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HomeMy WebLinkAbout10-14-2015 CC Minutesan IX SE�T�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING and COMMUNITY REDEVELOPMENT AGENCY (CRA) MEETING MINUTES WEDNESDAY, OCTOBER 14, 2015 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Meeting to order at 6:00 p.m. 2. Invocation was given by Father John Morrissey, St. Sebastian Catholic Church. 3. The Pledge of Allegiance was led by Vice Mayor Adams. 4. ROLL CALL City Council/CRA Members Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Bob McPartlan City Council Absent: Council Member Jim Hill (excused) City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Golf Course Director, Greg Gardner City Engineer, Frank Watanabe Community Development Planner, Jan King Police Chief, Michelle Morris 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 15.154 A. Sebastian River High School Boys and Girls Golf Teams - Presentation of Check in the Amount of $3,745 from Fundraiser - Boys Head Coach, Steven McAnelly, and Girls Head Coach Jerry Golliher and Team Members Mayor Gillmor introduced Golf Course Director, Greg Gardner, who presented the check from proceeds of the annual fundraiser to the SRHS Boys and Girls Golf Team, described the rewarding experience of working with the high school, noting several of the students went on to college golf and maybe 8 or 9 of them are now in golf businesses and some are Class A PGA pros. He introduced Jerry Golliher, Steven McAnelly and student team member Katy Toperzer. Mr. Golliher and Mr. McAnelly thanked them for the opportunity and funding, said none of this would not be possible without Greg Gardner, and commended the students who participate and cited their achievements. Regular City Council/CRA Meeting October 14, 2015 Page Two 15.155 B. Proclamation — Domestic Violence Awareness Month — IRC Sheriff Deputy Eric Flowers, Lewana Dupree and and Laura Saputo Accepting Mayor Gillmor read and presented the proclamation to Linda Hengerer, Safespace Board of Directors and President -Elect, who briefly described the program which serves Indian River, St. Lucie and Martin Counties to provide a secure location for victims of domestic violence. She noted that every day two women lose their lives in the United States to domestic violence at the hands of a domestic partner, and in Indian River County alone there were almost 2 calls every day to the Sheriffs Office from someone in fear for their life. She said Safespace has a 48 bed emergency shelter, an outreach progam in all three counties, and facilities for woman with and without dependent children. She said the City's support is appreciated. 15.156 C. Will Collins Presentation - Third Annual Captain Hiram's River Challenge — November 22. 2015 Will Collins, Captain Hirams, Sebastian, gave a brief presentation on the planned Third Annual Captain Hiram's Triathlon, said he hoped to leave with Council approval, described the event as a fundraiser to raise awareness for organizations that support the Lagoon, listed the agencies to whom they contribute, and said the event is a great showcase for the City of Sebastian. He said the Sebastian PD and IRC Sheriffs have lent great support. In response to Ms. Coy, the City Manager said we are all set to go to support the event. Mr. Collins said there will be no road closures as the competitors flow with the traffic, with police support and the event finishes by 9 am. D. Brief Announcements • Saturday and Sunday, October 24 — 25 Skydive Sebastian Festival at Airport — also first indoor show Art Club in the Art Center next door to City Hall • Thursday, October 29, 2015 — Sebastian River HS Homecoming Parade 4 pm — Indian River Drive from Main Street to Riverview Park for Pep Rally • Saturday, October 31, 2015 — Sebastian River Middle School 5K Run Indian River Drive start Riverview Park • Saturday, October 31, 2015 — City Halloween Costume Contest in Riverview Park East Side 10 am • Friday through Sunday, November 6-8 — Sebastian Clambake Festival in Riverview Park • Captain Hiram's River Challenge — November 22, 2015 Mayor Gillmor read the announcements above. 7. Recess City Council Meeting and Convene as Community Redevelopment Agency A. Approval of September 23. 2015 CRA Minutes Excerpt of Council Minutes (Minutes Excerpt) Mayor Gillmor recessed the City Council meeting and convened the CRA Meeting at 6:17 pm. City Council acts as the CRA. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the September 23, 2015 CRA minutes passed on a voice vote of 4-0 (Hill — Absent) Regular City Council/CRA Meeting October 14, 2015 Page Three Planner, Jan King gave a brief presentation on the request from David Fannie, Acorn Storage, for a sign grant to replace an existing non -conforming sign with a monument sign, noting the design is provided in the packet, said the application meets the grant requirements and recommended approval. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the Acorn Storage sign grant. Roll Call: Ayes: Gillmor, Adams, Coy, McPartlan Nays: None Absent: Hill Passed: 4-0 Mayor Gillmor said this is what the program is for, to replace old non -conforming signs, and Ms. Coy said look around and see what has been done in Sebastian with this grant money to replace all the old high signs with lower monument signs, and thanked all the applicants. 8. Adjourn Community Redevelopment Agency Meeting and Reconvene as City Council Mayor Gillmor adjourned the CRA meeting and reconvened the City Council Meeting at 6:20 p. M. 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests, in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — September 23, 2015 Regular Meeting 15.157 B. Award Continuing Professional Engineering Services Contracts to MBV, Michael Baker, Hoyle Tanner, and Schulke, Bittle and Stoddard, and Airport Engineering Services to Hoyle Tanner, Michael Baker, TKDA and Infrastructure Engineer for Three Years with Two Optional One Year Extensions (Transmittal, Scoring Summary, Contract) 15.158 C. Approve Agreement with FPL for Underground Improvements at Sebastian Municipal Airport and Sebastian Municipal Golf Course and Authorize City Manager to Execute — No Cost to City (Transmittal, FPL Agreement) 15.040 D. Approve Cost Share Agreement with St. Johns River Water Management District (SJRWMD) for Working Waterfront Drainage Improvements in the Amount of $46,200 with City Cost of $93,800 for Total Project Cost of $140,000 — Authorize City Manager to Execute and Proceed to Permitting and Construction Phase (Transmittal, Cost Share Agreement) Regular City Council/CRA Meeting October 14, 2015 Page Four 15.159 E. Approve Florida Department of Environmental Protection (FDEP) Grant Agreement No. G0429 in the Amount of $176,840 for Tulip Drive Drainage Improvements with City Cost of $133,540 for Total Project Cost of $310,380 — Authorize City Manager to Execute and Proceed to Permitting and Construction Phase (Transmittal, DEP Agreement No. G0429) 15.160 F. Approve Resolution No. R-15-34 - 2015 Revised Indian River County Unified Local Mitigation Strategy Plan (LMS) (Transmittal, R-15-34, LMS Project Priority List w/Sebastian Projects Indicated) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE 2015 REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. 15.140 G. Approve Resolution No. R-15-35 — Support for Addition of Language/Questions on Proposed State Legislation (Transmittal, R-15-35) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE TREASURE COAST LEGISLATIVE DELEGATION TO SUPPORT A PROPOSAL REQUIRING STAFF ANALYSES FOR PROPOSED LEGISLATION TO INDICATE WHETHER THE PROPOSAL IS AN UNFUNDED MANDATE OR IMPACTS THE HOME RULE OF FLORIDA MUNICIPALITIES. 