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11-04-2024 CC Agenda
ti SEBASTIAN (10119HIAt (1tt6RAT10N 1914.1014 CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT AGENDA MONDAY, NOVEMBER 4, 2024 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Vice Mayor Dixon 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require an unanimous vote of City Council 6. PROCLAMATIONS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. 6A. Presentation of the US Flag flown over the US Capitol to Celebrate the City of Sebastian's Centennial by Congressman Bill Posey's Office ?1st Annual Sebastian Clambake in Riverviewy Park Fr•idav, November 8 - 31)m to 9pm Saturday. November 9 - I lam to 9pm Sunday, November 10 - I I am to Spnt Mondav, November l I - Veterans Day Ceremony at Veterans Memorial in Riverviot, Park - 11 ant Saturday, November 16 - Sebastian River Art Club Sho►v in Riverview Park - 10ant to 3prrt Fridav, Arovember• 23 - Chamber of Conunerce Finally Friday on Cleveland Street - 6pnt to 9pm SEBASTIAN (ENTENNIAI (FnBRATION 1914-1014 CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT AGENDA MONDAY, NOVEMBER 4, 2024 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Vice Mayor Dixon 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require an unanimous vote of City Council 6. PROCL.AMATIONS, AWARDS, BRIEF NNO iN E ENT Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. 6A. Presentation of the US Flag flown over the US Capital to Celebrate the City of Sebastian's Centennial by Congressman Bill Posey's Office BriefAnnouncements: 21 st Annual Sebastian Clambake in Riverview Park Friday, November 8 - 3pm to 9pm Saturday, November 9 - Ilam to 9pm Sunday, November 10 - I I am to Spm Monday, November 11 - Veterans Day Ceremony at Veterans Memorial in Riverview Park - Ham Saturday, November 16 - Sebastian River Art Club Show in Riverview Park - l0am to 3pm Friday, November 23 - Chamber of Commerce Finally Friday on Cleveland Street - 6pm to 9pm 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF ADJUSTMENT MEETING pg:7-la 8A. Draft August 28, 2024 Board of Adjustment Minutes Staff Report Draft August 28, 2024 BOA Minutes pgs 15-21 8B. Draft September 11, 2024 Board of Adjustment Minutes Staff Report Draft September 11, 2024 BOA Minutes Quasi -Judicial Public Hearines: Mayor opens hearing and invites the Public to complete speaker oath cards Attorney reads variance request City Council Members disclose ex pane communication Applicant makes their presentation Staffpresents theirfendings City Council asks questions of applicant or staff Mayor opens the floor for anyone in favor of the request Mayor opens thefloorfor anyone opposing the request Applicant provided the opportunity to respond to issues Staff provided opportunity to summarize request City Council deliberation Mayor calls for a motion pgs 22-107 8C. Appeal of an Administrative Determination regarding a Denial of a Landclearing Permit for 33.23 acres for Sebastian Overlook Subdivision/Sebastian Highlands Unit 17 - Hawkins Project 1, LLC, Appellant Staff Report.docx Landclearing Permit #24-3711 Zoning Denial Letter from MyGov Permitting System Staff - Exhibit A - Cover Sheet through A5 Appellant - Exhibit B - Cover Sheet through B 14 Public Notice.pdf 9. ADJOURN THE BOARD OFADJUSTMENT MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so 2 requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 108-126 10A. Approve Draft September 25, 2024 City Council Minutes Staff Report Draft September 25, 2024 Council Minutes pgs 127-1 2 l OB. Approve Draft October 16, 2024 City Council Minutes Staff Report October 16, 2024 Draft Council Minutes pgs 143-]d5 1 OC. Consideration of a purchase order for $60,930.60 for Garber Chevrolet Buick GMC, Inc. to provide a GMC Sierra 3500HD 4X4 Diesel Crew Cab truck for Public Works. Staff Report Procurement Justification Garber Chevrolet Buick GMC, Inc. Quote pgs 1 A6-151 10D. Consideration of a purchase order for Aquatic Vegetation Control, Inc. for $52,000 to provide ground application services. Staff Report Procurement Justification R-24-40.pdf Aquatic Vegetation Control Rate Schedule pgs 151-158 10E. Consideration of an Addendum to CSA # 1 with CoastalWide, LLC for the expansion of the submerged land lease at the Twin Piers. Staff Report CoastalWide Addendum No I CoastalWide LLC CSA # l.pdf pgs 159-161 1 OF. Consideration of a purchase order for Shenandoah General Construction, LLC for $22,738.68 to complete investigation and slip lining repairs of failed culvert piping at 1037 Blossom Dr. Staff Report.docx Procurement Justification Shenandoah General Construction Quote pgs 162-195 1 OG. Consideration of Resolution No R-24-69 accepting the Florida Inland Navigational District (FIND) Grant for a Law Enforcement Patrol Vessel and authorize the City Manager to execute all appropriate documents. Staff Report Resolution No. R-24-69 IR-SE-24-81 Law Enforcement Patrol Vessel Agreement pgs 196-208 1 OH. Resolution R-24-71— Subdivision Final Plat -Spirit of Sebastian PUD Pod 1B-I — 34 Lots Staff Report Resolution R-24-71 Final Plat Pod 113-1 Location Maps Ki Cost Estimate for Remaining Sidewalks Application 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 12. PUBLIC HEARINGS 13. UNFINISHED BUSINESS pgs 109-251 13A. Consideration of Ordinance 0-24-18 Rescinding Ordinance 0-97-42 vacating public roads