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HomeMy WebLinkAbout07101996 City of Sebastian 1225 MAiN STREET = SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 cl FAX (407) 589-5570 I I I I I I I i I I I I AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 10, 1996 7:00 P.M. OR SOON TItEREAFTER CITY COUNCiL CltAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED iN THE OFFICE OF THE CITY CLERK - 1225 ~tJN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION ROLL CALL M O · DO RDL Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) p M A / & N ~ N 96.145 PGS 1-16 PGS 17-22 AI-, D[ B I N Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39,1.. ° Mayor Opens Hearing-Outlines Rules ° City Attorney reads Ordinance or Resolution (ifApplicable) ° Clerk Administers Oath ° Disclosure of Ex-Parte Communication ° Staff Presentation ° Applicant Presentation - 15 Minutes ° [nquiry of Applicant Proponents' Testimony. 3 Minutes or ]0 Minutes if Representing 5 or More ° .[nquiry of Proponents ° Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More ° Inquiry of Opponents ° £nforrnational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More ° Closing ofPublic -~nformational Period ° Staff Response and Summary - 10 Minutes · Applicant's Rebuttal Presentation _ ! 0 Minutes ° Board and StaffInquiry A. ORDINANCE NO. O-96-13 - Hyatt Rezoning - CL to IN (Commun/ty Development Transmittal 7/2/96, 0-96-13, Application for Rezoning, Area Map, Staff Report, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN,/N'DIAN RIVER COUNTY, FLORI~DA, REZONING CERTAIN PROPERTY DESCRIBED AS THAT PART OF THE NE 1/4 OF TIlE SE 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING WEST OF TI-YE WEST RiGHT-OF-WAY OF THE FLORIDA EAST COAST RAILROAD, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: ~ NORTH 6.5 ACRES OF TH~ NE 1/4 OF TIq]E SE 1/4 AND TH]E SOUTH 150 FEET THEREOF, COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM CL (COMMERCIAL L/M/TED) TO IN (INDUSTRIAL), PROVIDING FOR REPEAL OF ORDI2qANCES OR PARTS OF ORDINANCES IN CONFLICT-HEaREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 6/26/96, Advertised 6/29/96, PH 7/10/96) CONSENT AGEND,~a All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes. 6/19/96 Special Meeting I I I I I I I I i i I I i I I I I ?GS 23-27 I96.148 PGS 28-30 I 96.149 PGS 31-34 I I 11. I12. i96.150 PGS 35-44 I I I I96.151 PGS 45-74 B. Approval of~Minutes - 4/10/96 Board of Adjustment Meeting Move to approve the purchase of the two computers in the amount of $4,346 from Gateway on the Florida State University Computer contract and waive the bidding procedure (Finance Department Transmittal 7/2/96, Gateway 2000 Quotes) Direct the Tree Advisory Board to proceed with the proposed Work Plan for FY 96/97 (Community Development Transmittal 7/2/96, Section 20A- 14.16 of the LDC, Proposed Work Plan for FY 96/97) P~RESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS BUSINESS A. ORDINANCE NO. O-96-14- First Reading - Set Public Hearing on 7/24/96 for 0-96-14 - Standard Codes (Community Development Transmittal 6/19/96, 0-96-14) AN ORDINANCE OF TI-IE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING AND AMENDING CERTAIN STANDARD CODES RELATING TO INSPECTION ACTIVITIES OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AND ENFORCEMENT OF BUILDING PROVISIONS AS PROVIDED IN SAID CODES, AMENDING THE CODE OF ORDINPuN'CES, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVEKABELITY AND PROVIDING FOR AN EFFECTIVE DATE. B. pd~SOLUTION NO. R-96-50 - Adopt Resolution R-96-50 authorizing the Mayor to execute the Conceptual Approval Agreement and sign the Confidentiality Agreement. (City Manager Transmittal 7/1/96, Roland DeBlois Letter, Conceptual Approval Agreement, Confidentiality Agreement, K-96-50, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING TI-IE ~M.A. YOK TO SIGN AND ~ CITY ATTORNEY TO ACCEPT AS TO FORM AND LEGAL SUFFICIENCY, ON BEHALF OF TI-IE CITY, AN AGREEMENT AMONG, FLORIDA COMMUNITIES TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT BEING A CONCEPTUAL APPROVAL AGREEMENT AND A CONFII)ENTIALITY I 96.152 PGS 75-77 AGREEMENT ON REAL PROPERTY KaNOWN AS "AGC iNDUSTRIAL TRACT SCRUB" PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT H]EREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R,96-5~. - Authorize mayor to sign and City Clerk to attest, the Master Professional Services Agreement with CRA Engineering, inc. (Master Agreement with CRA included under separate cover, Resolution R-96-52) A RESOLUTION OF TH2E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST ON BEHALF OF TIlE CITY, A MASTER PROFESSIONAL SERVICES AGREEMENT BETWEEN CRA ENGINEERING, 1NC. AND THE CITY OF SEBASTIAN, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT H2EREWlTH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 15. 16. 17. 13. 14. I/~TRO1DUCTiON OF NEW. BUSINESS FROM TFIE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS A. Mayor Louise Cartwright B. Vice Mayor Walter Barnes C. Mrs. Norma Damp D. Mr. Raymond Halloran E. Mr. Richard Taracka CITY ATTORNEY MATTERS ~ MANAGER MATTER~ 4 I ' I I I I I I I i I I I I I I I I I I ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERff~ A T THIS MEETING (OR HEARING) WiLL 3FEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A ?~ERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.010.5 F.S.) IN COMPLIANCE WiTH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOM?ffODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATORAT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 SUBJECT: SECOND READING AND PUBLIC ) Agenda Number: ¢~-',/~'"~ HEARING REGARDING ORDINANCE 0-96-13) REZONING HYATT PROPERTY FROM CL TO ) Dept. Origin: Community Development IN ~ ( ) Date Submitted: 7/02/96 Approved For Submittal By: City Manager ~~ ~).~~ For Agenda Of: Exhibits: 1. Ordinance 0-96-13 2. 3. 5. 7/10/96 Application for Rezoning Area Map Staff Report P & Z Recommendation EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received an application for a zoning change from Nelson Hyatt regarding his property consisting of approximately 8 acres located near the intersection of Barber Street and the Florida East Coast Railroad. Mr. Hyatt has requested a zoning change from existing CL (Commercial Limited) to IN (Industrial). The detailed staff report is attached for your review. At the regular meeting of June 6, 1996, the Planning and Zoning Commission recommended approval of the zoning change. The first reading of Ordinance 0-96-13 was approved by City Council on June 26, 1996. Staff recommends approval of this zoning amendment. RECOMMENDED ACTION Conduct second reading and public hearing on Ordinance 0-96-13. adopt Ordinance 0-96-13. Move to ORDINANCE NO. 0-96-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY DESCRIBED AS TF. AT PART OF THE NE 1/4 OF TEE SE ~/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING WEST OF TfiE WEST RIG~T-OF-WAY OF THE FLORIDA EAST COAST RAILROAD, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: THE NORTE 6.5 ACRES OF T~E NE 1/4 OF TEE SE 1/4 AND TEE SOUTE 150 FEET THEREOF, COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO iN (INDUSTRIAL), PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ~EREWIT~; PROVIDING FOR SEVERABiLITY; AND PROVIDING AN EFFECTIVE DATE. WI~EREAS, Nelson Hyatt, the owner of the parcel of property described herein has petitioned the City of Sebastian for an amendment %o the Zoning Ordinance; and W~EREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-~1.6(c) of the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and W~EREAS, the City Council has made the following findings: A. The p~oposed use is consistent with the goals, oojectLves .~nd ,~ther e!emenms of ~he Comprehensive Land Use Plan. B. The proposed use ~s in confo- ~'~- ~-h the I I I i I I i I I I i I I I I i I I I I I I i I i I i substantive requirements of the City cf Sebastian Code of Ordinances, particularly-the Land 0evelopment Code. C. The land use and development conditions ...... the effective date aff =,~ · ,_ _,~ing this parc=1 nave changed oince of the existing regulations- D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist ~n the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and raczlinles. ~. The proposed change in use will not result in any a~verse impacts on the natural environment. G. The proposed use will not adversely affect the ~ in the area, or 'the general health, safe~y prope-~_ values and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. I. The proposed use is in the public interest of the citizens of the City of Sebastian. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ,as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of ,this Ordinance -' following described real property: shall appiv to ~ne ' That part of the NE 1,,4 of the SE 1.,'4 of Section ~ the Wes5 rlght-oz-way o£ F=orzda East Coast Railroad, LESS and EXCEPT the following two parcels of land: , (1) ~el~th 6.~ acres of the NE !,,4 of the (2) The South 150 ~e~t t~er=of Section 2. DISTRICT. ~he real property described ~n this Ordinance is hereby rezoned from CL (Commercial Limited) to IN (Industrial). Section 3. ZONING MAP. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 4. CONFLICT. At! ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SE~-ERA_BILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and i. shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enact,ed ~he remainder of this Ordinance without said invalid or unconstitutionai %ro~ision, ~erebv causing said remainder to remain in ful= ~or,~e and e~=ect~ Section 6. EFFECTIVE DATE. This Ordinance shall ~ake effect immediately upon its adopticn and aut~enuication by the signatures of the presiding officer and =he Clerk of ~he City Council. The foregoing Ordinance was moved foe adoption by unc~ Imembe~ The motion was s~-conded by Counciimember ...... and, upon being put to a vote, the vote was as follows: Mavor Louise R. Cartwrigh5 ~ Vi~e-Mgvor Walter W. Barnes ~ Counci~member Norma J. Damm __~ Councilmember Raymond ~alloran Counciimember Richard ~. Tara~ka __~ · he ~avcr thereupon declared ~his Ordinance dulv passed ' ~ 996 an~/ adoptec 5~Zs day cE , - · CITY OF SEBASTIAN, FLORIDA Loui~e ~i Cartwright, Mayor ATTEST: Kauhrvn M. O'~atioran, CMC/AAE City Clerk ( Seal } iporoved as to Form and Content: Ciuv Atto ~nev APPLICATION FOR ZONING CHANGE I CiTY OT SEBASTIAN PLANNING AND ZTNiNG QEPARTMENT ~ TELEPHONE: 589-5330 . ' I SATE RECErVED. .... .... , - · - _,~ ~- 4, ~ ~ ~ ,, PROPOSE~ USE: REASON r OR PETITION7 ~LC ~ ~ /.~ ~, ~ . ARE ANY STRUCTURES NOW LOCATED 0N THE PROPERTY? ,:/~,~ THE FOLLOWING ATTACH~NTS SHALL ACCOMPANY THE APOLiCA~TON. a notarized Affidav~: of Owne-~n~u mus- - ''. ' =) ~ ~ COp~ of the owner's deed mus~ accomoan 4) / The ~e~a~ ~ .... ~ =~ _ ' 5) ~ ~ draw~n~ ar ' ' = - - ~:map.sh~w!nq ~he zoninc classifications o~ al! oarc~_s o~ ad~-- ] .... i- i I (2) 6>/ Names and addresses of surrounding prcper~y owners w£c~±n 300 ft of :he boundary Lines. A check, money order or cash in FEE SCHEDULE Less :nan 5 acres 5 - !00 acres more than !00 acres S225 .00 The undersigned understands tha~ t~is application must be complete and accurate before consideration by the PLanninc. and Zoning Board of the City of Sebastian. STATE OF ~LO~I~ COUNTY OF /~/~ /Ct~ I, ~&-a~ .~~ ~ ,BE~N~ FIRST DULY SWORN, DEPOSE AND SAY THAT: ~ i AM THE OWNER ~Z DESCRIBED WII%C:-t iS THE SUBJECT MATTER OF THiS APPLICATION, THAT ALL THE ANSWERS TO THE QUESTIONS %N SAfD APPLICATION AND ALL SKETCHES AND ~ATA AND ~ATTER ATTACHZD TO kND MADE A PART OF SAZD APPLICATION ARS HONEST AND TRUE TO THE BEST OF MY WILLIAM E ~y Corem F:'xp 10/26/99 Bonded BY Service ins No. C£506258 ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A ?RE-APPLiCATiON CONFERENCZ THRGUG;[ THE PLANNING AND ZONZNG STAFF SECRETARY PRIOR TO THE APgLiCATiON TO RESOLVE OR AVOID PROBLEMS CONNECTED WiTH THE ?RGPCSAL. I WAIVER AND CONSENT I i/We, the owner(s) of the prope~y iocat=d at ~ · Sebastian, ..~dlan Kiver County, Flor, da, ~the ,,pro~--,,~ "~ .... ' authorize e~a ~d eve~; me,er of ~he Board/Co~is~sion of ' the City of~ sebas{~ an '(t' "Board"/"Co~ission,,) ts phvsical!v Anter uDo~ ~ vl_w the Property in connection with my/our pending 4~ ~he Guasi-~ndZc~l n~C~r~ of the proc~d~n?~ r~su~in~ fro~ any ~oard/Co~issio~ me~er ~nt~ring or viewing the propertv, inc~ udin~ any claim or assertion that m o ] y/ ur procedure_ or substantive due process rights under the Florida ConsZitution or the United States Constitution we-- -=-~ -=' - - ~= ~u~ac~ Dy such eh=sting or viewinc. This Waiver and Consent is being signed by me/us vol untarily and not as a result of any coercion aDolied, or oromises made, by any employee, agent, contractor or official of the City of Sebas%ian. Dated this~ day of /~~ . ,. !99~ , ........ , I , SWO~ to ~d subscribed before me this ~ Co~issio~ ~ir~s: ~:~c/ '] =ended BY Se~c~ ~ No. CC5062S8 ~ ~~ [1~.~, , I:'E-__ ASTI AM HIOHL,ANOS RS-t0 I PAL,VI LAKE CLUB .....~,",' ' PUD - MH ! PARK P_&CE m PROPOSED REZONLNG - STA.FF REPORT ' m !. Proj eot Name: 2. Requested Action: Rezoninq from CL (Commercial Limited) to rN · (industrial)-'' 3. Project Location: a. Address: I b. Legal. p~ of the ~FE 1/4 of =he~SE 1/% of Section That 20, Town~hip 31 South, Range 39 5asz, !ying west of =he Wes~ right-of-way of Florida East Coast Railroad, LESS A~D E~CIPT the following ~wo parcels 1 of land: - I) The No~h 8.5 acres of the ~E 1/% of the SE · !