15.161 H. Approve Resolution No. R-15-36 — Abandonment of Easement — Lots 11 — 14, Block 4 Ocean Breeze Heights Subdivision (Transmittal, R-15-36, Site Map, Survey, Report, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A 5 - FOOT UTILITY EASEMENT RUNNING ALONG AND ADJACENT TO THE NORTH LINE OF LOTS 11, 12, 13, AND 14, BLOCK 4, OCEAN BREEZE HEIGHTS SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 15.162 I. Approve Road Closings for Sebastian River High School Homecoming Parade on Indian River Drive from Main Street to Riverview Park and Use of City Stage in Riverview Park at No Cost on Thursday, October 29, 2015 (Transmittal) 15.163 J. Approve Road Closings for Christmas Holiday Parade on December 5, 2015 (Transmittal) 15.156 K. Approve Captain Hiram's River Challenge with Appropriate Road Closings for Run/Bike Routes — November 22, 2015 (Transmittal, Swim/Run/Bike Route Maps) MOTION by Ms. Coy and SECOND by Vice Mayor Adams to approve the Consent Agenda. Roll Call: Ayes: Adams, Coy, McPartlan, Gillmor Nays: None Absent: Hill Passed: 4-0 10. COMMITTEE REPORTS & APPOINTMENTS 15.114 A. Planning & Zoning Commission (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired Regular Member Position —Term to Expire 2/1/2017 Louise Kautenburg was the sole applicant, therefore it was the consensus of Council to appoint Ms. Kautenburg to the unexpired Regular Member position to expire 2/1/2017. 4 Regular City Council/CRA Meeting October 14, 2015 Page Five 11. PUBLIC HEARINGS (Quasi -Judicial and Legislative) 15.058 i. Ordinance No. 0-15-06 - Amending the Conceptual Development Plan and Preliminary Development Plan/Plat for Sandcrest Subdivision- Second Reading and Quasi -Judicial Hearing - (Transmittal, 0-15-06 with Exhibits. Application, Plan and Plat) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN AND PRELIMINARY DEVELOPMENT PLAN/PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SANDCREST SUBDIVISION; PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-15-06 by title. There was no ex -parte communication to disclose by any member of City Council. The City Clerk administered the oath to anyone who intended to offer testimony. Planner, Jan King gave a brief presentation on the request for the change to the rear setback from 25 feet to 20 feet, which was originally negotiated in the conceptual PUD and since they decided to go with a different builder, the new plans are slightly longer but will have very little effect on the minimum open space, and simply a design standard change. She noted the rest of Sebastian Highlands has 20 foot setbacks, the ordinance is designed to take care of both the prior conceptual plan and preliminary plat approvals, and staff recommends approval. Mayor Gillmor noted if current residential has 20 foot setbacks, then nothing special is being given. Ms. Coy asked staff to clarify that we are not adding any more houses, and Ms. King said yes that is correct, that it is just the design of the house itself, the number of lots will remain the same, and it is the footprint that is changing slightly. In response to Ms. Coy, Chuck Mechling, applicant, responded that an enhanced covered porch area at the back of the house was added so one house plan will be 1.5 feet longer and this design will be on maybe 10 to 20% of the entire project, and the actual depth of that house design is 67 or 68 feet. The City Manager added the lot size is 5500 square feet on the perimeter, and on the interior lots it is 4700 square feet. At 6:28 p.m., Mayor Gillmor called for anyone in favor and there were no responses. He then called for anyone opposed and there were no responses. Mayor Gillmor closed the hearing. MOTION by Mr. McPartlan and SECOND by Ms. Coy to adopt Ordinance No. 0-15-06. Roll Call: Ayes: Coy, McPartlan, Gillmor, Adams Nays: None Absent: Hill Passed: 4-0 5 Regular City Council/CRA Meeting October 14, 2015 Page Six 15.164 ii, Resolution NO. — uuasl-Juaiclal mearina — Plat, Staff Report, Application, IRC Administrator Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS BROOK'S 512 COMMERCIAL DEVELOPMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-15-33 by title, there was no ex -parte communication to disclose and the City Clerk administered the oath to all who intended to offer testimony. Randy Mosby, Project Engineer, representing applicant Dr. Brooks, presented the request for the two acre commercial tract of land, with a man-made lake on property which makes it undevelopable, and are here to plat the land to make it developable. He said the applicants plans to fill in the lake, redesigning the existing stormwater management tract, and fill in .2 acres of degraded wetlands. He said they have received all approvals from St. Johns River Water Management, Army Corp of Engineers, Indian River County, and City Planning and Zoning Commissions with three conditions which he noted as follows: Provide a stormwater easement for the reconfigured drainage pond and a sign easement for the existing subdivision entrance sign. Mr. Mosby stated through their research they found there is already an easement in place for the sign and they are granting an easement for the stormwater management pond. He said the pond is part of the master stormwater management system for the Sebastian Lake PD, and that item is already reflected on the resubmitted preliminary plat. Preserve the landscape buffer along the rear (southern) property line, to the extent possible. Mr. Mosby said the tract is bordered on the south side by a tract called A1, a buffer that separates the commercial tract from the PD. He said the buffer consists of a berm and a very dense vegetated tree line on top of the berm, which is on Tract Al, off of their subject property and it will be maintained, so people to the south won't see any of the development. Mr. Mosby said that Dr. Brooks wants to put in a medical or dental office facility. Provide a written agreement between the owner and the Sebastian Lakes Master Association, Inc. regarding maintenance responsibility of the stormwater pond and the entrance sign. Mr. Mosby said he talked to Dr. Brooks today and he said he will maintain that pond, that there has been discussion that the PD HOA has been maintaining the pond, but Dr. Brooks wants to ensure that the pond is kept up. He reiterated they have received all approvals, have gone through four months of review by staff and he is here to answer questions. Mayor Gillmor asked the City Engineer for clarification that the pond on the property is part of the master stormwater masterplan for the subdivision that is behind it. Regular City Council/CRA Meeting October 14, 2015 Page Seven The City Engineer responded that this complex has a master stormwater plan, and this retention pond may be part of a larger area. Mayor Gillmor said if you develop this piece of property, it has to have stormwater runoff too, and the City Engineer said the development was designed to handle that commercial property. Mayor Gillmor said then the size won't change, he is just going to move the location, and the City Engineer responded he just needs to massage it to make it work on the commercial property. Mayor Gillmor called for anyone in favor of the request, and there were no responses. Mayor Gillmor called for anyone opposed to the request. Victoria Flaherty, 1331 Shoreline Circle, Sebastian Lakes, said there are 161 units and approximately 350 residents in Sebastian Lakes, said they don't see the proposed changes as site improvements, and have concerns about the proposed project. She asked to address the concerns and then read a letter into the record for a neighbor who cannot be here. Ms. Flaherty said the PD includes Winn Dixie, Walgreens, and other small businesses, however, unlike Winn Dixie and Walgreens, the residents of Sebastian Lakes are more intimately connected with this parcel because of close proximity. Ms. Flaherty said the wetlands in the parcel were designated wetlands in the 1980s, a guesstimate, but now in 2015 it has lost that protected status because it is not deemed a real or good quality wetland according to field survey work on April 24, 2015, this wetland area will be cleared, flattened and filled in, and SJRWMD has approved the destruction of the wetland. She said the wetland is habitat for various life and is a stormwater drainage system. She said in a May 14, 2015 letter to Dr. Brooks from the Department of the Army, the project site may have species protected by the Endangered Species Act of 1972 as amended, so he should contact the local US Fish and Wildlife Service to determine to determine if any listed species or their habitat are present on the