HomeMy WebLinkAbout11-19-2020 PZ Minutes w/AttachementsA
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CITY OF SEBASTIAN E O m
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINEffma 8 v Q
NOVEMBER 19, 2020
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I. Call to Order - Vice -Chairman Roth called the meeting to order
at 6:00 IUnTo
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II. Pledae of Alleaiance was recited by all.
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III. Roll Call
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Present: Mr.
Roth Mr. Chrstino (a)
(I) p a as C
Mr.
Simmons Mr. Hughan
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Ms.
Kautenburg (a) Mr. Alvarez
Mr.
Carter
Also Present: Ms.
Lisa Frazier, Community Development Director
(Zoom)
Ms.
Dom Bosworth, Planning Manager
Mr.
Manny Anon, Jr., City Attorney
Mr.
Ken Griffin, City Engineer (Zoom)
Ms.
Mara Schiff, Indian River County School Board Liaison
(Zoom)
Ms.
Barbara Brooke -Reese, MIS Manager
Ms.
Janet Graham, Technical Writer (Zoom)
Not present: Mr.
Reyes (Excused)
Mr.
Qizilbash (Excused)
IV. Announcements and/or Aaenda Modifications
Vice -Chairman Roth announced that both Mr. Qizilbash and Mr. Reyes have been
excused from this meeting, so Ms. Kautenburg and Mr. Christino will be voting in their
places. Dr. Mara Schiff is present this evening via Zoom. Mr. Roth also asked that
members of the public who wish to speak please keep their comments within a five-minute
time limit.
V. Aooroval of Minutes: Regular meeting of October 15, 2020
Mr. Roth asked if any of the Commissioners have any comments/corrections to those
Minutes. Hearing none, Mr. Roth had one comment. He called attention to the last page
where there is the reference to the Motion about forwarding to City Council the
Comprehensive Plan. He asked Ms. Bosworth if she could review the points that were
approved by this Commission to forward on to Council, the last group of five items. In the
Minutes they are referenced as code numbers, which refers to the points that they
confirmed. Ms. Bosworth said there was a separate sheet from the Natural Resources
Board meeting. There were a few that this Commission did not want to include in, and
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2
MINUTES OF NOVEMBER 19, 2020
those references are referring to that sheet and those recommendations from the Natural
Resources Board. Ms. Bosworth stated she will get the sheet where those items were
listed and attach it as a reference as an amendment to those Minutes. Hearing no other
comments from the Commissioners, Mr. Roth called for a Motion to accept the Minutes.
A motion to accept the Minutes of the October 15, 2020 meeting was made by Mr. Carter,
seconded by Mr. Simmons, and passed unanimously via voice vote.
VI. Quasi -Judicial and Public Hearincs
A. Public Hearing -- Recommendation to City Council — PUD Subdivision
Preliminary Development Plan/Plat — Spirit of Sebastian, Pods 1 & 2
— 77.99 Acres, 208 Single Family Lots — 2.67 Units per Acre -- Old Dixie
Highway, Del Monte Road — LDR Future Land Use (Low Density
Residential), 5 units per Acre) — PUD-R Zoning District (Planned Unit
Development -- Residential)
Mr. Anon, City Attorney, read the item into the record.
Mr. Roth asked for the staffs report and recommendations on this project.
Ms. Bosworth reviewed the history of this plan. She reviewed and described what this
Commission is to do at this meeting, which is to make a recommendation to City Council
on whether it is determined that this preliminary plan is in compliance with the Conceptual
Plan that was previously approved. Part of this Commission's decision is to consider
whether the traffic safety, the public health and welfare of this subdivision meets the City's
Comprehensive Plan and Land Development Code (LDC) intents. This is the fourth
revision of the plan. Staff reviewed according to the LDC regulations and the Conceptual
Plan, and feels that the plan meets all of the requirements of the LDC, Subdivision and
PUD sections. If City Council approves the preliminary plan, the next step for this part of
the project, which is Pods 1 and 2, will be to develop the roads, utilities, and infrastructure.