/4. I 2) The South tS0 feet thereof. c. Indian River County Lot Number: 1 4. Project Owner: ~e!son C. Evat~ 1 5. Project Agent: 6. Projec~ gugineer: m 7. Project Attorney: S. Project Description: a. NarrativI of pro~osed action: i Mr. 5yat~ has requested ~hat a parcel of !and !eon=ed west of ~he ~lo~ida East Coast Railroad, on bo~h sides o~ Barber ~treet and eas~ of ~he Palm · Lake Club subdivision be ~ezoned from CL ~o iN. The__ kas seen a grea~ rea! of confusion about the zoning o~ this barco!. The "zo~±ng maD" of the 1 City identifies ~wo zonings - PUD-iN and ~L. Since P~/D-iN is not a zoning distric~ in the Land Deve~oDment Code, sta~= r=sea~k=d the zones c~ zoned CL. - The proposed action is to r~zcne the barco! from CL :a IN ~o make iu csnsiszsnt wiuR :he City's Comprehensive ~lan. - ! b. Current zoning: CL -- L~mited Commercial c. Adjacent Properties: ~ Curr~t Land U~.~ Futur~-d Use Nor~h: C~ (county) Vacant East: CG Vaca/l~ C~ South: PUDM~, I~ ~!l~home park/ MH, i~ Wes=: . ~ Mobile home Dark d. Si~e Characteristics: (!) Total Acreage: 8.23 acres (2) Curren= Land Use(s): Vacant, forma=!y a waszswa~ar treatmenn (3) Soil: I~oka!ee, ~y~a fine s~d, depr~ssional (4) Vegetation: Disturbed (5) Flood Hazard: Zone I, ou=side the ~00 year ~!oodD!ain (6) Wa=st Semi=e: !es, county (7) Sanita~ Sewer Semite: !em, (8) Parks: (9) Police/Fir~: Police: City, =ire: Comprehensive Pla~ a. Future Land Use: I~ - iadustria! b. Level of Se~ice: (!) Traffic: ' M~~ ianansitv ia ~ averag~ weekday vehicle t~4D ends De~ 2a'ho~ period is ,/i,000 sc. f=. of ~o~s f!ou~ area. The ~urren= zoning (CL) allows a m~~ ~nnansitv of !~0/I,000 sc. ft. cf gross >~ccr are~. Th~ ~ro~ed r~c~iaq ~epr~sests a 95% reduction ia ai~cw~_- eta ~rLps. (2) Potable Wa=er: Bcch zhe cc~ercia! ~d ~ndus=rla! !and ~lses Dc~le waUar level cf sa_zice is 2,500 ga!ions acre. Therefore, no impact is a~necusd ~v the proposed rezoning. ( 3 ) Wast.water~: . Both the comme~cia! and industrial land uses for sanita_~! sewer level of se~ice is 2,500 ga::ons per acre. ' Therefore no Lmmact is =xDect=d b~-the proposed rezoning. ' (4) Stoz~nwater: The level of septics standard is the same for all development; Therefore no LmDact is e~Dected by the proposed rezuaing. Recreation: Po impact. (6) Solid Waste: ~o change in L~Dact e~De~=d (7) Otaer: !0. Con£o~-mance with Code of Ordinances: ~inp~~ed rezon~aq is consistent wit~ the Code of 11. Change~ Conditions: Since= ~he property wasozoned~in March 1984, the City has adopted a Comprehensive ~!an. =or un~o~ reasons, the ~oning was meyer changed to be in conformance with the Comurehensive Plan. The Future Land Use Eleme~t identifies this ~rea to be industrial. 12. Land Use Compatibility: To the west of this parcel is a mobile home park. Approx'--mate!? !0 lots ar~ adjacent to this proper~y. Both the e~s~ing and proposed zoning require a 30-foot setback from a residential area and both r~uire the same amount of ~c~e~n~ng. both zoning classifications restrict building The Lmpact of =he proposed zoning is e~Decned to be less that of ~he current zoni=g due to' =he fact tha~ the Comprehensive P!anrequires a s~gnifican~ reduction ~n traffic !~edlat~!y to the aas~.of the property is the Florida East Coast Ra~iroad. The proposed zcning is comuatibie with the railroad. The roi!road has had and is empec~ad co continue to .have. a gr=a~=~ .... ~mDac'_ . on. .Dro~e~-ies. ~ _ ~ ~he eas~ of the si~e ~han ~he proposed ~he prcce~v ~o Uhe south is currann!v zoned P~-~ and Adequa=~ Public :== Facilities The u~lic ~aci!i~ies ar~ adequate for the r_quesz_d Natural Emviro~ent: The si~ has been si~ific~=!y a!tsred i~= he past with the const~ction ~d operation of a was~awanar ~r~atmen~ pl~t - ' = The uro~csed r=zc~n wi~ ] oct si ~ ~ic~!v ~uac~ the natural resources. In fact, ther~ may be a net plus the r~zon~ng in the= the iN zo~nq will require a ~n~ 20% ~een area where CL zoning has 20 suca ~_~lr_m Economic Effect: ' The current zoning, !~itad cu~ercia!, is iatended to !ac!ode small !~==d iu~m shoos ~d $~or~s !~i=sd to t ~ur~-ori~n~adis m~arka~s. ~ . = ~ Due ~o the !oca~ion of ~his siZ-, i~ As oct ~cono~ca!!y feasible to marka~ such a !~d use.aion~ the rail_-oad utilit ~he s~ ~ = has diract fret=age , se~ c= ~d direct access t~ U.S. 5~qhwav ~!. These factors shou!d m~a the urcDe~v_ _ _ . m~kat~ie. . as. indus~r~ai . therefore, the proposed razu~ag snoul= have a For the adjacent !~d uses, pa~icuiarlv the mobile home park to the west, the proposed rmzo~nq ~as uhe s~e se=~ack "h~t a~ acniv~uies ar~ no be conducted in enclosed buildings. ~he c~e a~sc ~e~ir~s a fence or wa!! or a cogitation of a screen =on l~ss. th~ five fleet high along the prcp~y ~ei~crhccd. Orderly Development: The prouosed rezon£ng is consistent wi~h the Ccmu~=hensive wa~er and sewer available, a~d convenient access to U.S. ~t this rezoninq provides for orderly development. Car= sao~Td be given in the design of the us~ of the site to residential deve!oDment to the west. - 17. Public Intermst: 18. Other Matters: The zoning maps located ia~ the Ci~v,.~ dated March 1992, identifies thi~ Darce! as a mi~ur~ of'C~ and oUD-r~ kn ~arlier maD,' dated March 1988, shows this uarce! as a mix~ure of CL ~nd PUD(i~). A note on the mad s~a~es that the () indicates zoning prior to the PUD. The PUD-!~ zon/ng-classification does not e~is~- in the CiUv's Land Deve!o~men~of ~his ~ode. la researching the history of {he zoning si~a, i= appears tha~ the site was ~oned C-~ from R-! ia March !984 (Ordi~a~.ce 202-7). Ordinance O-9~-!3 provided for a converEion of ~he "old zoning district,, to the "new zoning districts" based on the 1981 ComPrehensive Plan. That ordinance changed the zoning from C-i ~o CL. Wor~inq w~th the City Clerk's office, the staff has not been able to find any other rezoning cnn his parcel of land. One of the benefits of the recuested rezcninq is to c~=an UP any ~%isunderstandinqs which may exist as a result of the !98~ or 1992 zoning maps. 19. Analysis: The recuested rezon±nq is consistent with the Furor= Land Usa Map of*the Comprehensive Plan. The rezoniag wi!! a~!cw for a significant rmduc~ion (95%) ia the amount of traffic allowed by the zoning. Dirmcn access to U.S. ~I and the location adjacent to i~e Florida Easu Coast Railroad wil~ minimize traffic imDac=~ in the area. The oroocsed rezoninq will no= have a graaue~ ~muacn cn the water, wasZawater, drainage or solid wasze faci!inhes than the Bo~h the CL and IN zoning require a 30 f~. setback when abutting a residential area. i~ zoning r~cuires a green area, nc mini=um e~iszs for CL zoning. ! 'The recuested rezoning from CL to !~ is consistent wi~h the I Comprehensive Plan, La~c Deze!c~ment Coae an~ Cute Ord_aanc~s. 21 Recommendation: Staff recommends that the Planning and Zoning Commission recommend approval of the request z~r rezonmng ~rom CL ~o aN =or th= sub,eot parcel to the Cisv uounci!. , City of Sebastian 1225 MAIN STREET = ~EBASTIAN, FLORIDA 32958 I TELEPHONE (561) 589-5330 m FAX (561) 589-5570 ~ E M O R A N D U M DATE: June 7, 1996 TO: Mayor, City Council I FROM: Dorri, Bosworth, Secretar~ I Planning 'ind Zoning Commission REFERENCE: Zoning ~mendment Proposed by Mr. Kyatt I ! At its regular meeting of, June 6, 1996, the Plann±nq and Zoning Commission held a oublic aearing reqardinq the above referenced zoning change. T~e Commis'sioners were given a copy of the Staff's I Repot% reqardinq ~he proposed rezoninq of property from CL (Commercial Limited) to ZN (%ndustriai) . After a discussion 2n w,k±ch, all members ~o~ced th.e~= app~o~!~ th.a I following motion w-as made: Mr, Johns made a motion ,that "the Plann~nq and Zoning Camm~on I =ecomme. ni to C~t'y C0unc~! ~kat M~, Kyatt~s =eques~ to ch~nqe z~n~nq from CL ~ ZN be qran~ed, Ame. a ~n ~uest~on Cs ~hown on James sur~ey at~ached to the end o~ the appi~cat~on," MD, Matha~ ~ec~ndad I the mo~lon, ' ' ' Roll call was ~aken: I Ms. ~i!ke!!~ ~ Mr. Johns Mr. Ma~her ~Eo Chmn. Fz~cher YES I Mr. P!iska ~ES Mr. Munsart ?ES MS. Brantmever YES Mo~±on carl±ed 7-Q, I As part of :he Offi:!a! Record of the proceedings, ~: ~S noted =~= I Hr. Schulke filed a Form 8B, Memorandum of VoZRnq Conflict, I 1225 MAIN STRE ' . Special City Council Meeting June 19, 1996 Page Two 4. OUASI~JUDICIAL HEARING Procedures for Ouasi-JudiCial Hearings as Follows (In accordance with R-95-39): * Mayor (~ens Hearing-Outlines Rules o City Attorney reads Ordinance or Resolution (tfApplicable) o Clerk Administers Oath o Disclosure of Ex-Parte Communication o Staff Presentation ° Applicant Presentation - 15 Minutes ° Inquiry of A,pp~licant ° Proponents Testimony - 3 Minutes or 10 Minutes if Representing 5 or More * Inquiry of Proponents ° Opponents' Presentation ~ Affected Opponents !5 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More * Inquiry of Opponents Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More o Closing of Public Informational Period °StaffRespo,_nse and Summary- 10 Minutes °Applicant s Rebuttal Presentation - I0 Minutes * Board and Staff£nquiry 96.039 A. RESOLUTION NO, R-96-45 - Harbor Point Final Plat - Continued from 6/5/96 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING TIlE FINAL PLAT OF HARBOR POINT SUBDMSION, A REPLAT OF ALL OF TRACT A, LOTS 1 THOUGH [6 OF BLOCK 510, LOTS 1 THR.OUGH 26 OF BLOCK 511 AND LOTS 1 THROUGH 21 OF BLOCK 512 AND ALL RIGHTS-OF-WAY BETWEEN SAID LOTS AND BLOCKS AS SHOWN ON PLAT OF SEBASTIAN HIGHLANDS UNIT 16~, CONSISTING OF 18.72 ACRES, MORE OR LESS, LYING IN SECTION 1.~, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT AND Tt-IE CITY CLERK TO ATTEST; DIREC~G THE CiTY CLERK TO PRESENT THE PLAT TO TIlE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF tLESOLUTIONS 1-N CONFLICT H]EKEWlTH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Special City Council Meeting June 19, 1996 Page Three Mayor Cartwright stated the purpose of the meeting and called the quasi-judicial hearing to order at 6:05 p.m. The City Clerk read Resolution No. R-96-45 by title only and administered an oath to all who intended to offer testimony. Vice Mayor Barnes disclosed he had visited the site and spoken with John King. The City Planner gave a brief presentation and entered two revised pages of the final plat and his staff report with attachments into the record, which he reported, had been submitted to the applicant (see attached). He stated that, although his report recommends a sod bond be posted at this time to the cost of sodding should hydro-seeding fail, he was recommending cover rlow~ that when'stormwater is turned over to the City in approximately .~0 days the bond be required. He also noted that the contract required in Section 20A-l 6.4.F.(e)(i) of the LDC, in the event the contractor elects to construct required improvements after recording the final plat, is not available. The City Planner then discussed the applicant's request to have the City accept the dedication of the storm,water tract, referring to applicant letter (attachment 6), City engineering consultants letters (attachments 7 and 8), former City Manager correspondence (attachments 9 and 17, GDC settlement agreement (attachment 12), and P & Z minutes (attachment Io). The City Planner concluded that the final plat meets the requirements of the prelim/nary plat and LDC, except the contract for improvements and a decision on the dedication of the stormwater tract and drainage easements. He recommended approval with the condition of entering into an agreement with the developer for the required improvements, sidewalks and grass in swales to be completed after plat approval. The City Attorney, recommended the applicant provide the required contract and she would review it. ! Special City Council Meeting · June 19, 1996 Page Four Ills Randy Mosby, Mosby and Associates, Inc., argued that the required $2,880.90 I bond for the improvements had been submitted to City Hall, which, in his opinion, constitutes a legal contract, and that the contract required by 20A-16.4.F.