in a portion of Sebastian Highlands Unit 17 Second Reading and Adoption Hearing. Staff Report Ordinance 0-24-18 Unit 17 Overview Map Resolution R-24-46 pg 253 13B. Presentation and Discussion on Strategic Plan Final Development of Mission, Vision, Values and Goals Staff Report 14. NEW BUSINESS pgs 154-256 14A. Consideration of a purchase order for $219,083.00 from Dobbs Equipment to provide a John Deere 612M 4x4 tractor and boom mower for the Stormwater Division Staff Report Dobbs Equipment Quote Procurement Justification pgs 257-178 14B. Consideration of Ordinance No. 0-24-19 — Proposed Amendment of City Code Chapter 2 Concerning Procurement of Goods and Services First Reading and providing for adoption upon Second Reading. Staff_Report Ordinance No. 0-24-19 Sec. 2 10 Procurement of goods and services - Redline Business Impact Analysis Exemption Procurement Ordinance Update pgs 279-286 14C. First Reading for Ordinance No. 0-24-20, making textual amendments to Chapter 74 of the Code of Ordinances, Parks and Recreation, and setting a date for Second Reading, Hearing and Adoption Staff Report Ordinance No. 0-24-20 Amended Chapter 74-4 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 4 18. CITY COUNCIL MATTERS Council Member Nunn Vice Mayor Dixon Mayor Dodd Council Member Jones Council Member McPartlan 19. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8222 - ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 5 Regular City Council Meetings Public input is ALLOWED under the headings: • Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public input is NOT ALLOWED under the headings: • Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards) • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments) • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. CITY OF SEBASTIAN SEBASTIAN ENTENNIAL CELEBRATION 1914 -1014 BOARD OF ADJUSTMENT STAFF REPORT DATE November 4, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Draft August 28, 2024 Board of Adjustment Minutes EXECUTIVE SUMMARY Draft minutes are presented for review. RECOMMENDATION Request changes if necessary. Approve minutes. ATTACHMENTS: 1. August 28, 2024 Board of Adjustment Minutes FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 7 SEBASTIAN (ENTENNIAt (EEEBRATION 1914.1014 BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached August 28, 2024 Board of Adjustment minutes were approved at the November 4, 2024 Board of Adjustment meeting. Chainnan Ed Dodd ATTEST: Jeanette Williams, City Clerk 1.1 Regular City Council & BOA Meeting August 28, 2024 Page 10 C. Public Hearine on the Consideration of Resolution No. R-24-47 Community Development Block Grant Annual Action Plan for FY 2024/2025 Mayor Dodd opened the public hearing at 8:10 p.m. The Community Development Director introduced Joseph Sheets, Director at Anser Advisory. Mr. Sheets reviewed the Annual Action Plan that has to be adopted each year as part of compliance with HUD and Community Development Block Grant (CDBG) to remain eligible for the funding. In 2023 and 2024, the City rehabilitated three housing units to bring them up to Code. In this current plan year, the City continues to focus on owner -occupied housing rehabilitation for low to moderate income households with priority for the elderly, disabled, and veterans. Mayor Dodd commented on the amount of paperwork that is necessary to fulfill the requirements to obtain this grant and that is why the City hired Anser Advisory to handle this task at a cost of 23% of the grant money to cover the administrative expense. There was no public input on the item. MOTION by Vice -Mayor Dixon and SECOND by Council Member Nunn to approve R- 24-47. Roll Call: Mayor Ed Dodd aye Vice Mayor Kelly Dixon aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Motion carried 5-0. D. Consideration of Resolution No. R-24-48 for the Community Development Block Grant Annual Action Plan for FY 2024/2025 Mr. Sheets, Director at Anser Advisory, reviewed the Citizen Participation Plan, which is a part of the annual action plan that has to be adopted each year as part of compliance with HUD and Community Development Block Grant (CDBG) program to remain eligible for the funding. The Citizen Participation Plan (CPP) ensures that residents can participate in the City's development and planning process. There was no public input on the item. MOTION by Vice -Mayor Dixon and SECOND by Council Member Nunn to approve R- 24-48 passed with a unanimous voice vote of 5-0. 11. BOARD OF ADJUSTMENT HEARING Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 8:18 p.m. 9 Regular City Council & BOA Meeting August 28, 2024 Page I 1 A. Draft July 10, 2024 BOA Minutes MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve the July 10, 2024 Board of Adjustment meeting minutes passed with a unanimous voice vote of 5-0. B. Board of Adiustment Variance Request — Env-lert/Cotton — 168 Harris Drive — Accessory Structure Size, Setback and Easement Encroachment, and Aesthetics The Community Development Manager explained the applicant built a 500 square foot detached garage and permits were obtained. They later constructed carport overhang additions, or canopies or awnings, on both sides of the garage without permits. In working through the process of getting permits for the applicant, a variance request was being made. Variances are requested due to size, but staff has