The Project Engineer will put together detailed plans and the construction drawing plans,
which will be reviewed and approved by the City Engineer and his staff. The applicant
will get all of his jurisdictional permits in line and then apply for a land -clearing permit. At
that time, staff will ensure that all the permits and approvals are in hand. The next step
will be working with a surveyor and putting together the final plan, which is the recorded
document at the Court House that also establishes all the dedications for easements, etc.
That plan will go before City Council for acceptance of the dedications and signatures.
The final plan will not come back to this Commission. She then reviewed the Staff Report
(SEE ATTACHED) and entered the Staff Report and other documents that were attached
to that into the record. Included were the Request letters for the adjustments that the
developer requested, an updated Public Facility
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3
MINUTES OF NOVEMBER 19, 2020
Statement, the Traffic Analysis Summary, the Environmental Report, and the SCADL.
She again reminded the Commissioners that all this information is just for Pods 1 and 2.
She stated that Pod 2 is the first one on the construction schedule and explained the
reasoning for that. Also reviewed were the revenues that will be generated by these
pods. Ms. Bosworth reviewed in depth the Staff Comments attached to the Report as
well as the Conditions for Approval, which she recommended should be attached to the
recommendation for approval. Staff is recommending approval of this development plan.
Staff feels that it does meet the Conceptual Plan, it meets the Comprehensive Plan and
the requirements in the City's Land Development Code. Staff is also requesting approval
of the two adjustments that are requested. Mr. Roth then called for the developer to
make his presentation.
Chuck Mechling reviewed his history of development projects within the City of Sebastian.
He made a PowerPoint presentation which contained drawings and photos of the
amenities and layout of the proposed development. (SEE ATTACHED). He pointed out
that his firm is a local business. He introduced the members of his team who were in the
audience. He emphasized that this will be the first community in Sebastian where there
will be natural gas, and there will be no septic tanks. He stated that his firm is committed
to working with residents along Del Monte Street about their concerns. At this point, Mr.
Roth opened the meeting for public comment and asked anyone who wished to speak in
favor of the project to present their comments.
Michelle Morris, Sebastian, thinks the design of this development is excellent, and it will
be a positive addition to Sebastian.
Linda Kinchen, Sebastian, spoke to Mr. Mechling's character as being very positive.
She requested that the Commission recommend approval to City Council of this
development.
Bill Flynn, Sebastian, suggested that the City use this as the gold standard for future
development in Sebastian. He opined that this is an ideal area for growth in Sebastian.
He also attested to Mr. Mechling's character. He recommended approval.
Connie DiGregorio, Sebastian, asked what will happen behind South Moon Under. Ms.
Bosworth stated there is a 15- to 20-foot landscape tract before there is any private
property. The lots that will be along South Moon Under will be the larger lots in that pod.
Andrea Coy, Sebastian (via Zoom), reiterated some of what the first three speakers
covered. She can find no negatives to this development. She recommends approval.
Seeing and hearing no one else who wished to speak in favor of the project, Mr. Roth
called on anyone who wished to speak against the project.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4
MINUTES OF NOVEMBER 19, 2020
Maria Bowdren, Sebastian, is representing her mother, Elena Bowdren, 154 Del Monte
Road, who is in favor of the project. However, her Mother is against the extensive
landscaping along Del Monte. She has a hard time right now backing out of her driveway
onto Del Monte and opined that the proposed landscaping will be a hindrance to visibility.
Her mother does not want to depend on a homeowners' association to maintain that
landscaping. Her mother is in favor of the other improvements to be made along Del
Monte. She is also concerned about the increase in traffic because of the County not
allowing Old Dixie Highway to be used as access to and from the community. She also
wants some assurance that Del Monte is not going to be a construction access. She also
inquired about what happens to wildlife that inhabit the area that is being developed.