project site, and to her knowledge this has not been done, rather a local resident determined that there were no federally listed species or their habitat present. Ms. Flaherty went on to describe the purpose of wetlands and their activity to act as buffer zones between land and waterways, holding on to carbon, a process called sequestration, filtering chemicals from roads, parking lots and other surfaces, can be designed for stormwater or wastewater treatment, and said there should be no difference between natural and manmade wetlands once the vegetation has matured, stating proof of this is in an ongoing fifteen experiment in an outdoor laboratory at Ohio State University that shows natural wetlands can offer just as many if not more ecological services as will manmade wetlands, and after 15 years these two wetlands contained nearly the same number of plants, species and their rates of retaining phosphorous and nitrogen were almost identical, and both hold carbon in their soil. She said their work is supported by the US Department of Agriculture and US Environmental Protection Agency, and refutes the axiom that this wetland is not real or not of good quality wetland. She said with respect to the drainage pond reconfiguration, the original configuration was not concerned with maximizing acreage for profit but what was in the best interest of the nearby residential area and keeping it for instances of overflow, noting in times of extreme rain those ponds can flood, and with reconfiguration the overflow will be close to residences. 7 Regular City Council/CRA Meeting October 14, 2015 Page Seven She said the triangular configuration they want to do brings it right to the line of the property. She said they have a sign easement and wanted to share photos (see attached) to show the where the sign is and asked whether the foliage and massive oak trees will be protected. Mayor Gillmor said it has already been addressed that the sign is in their easement. Ms. Flaherty said she thought the easement was just for the sign but not the foliage that is there. Ms. Coy asked to see the photos, and asked what her issue with the trees was, and she responded just that they might be taken down on one side. Ms. Flaherty asked that we pause and do more research before continuing, and then read a letter from Patty Tunek, 1327 Shoreline, Sebastian Lakes, (did not provide copy of letter for record), objecting to plans to fill in the wetlands, but rather to preserve and protect them for future generations. Leo Collia, President, Master Board Association for Sebastian Lakes, said they have come to terms with the easement for the sign and the easement of the retention pond, were concerned that the other pond which was catching water will be filled in and leveling of land will push more water to the retention pond, and wanted to be sure all of that is taken into consideration, because all of those lakes are part of a whole system. He said over the years they have maintained all those ponds and plan to maintain those ponds, and cannot depend on someone else to maintain them because any negligence or error could affect their pond. He said part of the conditions were that they were supposed to come to terms with Dr. Brooks, have never given up ownership of those ponds, and want to continue going forward, so unless they come to terms that condition has not been met, and Dr. Brooks saying he would take care of it means to him that they do matter in this discussion. He said again they do not accept that as the solution, and it enhances their fear of the problem. He said further investigation may be that old easements allowed them to do that and are seeking answers to mitigate a problem. He said they have been maintaining the buffer between the properties and the sign part at no cost to anyone, and there are some statements made that there should have been support from someone owning the commercial property. He said they are not giving up the right to maintain the ponds, want relief if someone else is going to be taking care of the ponds, and need protection. He said they have been there and are going to be there, the problem is not just going to go away, they need to rectify it, and if they do not come to terms it should not go any further. Mayor Gillmor asked the City Manager if there was a similar problem in the past where the property owner of a parcel that adjoins our garage, removed a pond. Ms. King responded that it was a similar situation, they got permits from SJRWMD to take the lake out, which was not a stormwater lake, and because they didn't have a site plan because they didn't know what they were going to do with the property, they went through a one lot subdivision approval process so the City could issue development permits to fill the lake, came up with a master stormwater plan, constructed a stormwater pond, and filled in the original lake. She said this is very similar to that because this applicant does not have a clear plan to develop his property. She said there are two ponds, one on the east side predominately on Dr. Brooks' property which extends over onto the library site, and he has approval from Indian River County with letter from County Administrator Joe Baird, from SJRWMD and from Army Corps of Engineers. She said as to the pond on the west side of his property, he wants to reconfigure it to have a more developable property, and elongate it. She said it has been designed to accommodate maximum buildout of his property and everything that it has been taking from the residential area, so he has to beef it up some to accommodate both. Regular City Council/CRA Meeting October 14, 2015 Page Eight Ms. King, in regard to the wetlands issue, read from SJRWMD staff report (see attached) in the agenda packet, which states the wetland was manmade and has decreased in size, provides minimal wildlife habitat, and stated that the applicant provided a letter from David Cox, PhD, Vero Beach, (see attached) citing no observance of any significant flora or fauna. She said City staff is pretty well satisfied, but we will have our own Environmental Specialist walk the property for evaluation. Mayor Gillmor noted that there are now wetlands on the property he referred to previously, making the point that these wetlands will come back. Ms. Coy said she was thinking back eleven years to the Ashbury Subdivision and her concerns for trees and environment, said she had a great respect for Dr. David Cox and feels comfortable with his comments, and on the wetlands she hears both points but they got her with the trees. Mr. Mosby said the only area where they will be removing trees and filed with their land clearing permit are in the area of the wetlands in the perimeters of the stormwater tract, noting those trees in the picture might fall within the large easement around the sign. Ms. Coy said she is concerned about how much big stuff we are taking out, and said though she gets this application, she would rather have an idea of what you are going to do, as do the Sebastian Lakes folks and said they want to be involved with the maintenance of the ponds. She asked how staff is involved in the maintenance and the City Manager said we don't maintain them since it is private. Ms. King said she had been told by members of Sebastian Lakes HOA that they have invoices for maintenance of the lakes which is mowing and spraying for six or seven years. Ms. Coy said Mr. Collia stated they have done the maintenance and now they are being pushed out. Mr. Mosby said they are not being pushed out, that Dr. Brooks says he will work either way, he'll maintain it or let them maintain it, noting the applicant has two more steps to go through for final plat and site plan, and are just trying to get a site that is developable, and he is not going to take out protected oaks on that site. Ms. Coy asked what if we give you a tentative agreement pending the site plan, that she was stuck and to say Dr. Brooks said, talk is cheap. Mr. Mosby said we can do the agreement quickly and he is going to want the pond maintained. Mayor Gillmor said we are losing sight of the fact that this is just getting to a point where they can develop