(e)(i) I should not hold up approval of the final plat. He further stated that hydro-seeding I was acceptable to St. Johns River Water Management District and that acceptance of maintenance of drainage by the city was reviewed by former staff, Council, i consultants and P & Z previously and had been agreed to. ' The City Planner noted that there is no problem with hydro-seeding, but that the preliminary plat had required ,it{. ~ Mr. Taracka suggested a time extension for installation of sidewalks to I accommodate construction. The City Planner said this could be spelled out in the agreement, i John King, Century 21, addressed City Council relative to construction of sidewalks at a later time by the developer. Mr. Mosby stated it is the intention of the developer to construct the sidewalks. I Mayor Cartwright closed the public input portion of the hearing at 6:47 p.m. 1 Mayor Carrwright suggested two amendments to Resolution No. R-96-45 as follows: I "The City and the developer will enter into an agreement for the required improvements; sidewalk and grass in swales which are to be completed after the i approval of the final plat and executed on behalf of the City by the City Manager." · , ! The City does not accept the dedication of the stormwater and drainage - management tracts but d,o, es reserve the right to review this subdivision for 1 acceptance in the future. Damp disagreed, i Mrs. TAPE I - SIDE II (6:51 p.m.) I ! I Special City Council Meeting 3~une 19, 1996 Page Five The City Manager reiterated the requirement in Section 20A-I 0.2.H. 11.a. (v) of the LDC regarding maintenance of stormwater tracts by the owner unless the city accepts it, and stated that acceptance or non-acceptance is a policy decision by Council. Fie pointed out that Craven Thompson and Masteller and Moler had recommended that the city not accept maintenance at this time, but perhaps in the future when a city stormwater plan is in place. Vice Mayor Barnes and Mr. Taracka concurred with Mayor Cartwright's second amendment. Randy Mosby argued that the preliminary plat was approved with acceptance by the city. , The City Planner gave a copy of Masteller and Moler s June 19, 1996 letter to Mr. Mosby (attachment 7 - written by Devon Rushnell). Jbhn King stated that Harbor Point was built specifically for the stormwater to be dedicated to the city in light of discussions held with former City Manager, Soel Koford. The City Manager went on to say there seems to have been some inconsistency on the part of the City in its previous dealings with the applicant on this project relative to maintenance responsibilities. Fie cited attachments 8, 9 and 11. Mayor Carv,vright cited attachment 10, .~anuary 24, 1996 memo from the former City Manager, which she stated implied that the city had not agreed to accept maintenance. ~Iohn King stated that the former City Manager had asked for Tract A as part of City mainte, nance, that at subsequent meetings it was always stated that it was the developers intention to have the City accept maintenance and that the current design based on that request had been approved by St. $ohns. Vice Mayor Barnes recommended that due to mixed signals from former city management it was best to accept maintenance for this project, but in the future, decisions be based on the recommendation of the engineering consultant. Mayor Cartwright withdrew her second recommended amendment based on Mr. Barnes' statement. 5 Special City Council Meeting June 19, 1996 Page Six The City Planner recommended that City Council make it very clear what the conditions of acceptance will be. MOTION by Cartwfight~aracka I move to now adopt Resolution No. R-96-45 with the one amendment to Section 2. ROLL CALL: Mr. Barnes - aye Mrs. Damp Mr. Halloran - absent MI'. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 Mayor Cartwfight recommended that 48 hours notice be given the next time a special meeting is called. A gentleman from the audience requested to speak and began to recommend Dave Puscher for Police Chiefi however, Mayor Cartwright recommended he speak to the City Manager. 4. Mayor Cartwright adjourned the Special Meeting at 7:25 p.m. Approved at.the ,1996, Regular City Council Meeting. ....... City Clerk 6 City of Sebastian I 1225 MAiN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 i BOARD OF ADJUSTMENT WEDNESDAY, APRIL 10, 1996 6:30 P.M. I 1. Mayor Cartwright called the Board of Adjustment Meeting to order at 6:30 I p.m. I ' Ci~ Council Prese.Ilt.;. Staff Present: I Mayor Louise Cartwhght City Manager, Thomas Frame Vice Mayor Walter Barnes City Attorney, Tim Williams Mrs. Norma Damp City Clerk, Kathryn O'Halloran i Raymond Deputy City Clerk, Sally Maio Mr. Halloran Mr. Richard Taracka Building Official, George Bonacci i Zoning Technic/an, Jan King OLD BUSINESS: , I APPROVE MINUTES OF MARCH 27~..1..996 MEETING I MOTION Halloran/Bames by I move approval. i ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye I Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye I MOTION CARRIED 5-0 i , ! ! Board of Adjustment Meeting April 10, 1996 Page Two Mayor Cartwright requested the order of the two heatings be reversed. City I Council concurred, i 4. NEW BUSINESS: . I PUBLIC HEARING: Columbus Club of Sebastian, in Regard to Lot 17 in Section 30 According to Berrys Subdivision of the Carter Survey of the I Fleming Grant, Township 30 South, Range 38 East and Located on Gibson Street in the City of Sebastian, Is Requesting a Variance from Section 20a- .5. 6 of the Sebastian Land Development Code to Allow a Septic System 1 Within the Rear Yard, Whereas the Code Requires the Septic System to Be Placed in the Front or Side Yard The Applicant Also Wishes to Place a Well in the Front Yard, Whereas the Code Requires the Placement of a Well Within Either the Portion of the Side Yard That Is Not Forward of the Front Building Line or Within the Rear Yard i Mayor Cartwright opened the public hearing at 6:32 p.m. and the City Clerk in all.those who intended to offer testimony. I swore Mr. Taracka stated he had visited the site. The Zoning Technician made a brief presentation, noting the request no longer included a variance for the location of the septic. I Randy Mosby, Mosby and Associates, addressed City Council stating that the adjacent septic is outside of the 10fi proposed well radius. 1 Mayor Cartwright closed the public hearing at 6:40 p.m. i ! : 1 , i Board of Adjustment April 10, 1996 Page Three MOTION by Damp/Halloran I move that we grant the request for the variance for the best utilization of the land and the site constraints of the existing lands and rear buffer. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 ~ PUBLIC HEARING: Ava Lynn l~ilson, in Re~,ard to Property Located at 945 Indian River Drive, City of Sebastian, is Requesting a Variance from Section 20A-3.8(DJ6(bJ of the Sebastian Land Development Code to Allow a Structure to be lO Feet.from the North Side ?roperty Line and 14 Feet from the South Side Property Line, grhereas the Code Requires Residential Structures to be a Minimum off5 Feet from the Side Property Lines. Mayor Cartwright opened the public heating at 6:42 p.m. and the City Clerk swore in all those who intended to offer testimony. Mayor Cartwright, Vice Mayor Barnes and Mr. Taracka disclosed they had visited the site. Mr. Taracka said he had talked to Ms. Wilson. The Zoning Technician presented the request, no, ting the existing house was already in the side setbacks and that Ms. Wilson s intention was to build an addition onto the front of the house with the same encroachment into the side setbacks as the existing house. She stated that this was a fifty foot wide lot and that the adjacent house was two feet from the property line. Mayor Cmmm/ght asked whether the addition was proposed or completed. Mickey Capp, ¢onl~actor for Ava Wils~on, said the project was in the works. Board of Adjustment Meeting April 10, 1996 Page Four Ms. Wilson said she had started to remove the existing structure and then found out the approval process would take longer than expected. She said she then asked Mr. Capp to construct something to keep the weather out and for security purposes. The City Clerk swore in Building Official, George Bonacci. Mr. Bonacci testified that the structure (slab & shell) had been inspected by KSM and in his opinion, the structure meets requirements of Section 1606 of the Standard Building Code. Mayor Cartwright asked if a variance from Section 20A-9.7 Structural Alterations to Non-Conformities was also required and the City Attorney responded that it was. Mayor Cartwright closed the public heating at 6:54 p.m. MOTI?,~ by Bames/Taracka I 11 make a motion to approve the variance for Ava Lee Wilson, at 945 Indian River Drive, in the City of Sebastian, from Section 20A* 3.8.D.6.(b) to coincide with the dimensions of the existing home. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Barnes Mrs. Damp - aye MOTION CARRIED 5-0 MOTION by Cartwfight/Taracka I could so move to approve the variance for Mrs. Wilson, 945 Indian River Drive, a variance from Section 20A-9.7. 4 Board of Adjustment April 10, 1996 Page Five ROLL CALL: Mr. Taracka - aye ~trs. Carrwr/ght - aye Mr. Barnes - aye Mrs. Damp - aye ~tr. Halloran - aye 5.CltAIRMAN $ ..MATTERS None. 6.MEMBERS' MATTERS None. 7.BUtLDI2NG OFFICIAL MATTERS None. 8.Being no further business, Mayor Cartwright adjourned the Board of Adjustment meeting at 7:56 p.m. Approved at the _, I996, Board of Adjustment Meeting. ~ , Mayor City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (40~ 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITT~ SUBJECT: Request for Bid Waiver Agenda No.~ Dept. Origin: Finance Date Submitted: 07/02/96 Approved For Submittal By: For Agenda of: 07/10/96 ~ ,J,/'i'") Exhibits: Gateway 2000 Quotes city Manager ~' ~k,~,~ EXPENDITURE AMOUNT . APPROPRIATION REQUIRED: $4,346 BUDGETED. $4,346 REQUIRED: $0 SUMMARY STATEMENT Two computers were approved during the recent Mid-Year Budget Review. One for Finance and one for Public Works/Engineering. These computers are proposed to be purchased by piggybacking on the Florida ~tate University Computer Contract with Gateway 2000; contract number: 250-040-96-1. This contract includes 3 years Parts Warranty and 1 year on-site Labor warranty. RECOMMENDED ACTION Move to approve the purchase of the two computers in the amount of $4,346 from Gateway on the Florida State University Computer contract and waive the bidding procedure. Da~e: Ju~e A~Un: Pau~-Wa~er Fax$: 561~-389/n3570 G"W Q~ote#:~06258.!2D P5-120 **STANDARD CONFIGURATION INCLUDES MINI TOWER** **PLEASE SPECIFY DESKTOP CASE IF PKEFEILR~D** Intel 120M~z Pentium processor 16MB EDO ~erformance DP, AM expandable =o 128MB 25aRB Pipeline Burst ~RAM cache 1.6GB 9ms EID~ Western Digital hard drive PCI Enhanced IDE interface ATI PCI local-bus graphics accelerator with 2MB DRAM 8X CD-ROM drive 3.5" !.44M~ diskeuue drive Vivitron!7 color monitor (15.9" viewable) Slots: three 32-bit P~I, two 16-bi~ ISA, one PCI/ISA Min~ tower case !04+ Keyboard Microsoft mouse and Ga=ewa~ mouse pad MS-DOS ~.22/MS Windows for Workgrou~s 3.11 and MS Office Professional 6.3 on CD, Bookshel~ 94 and Money 3.0 Gateway Gold service and support PRICE: $2176,00 D~lavere~ . NOTE: Standard configuration ~n¢ludes M~ni Tower. VISA, Express and Discover accepted MasterCard, American C.O.D. cashier's check accepEab!e in the continental-United States. Net 30-day~ credit.terms and leasing options are available' tc qua!iliad commercial customers. *Prices and specifications are subjecu to change without notice or oblige=ion. Sales tax will be col!ecUed where applicable. When placing your-order, please attach =his quote =o your Purchase Order. Srad Anderson , Account S00-77~-20~0 SKA\hl. 610 C~way Ddvo · RO. ~ox 20~0 No~ Sioux Ci~ 5ou~ Dako~ - 57~9-2000 Ju/le 19, 1996 City of Sebas~ian~Pau! Wagner 561-589-5570 Q~ote~: SI~A06~. 00B PS - i~ 0 W-STAi~IDAi~.D CONFI~KLRATION I~CL~DES MII~I TOWER** SPECIFY DF~KTOP C~E IF In~el 120~iz Ps,Icj. tan processor !6~MB EDO Performa/%ce DRA/~ e~d~le to !28~ 256~ Pipe!ins B~s~ S~ cache 1.6GB 9ms EIDE Weste~ Digital hard ~ive PCI E~ced IDE inzerface .~TI 9CI local-bus graphics acce!er~=or wiZk 2~ D~ 8X ~-RC~ ~ive 3.5" !.44~ disket=e ~ive Vivitronl5 color moni=or (13.9" view, is) Slots: =~ee 32-~it ~I, t~ 16-bit ISA, o=e ~I/ISA i04+ Keyboar~ Telepatk 28.8 f~modem w~voice mail Soun~lam~er 16-bit so~d card ~_~ ~tec ACS 40 speaker~ ~croeoft mouse ~.d Ga=uway mouse pad Windows 95 ~d ~ Office 95, Professional Edition Gate~y ~td se~ic~ ~d ~upport PRICE: $2170.00 deliver~ NOTE: StanuL~r~ con~iguraticu= includes ~ Tower. SERVI CE ~ate~y ~o1~ I>~mium ..................................... aclU: $ 99 ~sterCard, VISA, America~ Express and Disccve~ accepted. C.O.D. cashier's check accep~-~bie in Eke con=inen~a! Ne~ 30-day credit terms and leasing options are · qualified commercial ~s~omers. ~ices s~ject to chugs without notice or obligation. Sales t~ will be coilec~ed where applic~ie. Br~d A~derson Accoun~ Executive ~00-779-2000 Ext. 25599 City of Sebastian I 1225 MAIN STREET E SEBASTIAN, ~L©R,DA 32958 TELEPHONE (407) 589-5330 5 FAX (407) 589-5570 I SUBJECT: TREE .