Sue Peterson, Sebastian, is not in opposition to the project itself. She is in opposition
to the landscaping plan. She also asked if there would be gates that would keep
pedestrian traffic out of the community. Mr. Mechling stated that there will be access for
pedestrians.
Janice Martin, Sebastian, is concerned about Old Dixie Highway and its access to the
community as well as construction traffic on Old Dixie Highway. She is also concerned
about how much it is going to cost to relocate the tortoises. She asked how far south of
Old Dixie Highway is the development going to end. Mr. Mechling stated the gopher
tortoises are the developer's responsibility and will be handled in the appropriate fashion.
Tom Hofack, Sebastian, asked where the main utilities are going to come from to supply
this community. Mr. Mechling stated that the water and sewer lines on Old Dixie are in
place and available.
Maureen Murphy, Sebastian, is concerned about the increase in traffic on Del Monte
Road when this community is developed.
Seeing no one else in Chambers and hearing no one on Zoom, Mr. Roth closed public
input. He then opened the meeting for Commissioners' comments/questions for the
developer.
Ms. Kautenburg: (1) Is pleased that the developer is local and attested to his reputation
and track record in Sebastian. (2) She addressed the subject of affordable housing for
the people who work in the City and asked that this be kept in mind for the future. She
asked for an estimated completion date for these two pods. Mr. Mechling approximated
that it will be a four- to five-year project. He stated he may be back here in the future with
a different tract of land regarding affordable housing. He stated how diligent the staff has
been when working with his firm on this project.
Mr. Roth: (1) Inquired regarding the decorative lighting; he asked who pays for the
decorative lighting. Ms. Bosworth stated that the decorative light poles along Spirit
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5
MINUTES OF NOVEMBER 19, 2020
Boulevard would be the responsibility of the HOA. Mr. Mechling also described the type
of lighting it will be, which has been very successful in other developments. (2)
Addressed the subject of sidewalks and whether this will be a gated community. Mr.
Mechling said it will be a gated community with access for pedestrian traffic for the most
part. He also assured the residents on Del Monte that he will work with them and with
the City staff to relieve their concerns. Ms. Bosworth stated that staff is disappointed that
Old Dixie is not going to be a full access for pods 1 and 2. She pointed out that the
residents can contact county commissioners to let them know how concerned they are
because of the closing of this, and there will be additional traffic on Del Monte until such
time as the Bailey Drive access will be open. Regarding the traffic that is on Wimbrow,
she does not know if a four-way stop can be created. However, that is a possibility. Mr.
Mechling described the work that his firm has already done to explore the improvements
to Old Dixie. (3) Mr. Roth asked why the County did not want to proceed with doing the
upgrade to Old Dixie Highway. Mr. Mechling stated that there were collective meetings
on this issue. He estimated that with time this will all come together. (4) Regarding the
RV storage area, he inquired if that is going to be adjacent to what is now called the
emergency exit as plans go forward and Old Dixie is improved. He asked if that plan
would change and allow that exittentrance on Old Dixie to be opened up to be a general
resident entrancelexit. Mr. Mechling stated it would. He also mentioned that the boat
and RV storage has a separate ingress/egress agreement with the County that the boat
and RV storage traffic will go directly out onto Old Dixie. Ms. Bosworth explained that the
recreation tract and this community tract will have separate site plans that will come
before the Commission. (5) On the bridge in the community, he asked if the waterways
are going to be connected by a culvert or something underneath the bridge. Mr. Mechling
stated yes, there will be culvert pipe that will go in that will allow the flow of water. (6)
Regarding the subject of autos going astray, will there be some type of barrier along there
to prevent autos going astray and ending up in the lake. Mr. Mechling stated there will
be railing along that whole area. (7) Regarding wetlands, he asked if care would be
taken so that there is no future settling in those areas. Mr. Mechling said that the soil is
built on the old sand ridge of the ocean. It drains quickly after a storm. The only wetlands
that are in the project are in the southwest tip, and Spirit Boulevard was designed to skirt
alongside of those wetlands so that they are totally protected.