the property and there are other steps to go through Planning and Zoning. Mr. Mosby said Ms. King assured Sebastian Lakes residents that they will have the opportunity to review it again during site plan. Ms. Coy said but we are saying tonight okay move the pond, then Ms. King pointed out there are three conditions are listed in the resolution and if approved tonight he has to meet those. Ms. King went over the conditions set out on page 151 of the agenda packet (see page attached), and gave kudos to Dorri Bosworth who researched through hundreds of recorded 0 Regular City Council/CRA Meeting October 14, 2015 Page Ten documents for Sebastian Lakes and found the sign and sidewalk easement and this was discovered after P & Z imposed the conditions after hearing from the residents. She said as to a stormwater easement, staff has not been able to come up with a document that clearly identifies an easement on Dr. Brooks property, so an easement is shown on the plat. She then cited the third condition, the agreement between the Dr. Brooks and Sebastian Lakes regarding maintenance of the pond. Ms. Coy asked how it can be worded so it goes with the property and the City Attorney responded that the easement would run with the land, which is the way it works, and future mortgagees and purchasers are bound, as well as subsequent property owners. Mr. Collia said his concern is the management, and that we have to come to terms and he has not been approached. Ms. Coy explained again the condition, Mr. Collia said that has not been met, and Ms. Coy explained they cannot move forward until that condition is met. Mr. Collia asked if the trees are in the easement, can they be removed, and the City Attorney said only by the association and would require permits. He said again they are not to give up maintenance of the ponds, noting there may be seven or nine ponds and they affect each other. Ms. Coy said the landscape buffer is a little general, and the City Attorney said that was put in before the City determined that was not on Dr. Brooks' property. Ms. King responded we weren't clear on the small berm and heavy trees and vegetation and now and we feel that condition has already been met. She said we made this subject to approval of the conditions being met prior to release of the construction design approval of the City Engineer, so if approved he has to get that construction design signed off by City Engineer, a dewatering permit and land clearing permit from the City. Ms. Coy said she feels better about it and hopes the residents do too. Mr. McPartlan asked who Dr. Cox is, and Ms. Coy said he is a long standing environmentalist, and Mr. McPartlan asked if the Army Corps letter read required a letter from Fish and Wildlife or an equivalent regarding endangered species. Ms. King read from the letter which states they do not need an Army Corps permit but states the property may contain endangered species and they should contact the local Fish and Wildlife Service to determine if federally listed species or their habitat are present on project site. Mr. Mosby said Dr. Cox worked for Fish and Wildlife, and was the property owner's environmental consultant who worked with all the agencies. He said we can get a letter from Fish and Wildlife if you'd like to make that a condition. Ms. Coy said that is a good point. The City Engineer clarified that when you have permitting, if St. John's is needed they become the lead agency and they send letters out to all the other agencies like Fish and Wildlife, so once St. John's says we're okay and gives you a permit or if DEP is the lead agency and gives you a permit, it has been cleared with all the agencies and they become the overall umbrella. 10 Regular City Council/CRA Meeting October 14, 2015 Page Eleven Mr. McPartlan said then we should have a letter from Fish and Wildlife. Mr. Mosby said they have already had that communication. He concurred that David Cox has huge history and expertise. He said we can just get an okay from Fish and Wildlife. Ms. Coy suggested making it condition D, and Mr. McPartlan he would like that, and that for C. if Dr. Brooks says he is taking over maintenance and they don't want to give it up, then that leaves them out. The City Attorney said we require, as a condition, a written agreement between the two parties, but we don't specify how that agreement is written, or dictate the content of that agreement. He said if the parties cannot agree, assuming there were good faith negotiations, then we would have to come back to Council and then it is possible the City would take some more affirmative steps. Mayor Gillmor clarified if the two parties get together and cannot agree, then it would possibly come back to us. The City could make a determination and then remove the condition. Mr. Mosby said that Dr. Brooks said he is acceptable either way. Mayor Gillmor said he thought we were beating a dead horse here. Mr. McPartlan said he wanted to be sure, they say medical or dental office but it could be a medical marijuana drive through. Ms. Coy asked if we can set this aside for two weeks, have their meeting, and then come back in two weeks, that although commercial development would be welcome, she would feel better if they iron out beforehand. Mr. Mosby said they have been working on this for five months and can't go forward until we get this agreement, Dr. Brooks had not talked to the residents yet because this maintenance issue did not surface until the last week. Vice Mayor Adams said it cannot be made any clearer, we've gone over and over, the conditions are stated, and if not met they can't proceed, the developer needs to meet with the residents about the maintenance of the pond, and decide on what is going to be done. He said we should not put this off any further, it is crystal clear, and we need to go ahead. MOTION by Vice Mayor Adams and SECOND by Mayor Gillmor to approve this resolution. Mr. McPartlan asked if they were approving it with item D. Vice Mayor Adams restated his motion to "approve Resolution R-15-33 as amended with condition D for a letter of approval from the FWC'. Ms. Coy said if they don't come to an agreement, it comes back here, and the City Attorney responded yes because it is your condition, and if it doesn't get done, we bring it back for a resolution of that. Roll Call: Ayes: Gillmor, Adams, Coy, McPartlan Nays: None Absent: Hill Passed: 4-0 11 Regular City CounciVCRA Meeting October 14, 2015 Page Twelve B. LEGISLATIVE HEARING Legislative Public Hearing Procedures: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for the record) • Staff summation • Mayor closes hearing • Council deliberation and action 15.153 i. Ordinance No. 0-15-07 - Declaration of Public Emergencies - Second Reading and Public Hearing (Transmittal. 0-15-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO PUBLIC EMERGENCIES; AUTHORIZING THE MAYOR TO DECLARE STATES OF EMERGENCY; PROVIDING DUTIES OF THE CITY MANAGER AND THE CITY COUNCIL DURING EMERGENCY; PROVIDING SEVERABILITY: INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-15-07 by title, and briefly outlined the reasons for its preparation to provide enhanced language to include declaration of emergencies such as weather related. MOTION by Vice Mayor Adams and SECOND by Mr. McPartlan to approved Ordinance No. 0-15-07. Mayor Gillmor called for public input but there was no response. Roll Call: Ayes: Adams, Coy, McPartlan, Gillmor Nays: None Absent: Hill Passed: 4-0 12. UNFINISHED BUSINESS- None 13. PUBLIC INPUT - None 14. NEW BUSINESS 15.165 A. First Reading of Ordinance No. 0-15-08 — Designate City Seal and Low - Schedule Second Readina and Public Hearinq for November 18. 2015 (Transmittal, 0-15-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-1 OF CHAPTER 2, ARTICLE I OF THE CODE OF ORDINANCES PERTAINING TO THE CITY SEAL; PROVIDING FOR DESIGNATION OF CITY SEAL AND CITY LOGO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-15-08 by title. The City Clerk said this was presented to designate the City seal by ordinance as allowed by Florida Statutes, and differentiate between the City seal and City logo, citing a 2000 resolution that referred to the new logo designed by Curt Oxford interchangeably as seal and as logo causing confusion, when in fact it was the logo, and that the seal used currently on documents was the same as what was approved in 1924. She said we get requests for use of the logo and there is no process in place; so with this ordinance no one would be allowed to use the City seal except for official business, and City Manager approval would be needed to use the City logo, outside of official business. 