different information in different documents based on a 2019 permit, the proposed survey, and information provided by the applicant. The entire garage with carports is over 1,000 square feet. Staff requested an as - built survey but that has not been provided by the applicant. It cannot be determined if the addition does encroach upon a setback so staff does not know what the possible setback variance will be, and there may also be issues with the easement. She also noted there has also been noncompliance with the architectural requirements. If a detached building is over 750 square feet, it needs to be in conformity with the architecture of the house, including materials, color, and roofing. The Community Development Manager expressed that this is an incomplete application due to not providing an as -built survey which would help determine the amount of a setback variance and not meeting all architectural requirements. The applicant has offered to match color by painting, match the roofing materials at a future date, and plant some grasses. Not having matching roofs has been a reason for a variance denial in previous cases. Staff recommended denial of the variance request. The applicant, Chad Englert, stated that he did pull permits for the building of his garage and pouring of the concrete and asserts that the building setback does meet the Code according to the survey. He constructed the carport overhangs himself. He was told he did not need permits since it was not a permanent addition. They have sought resolution through the magistrate. It would cost him $850 for an as -built survey. Code Enforcement was initially contacted by a neighbor who was concerned that the overhang addition was too close to the property line. The City Attorney clarified that the Magistrate had suggested that the applicant seek a variance from the Council as a possible resolution. 10 Regular City Council & BOA Meeting August 28, 2024 Page 12 Council Member Nunn inquired why the applicant stated he is willing to spend up to $30,000 to bring the site up to Code, but is unwilling to spend $850 for a survey to provide clear answers to the unresolved questions. Mr. Englert said his current survey clearly states he was in compliance for his 500 square foot garage at the time he obtained his permit. The Community Development Manager pointed out the permit stated it was a 12-foot concrete apron, but when the applicant turned in the variance application, it stated it was an 11-foot apron. There is also proposed survey that states it was a 10-foot apron. If it is a 10-foot apron, a variance for a setback encroachment is not needed, but the structure is still over 1,000 square feet and there would still be a need for a variance for the size. But if the apron, and thus the canopy, is 11 or 12 feet it will make a difference for a setback variance and it will need to be determined if it is encroaching into an easement. Vice Mayor Dixon expressed concern about the awnings due to safety reasons and whether they are considered a permanent part of the structure according to the Code. The Community Development Manager said the Magistrate already determined that the awnings were considered to be a permanent part of the structure and they need permits. Vice Mayor Dixon further questioned the applicant on whether he takes the awnings down when there is a hurricane since he states they are removable. The applicant admitted that he built them this way and bolted them so that a permit would not be needed. This was advice he received from the City when he was given advice over the phone. Council Member McPartlan suggested the applicant take down the awnings and then seek proper permitting. Mayor Dodd asked for public input. Jackie Hughes, a neighbor of the applicant, stated the applicants have improved their property by building this garage which benefits the property values of the whole neighborhood. C. N. Kirrie, a resident of Sebastian, asked how long the canopy is and how much of an overhang is allowed. The Community Development Manager stated that 36 inches of an overhang is allowed. The applicant spoke again and stated that if his variance was granted then he would move forward with the substantial costs for engineering diagrams of $2,800 to complete the permitting process and painting the garage, but he does not want to go through all of this 11 Regular City Council & BOA Meeting August 28, 2024 Page 13 and not be given a permit. The applicant stated that the concrete apron measures right at 11 feet. The Community Development Manager stated that if the concrete measures at 11 feet there would still be 1 foot of side yard setback and 1 foot of an encroachment into the drainage easement. There is a catch basin right behind their house within the easement. If the City ever needed to get in to repair that, they would need to get an abandonment easement. She also noted that a lot of people come in to discuss having larger accessory structures built, such as detached garages. By granting this variance without having the exact details, or granting a variance after something has been built without a permit sets a precedent that some of the City's standards do not matter. Vice Mayor Dixon was concerned after the safety issues with hurricanes and recommended the applicant remove the awning temporarily and go through the proper permitting process. Council