the Department by July 1, 2013; and

WHEREAS, the City timely responded to the Department of Economic Opportunity with

the Evaluation and Appraisal Notification Letter; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to evaluate and appraise their Comprehensive Plan every seven (7) years and update the Comprehensive Plan to adequately address changes in state requirements and local conditions; and

WHEREAS, the City of Fellsmere Planning and Zoning Commission, acting as the Local Planning Agency held an advertised public workshop on _____________ ___, 2020 and an advertised public hearing on _________________, ___, 2020, provided for participation by the public in the process, reviewed the Evaluation and Appraisal study of the Comprehensive Plan 2035 and rendered its recommendations to the City Council; and

WHEREAS, the City Council reviewed the Evaluation and Appraisal of the Comprehensive Plan 2035, held advertised public hearings on _______________ ____, 2020 and ________________ ____, 2020, and provided for comments and public participation in the planning process in accordance with the requirements of state law and Chapter 9 Monitoring and Review Element of the Comprehensive Plan 2035.

WWD 6-10-2020

PAGE 2 OF 3

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:

SECTION 1. RATIFICATION. The above recitals are hereby ratified, confirmed and adopted as legislative findings by the City Council.

SECTION 2. ADOPTION OF EVALUATION AND APPRAISAL. The City Council does hereby adopt the Evaluation and Appraisal study for the City of Fellsmere Comprehensive Plan 2035, attached here in as Exhibit “A” and by this reference made a part hereof. SECTION 3. FUTURE AMENDMENT OF COMPREHENSIVE PLAN 2035. The City Council does hereby state its intention to amend the City of Fellsmere Comprehensive Plan 2035 based on the recommendations contained in the Evaluation and Appraisal study.

SECTION 4. TRANSMITTAL. The City Council does hereby direct the City Manager to transmit the Evaluation and Appraisal to the Department Economic Opportunity as set forth in Section 163.3191(1), Florida Statutes.

SECTION 5. REPEAL OF CONFLICTING PROVISIONS. All previous resolutions

or parts thereof, which conflict with the provisions of this Resolution, to the extent of such conflict, are superseded and repealed.

SECTION 6. SEVERABILITY. If any section, part of a sentence, phrase or word of

this Resolution is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this Resolution without such unconstitutional, invalid or inoperative part.

SECTION 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.

The foregoing Resolution was moved for adoption by Council Member _______________________. The motion was seconded by Council Member _______________________ and, upon being put to a vote, the vote was as follows:

Mayor Joel Tyson _____ Council Member Fernando R. Herrera _____ Council Member Inocensia Hernandez _____ Council Member Gerry Renick _____ Council Member Jessica Salgado _____

The Mayor thereupon declared this Resolution duly passed and adopted this _______day of _____________________, 2020.

CITY OF FELLSMERE, FLORIDA

_____________________________

ATTEST: Joel Tyson, Mayor ______________________________ Maria Suarez-Sanchez, City Clerk

WWD 6-10-2020

PAGE 3 OF 3

I HEREBY CERTIFY that Notice of the public hearings on the Evaluation and Appraisal

and this Resolution were published in the Press Journal, that the foregoing Resolution was duly passed and adopted on the _________ day of _________________________, 2020, and the first public hearing was held on the _______ day of _________________________, 2020, and the second and final public hearing was held on the _______ day of _________________________, 2020. ___________________________________ Maria Suarez-Sanchez, City Clerk

t:\clients\1760\99010-20\2020.06.10 resolution no. 2020-14 comp plan .doc

Exhibit “A” to Resolution 2020-14

Page 1 of 5

Excerpt

Recommended Action

Chapter 2

Tran A-3.1 Beginning in 2010, the City shall use County and State numerical indicators for monitoring the achievement of City mobility goals on the County arterial and collector roads.

Beginning in 2010, t The City shall use County and State numerical indicators for monitoring the achievement of City mobility goals on the County arterial and collector roads.

TRAN A-7 The City of Fellsmere shall protect existing and future right-of-way from building encroachment as well as coordinate with Indian River County to ensure that the addition of rights-of-way necessary for roadway improvements planned for 2020 are acquired.

The City of Fellsmere shall protect existing and future right-of-way from building encroachment as well as coordinate with Indian River County to ensure that the addition of rights-of-way are acquired necessary for roadway improvements reflected in Fig. 2-1A and B, Long Range Transportation Plan.

Tran A-7.6 By June 2011, the City shall develop complete street programs for all existing streets within the historic center of town and representative typical sections by street type for new roads.