12 Regular City Council/CRA Meeting October 14, 2015 Page Thirteen MOTION by Mayor Gillmor and SECOND by Vice Mayor Adams to approve Ordinance 0- 15-08 (and schedule public hearing for 11/18/15). Roll Call: Ayes: Coy, McPartlan, Gillmor, Adams Nays: None Absent: Hill Passed: 4-0 15.140 B. Negotiate Lease in Old Schoolhouse Building for Indian River Lagoon Offices (No Backup) The City Manager said it looks like the Indian River Lagoon Council will be coming to Sebastian, and because he did not get notice of this before the agenda went to press, he had provided a draft facility use agreement between the Indian River Lagoon Council and City of Sebastian to City Council for the old schoolhouse building in the old Finance Department Offices of approximately 1000 square feet starting November 1" or sooner, for Council consideration tonight (see attached). He said the year one rent will be zero, based on the fact the space has been vacant for 10-12 years, staff feels that this is an extension of what we have been trying to do for the Lagoon and this will be a startup transition for the Lagoon Council and we wanted to afford them every opportunity we could with the City in making them feel at home and getting this jumpstarted. He also said we are offering them 10 computers from the 75 that were replaced last year in the City, though they will need to provide their own hard drives. He requested Council approval of the agreement and authority to execute, but said if it changes once he gets with the Executive Director, Duane DeFreese, he will bring it back to the next meeting. Mayor Gillmor said the IR Lagoon Council voted unanimously to bring the Council here, and said this mirrors the agreement with what we have given IR State College, but theirs may be less because it is based how many students are attending. Ms. Coy said she thought the college was charged on number of classes and students. The City Manager said he thought it was about $4,000 per year, based on number of students, though noted they are up to four quarters a year, and cited that a recent presentation he made stated there were 700 students and when he delivered the new lease agreement to them, he was told it is closer to 900 students. Vice Mayor Adams asked if the computer equipment which was formerly City owned would be on the City network or stand alone. The City Manager responded they would not be any part of the City systems. Vice Mayor Adams then asked what the size of the space was, and the City Manager said approximately 1000 square feet. MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve. The City Attorney asked that the motion authorize the City Manager to execute the document in substantially the form that is before them. Ms. Coy modified her motion to include execution of proposed plan. Mayor Gillmor said the second will stand. The City Attorney said he wanted it in "substantially the form" so in case there are minor issues we could deal with that without it having to do it all over again. Ms. Coy agreed with his statement. 13 Regular City Council/CRA Meeting October 14, 2015 Page Fourteen Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy Nay: None Absent: Hill Passed: 4-0 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS The City Manager reported that Florida City Gas had presented a plaque to the City for helping them get into the City of Sebastian; said the parking lot at the old Walmart will not be available for the Clambake Festival so people will be directed to recently added street parking spaces and along Indian River Drive staff will set up angled parking in our right-of- way; and reported there have been problems with the Main Street paving project due to problems with the base of the road, he met with the City Engineer and Tim Rose today and it is more serious than we thought, and he would be bringing fairly significant change orders to Council at the next meeting, noting there will be no construction until the change orders are approved. The City Engineer said that there were unforeseen serious base failures which was the cause of the large potholes where you see cones in the road, and recent heavy rains have caused more erosion and base failures. He said the contractor will start next week on converting the Main and Fleming Street triangle to make the Main Street portion of the triangle area one way only going westbound. The City Manager said when a change order comes in like this he does not automatically sign off but requests backup and assurances, and the City Engineer will go out and check that out and he will bring to the next meeting. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Vice Mayor Adams Vice Mayor Adams said he was disappointed to hear about the Main Street problems, but thanked everyone for all the work they are doing on it. B. Council Member Coy Ms. Coy reported that our MPO was awarded for being the best small MPO in the nation, stated she asked at MPO why we are not requesting the AAF 90% plan and the County Commission members in attendance said they don't want the 90% plans because when they get them the clock starts ticking. She asked staff to ask Rusty Roberts why we did not get the 90% plans and why has Indian River been left out. Ms. Coy talked about calls she has received about ditches, most from her area which is zone 1 and which has never been cleaned out, noting we have made some booboos and dug a little too deep and now people cannot mow the ditches like we ask them to. She said there has been some property damage by our contractor and said the City will go back in and fix it. She asked for people to have patience, and to call Frank Watanabe. She said we need to discuss in the near future how to do this, the City wants you to maintain small 14 Regular City CounciUCRA Meeting October 14, 2015 Page Fifteen ditches and then we totally destroy the possibility of you doing that and we need to talk about it, possibly in November, to include whether the quarter round is working. C. Council Member Hill — absent D. Council Member McPartlan Council Member McPartlan reported on the October 24th Indian River Has Talent finals at Vero Beach High School Performing Arts Center from 5 pm to 7 pm with tickets as cheap as a donation, with 20 kids with outstanding talent. E. Mayor Gillmor - None 19. Being no further business, Mayor Gillmor adjourned the Meeting at 7:50 p.m. Approved at the October 28 2015 Regular City Council Meeting. By: XLL: h ill orr' Ma/yoorr%/f ATTES Sally A. Maio, C, City Clerk 15 'a! 1 _ • t e __:Y '�. f � �. a i+.:! �`�id`,:.r„y � •�l• ��M° �Mjjp�j. r. ♦4' 44 J005044, o M +' J 4 -T I� ............ : ------------ �m4 0 =I �I �; RESOLUTION NO. R-15-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS BROOK'S 512 COMMERCIAL DEVELOPMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the subject land has filed an application for approval of a preliminary plat for a subdivision known as Brook's 512 Commercial Development, a replat of a portion of Tract C, Sebastian Lakes Unit 1; and WHEREAS, the preliminary plat complies with applicable State and City codes and regulations; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian held a public hearing on September 17, 2015, and recommended approval of the Preliminary Plat for Brook's 512 Commercial Development, with conditions, by a vote of 4 — 0; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the preliminary plat for Brook's 512 Commercial Development prepared by Randy L. Mosby, P.E., bearing the latest revision date of October 6, 2015, as maintained on file with the Community Development Department, subject to the following conditions being met prior to release of the construction design approval by the City Engineer: a. Provide a stormwater easement for the reconfigured drainage pond and a sign easement for the existing subdivision entrance sign. b. Provide a written agreement between the owner and the Sebastian Lakes Master Association, Inc. regarding maintenance responsibility of the stormwater pond and the entrance sign. c. Preserve the landscape buffer along the rear (southern) property line, to the extent possible. 