Member McPartlan asked if the applicant would be in compliance by taking down one of the awnings or canopies. The Community Development Manager stated if the awning on the east side was removed, there would no longer be a setback or easement encroachment issue and only the aesthetic issue would exist. MOTION by Vice Mayor Dixon to not approve the variance. SECOND by Council Member McPartlan. Roll Call: Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Mayor Ed Dodd nay Vice Mayor Kelly Dixon aye Motion carried 4-1. The City Attorney stated this issue will be sent back to the Magistrate since the applicant is still not in compliance with the Code because the variance was not given. C. Variance Reauest — Eauity Trust Comnanv/Jeffry and Tvler Kuehl — 1690 Indian River Drive — Side and Rear Setbacks — CWR Zoniniz District The Community Development Director explained the variance request before the Council. This is a small piece of property near Davis Drive. In the past a bed and breakfast had been planned for the site but it had been denied by the Planning and Zoning Commission. There was discussion at that time that it would be difficult to meet all of the requirements for commercial property because of the small size of the lot and it was better suited for residential development. 12 Regular City Council & BOA Meeting August 28, 2024 Page 14 The applicants have purchased the lot and are looking to build a residential property. They are asking for a setback variance for the rear and side yard in order to build a one-story house that is the size they desire. They explained that building two-story design would meet the setback requirements, but the applicants want to avoid having stairs in the home due to potential mobility issues as they age since this will be their retirement home. Granting the variance does not mean a building permit can be issued right away. The applicants will still be required to bring in a site plan and meet FEMA requirements, but granting the variance will allow the applicant to move forward. If the variance is denied, it does not mean that a house cannot be built on this property, but the applicants may have to choose a different design. Mayor Dodd disclosed that he had a conversation with Rick Lefebure, the project agent on this. Jeffry Kuehl, one of the applicants, explained that his request for a setback variance is as minimal as possible. He does not want a two-story house that will look like a shoebox, but he has chosen a tasteful design. Rick Lefebure with Ethos Construction explained how difficult it is to build on such a narrow lot when the property lines extend in a skewed manner and the lot gets narrowing as it approaches the water. Mayor Dodd recollects that the bed and breakfast was turned down by the Planning and Zoning Commission because there was no way to exit the property without backing out directly onto Indian River Drive despite their plans to build a parking garage. MOTION was made by Council Member McPartlan to grant the variance, as well as the recommendations of staff, with the additional requirement that the property remains one story. SECOND by Vice Mayor Dixon. The Community Development Director reviewed the conditions of approval recommended by staff, including not granting the variance to future owners of the property if and when the property is sold. If the home is not constructed within two years, this variance will expire. These conditions are included in the motion. Mayor Dodd asked for public input and none was given. Council Member Nunn expressed agreement with the motion. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon passed unanimously with a voice vote of 5-0. D. Variance Reauest — Holidav Builders. Inc. — 631 Mulberry Street — Side Yard Setback Encroachment — RS-10 Zonin2 District 13 Regular City Council & BOA Meeting August 28, 2024 Page 15 Continued to the September 11, 2024 Board of Adjustment meeting. 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Discussion Reaardina the Placement and Design of the America 250 Monument at the Veteran's Memorial in Riverview Park Continued to the September 11, 2024 City Council meeting. B. Consideration of Amendment Three to the Apareement between the City and International Golf Maintenance to Extend the AF-reement and Increase the Annual Contract Amount to $714,800 and Authorize the City Manafzer to Execute all Annropriate Documentation The City Manager said representatives from International Golf Maintenance (IGM) were present to request a one-year amendment to extend the agreement and increase the cost to $714,800. Steve Gano, Vice President of Operations, detailed why the greens on the Sebastian Municipal Golf Course were very rough last year and the many steps they have taken to make improvements, including using fertilizer to boost the grass and specific herbicides to combat weeds. They want to properly maintain the improvements they have made to the grass and this contract will help them accomplish this. They have a great team right now. They are investing in equipment, but also keeping costs affordable. Mayor Dodd asked why IGM has not had these types of problems with the grass at the other public golf course they manage in Indian River County. IGM explained there are more greens per acre to take care of at the Sebastian course than at Sandridge. There are 4 acres at Sebastian compared to 2 acres at Sandridge. In addition, Sandridge is at a higher elevation with better water drainage. The City Manager said it is anticipated that additional funds will need to be set aside to adequately maintain the golf course in the future. Since IGM has had this difficulty with the grass but has created significant improvement, he believes they are best suited to now continue the needed maintenance. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to extend the Council meeting until 10 p.rn. passed unanimously with a voice vote of 5-0. Council Member Jones asked about other additional funds that have been given to IGM for fairways and sand. The IGM representative explained they had previously agreed to a 10- year contract with the City but it was not enough to keep up with costs and that is why several increases have been requested. 14 CITY OF SEBASTIAN SEBASTIAN ENTENNIAL CELEBRATION 1914 -1014 BOARD OF ADJUSTMENT STAFF REPORT DATE November 4, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Draft September 11, 2024 Board of Adjustment Minutes EXECUTIVE SUMMARY Draft minutes are presented for review. RECOMMENDATION Request changes if necessary. Approve minutes. ATTACHMENTS: 1. September 11, 2024 Board of Adjustment Minutes FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 15 SEBASTIAN (tNTENN1At (ELIBRATION1914-1014 BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached September 11, 2024 Board of Adjustment minutes were approved at the November 4, 2024 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 16 Regular City Council Meeting September 11, 1024 Page 5 MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve Item #E. In response to Council Member Nunn, the City Manager said volunteers are welcome anytime and currently the City is participating with AARP's Retiree Program. Vice Mayor Dixon noted that all of the advisory board are volunteers and Council Member McPartlan spoke of the Volunteer Community Policing Officers who provide a tremendous benefit to the City. Roll call: Council Member McPartlan aye Council Member Nunn aye Mayor Dodd aye Vice Mayor Dixon aye Council Member Jones aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENT - None Mayor Dodd recessed the City Council meeting at 6:39 p.m. and convened the Board of _ Adjustment meeting. 10. BOARD OF ADJUSTMENT HEARING A. TABLED from August 28.2024 — Consideration of a Variance Request — Holidav Builders. Inc. — 631 Mulberry Street — Side Yard Setback Encroachment — RS-10 Zoning District The Community Development Manager explained that this is a variance request for a newly constructed single-family home that was mistakenly built 5.8 feet from the side property line when the zoning district requirement is 10 feet. This type of variance has been requested in the past, but usually for older homes built in the 1970s or 1980s because during that time houses were built using plot plans; surveys were not required. Over the years, through changes to the Florida Building Code and City policies, our specific building permit and inspection processes have usually prevented these encroachments from happening. In this instance, Holiday Builders discovered the house was encroaching into the setback when they made the final survey and brought it to the attention of the City. The proposed survey for the permitting process did meet the requirements for the setbacks. However, through an error made by the Holiday Builders' surveyor, the house was not placed on the lot according to the proposed survey. Holiday Builders acknowledges this mistake was made in the building process and asks for relief through a variance since the house has already been built and the consequences of repairing such a mistake would be very costly for them. Staff took the position that the applicant does not meet the criteria for a variance because it is giving a preference to this property that is not ordinarily given to other single-family homes. 17 Regular City Council Meeting September 11, 1024 Page 6 Also, because of this error, the septic tank and the drain field was also placed within the easement and the applicant has already agreed to relocate it. The applicant has offered to also provide a solid fence or plant a landscape hedge near the north property line that is being encroached upon. Mayor Dodd invited the applicant to make a presentation and then for public input. Anthony Palumbo, the Vice President of Acquisition Development at Holiday Builders, came forward and said he is glad to answer any questions and negotiate to provide any additional landscaping or irrigation. He said there is no way for Holiday Builders to reconfigure the house, and if the variance is denied, they will have to demolition the whole house. Ms. Toni Aros, who lives next door, expressed her concern that this mistake will affect the resale value and does not feel that a fence or landscaping adequately solves the problem of a lower resale value. Council Member Nunn and Council Member Jones both asked the Building Director if this had ever happened before and if there was a change that needed to be made to the process. The Building Director said this had not happened before in the 20 years he had been in his position. They do have checks in place through the construction process, but there is a reliance upon the surveys. The proposed survey was good and met the requirements