~DVISORY ) Agenda Number: BOARD WORKPLAN FY '96- 97 )) DePt. Origin: Commu,,n, ltv Dev. ) (R~I) Approval for Submittal By: )) Date Submitted: 07/2/96 I j~ 1~-] ) For agenda Of: 07/10/96.. City Manager~ ..7~~: I ~ ) Exhibits: ) ) 1. Section 20A-14.16 of the i ) LDC ) ) 2. Propos,e,d Work Plan for ) FY "96- 97 I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: UDEGETED: REQUIRED: ! I SUMMARY STAT~MENT Pursuant ;o section 20A-24.16 of the Land Development Code, the Tree Advisory Board shall provide advise ~o ;he City Council as requeste~ by ~he City Council. The Tree I Advisory Board is proposing a Work Plan for FY '96 -'9~ to be reviewed and approved by the City Council. i RE COMMENDED ACTION ITo direct the Tree Advisory Board to proceed with the proposed Work Plan for FY '96-'97. I I , ! § 20A-14.14 SEBASTIAN LAND DEVELOPMENT CODE (8) Necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of the property, including: a. Need for access around the proposed structure for con- struction equipment (maximum of ten (10) feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. (§) Use of the land as permitted by the applicable zoning reg- ulations. (10) The extent of any damage or hardship which would result to the applicant from a denial of the requested permit. (11) The species and size of the trees proposed for removal. Sec. 20A-14.15. Apphcat~on review. A. The city manager or his designee shall review and grant or deny the permit application within ten (10) working days at~er receipt of an application filed pursuant to this article, if the ap- plication is denied, the reasons therefor shall be in writing and attached to the application. In the event ten (10) working days have lapsed and the city manager or his designee has not acted on the application, the application shall be deemed to have been granted. B. In the event a site plan is required to be submitted, then the application shall be submitted simultaneously as part of the site plan application and the approval per/od shall be as required for the site plan review. C. A certificate of occupancy shall not be issued by the city for a residential unit without the applicant first demonstrating eom- pliance with the provisions of section 20A-14.12(3). (Ord. No. 0-95-01, § 1, 2-22195) Sec. 20A-14.16. Tree advisory board. A. There is hereby created a tree advisory board, which shall provide advice to the city council as requested by the council on Supp. No. 18 958 LANDSCAPE AND TREE ORDINANCES § 20A-14.16 care of trees on city property, preservation of historic trees, pro- posed planting of trees on city property, proposed amendments to this Tree Protection Ordinance, and such other matters as quired by the city council from time, to time. B. The tree advisory board shall consist of five (5) residents of the city, who shall be appointed by the city council. Members shall serve without compensation. Initially, three (3) members shall be appointed to two-year terms and two (2) members shall be ap- pointed to one-year terms. Therea~er, all appointments shall be for two- year terms. C. Vacancies shall be filled by the city council. D. Meetings shall be held at such places and times as specified by the city council from time'to time and shall be open to the public. (Ord. No. 0-95~01, § 1, 2-22-95) ~he next page is 1005] Supp. No. ~$ 959 City of Sebastian Tree Advisory Board FY 96 97 Work Plan I. Tree City USA The Tree Advisory Board will prepare an application for designation of the City of Sebastian as Tree City USA for City Council approval. The application must be submitted before December 31, 1996. Ii. Arbor Day, January 1997 The Tree Advisory Board will prepare an agenda and proclamation recognizing Arbor Day for City Council consideration. The Tree Advisory Board will coordinate tree planting ceremonies. Iii. Tree Bank The Tree Advisory Board will develop recommendations concerning the purpose and function of a tree bank nursery for the City of Sebastian. Upon approval by the City Council, the Tree Advisory Board will assist city staff on the planning, design, construction and maintenance of a tree bank nursery. City of Sebastian 0-96-14 ADOPTING AND AMENDING )' STANDARD CODES RELATING TO ) Dept. Origin: Community Development INSPECTION ACTIVITIES IN THE CITY ) ' ' (RM) ) Date Submitted: 6/19/96 Approved For Submittal By: ) ~ ) For Agenda Of: 7/10/96 City Manager ~, ~~~ ) Exhibits: , ~_ .L ) i. Ordinance 0-96-14 ) ) EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMAR_~Y STATEMEN__T Ordinance 0-96-14 has been prepared to update the various technicial code which are currently used bv the City of Sebastian. It also includes a Standard Housing Code~to-review violations of existing homes that may not _r technical codes that have already been adopted. At i )f 4/11/95, the Sebastian Construction Board rec¢ ~uncil adopt the 1994 Standard Housing Code (puk ~rn Building Code Congress International). At ~ Df 5/10/95, City Council directed the City At~orne to E ate ordinance. .............. RECOMMENDED ACTION Approve first reading of Ordinance 0-96-14 and set second reading and public hearing for July 24, 1996. codes City Attorney ORDINANCE NO. 0__-96-1_____~4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SERASTIAN, FLORIDA, ADOPTING AND AMENDING CERTAIN STANDARD CODES RELATING TO INSPECTION ACTIVITIES OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AND ENFORCEMENT OF BUILDING PROVISIONS AS PROVIDED IN SAID CODES, AMENDING THE CODE OF ORDI~N~.~CES, PROVIDING FOR CONFLICTS, PROVIDING FOR S,.VERABILITY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is the desire of the City Council of the City of Sebastian, Florida to adopt various Standard Codes relating to building, fire prevention, ~as, housing, mechanical, plumbing and swimming pools, and unsafe building abatement; and WHEREA~, the adoption of these codes is done to facilitate prope~ inspection activities by The City of Sebastian, Indian River County, Florida relating to construction and to maintenance of buildings within said City of Sebastian, Indian River County, Florida and relating to public safety, health and general welfare; NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Sebas~ian,~ Florida that: Section 1. Section 26-31 of the Code of Ordinances is hereby amended ~o read as follows: Section 26.31 Technical Codes Adopted ~ (a) The CiUv does hereby adopt as building ~odes for ~he city the below-listed edit~lons of the Southern Butl~in~ Code Congress International, Inc., ~opies of which are on ~i~e in 2he office of t2e commun±5v develommen5 department and which shall be - accessible ~o the public upon recuest during the normal business hours of the community deve!opmenn department. Such codes are hereby made a part of the Code of Ordinances cf the city subject only to soecific addiuions, deie~ions or amendments set ou~ herein °r in the Cide of Ordinances' S=andard ~uilding Code - !994 Edition S}andard ~ire PrevenSion Code - 1994 Edition S~andard Gas Code - 1994 Edition S=andard Housing Code - 1994 Edition Standard Mechanical Code - 1994 Edition Standard Plumbing Code - 1994 Edition Standard Swimming Pool Code - 1994 Edition Standard Unsafe Buildinq Aba~emen~ Code - 1985 Edition (b) No construction shall be done within the city limits except in accordance with the Codes listed in this section and the apmlicable provisions of the Code. Section 2. Section 26-61 of ~he Code of Ordinances is hereby amended to read as follows: "Section 26-61. Adoption of National Electrical Code There is hereby adopted bv re~erence ~he 1996 National Electrical Code as published mv the National Fire Protection Association, subject to such additions, deletions or amendments which may appear elsewhere in this article and excep~ insofar as any such provisions of ~he Na~ionai Electrical Code, by their nature, could have no apeiica~ion within the city." Section 3.,SecSion 26-34 of 5he Code of Ordinances of uhe ~ity of Sebastian, F~orida is hereby de!e~ed in its entirety. Section 4. Section 302.1 .Abatement Code is hereby amended by creating a new Sec. 26-39 to read as follows: "302.1 Content, Hearing and Appeal. The ~building official shall prepare and issue a notice of unsafe uuilding directed to the owner of record of the building or s~ructure. notice shall contain, but not be limited to, the following information: 1. The street address and legal description of the building, structure or premise. 2. A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this code. 3. A statement advising that if the following required action as determined by the building official is not compieEed, it will be ordered vacated and posted to prevent further occupancy unUil the work is completed and the buildinc official may ca~e the work to be done a~d all costs incurred charged against the property or the owner of record. 3.1 If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within 60 days and continued to completion within such ~ime as the building official determines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the Standard Building Code, in accordance with Section 101.4. 3.2 ~if the ouilding .or s~ructure is to be vacated, the notice shall indicate the time within which vacation is ~o be completed. 3.3 If the building or structure is to be demolished, the notice shall require uhat the · '~ ~ - ~hat a~t premises be vacated w!~h_n 60 d=ys, ~ . - recuired Permits for demolition be secure~ and that the-demolition be completed within such time as determined reasonable by ,the building official. The notice shall state that if the demolition of the building or structure is not comuleted within such lime, a hearing will be hel~ ~o determine if =h~ city will cause the building or structure ,_o be demolished as urovided in Sec2ion 601.2.2. The notlce_sha~l ~ive the location, time, and date o~ the hearinc, which da~e shall be not less than 10 days nor more than 60 days after the da~e the demolition was required to be completed. The hearing shall be a cuasi-judicial-hearing. The failure of a part~ to appear or present evidence shall constitute a waiver of said party's right to a hearing. 4. A statement advising that any person having any legal in[erest in 5he property may appeal th~ notice bv the building official to the Construction 6oard; and that such apueal shall be in writing in the form specified in Section 401 and shall be filed with the building official within 30 days !rom the date or the notice and that failure ~o appeal in the time specified will constituse a waiver of all rights to an administrative hearing, except ~he automatic hearing required prior to ~emolit~on by Section 302.1.3.3.3 above." Section 5. Section 105.1 of the Standard Unsafe Building Abatemen5 Code is hereby amended creating a new Sec. 26-40 to read as f°li°ws:,,Sec. 26-40. 105.1 Ap~o±ntment. The Construction ~oard established by Section 26-191, Code of Ordinances of the C~y o~ Sebastian, shall provided ~or ~he ~znal ~nter~retatzon o~ srovlsions of %his code and other Standard Codes adopted by the Section 6. Section 108.1 and Section 108.2 of ~he Standard Bui~di~_ ~ = _ .' _ ~l~ uode are hereby detet=d in Uhe Standard Building Code to Section 7. references .!he Construction Board of Adjustments and ADueais shall be deemed to refer to the Construction Board, as established by Section 105.1 cf the Standard Unsafe Building ~atement Code, and ~he said Cons=ruction Board shall have all the powers and duties of the Construction Board of Adjustments and ~peals. Section 8. Section 105.! of the ~andard Fire Prevention Code is hereby deleted. Section 9. Create a new Sec. 26-41Uo read as follows: Sec 2~-41. Ail references in the Standard Fire Prevention Code to he Adjustments and Appeals shall be deemed to refer ~o Board of ~he Construction Board as established by Section 105.1 of the Standard Unsafe Building Aba~ement Code, and the said Construction Board shall have all the powers and duties of the Boards of Adjustments and ApPeals." Section 10. Section 108.1 and Section 108.2 of the Standard Gas Code are hereby deleted. Section 11. Create a new Sec. 26-42 to read as follows: ~Sec." 26-42. Ail references in the Standard Gas Code to the ~-onstruction Board of Adjustments and Appeals shall be deemed to  efer to the Construction Board, as esEabiished by Section 105.1 of ~he S~andard Unsafe Building AbaUement Code, and ~he said Construction Board shall have all the powers and duties of ~he Construction Board of Adjustments and Appeals." Section 12. Section 106.1 and Section 106.1.2 cf the Standar~ Housinc Code are hereby deleted. Section 13. Create a new Sec. 26-43 to read as follows: "Sec. 26-43. Ail references in the Standard Housing Code ~o =the Housing Board of Adjustments and Appeals shall be deemed to r~fer to the Construction Board, as established by Section 105.1 of the Standard Unsafe Building Aba~emen~ Code, and the said Construction Board shall have all the powers and duties of the Housing Board of Adjustments and Appeals." Section 14. Section 108.1 and Section 108.2 of the Standard Mechanical Code are hereby deleted. Section 15. Create a new Sec. 26-44 to read as follows: "Sec. 26-44. Ail references in the Standard Mechanical Code to the Construction Board of Adjustments and Appeals shall be deemed to refer to the Construction Board, as established by Section 105.1 of the Standard Unsafe Building A~atement Code, and the said Construction Board shall have all the powers and duties of the Construction Board of Adjustments and Appea!s." Section 16. Section 108.1 and Section 108.2 of the Standard Plumbing Code are hereby deleted. Section 17. Create a new Sec. 26-45 to read as follows: "Sec. 26-45. Ail references in the Standard Plumbing Code to ~he Construction Board of Adjustments and Appeals shall be deemed to refer to the Construction Board, as established by SecEion 105.1 of the Standard Unsafe Building Abatement Code, and the said Construction Board shall have all ~he power~ and duties of the ConsEruction Board of Adjustments and Appeals. Section 18. SeverabiliTy. If any section or ~parE of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or pare of a section of this Ordinance shall no~ thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. all oUher Ordinances which are in conflict wi~h =his Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of compet~n~ jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 20. Effective Date. This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councmlmembe~ The m ' - orion was se~onde~ by Counci!member and, upon being put in~o a vote, the vote was as follows: Mayor Louise R. Cartwright ~ ~ '-~ ~=~ ames Vice-Mayor '~a~._~- B Councilmember Ncrma J. Damp Counci!member Raymond Halloran Counci!member Richard J. Taracka The Mayor thereupon declared this Ordina2ce duly passed and adopted this day of ~-- __, i~96. Louise