151 of 179 II. � a., OF t� Restaurant • Bars • Marina •'The Iri Good Afternoon Council, I am writing regarding the 3rd annual Capt. Hiram's River Challenge. Last year you graciously allowed us to hold the event on the morning of November 17th and it was received with rave reviews. We would like to hold the event again this year and 1 will detail the specifics below. Date: November 22nd, 2015 Time: 7:30am-9:30am Location: Capt. Hiram's Resort and roadways detailed on following pages. Beneficiaries: ORCA (Ocean Research Conservation Association), CCA (Coastal Conservation Association), and The ELC (Environmental Learning Center) Capt. Hiram's is dedicated to continuing to raise awareness and funds to help protect our precious waterways. Our portion of the Intracoastal Waterway and the Sebastian River are two of the major draws to our area and we need to protect them. We have made great strides as a city but need to stay on top of it. All proceeds raised from the event will be split evenly and donated to the organizations highlighted above. 1 have communicated with the local authorities as well as the Indian River County Sherriffs Department regarding the race route and safety procedures. We will be using the same route as last year as the race moved very smoothly with little effect on overall traffic. We are not asking to close any roadways. I have attached 3 drawings detailing the swim, bike, and run routes for the race. The swim portion of the race will take place on Capt. Hiram's property. The bike portion will begin in Capt. Hiram's west parking lot and head south on Indian River Dr. At the end of the road they will cross US -1 by Kroegel Produce and use the southbound bike lane to Barber St. They will U-turn there and take US -1 all the way to the north end of Indian River Dr. and make the right turn there and head back to Capt. Hiram's. The run portion will also begin from the west Capt. Hiram's parking lot headed south on Indian River Dr., running on the shoulder with the flow of traffic. They will 1606 N. Indian River Drive • Sebastian, Florida 32958 tel: 772/589-4345 The Inn: 772/388-8588 • fax: 772/589-4346 www.hirams.com ® info@hirams.com turn around near the park and head back to Hiram's using the shoulder of the northbound lane. The race will finish in the Hiram's lot east of Indian River Dr. As I stated above, we are not asking for any road closures and have the full support of the local and regional law enforcement. This event will be a great draw and will be a spectacular showcase of the City of Sebastian. Thank you for your time and consideration, Will Collins President and DOGT @ Capt. Hiram's Resort Swim Route: Bike Route: fs' Sebastian Anter Slate Park r. Erling Ln 0014001-14093 N o< than River Or e i t N y o°s 13365-13399 N Au ' ray aoselanE r ndian River Or 9 �. 'Al rreas u,t � AIA 701-999 Main St egs:«gr 955 Indian River Or - - _ _ • ff. 11666 S Indian River Or O 11220 S Indian River Or _ l � lAIAI J y } 7 h 2 min _ IIeIB0;3 Technologlea lnc s pylb Englar Dr 5 \ �U-IIaW t jdghbcrhood Dealer r o' 09566 Barber St RUn Route: i JJ l h 3 min rpo„ Innis Ave V1 '47 1 N ,4611400-114205 J iay,J(C AVE �i Indian River Dr ___.,. _ ➢ _ _ _ 5• / h `a dlelvc¢ S a � _ Flemingsr e � Dr FACILITY USE AGREEMENT between the CITY OF SEBASTIAN and the INDIAN RIVER LAGOON COUNCIL The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this agreement as "Owner", hereby agrees to provide to the INDIAN RIVER LAGOON COUNCIL, a public agency, referred to as "Tenant", office and administrative space at the "Historic Old Sebastian Elementary School," located at the Sebastian City Hall Complex as described below within PREMISES, referred to as "the Premises", being in the County of Indian River, State of Florida. This document contains four (4) pages. The parties agree to be legally bound as follows: L TERM AND OCCUPATION The term of this Agreement shall be for an initial period of five (5) years commencing at 12:00 A.M. on 01 November 2015, and the agreement shall automatically renew on the anniversary date thereof, unless either party gives the other written notice, no less than, ninety (90) days before any such anniversary, of its intent to cancel the agreement. II. PREMISES The premises are located at 1235 Main Street, Sebastian, Florida, in the spaces previously occupied by the City's Finance Department, to the east of the main entrance. The premise includes first floor office space of approximately one thousand (1,000) square feet, more or less. The Owner agrees to placement of the Tenant's name on the existing exterior sign on the front of the property. III. RENT Tenant agrees to pay the Owner as rent for the use and occupancy of the Premises as follows: Year 1: zero rent charge Year 2: $2.00 per sgft/yr Year 3: $2.25 per sqft/yr Year 4&5: $2.50 per sgft/yr It is understood that all rent payments are payable monthly on the I" day of each month during the term of this agreement and any renewal hereof, and are subject to Florida Sales tax. The rent shall increase consistent with Consumer Price Index (CPI) increases from time -to -time. A flat utility charge will be levied monthly to cover the cost of water, sewer, and electricity attributable to the premises. After occupancy, the City's 1 Finance Department will track utility usage over a three (3) month period to determine a fair monthly charge. IV. USE OF PREMISES The premises shall be used by Tenant for office space and conference rooms associated with its mission and directives, including such ancillary use of space as is typically associated therewith and for no other use or uses without the express written consent of Owner. Tenant shall not commit or permit the commission of any acts on the premises, or use or permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (b) constitute the commission of waste on the premises or the commission or maintenance of a nuisance. Tenant will be solely responsible for installing, and maintaining, telephone, television, communications, computer/internet service and other devices necessary to utilize technological tools. Tenant shall be responsible for all fees and charges incurred to service providers associated with these technological tools. V. ASSIGNMENT Tenant may not assign or otherwise transfer rights in this Agreement without the prior express written consent of Owner. VI. SURRENDER OF PREMISES Tenant shall leave the premises in as good condition as they were at the time of occupation by Tenant, reasonable wear and tear excepted. VII. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Owner shall have no responsibility or obligation to make any expenditure toward the repair and/or replacement of the building and other improvements on the Premises. Owner, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and terminate the Agreement. In the event repairs to the Premises are undertaken and it is reasonably anticipated that it shall take more than thirty (30) days to complete the same, either party may elect to terminate the Agreement without further obligation. z VII. ALTERATIONS Tenant shall not make or permit any other person to make alterations to the Premises without the prior written consent of Owner. Any alterations to the Premises by Tenant shall be made at the sole cost and expense of Tenant. Any and all alterations or improvements made to the Premises shall on expiration or sooner termination of this Agreement become the property of Tenant. IX. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by Tenant 30 days after this Agreement's expiration, or sooner tennination, regardless of cause, shall be deemed abandoned by Tenant and shall automatically become the property of Owner as owner of the real property to which they are affixed. X. ACTS CONSTITUTING BREACHES BY TENANT Tenant shall be guilty of a material default and breach of this Agreement should Tenant: (a) default in the performance of or breach any provision, covenant, or condition of this Agreement and such default or breach is not cured within thirty (30) days after written notice thereof is given by Owner to Tenant; or (b) abandon the premises before expiration of the term of this Agreement. XI. REMEDIES FOR DEFAULT Communication between parties is encouraged to resolve all problems. Should either party be guilty of a material default and breach of this Agreement as defined in this Agreement, that party shall have available the remedies given by law or equity, and a non -defaulting party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. The parties waive the right to trial by jury of all issues so triable. XI. WAIVER OF BREACH The waiver by Owner of any breach by Tenant of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant either of the same or another provision of this Agreement. 3 XII. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and hand delivered (or mailed by U.S. mail or certified mail with postage prepaid) to the other party at the address given below: Owner: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager Tenant: Indian River Lagoon Council 1235 Main Street Sebastian, FL 32958 Attn: Executive Director provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. EXECUTED on this 14'' day of October 2015, at Sebastian, Florida. ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the city of Sebastian only: City of Sebastian A Municipal Corporation Joseph F. Griffin City Manager The Indian River Lagoon Council Robert A. Ginsburg Duane De Freese City Attorney Executive Director 4 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT TECHNICAL STAFF REPORT 20 -May -2015 APPLICATION #: 26017-9 Applicant: Harold L Brooks, Jr 6855 1st St SW Vero Beach, FL 32968-9542 Owner: Harold L Brooks, Jr 6855 1st St SW Vero Beach, FL 32968-9542 Consultant: Randy Lee Mosby Randy L. Mosby P.E. LLC. 1575 Indian River Blvd Suite C-210 Vero Beach, FL 32960-7126 Project Name: Sebastian Lakes Commercial Tract 1X Acres Owned: 2.0 Project Acreage: 2.0 County: Indian River STIR: Authority: 62-330.020 (2)(a) Lakes less than 10 acres (4 hectares) which are dominant Existing Land Use: features(5240), Undeveloped Land within urban areas(1910), Vegetated Non - Forested Wetlands(6400) Mitigation Drainage Basin: Special Regulatory Basin: Final O&M Entity: ERP Conservation Easements/Restrictions Interested Parties: Objectors: Central Indian River Lagoon Dr. Harold Brooks No No No Authorization Statement: Construction of a Stormwater Management System with stormwater treatment by Wet Detention for Sebastian Lakes Commercial Tract 1X, a 2.0 -acre project to be constructed as per plans received by the District on May 4, 2015. Recommendation: Approval Reviewers: Gretchen Kelley; Nanette Church Staff Comments Project Applicant and Sufficient Real Property Interest: Under rule 62-330.060, F.A.C., and subsection 4.2.3(d), ERP A.H., Volume I, a permit applicant must certify that it has sufficient real property interest over the land upon which the activities subject to the application will be conducted. The permit applicant is the record title holder of the property where the project is located. Project Location and Brief Description: The applicant proposes to fill an existing lake and wetland and reconfigure a stormwater pond that is designed to serve a future development consisting of 1.4 acres of impervious area. The project site is a commercial outparcel located within the Sebastian Lakes P.U.D. at the intersection of Sebastian Lakes Drive and CR 512 in the City of Sebastian. Permitting History: Sebastian Lakes P.U.D. is a 57 -acre development with a master surface water management system that was originally authorized under District ERP 26017-1 in 1984 The lakes and several condos were built, and the -1 permit was later transferred to the association under the -2 permit. In 1994, the -3 permit authorized the widening of Laconia Street. Runoff from the road drains into the Sebastian Lakes system. The -4 permit was issued in 1997 for the construction of a 4.4 ac commercial complex that also discharges into the Sebastian Lakes system. The -5 permit was issued in 1999 for the construction of the remaining single-family lots within Sebastian Lakes and future development of the commercial tract that is being considered under the current -9 permit. The -5 permit was transferred to a new owner under the -6 permit. The -7 permit sequence is closed. The -8 permit was issued in 2004 for the same site work proposed under this -9 permit. The -8 permit expired, and the -8 permittee sold the property before constructing the project. Financial Assurance Mechanism: N/A Off -Site Mitigation: N/A Engineering Description of Project (Surface Water Management System): The project involves filling an existing lake and wetland and reconfiguring a stormwater pond. The filled site is graded to drain to the modified stormwater pond. The modified pond meets the storage volume requirements provided by the existing pond and is consistent with the design parameters of the master surface water management system for Sebastian Lakes. Although no immediate site development plans have been provided, the master system allows a maximum impervious coverage of 1.4 acres within the commercial outparcel. Prior to construction of impervious surfaces, the permittee or property owner is required to obtain a permit modification from the District to demonstrate compliance with the allowable impervious area and stormwater conveyance to the modified pond. Water Quality: The Sebastian Lakes system discharges to the Sebastian River, which is deemed impaired for nutrients. A nutrient loading analysis was not performed since the project involves modifying a permit that is operational and was not required to evaluate nutrient loading at the time of issuance. The modified system complies with the water quality requirements set forth in 62-330.301(1)(e), F.A.0 and per the design and performance criteria established in the SJRWMD ERP Applicant's Handbook Volume II. Flood Protection: The stormwater system is designed such that the post -development peak discharge rate is less than the pre -development for the mean -annual/ 24-hour and 25 -year/ 24-hour storm events. The project complies with the water quantity requirements set forth in 62- 330.301(1)(a),(b), and (c), F.A.0 and per the design standards for flood protection established in the SJRWMD ERP Applicant's Handbook Volume II. Special Basin Criteria: The project is located within the Indian River Lagoon Hydrologic Basin. There are no special criteria for this basin. Operation and Maintenance: The permittee owns the outparcel and is the final operation and maintenance entity of the outparcel. This meets the requirements of 12.3.1, ERP Applicant's Handbook Volume I. Environmental Site Description: The project area is part of the original area permitted as Sebastian Lakes PUD, Permit No. 4-061-26017-1. The commercial out parcel was cleared but not developed except for two small stormwater ponds. No construction occurred subsequent to the issuance of Permit No. IND -061-26017-8, which originally authorized impacts to an onsite pond and isolated wetland. The 0.56 -acre pond (FLUCS 524) is located on the northeast corner and extends off-site. The pond was historically part of a series of ponds used for fish farming. The upland part of the site is an open grassy area with scattered wax myrtles and Brazilian pepper. Due to the surrounding development, runoff has ponded in a small part of the site and this area developed into a wetland. This wetland area was reevaluated with this application and decreased in size as a result. The 0.22 acre wetland is vegetated with bog buttons, tick seed, rhyncospora, and pennywort. The wetland provides limited fish and wildlife habitat. Impacts: Subsection 10.2.2, ERP A.H. Volume/, states that an applicant must provide reasonable assurances that a regulated activity will not impact the values of wetland and other surface water functions so as to cause