for setbacks, elevation, drainage, etc. A mistake was subsequently made when the formboards were placed and this error was not noted in the formboard survey as it should have been. He mentioned that when inspectors go out, they are not focused on easements or encroachments because that is the work of the surveyors. Inspections would not even be scheduled unless the construction process thus far had already been preapproved. Council Member Jones asked about the septic tank being moved. The Building Director confirmed that the septic tank would be moved as required by the Indian River Health Department. Council Member Jones asked who is the owner of the affected property and how she felt about the proposed landscaping or fencing. Ms. Toni Aros clarified that she is a tenant, but says she is representing the concerns of the homeowner affected by this encroachment who is a relative that lives California. She expressed that a fence will make her feel imprisoned or in jail because of how close the now house is to the property line. She would prefer a hedge, but she feels that the resale value as well as her quality of life in the home has been negatively affected. Mayor Dodd assured Ms. Aros that the hedge would be on the property of the new house and the distance from her house and the hedge would be the same as if this mistake had never been made. Council Member Jones asked the applicant to address the enhanced quality control measures they would be taking to prevent this from happening again. 18 Regular City Council Meeting September 11, 1024 Page 7 Ms. Dodie Keith, the owner of Keith & Associates, the surveyors for Holiday Builders, admitted this was their error and the responsibility of her firm. She has been a surveyor for 35 years and assured that Council placement of a building does not happen when proper procedures are followed and there was nothing that could have been done by City staff to determine this error had been made because it was a surveyor error. She explained that a remote calibration process utilizing GPS was done incorrectly and they did not realize the mistake until they got to the final survey. She also clarified there is still 17 feet between the new house and the neighbor's house. There is no encroachment onto the neighbor's property, even if a hedge is put in place. There is less yard now on the lot of the new home, not for the neighbor, which is a loss for Holiday Builders who will still bear the cost of moving the septic tank. Ms. Keith assured Council that the specific surveyor that made this mistake is no longer with her firm. Council Member McPartlan asked how long was the obligation to have a hedge going to be in place; will a hedge or fence be required in perpetuity? What will be the responsibility of the City if the new homeowner does not like the hedge and cuts it down? What if the hedge dies on its own? Is this a one-time obligation, or does the City continue to have an obligation? The Community Development Manager pointed out that if the planting of the hedge becomes a condition for approval of the variance, it will become part of the order. If a condition for approval is not met, the variance order will become null and void. She believes it is something that could be enforced through Code Enforcement. The City Attorney said for it to be required it would have to run with the property so that eventually it would be the new owner's responsibility. The Community Development Manager also pointed out that neighbors could complain to Code Enforcement if the hedge was not maintained and the order would be the grounds to make sure that the hedge was maintained or replanted. She also said the variance could include specific details to establish parameters of compliance, such as being a solid hedge, 5 to 6 feet at planting, 24 to 36 inches on center, a healthy hedge right at planting. Vice Mayor Dixon asked how the City would be affected moving forward by granting this variance. Is approving this variance going to allow for more "sloppy building?" The Building Director expressed that this was an isolated incident. Surveyors are professionals and they put their sign and seal on these documents. Mistakes likes this are not made very often. This has never happened in all his 20 years of experience. They do have checks within their system to look at the formboards before the slab is poured. Mayor Dodd also noted that if there is a motion to approve the variance, he would like it to specifically mention the recommendations of staff, including (1) the septic tank being moved according to the specifications of the Indian River County Health Department and verification by the City Building Department prior to issuance of a Certificate of Occupancy (2) to be completed within 180 days, as well as (3) the specific requirements for maintenance of the hedge. 