R. Cat,wright, Mayor ATTEST: Kathryn M. O'Haiioran, CMC/~ (Seal) Approved as to Form ~nd Content: Clifton }~. McClei!and, Jr. City Attorney ~ ¢ City of Sebastian 122~ MAIN STRE=--T r'2 ?,.,E, BAST1AN. FLORIDA 32958 TELEPHONE (407) 388-8z00 Z ~AX (407) 58%5570 Subject: Public Acquisition of the AOC Tract I A~,enda No. Scrub [ / Dept. Origin: City Manager Approved tbr Submittal by: · t Date Submitted: July 1, 1996 Ma= r - .! . ...... v ' [ Exhibits: a. Letter from Roland De.reGiS For Agenda of: July 10, 1996 ] b. Conceptual Approval Agreement [ c. Confidentiality Agreement [ d. Resolution R-96-50 Expenditure Amount Additional Appropriation Required: N/A Budtzeted: N/A Required: N/A SUlVlMARY STATEMENT Attached is a letter received from Mr. Roland DeBlois, Chief of Environmental Planning tbr Indian River County. The lett,er involves the acquisition,of a 75 +/- acre tract known as the "AGC Industrial Tract Scrub.' As noted by Mr. DeBlois letter, approval and execution by the City of Sebastian of the Conceptual Approval A~eement (CAA) is necessary, because the subject properW is located within the city' limits of Sebastian. Purchase of the property will be jomuy funded'by Indian River county and the Florida Communities Trust (FCT). There will be no fundim, r~ecessary by the City. As noted by Mr. DeBlois, the State is being made aware of Sebastian's desire to continue Gibson so that it would connect with Main Street. The CAA outlines eight sections within t~e agreement that must be adhered to in order tbr the property to be acquired and given to the County. It should be noted that even thout~h it is being disclosed that the City wan, ts Gibson Street extended throuv_&, that severe environmental problems ma'q cause this to Ge difficult or expensive if at 7all possible. RECOMMENDED ACTION Adopt Resolution R-96-!,0 authorizing the Mayor to execute the Conceptual Approval Agreement and si~ the Confidentiatiw Agreement. BOARD OF CO UNTY COMMISSIONERS I 1840 25th Street, V~o Beach, Flo~ 32960 Telephone: (407) 567-8000 I %, I INDIAN RIVER COUNTY, FLORIDA ~ ei~%~,~/ MEMORANDUM I TO: Thomas W. Frame, City Menag~r City o~ S~bastian I FRO~: Roland M~ DeBioi~ICp Chie~ Environmental Pianning i Indian River County DATE: June ~?~ i~ I SUBJECT: Request ~or City Execution o~ FCT Conceptual Approval Agreement for County Acquisition of the 'AGC Industrial i ~ Tract Scrub" As a fol~ow-up to,our phone discussion yesterday, attached are 3 originals of the I Florida Communities Trust (FCT) Conceptual Approval Agreement (CAA) for the Atlantic Gulf Commu2ities (AGC) Industrial T~act Scrub County/FCT acquisition project. This +75 ac~e property is located at ~he south terminus of Gibson Street and is within~he city limits of SeDastian (see attached general map). I Earlier this year, the. FCT approved a county grant application for cost-share acquisition of the ~roperty, which is considered by the Fish and Wildlife Service to be a core scrub jay habita~ area, important ~o an overall county/city habitat Conservation Plan (HCP). The County has executed ~he ~=A~, and because the I property is located within City limits, the State requires ~hat ~he City sign the Agreement as well. ~ The County is aware that the City wishes ~o kee~ o~tions ~open for future I improvement of the Gibson Street right-of-way, to establish a ~hrough road. The i request that this item be scheduled for the City Council's consideration and approval. Once the 3 CAA originals (including 3 original Confidentiality Agreements) are signed, please return them to me. I will then forward the I originals to FCT for full execution. extThanks. 258 for. ~Y°ur help. If ~vou have any questions, please contact me at 567-8000, I c~: Robe~t KeRning \r~\laa¢\agc!n~.caa I , I I FCT Contract # FLORiDA CONfiMUNITIES TRUST P56 AWAP,_D# 95-025-P56 I CONCEPTUAL APPROVAL AGREEMENT I..~_~ THIS AGREEM~ENT i/entered into on~~, 1996, the da[e__ the last parry executes this A~eement, bv and between the FLORiDA COM/vffukNiTIES TRUSI I (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and INDIAxN- RiVER COUNTY~FCT Recipient), it local government.~f the State of Florida. The intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain I bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Ftorida~ Law and federal inco,m~e tax law and to I otherwise implement provisions of Sections 259.101, _~75~045, and Chapter ~80, Part III, Florida Statutes (F. S.). WHEREAS, Chapter ~80, Part al, F.S., the Florid.a Co_m_m. un}ned Trust A, ct: c.reat.,e,s a i t I nonregulatory agency within the Department of Commurnty ARi~rs. [l)epartm, .ent),tnar w!n as, s s local governments in bringing local comprehensive plans into compliance anct ~mptemennng tne goals, objectives, and policies of the conservation, recreation and open space, and coastal I elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts bv providing financial assistance to local governments to carry out projects and activities i authorized by the Florida Communities Trust AcT; WHEREAS, Section 259.101(3)(c) of the Florida Preservation 2000 Act provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the I Department of Community Affairs to provide land acquismon grants and loans to local governments through the FCT; I WHEREAS, the Governor and Cabinet authorized the sale and ~ssuanc_e of'.St,a~te of, Florida Department of Environmental Protection Preservation 2000 Revenue 15one, s I WHEREAS, the Bonds are issued as tax-exempt bonds, meamng that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; i WHEREAS, Rule Chapter 9K-4, Florida Administranve Code (F.A.C.),~des~cnb, es the, to procedures for evaluation and selection of lands proposed for acquisition using tunas allocated I the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund; WHEREAS, the FCT Governing Body met on December 14, 1995, to score, rank and I select projects that were to receive Conceptual Approval tbr funding; I CAzAJ95-025-P56 2-8-96 l ! WHEREAS, the FCT Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K-4, FA.C, and more particularly described within this Agreement; WHEREAS, Rule 9K-4.010(2)(f), F.A.C_, authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT Preservation 2000 funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. NOW THEREFORE, FCT and FCT Recipient mutually agree as follows: I. GENERAL CONDITIONS i. At least two original copies of this Agreement shall be executed~y FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida ~2399-~ 100 as soon as possible and before April 1, 1996. Upon receipt of the signed Agreements by FCT, FCT will execute the Agreements, retain one original copy and return all other copies that have been executed to FCT Recipient. If the FCT Recipient requires more than one original document, the FCT Recipient should photocopy the number of additional copies needed, and then execute each as an original document. 2. The name ConceptualApprovalAgreeraent is used to indicate that the project has been approved as a concept that was described in FCT Application #95-025-P56. Since the project site has not yet been negotiated for acquisition, some elements of the project are not yet known, such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant contract between the parties. The Agreement describes activities that will be conducted both prior and subsequent to acquisition of the project site, which is the subject of the application that was submitted and selected for funding by the FCT. 3. Conceptual Approval for funding shall be until November 8, 1996, In the event the project has not been completed in full by November 8, 1996, the Conceptual Approval Agreement must be emended in order that the grant will remain in effect. In advance of the November 8, 1996, date and in sufficient time before a meeting of the FCT governing board that would allow approval of an extension to this Agreement before its expiration, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K-4.010(2)(k), F.A.C. If the FCT Recipient does not request an extension, or if an ex-tension is not granted to the FCT Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT Recipient by the Governing Body shall terminate and all obligations hereunder shall cease. CAA/95-025-P56 2-8-96 2 4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed two (v) years from date the Agreement was approved by the FCT, except as described in this paragraph. If the project is not concluded by February 7, 1998, the project may only be extended if the FCT Governing Body determines that a request for additional time to complete the oroiect is based upon compelling and extraordinary circumstances that would have precluded the ~r~)iect from having been concluded sooner. This two-year hm~tatmn is based upon t,he,FC, T'.s continuine concern at the len~h of time required by many local governments to conclude mexr projects, ~'s well as the Florida Legislature's on-going concern at the rate of expenditure of FCT's Preservation 2000 funds. 5. This Agreement may be terminated before its expiration at the written request of the FCT Recipient. Such a request shall fully describe the circumstances that compel the FCT Recipient to terminate the project. A request for termination should be mailed to the offices of the FCT at the address given in paragraph 1 above. The request for termination will be placed on the agenda of the next regularly scheduled meeting of the FCT Governing Body for concurrence by the FCT. The termination shall be acknowledged by the FCT in a letter to the FCT Recipient. Circumstances may ar/se that, in the analysis of the FCT, warrant termination of the project before its completion. In such an event, the FCT will advise the FCT Recipient of its analysis and will confer with the FCT Recipient on continuation of the projec'~. If the FCT Recipient concurs, a request for termination will be considered at the next regularly scheduled meeting of the FCT Governing Body. 6. FCT Recipient agrees to make diligent efforts to submit the documentation that is required in this Agreement as soon as is reasonably possible to FCT so that the Project Site may be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadhnes associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing Body, may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being voidable. It is the responsibility of the FCT Recipient to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. 7. The FCT Preservation 20~0o0/. award granted to the FCT Recipient will in no event excee,d,,the lesser of FORTY percent (40 ¼) of the final total project costs, as defined in Rule 9K- 4.002(.~ [), F.A.C., or TWO HUNDRED THIRTY ONE THOUSAND TWO HUNDRED AxND 00/100 Dollars ($231,200.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K-4.01 l(2)(a), F.A.C. 8. The grant amount stated,in paragraph 7 above is based on the FCT Recipient's estimate of Total Project Costs in application #95-025-P56, as well as hmits on aw_ard, s ~n the Notice of Application Period announcing the application cycle. When disbursing thncls mr rne project, the FCT will recognize the actual total Project Costs, defined in Rule 9K-4.002(31), F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant CAA/95-025-PS6 reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the maximum approved purchase price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above.. 9. The FCT Governing Body has given ~onceptual Approval for funding to acquire the entire Project Site identified in the F~T Recipient s application #95-025-P56. The Governing Body reserves the right to withdraw the FCT award if the acreage that comprises the Project Site is reduced so that the objectives of the acquisition cannot be achieved. Where the Project Site is comprised of multiple parcels, the Governing Body reserves the right to withdraw the FCT award if the priority parcel(s), identified in the a,c, qu!,sition plan prepared pursuant to Paragraph 4 of Section 1~I below and attached as Exhibit A to this Agreement, cannot be acquired. I 0. The FCT funds shall be delivered either in the form of eligible Project Costs prepaid by FCT to ve.,n, dors or in the form ora state warrant at the closing of the Project Site to the Seller or the Seller s designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State, or to the FCT Recipient to the extent expended by the FCT Recipient in excess of any local match FCT Recipient to the extent expended by the FCT Recipient in excess of any local match required. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT award that corresponds to the parcel being closed. FCT will prepare a grant reconciliation statement prior to the closing of the Project Site parcel that will evidence the amount of local match, if any is required, provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible Project Costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 11. The FCT Recipient°s local match, if any is required, shall be delivered either in the form of eligible Project Costs prepaid to vendor~ by the FCT Recipient, or in the form of cash, eligible donation of land value or FCT Recipient s warrant at the closing of the Project Site. l~f the ?roject Site is comprised of multiple parcels, the FCT Recipient shall deliver at the closing of each parcel the share of the local match, if any is required, that corresponds to the parcel being closed. The cash expended by the FCT Recipient for eligible Project Costs incurred by the FCT Recipient conducting acquisition activities will be recognized as part of the local match, if any is required, on the reconciliation statement prepared pursuant to paragraph 10 above. In the event FCT Recipient's application #95-025-P56 represents that land is the source of local match, if any is required, the value attributed to the land local match, if any is required, shall be determined atIer an appraisal report that complies with the procedures and requirements set forth in Rule 9K- 6.007, F.A.C. CAA/OS-025-PS6 12. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series P56 Funding Cycte on September 14, 1995, at which time the Project Site became ora list of lands that were approved for consideration for land pan acquisition. If action initiated by the FCT Recipient that is the local government having jurisdiction over the project site, subsequent to September 14, 1995, results in a governmentally- derived value due enhanced and best the FCT activities will higher tO highest use, acquisition be terminated unless the seller agrees that the appraisal will be done at the highest and best use of the Project Site on or before September 14, 1995. lo. FCT Recipient hereby notifies the FCT that the following individual is the authorized key contact, or project manager, on behalf of the FCT Recipient for purposes of coordinating project activities for the duration of the project: Name: Title: Address: 14. This Agreement may be amended at any time prior to FCT giving project plan approval to the FCT Recipient. Any amendment must be set ibrth in a writ-ten instrument and agreed to by both the FCT Recipient and FCT. fl. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION 1. As was requested in the letter from FCT to FCT Recipient dated December 20, 1995, the FCT Recipient must provide FCT with copies of the Property. Tax Identification cards for each parcel that comprises the Project Site no later than February 8, I996. 2. The FCT Recipient hereby notifies the FCT that fret g~'-~?~l~m- ~,as.m- ...... [note: elect either FCT, FCT Recipient or FCT Recipient Agent] will be the party responsible for all negotiation and acquisition activities. The parties agree that mutual agreement as to the terms of the real estate contract is in the best interest of both parties and agree to share all information regarding the acquisition of the project site. In particular, the parties agree that prior to initiation of negotiat~ns with owner(s), the appraisal(s) and appraisal review memoranda will be provided by the party responsible for all negotiation and acquisition activities to the other party. As was requested in the letter from FCT to FCT Recipient dated December 20, 1995, no later than March I, 1996, the FCT Recipient must deliver to FCT a written statement Project property owner(s) evidencing owner(s) willing to an from the Site that the is entertain offer from the FCT Recipient and FCT. CAA./95-025-P56 2-8-96 5 ! 4. Pursuant to Rule 9K-4.010(2)(j), FA.C, in the event the Project Site is, comprised,,_ of multiple parcels, FCT Recipient will provide an acquisition plan attached as Exhibit A and made a parr of this Agreement. The acquisition plan must be approved by FCT prior to the commencement of negotiations for any parcel in the Project Site. The acquisition plan addresses 1 the order in which the Project Site parcels will be acquired and the measures that will be taken to assure that the entire Project Site will be acquired with the FCT Preservation award to the FCT Recipient. Approval of the Conceptual Approval Agreement, with the acquisition plan attached 1 as Exhibit 'A", shall constitute approval of the acquisition plan by FCT. April 1, 1996, the FCT Recipient shall execute a Confidentiality I 5. No later than Agreement pursuan,t, t,o,, Rule 9K-6.010(5), FA.C. A sample of a Confidentiality Agreement is attached as Exhibit B '; an Agreement specific to this project will be prepared by FCT for execution by the FCT Recipient. This Confidentiality Agreement is not a part of this Agreement 1 and may be amended without amending this Agreement, if needed. 6. By execution of this agreement, the FCT Recipient affirms that: I a. the FCT Recipient is ready, willing and able to provide the local match, if any is required; b. the FCT Recipient reaffirms the representations made in FCT Application I #95-025-P56; c. the FCT Recipient shall, on the anniversary date of the approval of the 1 project plan by the Govermng Body, prepare and submit to FCT an annual report as required by Rule 9K-4.01.~," F.A.C. d. the FCT Recipient authorizes the individual named in this paragraph to execute all documents in connection with this project on behalf of the FCT Recipient, including but not limited to the Conceptual Approval Agreement or any addenda thereto, purchase 1 agreement for the property, grant reconciliation statement, closing documents, statements submitted as a part of the project plan, and Grant Award Agreement pursuant to Rule 9K- 6.014(6), F.A.C.: I Name: ~ ~,. Address: l~r~,~ mv~. ~, ! 1 III. PROJECT PLAN APPROVAL 1. Prior to closing of the real estate transaction and final disbursement of award funds by FCT, the FCT Recipient must prepare a project plan that complies with Rule 9K4.011, F.A.C. This project plan is a compilation of the following items listed below, which must be reviewed and approved by FCT a meeting Governing Body. event Recipient a in of the In the that the YCT is partnership, the FCT Recipient must provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its project plan. The project plan shall include, and shall not be considered by FCT unless it includes all of the following: a. A purchase a~eement for acquisition of the Project Site, executed by the property seller and the FCT Recipient, that is based on an apr>raisal or appraisals prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and be otherwise consistent with the provisions of that rule chapter and in a form and with terms that are acceptable to FCT. (See Paragraph 1 of Section iV below) b. A management plan that, complies with the following: written according to Exhibit C (FCT Technical Assistance Bulletin #2--Writing a Management Plan), which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria and conditions set forth in Section V, VI, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to further the purpose of the project, contains a description of all planned improvements to the Project Site, identifies the costs of management and site and identifies the and its funding source. improvement and funding sources, management entity If the FCT Recipient is not the proposed managing entity, the project plan must include a signed agreement between the FCT Recipient and the managing entity stating the managing entiry's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. c. A statement of the total Project Cost, including all non-recurring costs of project development. d. A statement of the amount of the award being requested from the FCT. e. A statement from each local government in whose jurisdiction the Project Site is located that the project plan is consistent with the local comprehensive plan. f. Evidence that the conditions imposed as part of the Conceptual Approval Agreement have been satisfied. CAAJ95-025-?56 2-8-96 7 g. An affidavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. 2. The FCT strongly encourages the FCT Recipient to request a courtesy review of its entire project plan, but especially its management plan, well in advance of the meeting of the FCT Governing Body where the project plan will be considered for approval and funds will be authorized for disbursement. As a part of its duties to the Governing Body, FCT Staff will make a recommendation of approval of complete and accurate project plans or disapproval of incomplete or insufficient project plans. FCT Recipient is strongly urged to coordinate with the FCT staff in order that the FCT review of the management plan coincides with both the anticipated Governing Body approval and the closing date of the real estate transaction(s) associated with the project. ' 3. Pursuant to 9K-4.01 l(2)(h), F.A.C., FCT shall withhold pr?ect plan approval if the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient s partner is, for any reason found not in compliance by the Department after conceptual approval has been granted bv FCT, unless the FCT Recipient has executed a Compliance Agreement (formerly called a ' stipulated settlement agreement) with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued to pursuant to Section 163.3184(8), F.S. 4. Pursuant to Rule 9K-4.010(_~)," F.A.C., the FCT shall publish a Notice of Approval for Preservation 2000 Funds in the Florida Administrative Weekly that shall list each project plan that has received approval tbr funding and the amount of funding approved. Any person with a substantial interest that is or may be determined by the decision of the FCT to reject or approvethe project plan may request an administrative proceeding pursuant to Section 120.57, F.S. within 21 days from publication of the Notice of Approval for Preservation 2000 Funds. Real estate closings associated with the project may close only after expiration of the 21-day notice period, so long as no requests for an administrative proceeding have been filed. IV. PROJECT SITE ACQUISITION REQUIREMENTS I3'Ii~OSED BY CltAPTER 259, Ctt_APTER :375, AND CttAPTER :380, PART l. li, F.S. FCT RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body approves and executes the purchase agreement for acquisition of the Project Site, further described in Section III. l.a. above, to which FCT is a party. CAA/OS-025-P56 2. Title to the Project Site shall be titled in the FCT Recipient, unless the FCT Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Internal Improvement Trust Fund (Trustees). Such request shall be subject to the approval of FCT and the Trustees. The FCT Recipient hereby elects that title to the Project Site shall be vested in ~tn~ ~,v~a. ~u~,rr¥ [Note--insert either the name of FCT Recipient or Board of Trustees of Internal In~provement Trust Fund]_ If the FCT Recipient elects that title shall vest in the Trustees, then all acq.u~isition activities shall be administered by the Division of State ds as specified in Section 250.025, F.S., and Rule 18-1, F.A.C. L3' The transfer of title to the FCT Recipient for the Pro(oct Site shall not occur until an the requirements for the acquisition of lands, as specified in Section o 80.507(11), F.S., and Rule Chapter 9K-6, F.A.C., have been ~ully complied with by the FCT Recipient and FCT. 4. Any deed whereby the FCT Recipient acquires title to the Project Site shall contain or be subject to such covenants and restrictions as are, at~ minimum, ~fficient to ensure that the use of the Project Site at all times complies with Section o75.045 and o75.051, F.S.; Section 9, Article )Gl of the State Constitution; applicable were the bond indenture under the Bonds issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. Such covenants and restrictions as are described in this paragraph shall be in the form of a Grant Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval Agreement and recorded at the time of closing of the Project Site. The recordable Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the recordable Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the real estate closing of the Project Site. 5. The Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 4 above and describing the real property subject to the Agreement shall be executed by the FCT and FCT Recipient at the time of the conveyance of the Project Site and shall be recorded in the county in which the Project Site is located. 6. If any essential term or condition of the G, rant Award Agreement is violated, and the FCT Recipient does not correct the violation within o0 days of written notice of violation, title to all interest in the Project Site conveyed to shall be the Board of Trustees of the Internal improvement Trust Fund. The deed transferring title to the Project Site to the FCT Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 7. The interest, if any, acquired by the FCT Recipient in the Project Site shall not serve as security tbr any debt of the FCT Recipient. CAA/95-O25-P56 ! 8. If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of · Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. I 9. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site must be specifically designated in the management plan approved by the FCT as a part of the project plan. i V. OBLIGATIONS OF TFIE FCT RECIPIENT AS 1 A CONDITION OF PROJECT FUNDING Following the acquisition of the Project Site, the FCT Recipient shall ensure that I 1. the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT · Recipient's comprehensive plan is required, the amendment shall be proposed at the next l comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project Site's acquisition. I 2. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. I 3. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the management I plan approve by the FCT as a part of the project plan. · 4. FCT staff or its duly authorized representatives shall have the right at any time to I inspect the Project Site and the operations of the FCT Recipient at the Project Site. buildings, structures, improvements, and signs shall require the prior written I 5. All approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. CAA/95-025-P56 1 ! ! VI. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE~USE OF BOND PROCEEDS 1. FCT is authorized by Sections _~75.045(4) and 380.510(7)(a) and (b), F.S., to impose conditions for funding on FCT Recipient in order to ensure that the project complies with the requirements for the use of'Preservation 2000 Bond proceeds including without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, atker its acquisition by the FCT Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 days advance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. FCT Recipient agrees and acknowledges that the following transactions, events, and circumstances may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The FCT Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to any person or organization; b. the operation of any concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. The foregoing are collectively referred to as the "Disallowable Activities." ~CAA/OS-025-P56 VII. D[SALLOWABLE ACTIVITIES/REMEDIES In the event that FCT determines at any time or from time to time that the FCT Recipient is engaging or allowing others to engage in DiSallowable Activities on the Project Site, the FCT Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to Disallowable Activities on the Project Site. Nothing herein shall be deemed a waiver of the FCT Recipient-'s sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against FCT Recipient for any Disallowable Activity on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEM:ENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEM:ENT OF TI--~ PROJECT SITE WILL IN NO WAY RELIEVE TS-ZE FCT RECIPIENT OF THE RESPONSiBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. VI-II. CONDITIONS PARTICULAR TO THE PROJECT SITE TItAT MUST BE ADDRESSED IN THE ;MANAGEMENT PLAN The management plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Paragraph 1.b. of Section III above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the management plan shall address the following conditions that are particular to the Project Site and result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-4.010(2)(f), F.A.C.: 1. The FCT Recipient shall provide outdoor recreational facilities including nature trails, picnic areas, a boardwalk, restrooms, informational displays and limited parking on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the Project Site without causing harm to those resources. 2. The timing and ex'tent of a vegetative survey of vegetative communities and plant species on the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project Site. CAA/95-025-P56 ~8-96 12 3. The sand pine scrub, xeric oak scrub, scrubby fiat-woods and wetland communities that exist on the Project Site shall be preserved and appropriately managed to ensure the long- term viability of these vegetative communities. 4. The Project Site shall be managed in a manner that optimizes habitat conditions for listed wildlife species that utilize or could potentially utilize the Project Site, including the gopher tortoise, Florida scrub jay and Florida scrub lizard. The FCT Recipient shall coordinate with the Florida Game and Fresh Water Fish Commission, and the U.S. Fish and Wildlife Service, on the management of the Project Site for the protection of listed species and listed species habitat. The FCT Recipient shall also conduct periodic survevs of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat. 5. The FCT Recipient shall work in conjunction with the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service to implement the Habitat Conservation Plan currently being developed to protect scrub ha~bitar within Indian River County. 6. The FCT Recipient shall remove approximately 1.~ acres of invasive exotic vegetation from the perimeter of the freshwater wetland and the remainder of the Project Site. 7. Pr/or to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources, in order to prevent the disturbance of significant sites. 8. The FCT Recipient shall ensure that the Project Site and listed animal species and their habitat are sufficiently buffered from the adverse impacts of adjacent land uses. 9. A vegetative analysis of the Project Site shall be performed to determine which areas of the Project Site require mechanical clearing or a prescribed burning regime implemented to maintain natural fire-dependent vegetative communities. The FCT Recipient shall coordinate with the Division of Forestry and the Game and Fresh Water Fish Commission on the development of a prescribed burn plan for the Project Site. 10. The FCT Recipient shall remove all trash and debris from the Project Site. [ 1. Access to the Project Site by pedestrians, bicyclists and persons on non-motorized vehicles shall be promoted except in those areas where resource protection considerations warrant limiting access. 12. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. CAA/95-025-P56 ~ 8 96 13 ..I This Agreement includin= Exhibits "A", "B" and "C" embodies the entire agreement between the parties. ~ '~ i IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. I INDIAN RIVER COUNTY FLORIDA COMMUNITIES TRUST By: ~~..4~ ~ ~C~~ By:~~ I Name' ~, ~'~e~2~,,,~ ' · · __. James F. Murtey, Chair Accepted as to Form and Legal Accepted as to Form and Legal I Sufficiency:j ~ Sufficiency: ,' . [ ~./" . , s counsel Date: ~ 7 - V ~, Date: I ! CITY OF SEBASTIAN i Date: I Accepted as to Form and Legal I Sufficiency: Date: CAA795-025-P56 i i Acquisition Plan FCT p_ojec~ umbe_: FCT Pro'ject Name: Nu=e 9K-4.010(2)(j), Florida Administrative Code, A_ads as follows: rf the project site is comprised of ~u!tip!e parcels, the 2DD!ican%, in conjuncnion with the Trus~ staff, snell develo~ an accuisition plan to be made a Dar~ of the ConceDnua± ADOrov~l Agreement. The plan shall identify the priority u~ce!s, the ceneral order in which parcels will be acqulred ~nd 5ne measures %ha5 will be taken to assure ~hat all reasonable effort is made to secure Uhe entire project Florida communities Trusn (FCT) staff will review the acqu~sln~on the of the project can be achieved in plan to assure that purposes ~he evenu all parcels can no~ be acquired. Is your site comprised of multiple parcels? (yes or if You answered yes, please complete the fol!ow!ng !nrormat!on. Use'add~-icna~ paDe~ or attachments if needed: Identify the priority parcels needed =o achieve =he purposes ol the ~rojec~- identi~y the cener,l order in which parcels will be accfuired. identify the measures tha~ will be taken ~o assure ~ha~ all reasonable effor~ is made to secure the entire project s=te. ?repared ~v: Approved by FCT Staff: Da~e: Date: CONFIDENTIALITYAGREEMENT i This is a Confidentiality Agreement (,'Agreement") pursuant to Rule 9K-6.010(5), Florida Administr=tive Code (F.A.C.). I Parties to the Confidentiality Agreement: ("FCT Recipient ), a State of Florida, and the i Fl'orida Communities Trust ("FCT".), a nonregulatory agency within the Department of Community AffairsI Parcels covered by this Agreement. This Agreement covers all I Darceis identified as part of the project site in FCT application ~ that was selected for funding and is governed by a Conceptual Ap-- Droval Agreement for FCT Project Number I (,'Project Site")'. Confidentiality: a) Pursuant to Rule 9K-6.002(17), F.A.C., the term i ,,Confidential" refers to information that shall not be available for public disclosure or inspection and ~s exempt, from the provisions of Section.!lg.07(1), Florida Statutes (F.S..). i b) ~ The FCT Recipient and its agents shall maintain the confi~en~iaiity of all appraisals, offers, and counteroffers as requi~ed by Section 125.35%(!) (a), F.S., for counties, or Section i !66.045(1) (a), ~.S., for ~u~icipalit~S~l~~ lUu!~ C~aoPn~e~i~i F.A.C. The ~CT Recipien~ may ~1~ i information only to the individuals lis~ed herein below. c Requests to add persons to the disclosure list must be I consent of the FCT Executive D_reczor an the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the list. I d) T~ undersigned,board members and staff of the FCT Recipient ( FCT ReciDient ) and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and i ~ounter-offers concerning FCT Pro~ect Number. ____------~--~ .as ~ · ...... ~-- '~= ~=5 ~!~ ~a% F S , for counties, or Section I F.A.C., and by this Confidentiality Agreement between Recipient and FCT. = e) The undersigned certify ~hat they have no legal or I beneficial interes~ in the Project site. Date FCT Recipient Board Member, Signature m Staff or Agent' name -- ! ! ! ! ! ! ! FCT RECIPIENT ITIES TRUST By: .... By:~ __ __ m (Name) Anne Peery, EXecutive Its: Director Date:__ __ __ Date:__~ m ! Approved as to Form and Approved as to Form and Legality: Legality: . Y:~ By: ..... m Trust counsel m ! ! ~v. 2/22/95 i EXI iB IT C ooo csc Technics! Assistance Bulletin: 02 Writing a Management Plan The conceDtua! management plan submitted as a part of a Florida ~rust ("~CT") grant application or propose! serves as a basisC°mmunit~aSfor =he management plan for project sites purchased with funds from FCT. Materials and information gathered for the application or prcposal can a~ should be reflected in ~he plan where apuroD~iate. Conditions requited in the Conceptual Approval Agreement or Gran~ Agreement should be incorporated in the management plan. Location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, %he recorded deed when i~ becomes available, and other supporting documents should be included as exhibits or included in the apDend~ of 5he management plan for future readers. The ~cllowing general o~t!ine identifies the range of issues to be addressed in the management plan, where applicable. I INTRODUCTION AND GENERAL I~ORMATION Provide a table of cont-nts of the management plan. Provide information including the name of the project, the location of the Project Sine, and other general information such as a brief resource description, and historical information relevant to site management PURPOSE OF THE PROJECT AND HA/TAGEMENT Discuss the purpose for acquiring the Project Si~e and proposed future uses consistent with statements made in the application or propose!. Provide a sumunary of the comprehensive plan directives that would be furthered by managing the site as proposed. Commitments made in the application or proposal and reinforced by conditions of the ~rant funding m~st be reflected'in the management plan. rde~fy the principle objectives for managing natural resources and compatible outdoor recreation. identify a procedure to amend the land use designation to conservat~c~, outdoor recreation, open space, or other similar category once the land acquired. - ' ' Include provisions to ensure that ~he Project Site is identified in all signs, literature, and advertising as being publicly owned, open public and operated as a natural resource conservation area, outdoor ~ecreation ~rea, or other appropriate descriptive language, ~nd ~dentifying the Projecu si~a as ha~in~ been purchased with funds from ~he =CT and the Recipient. rev. 3/94 .~.~. ! SITE DEVELOPMENT, IMPROVEMENTS ~ND ACCESS Incorporate a provision for requesting written approval from uhe..FCT before undertaking any site alterations or physical improvements that are not addressed in the FCT approved management plan.physical Improvements: identify and locate existing and proposed physical improvements to the Project Site on a master site plan. These might include such things as signs, fences, walkways, recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas and buildings. identify any proposed alteration of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species. Identify any permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. Include the placement of at least one sign iden=ifying the Project Site as being open to the public, purchased with funds from FCT and the Recipient, operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language. Access: Identify how access to the Project Site will be provided. For example, are parking places proposed on-site, and if many spaces or how much area will be devoted to this use? If parking is not proposed on-site, are there existing or proposed spaces adjacent to or sufficiently near the property? Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. Access to Project Sites should be compatible with all state and federal · construction standards, including the Americans with Disabilities Act. Easements, concessions, or leases: Identify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted on the Project Site, such proposed arrangements need to be identified. These might include utility rights- of-way, f!owage or access easements, recreation or supply concessions, and leases or other instruments ~hat would allow grazing, timbering, agriculture, or other revenue producing enterprises. Include a procedure to provide 60 days prior written notice and information regarding any lease of any interest, the operation of any concession, any sale or option, any use other ~han by a member of the public, and management contracts of the Project Site with non-governmental persons or organizations. KEY MANAGEMENT ACTIVITIES Maintenance: identify recuired maintenance ac~ivi~ies,~ ~ including but not limited to, trash rem~va!