Mr. Christino: (1) Said it looks like there will be one pump station. Mr. Mechling said
there will be one lift station for the first section of 208 lots. (2) Has issues with the traffic
also and had some questions for Kimley-Hom in this regard. (3) Is pleased with the
proposed boat storage. (4) Mentioned that there will soon be many more trains coming
through this area and asked if that was taken into account in predicting the delays at CR-
512 and at Schumann. Brian Goode from Kimley-Horn state a wa , d biplained
the traffic flow north and south on Old Dixie. Ms. Bosworth explained that this subject is
addressed in staffs Condition No. 1 that is attached to their report, which will require a
third entrance onto Bailey Drive to be constructed by Pod 3. (5) Regarding the buffer
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6
MINUTES OF NOVEMBER 19, 2020
that will go in will rival anything that is in the barrier island in Vero Beach. (6) There
appears to be a scrivener's error on where it talks about connecting to a 6-inch force main
and connecting to an existing 12-inch water main. He is asking if those numbers are
reversed. Mr. Mechling agrees and said he will look into that.
Mr. Alvarez: (1) Is pleased that the County has addressed, at least temporarily, an
emergency entrance.
Mr. Simmons: (1) Regarding the recommended adjustments by City staff regarding
temporary ingress and egress, he is asking for a timeframe as to how that temporary
situation ties in with the construction of Pod 3. Mr. Mechling stated the construction
entrance and hopefully more will always be maintained on Old Dixie. So then when Pod
3 is begun, there will be a road built that goes through the community and exits on Bally.
So that would be in a future phase. (2) Inquired if the HOA is going to be controlled by
the developer until Pod 5 is finished. Mr. Mechling stated the rule is that when a
community is 90% built out, the transition is done to the HOA.
It was the consensus among the Commissioners that the presentations of both staff and
the developer were very well outlined, and the project will be a positive addition to the
City. Hearing no further discussion by Commissioners, Mr. Roth called on staff for any
further discussion.
Ms. Bosworth reiterated what the staffs recommendations are. She read into the record
what should be included in the motion: In consideration of the comments and reviews
by the staff, technical advisor committee, and other jurisdictional agencies, the
Community Development staff recommends approval of the Spirit of Sebastian
preliminary development plan/plat subject to the following conditions attached in
Attachment A, with the following revisions as discussed earlier:
• Revision to Condition No. 10 to state "...to require submittal of a sidewalk
bond for the exact amount of unfinished lots that do not have building
permits applied for before the subsequent phases final plat can be
approved."
• An amendment to Condition No. 9 to state that "in lieu of a bond needed for
the second asphalt layer of streets usually laid after construction of the
homes is finished, construction plans must indicate both layers of asphalt
will be applied concurrently and according to application standards.
• An amendment to Condition 12 that states that 'The HOA documents will
also illustrate definitively where fences can be placed with regard to
landscape easements."
She further stated that the attachment that is in the staff packet will actually be inserted
into the resolution that will go before City Council. If the Commission recommends these
changes with the other 13 conditions, that amendment will be made and inserted into the
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7
MINUTES OF NOVEMBER 19, 2020
resolution. Staff also recommends approval of the two requested adjustments
stated on Page 11 of the Staff Report for the temporary allowance of one main
public ingress/egress and one emergency exit, and for the length of the cul-de-sac
on Archie Smith Lane.
Mr. Roth called for a motion on this matter. A motion to approve recommendation to City
Council of PUD Subdivision Preliminary Development Plan/Plat -- Spirit of Sebastian,
Pods 1 and 2 — 77.99 acres, 208 single-family lots — 2.67 units per acre — Old Dixie
Highway, Del Monte Road -- LDR Future Land Use (low -density residential, 5 units per
acre) — PUD-R Zoning District (Planned Unit Development — Residential) with the 13
conditions for approval and attached as Exhibit A, with the amendments as noted to
conditions 9, 10, 12 was made by Mr. Alvarez and seconded by Mr. Christino.