19 Regular City Council Meeting September 11, 1024 Page 8 Ms. Toni Aros showed the Council a picture on her phone of the property line and showing where her fence is. (See attached screenshot). Ms. Dodie Keith, the owner of Keith & Associates, the surveyors for Holiday Builders, expressed their willingness to extend the fence or create a hedge, but all of that will be done on the property of the new house and nothing will be taking away from land available on the neighbor's property. Anthony Palumbo, the Vice President of Acquisition Development at Holiday Builders, also assured Council they are willing to work with all parties involved. He would rather go ahead and do a fence and a hedge and make sure all parties are pleased with the result, including the new homeowner, the neighbor, the Building Department, and the surveyor. Council Member Nunn pointed out that we are putting legal obligations on a new homeowner that may prefer a fence over a hedge. The Community Development Manager reminded the Council that they can require an "opaque buffer" that allows for some flexibility for the new homeowner that will have this obligation. Ms. Toni Aros offered to get the owner of the home she lives in connected to the Council meeting via Zoom. The City Attorney pointed out that this is a quasi-judicial proceeding and there should not back and forth multiple times and time limits should be honored as well. There was a question of whether a Zoom call is allowed in a quasi-judicial proceeding. Mayor Dodd called for a 5-minute recess at 7:15 p.m. The Council returned at 7:20. All members were present. The City Attorney clarified that public input via electronic or other commercial media, such as Zoom calls, would not be permitted during quasi-judicial hearings. She also reminded the Council that they need to now consider who they have heard from and how their property interest is potentially affected by the variance. She advised against getting involved in negotiations with someone who is not a property owner or involved in civil matters between property owners. The Council decision should be based upon the variance criteria and what is appropriate under the City Code. Mayor Dodd affirmed that the Council would not be getting involved in any negotiations between Holiday Builders and any other property owners adjacent to that property, but we can direct that they put a buffer between the two pieces of property because our Code provides for that. MOTION made by Mayor Dodd and SECOND by Council Member Jones to grant approval of the variance as long as (1) the septic tank will be modified, re -permitted and re -certified by the Indian River County Health Department and (2) that a solid opaque buffer would be placed on the north property line, from the rear of the property to the front of the house, (3) all to be 20 Regular City Council Meeting September 11, 1024 Page 9 completed within 180 days in order to receive a Certificate of Occupancy from the City Building Department. Roll call: Council Member Nunn - nay Mayor Dodd - aye Vice Mayor Dixon - nay Council Member Jones - aye Council Member McPartlan - aye Motion carried. 3-2 Mayor Dodd adjourned the Board of Adjustment meeting at 7:27 p.m. and reconvened the City _ Council Meeting. 11. UNIFINISHED BUSINESS A. Discussion Reeardiniz the Placement and Desig_ n of the America 250 Monument at the Veteran's Memorial in Riverview Park The City Manager said previously Council approved the concept of a monument and directed staff to work with Dr. Hamilton to determine a location. The location was chosen and approved by the Veterans Advisory Committee. Dr. Holly Hamilton explained that this was one her final projects as President of the Florida Society of the Children of the American Revolution. She and her son, James, who is currently serving as an honorary President of the Children of the American Revolution also worked on this initiative to honor the men, women and children who fought for our Nation in the Revolutionary War. She displayed an overhead picture of the proposed location and design. There was no public input on the design or placement. Dr. Hamilton said they hope to have it installed by early summer next year. MOTION by Vice Mayor Dixon and SECOND by Council Member Jones to approve the proposed design passed with a voice vote of 5-0. MOTION by Council Member Jones and SECOND by Council Member Nunn to approve the location passed with a voice vote of 5-0. 12. NEW BUSINESS A. Consideration of Anneal from Ms. Weston in her Reauest for CDBG Funds The Community Development Director said that upon final review of the applications for this grant cycle, it was discovered that Ms. Weston was a previous recipient and the policy only allows one award in a five-year period. Ms. Weston was appealing her denial. 21 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE November 4, 2024 TO Board of Adjustment THRU Brian Benton, City Manager FROM Dorri Bosworth, Community Development Manager Appeal of an Administrative Determination regarding a Denial of a Landclearing Permit for 33.23 Acres for Sebastian Overlook Subdivision/Sebastian Highlands Unit SUBJECT 17 — Hawkins Project 1, LLC, Appellant EXECUTIVE SUMMARY The subject property, to be known as Sebastian Overlook Subdivision, is a portion of Sebastian Highlands Unit 17 located on Spring Valley Avenue, Empress Avenue, and Ithaca Avenue, in the area south of Mabry Street and north of Day Drive. A plat dividing the property into 109 lots was recorded in 1970 by General Development Corporation. This was done before any of the requisite infrastructure was constructed, specifically roadways and utilities. The existing surrounding canals and drainage easements were in place at that time, and the area had received its SJRWMD drainage permit. After GDC filed for bankruptcy in 1995, there have been several owners who have purchased the 109 lots as an entire purchase, but