By June 201122, the City shall develop complete street programs for all existing streets within the historic center of town and representative typical sections by street type for new roads.

Tran A-8.3 Indian River County is responsible for the arterials and collector roadways in the City. The City has been successful at improving unpaved local roads through a planned improvement program using Community Development Block Grant (CDBG) funding. The City has representation on the County Metropolitan Planning Organization and through that agency and the development review process, Fellsmere shall coordinate with Indian River County to ensure that the 2020 roadway improvements identified in the table below are completed in a timely and cost efficient manner. The table below also identifies the estimated cost, the timeframe, and the funding of the improvement. This table includes projects listed on the Long-Range Transportation Improvement Programs by Florida Department of Transportation (FDOT), the City, and the County.

Rewrite Indian River County is responsible for a portion of the arterials and collector roadways in the City. The City has been successful at improving unpaved local roads through a planned improvement program using Community Development Block Grant (CDBG) funding and other sources of State and Federal grant funding. The City coordinates with County Metropolitan Planning Organization and FDOT for the development review process.

Tran A-8.5 The City shall maintain an evaluation of the anticipated cost to pave all north/south streets with selected east/west streets. The timing of these improvements is planned to be spread out over time with the criteria for evaluating proposed improvements as provided in Policy Tran A-8.2 above. The City shall in good faith include expenditures for these improvements in future Capital Improvement Plans.

The City shall maintain an evaluation of the anticipated cost to pave all north/south streets with selected east/west streets and seek funding sources from State and Federal grants when available. The timing of these improvements is planned to be spread out over time with the criteria for evaluating proposed improvements as provided in Policy Tran A-8.2 above. The City shall in good faith include expenditures for these improvements in future Capital Improvement Plans.

Chapter 3

Policy H A.2.1

Exhibit “A” to Resolution 2020-14

Page 2 of 5

The City shall implement code enforcement activities in order to reduce the number of substandard units by ten (10) percent by December 31, 2005.

The City shall implement code enforcement activities in order to reduce the number of substandard units by ten (10) percent by December 31, 2005 year over year.

Chapter 4

Policy CON A-4.1 Wetlands, as defined in Rule 9J-5.003 (149), FAC, shall be protected from physical or hydrologic alterations in order to maintain natural functions or mitigation shall be required consistent with the requirements of the SJRWMD.

Wetlands, as defined in Rule 9J-5.003 (149), FAC, shall be protected from physical or hydrologic alterations in order to maintain natural functions or mitigation shall be required consistent with the requirements of the SJRWMD.

PF B-1.2 By December 2011, the City shall evaluate the merits of adopting a program that requires non-residential development within the wastewater service area to connect to the system according to the time period or conditions set forth in the program adopted by the City. The City shall also investigate a regulatory or educational framework to ensure the proper functioning of individual septic systems. The City shall also pursue Community Development Block grant funds or other grant funds from other state or federal programs to help reduce costs to connect existing development to the wastewater system.

By December 2011, the City shall evaluate the merits of adopting a program that requires Existing non-residential development within the wastewater service area shall to connect to the water treatment system in accordance with the requirements of the comprehensive plan and Florida statutes. The City shall also pursue Community Development Block grant funds or other grant funds from other state or federal programs to help reduce costs to connect existing development to the wastewater system. New Section PF B-2.4 The City shall investigate a regulatory or educational framework to ensure the proper functioning of individual septic systems.

Chapter 5

OBJECTIVE CON A-1 Within one year from the effective date of the Comprehensive Plan, the City shall have adopted performance standards as part of the land development regulations to ensure that new development meets or exceeds the minimum air quality standards established by the Florida Department of Environmental Protection (DEP). In addition, the City shall establish regulatory programs to prevent and/or minimize non-point sources of air pollution (note: the City has no point sources of air pollution).

Within one year from the effective date of the Comprehensive Plan, The City shall have adopted maintain performance standards as part of the land development regulations to ensure that new development meets or exceeds the minimum air quality standards established by the Florida Department of Environmental Protection (DEP). In addition, the City shall establish regulatory programs to prevent and/or minimize non-point sources of air pollution (note: the City has no point sources of air pollution).

Policy CON A-1.2 Within one year from the effective date of the Comprehensive Plan, the City shall adopt land development regulations to protect against loss of air quality by using soil erosion and sedimentation controls as well as nuisance abatement standards. The land development regulations shall include land use controls that promote activities compatible with existing land uses and natural systems, while prohibiting activities that generate air pollutants and other adverse impacts on the environmentally fragile ecosystem.