Roll Call
Mr. Hughan — Yes Mr. Christino (a) — Yes
Ms. Kautenburg (a) — Yes Mr. Alvarez — Yes
Mr. Roth — Yes Mr. Carter — Yes
Mr. Simmons -- Yes
Vote was 7-0 in favor. Motion passes.
Mr. Roth recognized all the public who commented and the attendance of the supporting
team of the developer tonight.
B. Public Hearing — Recommendation to City Council — Ordinance 0-20-
03, Establishing Starting Points for Building Height Measurement --
Amending Land Development Code Section 54-2-5.10(2), Size and
Dimension Criteria — (No Proposed Amendments to Maximum Building
Heights)
Mr. Anon read the item into the record. Mr. Roth called for staffs presentation.
Ms. Bosworth explained that this has come about because there have been some
difficulties with some of the properties that are in the City's flood zones based on what is
currently in the Code on how building heights are measured and where that starting point
is. She reviewed the memo that was attached to this evening's agenda packet. Staff
recommends approval, and staff would like to take this to City Council for the first reading
of the ordinance at the December 9th meeting with this Commission's recommendation.
There being no discussion/comments by the Commissioners, Mr. Roth called on anyone
from the public, either in Chambers or via Zoom, who wished to speak on this matter.
There was no one. Mr. Roth called for a motion.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8
MINUTES OF NOVEMBER 19, 2020
A motion recommending to City Council to approve Ordinance 0-20-03, establishing
starting points for building height measurement, amending Land Development Code
Section 54-2-5.10(2), size and dimension criteria, was made by Mr. Simmons and
seconded by Mr. Carter.
Roll Call
Mr. Roth — Yes Mr. Hughan — Yes
Mr. Alvarez — Yes Mr. Carter — Yes
Mr. Christino (a) — Yes Ms. Kautenburg (a) -- Yes
Mr. Simmons — Yes
Vote was 7-0 in favor. Motion passes.
VII. Unfinished Business — None
Vlll. Public Input — None
IX. New Business — None
X. Commissioner Matters
Mr. Christino complimented both staffs and Mr. Mechling's preparation and presentation
of this project. He asked if the agenda packets could be gotten to the Commissioners a
little earlier when there is so much detail to review. Mr. Carter also commented on how
many of the developer's team was present for this meeting.
XI. Citv Attomev Matters
Mr. Anon stated that he has been gone for several months due to a health issue with
COVID-19. He was critical fora while but came out of it and feels 100% now. He thanks
everyone for their support and allowing him to appear via Zoom.
XII. Staff Matters
Ms. Bosworth stated that staff is proceeding with the Comprehensive Plan. Tentatively,
the transmittal hearing will be December 91h, but on December 2nd there will be a public
engagement workshop from 11:00 a.m. to 1:00 p.m. and from 5:00 p.m. to 7:00 p.m.
Tables will be set up for each of the elements. Everyone is welcome. There is information
on the website regarding this matter.
XIII. Adjourn
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9
MINUTES OF NOVEMBER 19, 2020
There being no further business, Acting Chairman Roth adjourned the meeting at 8:06
p.m.
jg
SEQAmra
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET . SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 . FAX (772) 388.8248
www.cityolsebas8an.org
MEMORANDUM
TO: Local Planning Agency (Planning and Zoning Commission)
RE: Proposed Land Development Code Amendment to Article V — Zoning District
Regulations; specifically Section 54-2-5.10 Size and dimension criteria
DATE: November13,2020
Currently, the Land Development Code establishes building height as measured from the Finish
Floor Elevation (FFE) to the highest point of the building, i.e. roof ridgeline, excluding permitted
architectural embellishments, antennas, and rooftop mechanical equipment, etc. Buildings located in
the Special Flood Hazard Areas are measured from the base flood elevation (BFE) also to roof
ridgeline.