adverse impacts to: (a) the abundance and diversity of fish, wildlife and listed species; and (b) the habitat of fish, wildlife and listed species. Since sequence 8, which authorized the impacts to the pond and wetland never commenced construction, the impacts are being reauthorized with this application. The applicant proposes to fill 0.56 acres of surface waters and 0.22 acres of wetlands. Both �— the wetland and fish pond provide minimal wildlife habitat and impacts to such are addressed by rule. Therefore, the proposed project is not expected to cause adverse impacts to the habitat or abundance and diversity of fish, wildlife and listed species. Secondary impacts: Subsection 10.2.7, ERP A.H. Volume 1, contains a four-part criterion that addresses additional impacts that may be caused by a proposed activity: (a)adverse impacts to wetland (and other surface water) functions and water quality violations that may result from the intended or reasonably expected uses of a proposed activity; (b) adverse impacts to the upland nesting habitat of bald eagles and aquatic or wetland dependent listed animal species; (c) impacts to significant historical and archaeological resources that are very closely linked and causally related to any proposed dredging or filling of wetlands or other surface waters; and (d) adverse wetland (and other surface) impacts and water quality violations that may be caused by future phases of the project or by activities that are very closely linked and causally related to the project. (a) The proposed surface water impacts are to a pond less than 1 -acre that was constructed in uplands that does not provide significant habitat for listed species. Pursuant to Section 10.2.2.2, A.H., secondary impacts are not applied to ponds <1 -acre constructed in uplands. Pursuant to Section 10.2.2.1, A.H., secondary impacts are not applied to isolated wetlands less than 1/2 -acre in total size that do not provide significant habitat to listed species. (b) No listed species have been found utilizing the project area for upland nesting sites (c) Comments received from the Division of Historical Resources indicated that there are no archaeological or historical resources on-site. (d) This is the last remaining undeveloped parcel and therefore there are no future phases or activities that are closely linked and causally related to the project that will result in wetland impacts. EliminationlReduction of Impacts: Pursuant to subsection 10.2.1.1, ERP A.H. Volume 1, the applicant must implement practicable design modifications to reduce or eliminate adverse impacts to wetlands and other surface waters. A proposed modification that is not technically capable of being completed, is not economically viable, or that adversely affects public safety through endangerment of lives or property is not considered "practicable". Alternatively, an applicant may meet this criterion by demonstrating compliance with section 10.2.1.2.a. or 10.2.1.2.b. The proposed impacts are to a <1 -acre pond constructed in uplands and a wetland <1/2 - acre in size that does not appear to provide significant habitat to listed species or other fish and wildlife. Therefore, elimination and reduction of wetland and other surface water impacts was not required. Mitigation: No mitigation is required for the surface water impacts pursuant to section 10.2.2.2, A.H. since, the pond is upland -cut and does not appear to provide significant habitat to listed species. In addition, no mitigation is required for the loss of the wetland pursuant to Section 10.2.2.1 of the Applicant's Handbook, as the wetland is isolated, less than one half acre in size, and is not believed to provide habitat for any endangered or threatened species. Cumulative Impacts: Subsection 10.2.8, ERP A.H. Volume I, requires applicants to provide reasonable assurances that their projects will not cause unacceptable cumulative impacts upon wetlands and other surface waters within the same drainage basin as the project for which a permit is sought. This analysis considers past, present, and likely future similar impacts and assumes that reasonably expected future applications with like impacts will be sought, thus necessitating equitable distribution of acceptable impacts among future applications. Under section 10.2.8, when an applicant proposes mitigation that offsets a project's adverse impacts within the same basin as the impacts, the project does not cause unacceptable cumulative impacts. This project is not expected to adversely impact fish or wildlife habitat, therefore, no mitigation was required. Wetland Summary Table Sebastian Lakes Commercial Tract 1X Commercial Acres Total Surface Water, Upland RHPZ and Wetlands in Project Wetlands (previously inventoried) 0.220 OSW (previously inventoried) 0.560 Upland RHPZ 0.000 Total 0.780 Impacts that Require Mitigation Total 0.000 Impacts that Require No Mitigation Dredged or Filled 0.220 Dredged or Filled 0.560 Total 0.780 Mitigation On -Site Total 0.000 Off -Site Total 0.000 Other Special Basin Criteria: N/A Conclusion: The applicant has provided reasonable assurance that the proposed project meets the conditions for issuance of permits specified in rules 62-330.301 and 62-330.302, F.A.C. Conditions 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[10-1-13], incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), indicating the expected start and completion dates. A copy of this form may be obtained from the District, as described in subsection 62-330.010(5), F.A.C. If available, an District website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit' [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the District in writing of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the District in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the District will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 19. Prior to construction, the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 20. All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 21. At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. 22. The construction phase of this permit expires five years from the date of issuance. 23. The project shall be constructed and operated in accordance with the plans received by the District on May 4, 2015. 24. Prior to construction of impervious surfaces, the permittee or property owner is required to obtain a permit modification from the District to demonstrate compliance with the allowable impervious area and stormwater conveyance to the modified pond. 25. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name and contact information of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, then within 30 days the entity shall submit a report electronically or in writing to the District using Form 62-330.311(1), "Operation and Maintenance Inspection Certification," describing the remedial actions taken to resolve the failure or deviation. TO: Dorri Bosworth, Zoning Technician Planning & Zoning City of Sebastian 1225 Main Street Sebastian, FL 32958 FROM: David L. Cox, Ph.D., C.S.E. David Cox Consulting, LLC 204414'h Avenue, Ste. 24 Vero Beach, FL 32960 DATE: June 22, 2015 RE: Sebastian Lakes Commercial Tract 1X (Parcel ID 31-38-14-0004-0000-0000019) Environmental Considerations Pursuant to LDC 54-4-19.11(d) I conducted an informal wetland delineation on the Sebastian Lakes Commercial Tract 1X (Dr. Harold Brooks, property owner) that was field -verified and accepted by St. Johns River Water Management District (Ms. Nanette Church) on April 9, 2015 (see attached survey depicting wetland area). Mitigation for potential Impacts to this isolated wetland is being handled by the project engineer, Randy L. Mosby, P.E. My fieldwork was performed during April, 2015. No species of special concern, endangered or threatened flora or fauna, or significant wildlife habitat were observed on this site during my wetland survey. s a I, I HDR9 e, aU$M£R£ RVO (GR. 512) ae r ♦ r A6 �cm_s mer WRY y _77— i, I ©�\ 0 e®ass �ctiexm° "� C£ SII�RVE1'42 �0 xE6WPMTCN A ' 4 e'u�° aii��ra�t�nmrFnm mr °mmµ v.e ' M. °e-1 nbnmm�m9 mxwu ssmnayrn m.wvwmmem vxwr. �cxxo MsTMsas M OIL >o..__.. awwcecuE