Within one year from the effective date of the Comprehensive Plan, The City shall adopt continue to enforce land development regulations to protect against loss of air quality by using soil erosion and sedimentation controls as well as nuisance abatement standards. The land development regulations include land use controls that promote activities compatible with existing land uses and natural systems, while prohibiting activities that generate air pollutants and other adverse impacts on the environmentally fragile ecosystem.

Exhibit “A” to Resolution 2020-14

Page 3 of 5

Policy CON A-4.5.1 Review Process. The City shall coordinate with the jurisdictional agencies for purposes of rendering legal, equitable, and environmentally sensitive determinations of the development rights to be permitted on such wetlands and/or lands under the jurisdiction of the State or Federal government. The developer of a parcel of environmentally sensitive land shall be responsible for obtaining permits or exemptions from the Florida Department of Environmental Protection (DEP), St. John's River Water Management District, or from the Army Corp of Engineers, as may be appropriate, prior to obtaining a development order or final construction plan review approval from the City. Regardless of permitting by Federal or State permitting agencies, the City shall reserve the right to determine the appropriate land use, density/intensity, and special mitigation measures including, but not limited to, the construction of culverts or other means.

Review Process. The City shall coordinate with the jurisdictional agencies for purposes of rendering legal, equitable, and environmentally sensitive determinations of the development rights to be permitted on such wetlands and/or lands under the jurisdiction of the State or Federal government. The developer of a parcel of environmentally sensitive land shall be responsible for obtaining permits or exemptions from the Florida Department of Environmental Protection (DEP), St. John's River Water Management District, or from the Army Corp of Engineers, as may be appropriate, prior to obtaining a development order or final construction plan review approval from the City. The City may not require receipt of an outside agency permit prior to obtaining a development order or final construction plan review approval from the City. Regardless of permitting by Federal or State permitting agencies, the City shall reserve the right to determine the appropriate land use, density/intensity, and special mitigation measures including, but not limited to, the construction of culverts or other means.

Policy CON A-7.8 By January 2012, the City shall conduct prerequisite studies and develop a transfer of development rights program that will enhance opportunities for the preservation of native communities and the enhancement of existing marginal communities.

By January 201225, the City shall conduct prerequisite studies and develop a transfer of development rights program that will enhance opportunities for the preservation of native communities and the enhancement of existing marginal communities.

Policy CON A-12.5 The City of Fellsmere shall develop a regional economic development program that includes a component targeting the creation of economic development plan and initiative that will capitalize on the surrounding conservation areas. The City will incorporate this program into a new Economic Element to be adopted by the City by January 2012.

Delete entirely

Chapter 6

Policy REC A-1.1. The level of service standards for parks and recreation facilities shall be 2.0 acres per 1,000 people. The following recreation facilities levels of service shall be utilized by the City to guide the programming of park improvements but shall not be used for the purpose of development concurrency.

The level of service standards for parks and recreation facilities shall be 2.0 acres per 1,000 people This standard applies only to developed park areas, not undeveloped or conservation lands. The following recreation facilities levels of service shall be utilized by the City to guide the programming of park improvements but shall not be used for the purpose of development concurrency.

Chapter 7

ICE A-1.6 By July 2008 or before, the City of Fellsmere shall enter into an agreement with the Indian River County School Board, Indian River County and its Municipalities, to establish an

By July 2008 or before, The City of Fellsmere shall maintain an agreement with the Indian River County School Board, Indian River County and its Municipalities,

Exhibit “A” to Resolution 2020-14

Page 4 of 5

Interlocal Agreement (ILA) between the City and the School Board.

to establish an Interlocal Agreement (ILA) between the City and the School Board.

ICE A-2 Within one year from the effective date of the Comprehensive Plan, the City of Fellsmere shall enforce land development regulations that ensure that land development activities, resource conservation, and infrastructure issues, which transcend jurisdictional boundaries, are managed in a manner that includes timely coordination with County, regional, and State agencies having jurisdictional authority.

Within one year from the effective date of the Comprehensive Plan, The City of Fellsmere shall continue to enforce land development regulations that ensure that land development activities, resource conservation, and infrastructure issues, which transcend jurisdictional boundaries, are managed in a manner that includes timely coordination with County, regional, and State agencies having jurisdictional authority.

ICE A-2.4 Within one year from the effective date of the Comprehensive Plan, the City shall adopt land development regulations incorporating administrative procedures to ensure efficient coordination of land and water management issues surrounding proposed development are carried out in a timely manner with all public entities having jurisdictional authority.