In 2017, the 6th edition of the Florida Building Code (FBC) was adopted by the State, which,
amongst other updates and revisions, and in consideration of FEMA requirements, added additional
regulations regarding minimum FFE's for buildings located within Special Flood Hazard Areas.
Finished Floor Elevations are required to be raised an additional 12 inches from an established BFE.
Also, the bottom of support beams of structures within Flood Hazard V Zones must be above the
established BFE.
We have recently been approached by contractors who are having difficulties in applying the FBC
requirements for properties in the SFHA — mostly along the riverfinnt - while trying to coordinate
building height as the LDC defines it, and still design a home with desired wall sizes and roof
pitches. Staff researched other coastal municipalities and their building height measurement
regulations and found that many had updated their codes to include Consideration of the current
FBC requirements. (See attached).
We would like to highlight that the proposed Ordinance does not change the maximum
building height allowed in any zoning district, and will not affect any of the residential areas.
A first reading of the Ordinance has. been tentatively scheduled for City Council on December 9' ,
2020.
Dom Bosworth, Manager/Planner
Community Development Department
ORDINANCE NO.O-20-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-2-5.10(2), SIZE AND DIMENSION
CRITERIA, REGARDING ESTABLISHING STARTING POINTS FOR
BUILDING HEIGHT MEASUREMENT; PROVIDING FOR SEVERABHdTY
AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council finds it is in the public interest to modify and update certain sections of the
code;and
WHEREAS, the City wishes to coordinate building height regulations with the requirements of the Florida
Building Code regarding properties located in a Special Flood Hazard Area; and
WHEREAS, the Local Planning Agency held a public hearing on November 19, 2020, and made a
recommendation to City Council to Ordinance 0-20-03.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as
follows:
ARTICLE V. ZONING DISTRICT REGULATIONS
See. 54-2-5.10. — Size and dimension criteria.
(2) Height regulations and exceptions thereto.
I
dislaRee ffeRl the HquiFed base fle8d elevat an to the highest point Bf the building Rai iHeluding ihose
The tern "building height" as used in the land development regulations shall mean the vertical distance
from the highest elevation of either:
1) The minimum Finished Floor Elevation as required in the Code of Ordinances Section 26-1 ; or
2) The avemee constmetion grade of a site where fill is required by another governmental agency: or
3) The base flood elevation plus one fool as required by the Florida Building Code: or
4) The base flood elevation plus 18 inches if located within_ a_ Coastal High Hazard Area (V Zone).
measured to the hiehesl Point of the building. not including those structures specifically permitted to the
extend beyond the height of the building.
Chimneys and radio and television antennas may exceed height limitations upon the prior approval of the
Planning said ^---- "- Management Di- -- Community Development Department staff and the City
Engineer based on the compliance with all other applicable technical codes. Steeples, silos, windmills,
ventilators, water tanks, cupolas and other appurtenances usually required to be placed above the roof level
and not intended for human occupancy or use may exceed height limitations for the respective zoning
district by no more than twenty (20) percent upon the prior approval of the P-laaning—aad—Zening
C�mmissiea city staff. All apparatus exceeding height limitations by more than twenty (20) percent for the
applicable zoning district height restrictions shall require variance approval by the Board of Adjustment. In
no event, however, shall any permitted heights be in conflict with the height regulations established by
flight angles of state -approved airports in the city. All permitted heights shall comply with all requirements
of the Federal Aviation Authority and the Federal Communications Commission.
Section 2. Severabflity. In the event a court of competent jurisdiction shall determine that any part of
this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing
said remainder to remain in full force and effect.
Section 3. Repeal of Laws in Conflict. All ordinances or pans of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land
Development Code and may be renumbered or re -lettered to accomplish such, and the word `ordinance" may be
changed to "section," "division," or any other appropriate word.
Section S. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the
City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the
City Clerk.
Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by
the City Council.