~ site cleanup, and facilities upkeep, identify the entity responsible for property m~in~enance. Identify procedures to ,.~ ensure that ~mping of trash or hazardous material does no~ occur on or ~~ adjacenU =o ~he Project Site. iden~ifv contemplated service contracts ~rev. 3/94 2 with private concerns such as garbage removal, restroom cleaning, security g~ards, etc. security: Identify the paruies responsible for preventing vandalism, and other property damage, identify measures to. protect the trespassing, Project Site and the public using the site such as on-slta manager, security guards, neighborhood watch, emergency phones, etc. ~ ~' c' hr'fy the e ectad st~ffing requirements for management S~af_zn_. Ida. 1 _ xp - the Project Site including both permanent and volunteer staff. Natural resource protection. Identify resources _ the natural at the Project Site and the issues, problems, and proposed management techniques associated with protection of those natural resources. Management techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection or, geological features, protection of surface water and groundwater quali~y and hydrology, and prescribed burns. Identi~v monitoring activities to insure the continued viability of vegeta~-~ve communities and listed species found on the Project Site. The monitoring plan should include periodic surveys of the vegetative communities, listed plant species, and !istad animal species found on the Project Site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. . Resource restoration and enhancement. Identify the primary component~ of the Project Site enhancement and restoration effort, if any. These mlgh? include removal of invasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface waUer quality, for listed species, and restoration of uplands habitat. recovery plan This section should include a time fram~ for implementing and completinq th~ activities and a monitoring program ~o insure success of the resource annancem~t activities. Identify parts of the property that require d~'~ferent degrees or types of enhancement management. Archaeoloqical and historical resource protection: Identify any archaeological or historical sites on the Proje~ Site and the primar~ components of managing the archeological or his~oricai sites. Outlin- procedures to protect archeological or historical sites that may be ~dentified in the future. Incorporate a provision that if any archaeological and historic re~0~r~s are ~iscovered at the Project Site, ~he Recipient shall comply wlun provisions of Chapter 267, Florida Statues specifically Sections 267.06! (2) (a) and (b). Provide for coordination with the Division of Historical Resources, Florida Department of State. Coordination: Explain how the management of the site will ~e coordinated with other adjacen~ ~and owners a~d other resource protecSion agencies. For example, in the ~ase of prescribed burns, what measures will be used to minimize impacts on nearby residential properties? Identif~ measures to protect the Project site from adjacenn off-site activities ~hat might impact resources on the Project site such as pesticide spraying ~n adjacent proper~, w~er treatment facility discharging into creens flowing through ..ojec~ Site, etc. -- r=v 3/94 3 Include . provisions to coordinate wi. th 0~her a~ = .... :~s.~ Co~ission and U.S. F~sh ~,~ ~_~~_ _- =j~= ~ame an= fresh Water lis%=d species- t~ ...... j$ ~ ....... =~-~= oervlce ~o avoid impacts -~ ~nv!ronmental P~otec~ion to e~=~-~ ~-- - ~ ~ =n= uepar~ment of - ' * ..... ~=~ ~eve±opment of the Project Site mone in a manner to protec~ or improve water ~ual'' - . . · · Forestry and Zh~ Game ~ ~ ~.= ..... r _ l=y, the D!V!SlOn o implementation of a ~rescribed = .... 'lsg. Co_mmlsslon on the ~l . . .w mu=n program; o=ner loc ~era± agencies specla! management plans, if appropriate,al' state, or COST ESTIHATE AND FUNDING SOURCE Identify the estimated costs of the various deve!o ment activities outlined in ho ............ P and management purposes, the est!mated costs should be = ..... '=-' . _ ~?_=ew and ana!ysls ~ . . =. . . . ~=~==~-u ln=o ~ne same ' as ~he ~dent~!ed actlV!tles, categories Identify the entity that will Day for deve]onment =,~ ........ Pro,eot Site and some ........ ' ...... Z ~ .... ~,,=~=~ement of the =. ~ . ~ ~,,==o~== u~ une co~a~lt~e~t or ca acit :nese mon~es = P y to Drov!de -- . =or extol_ ade at . n~ =-~ ~__,__~. : , ~ e personnel and resources In the loc ~ ..... . =j=. =~=-=au~on aeparnmen= may ex!st to address the a al assoc~ane~ w!th the Pro~ec+ o~ ....... dded burden ~ ~ o=u=. i~e~=lry any citizen ' .. non-~rof~t grouns co~itt~ ...... ~. . - organization or ~ ~' . = ~ ~ w~v~=l~g se~lces or f~din= and o~ ~o~tment or capacity to provide these services. ' ~ a measure PRIORITY SCHED~E ~den~lfy .a p~o~o~ed time line for imDiementing the develo men anagemen= ac~2vities of the mana~em~-- -- _ - _ P ~ ana prkorities and the .... ;~2~]~_ = ~ _ ~ pman mase~ on established ~ ..... ~. ~-=~=~-~y o~ r~n~s. Provide a ~aDh~c ~1~ ~n~ Implementation time lines. =- - .... ~ ~QNITORiNG the manacement ~]an such -- ~- - - - -- = = _or~h in ~ .~ . ~- =~ _n~ percentage or property restored, inventorv Or specles us!ng the Project Site, etc. idenUifv Droceaur~s ~ amendment to the management plan, when a~i--~:-~ _ .-~ for pe_To~ic acknowledging responsibility for mrenar~n~':~ * ...... ~ ~ ~e.a ~rov _ the mCm. due on -~ .... ~ ...... ~ T .- ~ ~ ~'==~ ~ewardshlp report Ku approved by FCT. - ........ · ~= ~ro]ecn ~=an ~as ~he Florida Co--unities Tr~s= ~,,, 2740 Centerview Drive Tallahassee, FL 32399-2100 SunCom 2~2-2207 rev. 3/94 4 i Conc~act No: FCT Project No: 95~Q25-P56 CONFIDENTIALITY AGREEMENT ~h~s is a Confiden~ia!itv Agreemen~ ("Agreement") pursuant to Rule 9K-6.010 (5) , Florida Administranzve Come (~ .A.C.) . ~c~~T~^N~ Recipient"), ~ political subdivision~within ~he state of =!orida, and the Florida Communities Trus~ ("FCT"), a ncnregu!atory agency wi=hin~ the Departmenm of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of =he project site in FCT ampiication 95-025-P56\AGC iN-DUSTRrAL T~ICT SCRUB =hat selected ~r funding and is governed by a ConcemUua! Approval Agr_ement for FCT Project Number 95-025 P56.lAGC INqDUSTRIAL TRACT SCR~("Projec~ Site"). Confidentiality: a) Pursuan~ to Rule 9K-6.002(17), ~.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section !19.07(!), ~lorida Statumes (F.S.) . b) The FCT Recip~en~ and i~s agents shall maintain the confidentiality of all apuraisais, offers, and counterof~rs as required by Section' 125.355(!) (a), F.S., for counties, or ~ecZion !66.045(!) (a), F.S., for municipalities, and Rule Chapter 9K-6, F A C The Recipien~ may disclose such confidential . . . ~ , . , ] ~ in~o~mamion only ~o mhe ~ndmv~dua_s !_smad he___n below. c) ~a~esms ~o add me.sons ~o the d~sclosure ~U~ be made in wriZing and the FCT Recipienm musm receive the wrizzen consen~of the FCT Executive Di~ec~or~and~ _e~ui__mencs~ecu~= ou~!inedan A~dendUmabove~O ~he Agr_eme~t. All confidennia!ity shall amply ~o individuals added to the !isZ. d) The undersigned board members and staff of the FCT Recipient and its agents, if any, acree to maintain the confidentiality of appraisal information, offers and count~r-offe~ concerning FCT Project Number 95-025-P56kAGC INDUSTRIAL T~.CT CONFiD/FCT~ 95-025-P56 ~, as r_quir,d by Section 125.355 (!) la), F.S., for counties, or Section 166.045 (1) (A) , F.S. , for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the FCT Recipient and FCT. e) The undersigned certify that they have no legal or beneficial interest in the Project Site. ~ Date FCT Recipient Board Member, oigna5ure Staff or Agent name INDIAN RIVER CO~-NTY CITY OF SEBASTIAN ~R~O ~ c~v~T~. Coa~s~mN.~ ,,, ~..,~e. ~----.S .(7~~.~. ~:-~e~--- -- (Name) its: Da~e: .... ~i.//~,/~'~'~'· Acceptedsufficiency:as to Fo~ and Legal Approved as ~o Form and Date: Legality: FLOK~DA CO~ITIES TRUST By:~ ~ne Peery, mxecu~ive Director Date: ~~ -- AOproved as to Form and L~ga Trus~ Counsel CONFID/FCT~ 95-025-P56 REV. 2/23/95 ! · ! RESOLUTION NO. R-96-50 I A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE M. AYOR TO SIGN AND I THE CITY ATTORNEY TO ACCEPT AS TO FORUM AND LEGAL SUFFICIENCY, ON BEHALF OF TIlE CITY, z-~N AGREEMENT I AMONG, FLORIDA COMMUNITIES TRUST, THE CiTY OF SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT BEING A CONCEPTUAL APPROVAL AGREEMENT AND A I CONFIDENTIAL~ AGREEMENT ON REAL PROPERTY KNOWN AS "AGC INDUSTRIAL TRACT SCRUB" PROVIDiNG FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR i PARTS OF RESOLIYl3[O. NS IN CONFLICT ~REWlTtt; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE I DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE I CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor of the City of Sebastian, Indian River i County, Florida, is hereby authorized to sign and the City Attorney accepts as to Form andI legal sufficiency on behalf of the City the Conceptual Approval Agreement and the Confidentiality Agreement I Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith i are hereby repe~aled, i ~. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City I Council of the City of Sebastian did not intend to enact such invalid or unconstitutional i G , i 'provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~_e_c_fi__9ll~. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member ~. The motion was seconded by Council member ~ and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this day of 1996. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Louise R. Carrwright, Mayor Kathryn M. O Halloran, CMC/AAE l' City Clerk (Seal) Approved as to Form and Content: ?Sth AVE II JIii ~'0 OI =' Illlllil I City of Sebastian 12_,5 MAIN STREET E SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-,5330 Z, FAX (4.07) 589-5570 i SUBJECT: Master Agreement ) Agenda Number: ~, with CRA Engineering, Inc. ) I ) Dept. Origin: Community Dev. ) ~ I Approval for Submittal By: )) Date Submitted: 07~2~96 ~.. ] .f~_. ) For agenda Of: 07/10/96 i C iW Manager ."/IAru. z.~ ,[ o..~, \ ~ ) Exhibits: 1. Master Agreement ) with CRA I ) Engineering, Inc. ) 2. Resolution R-96-52 I EXPEND ITURE .MYIOUNT APPROPRIATION I REQUIRED: BUDEGETED: REQUIRED: I SU~,M. ARY S.T~TEMENT The City has selected CRA Engineering, Inc.. to provide consulting services for the design I and construction of improvements financed in whole, or in part, bv the Community Development Block Grant. I The staff has successi\dly completed negotiations with CICA Engineering. Attached is a master professional services agreement. [t provides that the City may engage the consultant to perform professional services. An individual supplemental agreement will be I prepared ['or each individual assignment. This allows the City greater control over exactly what will be accomplished, but does not require that e.,a. ch work task be identified in the beginning. Each of the supplemental agreements will spell out the work to be done, the I cost and must be reviewed and approvect by the City Council. I , RE COMMENDED ACTION ;~T~au®~.,,~ the mayor to sign, and the City Clerk to attest, the Master Pro/'essional IServices Agreement with CRA Engineering, [nc. , ! RESOLUTION NO. R-96-52 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SiGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A MASTER PROFESSIONAL SERVICES AGREEMENT BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR REPEAL OF RESOLUTIO. NS OR PARTS OF RESOLUTIONS .IN CONFLICT HEREWITH, PROVIDING FOR SEVERABiLITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian entered into Contract Number 96DB-1E-10- 40-02-C06 with the Florida Department of Community Affairs to obtain Community Development Block Grant (CDBG) funding; and WHEREAS, the City of Sebastian desires to engage a consultant who has special and unique competence and experience in providing the design and construction of improvements financed in whole, or in part, by a CDBG; and , WHEREAS, the City of Sebastian has complied with the Consultant s Competitive Negotiation Act: and WHEREAS, the City of Sebastian has selected CRA Engineering, Inc. as a qualified firm to perform the required services; and WHEREAS, the staff of the City of Sebastian has successfully completed negotiations with CRA Engineering, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1, AGREEMENT, The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of Sebastian, the Master Professional Services Agreement~, between CRA Engineering, Inc., and the City of Sebastian, attached hereto as Exhibit "A . Section 2. CONFLICT. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILiTY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall' be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFCTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember · The motion was seconded by Councilmemeber ~ and, upon being put to a vote. the vote was as ~bllows: Mayor Louise R. Cartwright Vice-Mayor Walter W, Barnes Councitmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this day of ,1996. - ~CITY OF SEBASIAN, FLORIDA By: ATTEST: , Louise R. Carrwri=ht, Mayor Kathryn M. O Halloran, CMC/AAE City Clerk (Seal) Approved as to .Form and Content: City Attorney