Within one year from the effective date of the Comprehensive Plan, The City shall adopt has adopted and shall enforce land development regulations incorporating administrative procedures to ensure efficient coordination of land and water management issues surrounding proposed development are carried out in a timely manner with all public entities having jurisdictional authority.

ICE A-2.5 Within one year from the effective date of the Comprehensive Plan, the City shall maintain land development regulations that include administrative and site plan review criteria that require applicants for development approval to obtain permits from appropriate County, regional and State agencies prior to commencing any construction authorized in a final development order from the City.

Within one year from the effective date of the Comprehensive Plan, The City shall maintain land development regulations that include administrative and site plan review criteria that require applicants for development approval to obtain permits from appropriate County, regional and State agencies prior to commencing any construction authorized in a final development order from the City

ICE A-2.6 The City will collaborate with the County in having a Community Urban growth and services area boundary surrounding Fellsmere for guiding and managing growth beyond the City limits for the next 20 to 25 years. The City's adopted Boundary area will be evaluated and/or modified at least every five years and/or will be reviewed in conjunction with a comprehensive update of the City Plan.

The City will collaborate with the County in having a Community Urban growth and services area boundary surrounding Fellsmere for guiding and managing growth beyond the City limits for the next 20 to 25 years. The City's adopted Boundary area will be evaluated and/or modified as part of the required evaluation and appraisal of the comprehensive plan at least every five seven years and/or will be reviewed in conjunction with a comprehensive update of the City Plan.

ICE A-4 Within one year from the effective date of the Comprehensive Plan, the City shall have adopted a revised concurrency management program (refer to Objective 9-1.5).

Within one year from the effective date of the Comprehensive Plan, The City shall have has adopted and shall enforce a revised concurrency management program (refer to Objective 9-1.5).

ICE A-4.1 Within one year from the effective date of the Comprehensive Plan, the City shall adopt revised Land Development Regulations, including performance standards.

Within one year from the effective date of the Comprehensive Plan, The City shall adopt maintain revised Land Development Regulations including performance standards.

Chapter 8

Exhibit “A” to Resolution 2020-14

Page 5 of 5

GOAL CIE B. This section stipulates a three, five, and ten year schedule of Capital Improvements together with criteria for monitoring and evaluating the Capital Improvements Element.

This section stipulates a The City is to implement a rolling three, five, and ten year schedule of Capital Improvements together with criteria for monitoring and evaluating the Capital Improvements Element.

Policy CIE A-5.1 Recreation: The Recreation Facilities levels of service contained herein shall be utilized by the City to guide the programming of park improvements but shall not be used for the purpose of development concurrency.

Recreation: The Recreation Facilities levels of service contained herein shall be utilized by the City to guide the programming of park improvements but shall not be used for the purpose of development concurrency. This Level of Service standard applies only to developed park areas, not undeveloped or conservation lands.

Chapter 9

MON – Introduction This section stipulates procedures for implementing the required procedures for monitoring, updating and evaluating the Comprehensive Plan pursuant to F.S. § 163.3191, and § 9J-5.005(7), FAC.

This section stipulates procedures for implementing the required procedures for monitoring, updating and evaluating the Comprehensive Plan pursuant to F.S. § 163.3191, and § 9J-5.005(7), FAC.

Procedures for Evaluation Citizen Participation. The public shall be encouraged to participate in the evaluation process by the holding of at least one workshop during the preparation of the EAR, at which public comments and recommendations regarding the Comprehensive Plan shall be received for consideration. Notice of such workshop shall be by advertisement at least one week prior to the date of such meeting. At least one advertised Public Hearing shall be held by the Local Planning Agency prior to the LPA recommending the EAR to the City Council for their consideration, amendment, and adoption. The City Council shall, prior to adoption of the EAR, hold a minimum of two (2) advertised Public Hearings.

Citizen Participation. The public shall be encouraged to participate in the evaluation process by the holding of at least one workshop during the preparation of the EAR, at which public comments and recommendations regarding the Comprehensive Plan shall be received for consideration. Notice of such workshop shall be by advertisement at least one week prior to the date of such meeting. At least one advertised Public Hearing shall be held by the Local Planning Agency Planning and Zoning Commission prior to the LPA P&Z Commission recommending the EAR to the City Council for their consideration, amendment, and adoption. The City Council shall, prior to adoption of the EAR by Resolution, hold a minimum of two (2) one (1) advertised Public Hearings.