The foregoing Ordinance was moved for adoption by Councilmember . The motion
was seconded by Councilmember and, upon being put to a vote, the vote was as follows:
Councilmember Ed Dodd
Councilmember Jim Hill
Councilmember Fred Jones
Councilmember Bob McPanlan
Councilmember Christopher Nunn
The Mayor thereupon declared
this Ordinance duly
passed
and adopted this
_ day of
.2021.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Mayor,
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
3
BUILDINGS AND BUILDING REGULATIONS § 26-2
ARTICLE 1. IN GENERAL
Sec. 26-1. Floor elevations.
(a) The minimum floor elevation of residential, duplex, multiple -family residences, motels,
or hotels constructed in the city shall be no less than 18 inches above the crown of the abutting
improved street, and no less than six feet above mean sea level, whichever is the higher
elevation. Specific standards for properties located in a flood zone shall be in accordance with
chapter 46 floods.
(b) The minimum floor elevation of commercial and industrial structures, private or public
garages, cabanas, utility rooms, storage rooms and similar structures constructed in the city
shall be no less than six inches above the crown of the abutting improved street. The elevations
of floors where alley right-of-way exists shall not be less than six inches above alley paving.
The floor elevation cited under subsection (a) of this section shall comply with the elevations
specified in this subsection and shall be no less than six feet above mean sea level, whichever
is the higher elevation. Specific standards for properties located in a flood zone shall be in
accordance with chapter 46 floods.
(c) The federal flood insurance rate maps, as amended, for the city are hereby incorporated
into this Code by specific reference, a copy of which shall be available for inspection by the
public in the office of community development.
(Ord. No. 0-12-08, § 1, 8-22-12)
BUILDING HEIGHT MEASUREMENT REGULATIONS - EXAMPLES:
City of Vero Beach:
Sec. 60.15. - Building height measurements.
(a) Rules applicable to measurement of building heights. Except where specifically modified by other provisions of
this title, the regulations of this section shall govern the measurement of building heights.
(b) Starting point for height measurements. The starting point for measurement of any building height shall be
whichever is the highest elevation of the following:
(1) The existing weighted average grade elevation of the property;
(2) The base flood elevation;
(3) The base flood elevation plus 18 inches, if located within a coastal high hazard area (V Zone);
(4) The required Florida Department of Environmental Protection (FDEP) elevation plus 18 inches, if
located seaward of the Coastal Construction Control Line; or,
(5) 18 inches above the crown of the nearest adjoining improved road.
Cifv of Delray Beach
(2) The base building elevation, specifically for the measurement of building height, is defined as the highest point
for the following site conditions: (Ord. No. 02-19,_F,2, 4-16-19)
(a) For sites not located within a FEMA designated special flood hazard area (SFHA), the base building elevation
shall be a minimum of 18 inches (or less with approval by the City Engineer) and a maximum of 30 inches (which
allows for 12 inches of freeboard) above the mean elevation of the crown of the street along the lot frontage or the
average of the mean elevation of the crowns of the streets for lots with multiple lot frontages. (Ord. No. 02-19J 2,
4-16-19)
Base Building Elevation:
Not within a Special Flood Hazard Area (SFHA)
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(b) For sites located within a FEMA designated SFHA, as amended, the base building elevation is established as
the higher of the following: (Ord. No. 15-18 ,_§ -2, 6-19-18; Ord. No. 02-19J 2, 4-16-19)
(I) The minimum required base flood elevation, as required by FEMA and the Florida Building Code (FBC), as
amended, and allowing up to 12 inches for freeboard; or, (Ord. No. 1515 18 ,-§2. 6-19-18; Ord, No. 02-19J 2, 4-16-
19)
Base Building Elevation:
Within a Special Flood Hazard Area (SFHA)
n
Max Heigh\' L
2
a
s
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sourwrs
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The average crest of the dune located within the property limits, measured from north to south on the subject site.
Any portion of the structure between the minimum required base flood elevation and the point of the average crest
of the dune shall not be Included In the height measure of the buildings on the subject site. (Ord. No. 1515 18 ,g 2,
6-19-18; Ord. No. 02-19,_j2, 4-16-19)