none have applied for permits to finish the infrastructure to allow construction of single-family homes. The current owner, Hawkins Project 1, LLC, for Ryan Homes, has been working with the City through a Subdivision Construction Application process to acquire approvals and permits to construct the roadways and install the utilities. It was initially assumed that the previous SJRWMD drainage permit would still be valid. However, after further review, it was determined that its approval was calculated on only 30% lot coverage for impervious area whereas the RS-10 zoning district allows for 55% coverage. A new plan was submitted to staff that incorporated a central stormwater retention pond over 10 of the platted lots. At this time staff suggested the developer re -plat the area to simplify dedications and to establish maintenance responsibilities through a new plat, but after a determination by the City Attorney that new subdivision codes would need to be met (recreation and preservation of native habitat requirements), the developer wished to continue using the older 1970 plat and any grandfathered non -compliances. As such, staff informed the developer that the older plat would supersede any processes for newer subdivisions for landclearing, and that clear -cutting the 33 acres would be not be allowed. As part of the Construction Plans, a revised Demolition sheet was submitted that overlayed the tree survey onto the plat and indicated the removal of trees only in the areas of road and stormwater construction. The Construction Plans were approved in June 2024 followed by City Council's approval of an ensuing Developer's Agreement which included establishing maintenance responsibilities for the sidewalks and stormwater. On October 11, 2024, the property owner/developer submitted a Subdivision Landclearing application to clear-cut the entire 33.23 acres. Because the request was in conflict with the approved Demolition/Tree Removal sheet, and based on prevailing procedures and processes for individual lot landclearing, since the property is already platted, and in consideration of other missing items, staff denied the permit. 22 The developer/property owner wishes to appeal staff s determination to the Board of Adjustment, as allowed by Section 54-1-2.1(d), and in accordance with Section 54-1-2.5(d)(1). The appeal request was received within 10 days after the rendering of the denial. Per Section 54-1-2.5(d)(1), staff is required to "transmit to the Board all papers or materials constituting the record upon which the action appealed was taken." Staff s record is shown as Exhibit A items. The appellant's written request and materials are shown as Exhibit B items. RECOMMENDATION Conduct a quasi-judicial public hearing to consider the appeal request. ATTACHMENTS: 1. Landclearing Permit #24-3711 Zoning Denial Letter from MyGov Permitting System 2. Staff: Exhibit A — Cover Sheet through A5 3. Appellant: Exhibit B — Cover Sheet through B 14 4. Public Notice FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 23 CITY OF SE TL_" - HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 Date: 10/14/2024 Permit No: 24-3711 Work Description: LAND CLEARING / SUB -DIVISION Permit Address: Parcel ID: 31391900001594000001.0 AMONG OTHERS BUILDING PERMIT PLAN REVIEW COMMENTS Zoning Status: General Denied by Dorri Bosworth 1. Landclearing request from Project Description is for 33.23 acres. No tree survey or plan indicating total tree removal was submitted. However, Sheet C-1 from approved Construction Plans indicates tree removal only in areas of road and lake construction. Landclearing request is in conflict with approved plans. Since area is already platted, individual landclearing permits are required for remaining platted lots to be cleared. However, building permits are required at the same time of landclearing permit submittal, which substantial subdivision infrastructure must be in place before building permits will accepted. 2. Application should specifically exclude the two Tracts owned by the city, i.e. Tract U & Tract W 3. Authorization letter submitted appears to be only for the variance application, does not authorize for landclearing/building permits. Please update 4. Submitted FDEP Notices to Construct (Water & Wasterwater) from 2020 are still in previous owner's name. Must be transferred to current owner/developer. Please re -submit updated Notices 5. Need updated Gopher Tortoise survey and FWC Relocation permit for clearing areas as shown on approved Sheet C-1 6. Clarify if Air Curtain Incinerator will still be used for clearing areas as shown on approved Sheet C-1. If yes, provide additional details on a plan such as location, distances from all surrounding residential areas, etc. Use of an incinerator requires additional approvals from City Council, Division of Forestry, and the Fire Chief. 7. Dewatering is a separate permit with separate fee. Please re -submit as such, and include a plan sheet detailing specifics on the type of pump, time of pumping, cross section of proposed Settling Basin, etc. along with copy of SJRWMD Dewatering permit 8. Please submit ROW permit applications for the Empress Avenue, Alexis Street, and Spring Valley accesses. 9. 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H. _1Nie 8—.1.\`21w- - �FB-, J - - �IL1IS x1z 204 tby ;60- - �IX.SWALE TO BE - - � 22 EX. CONTROL I I 1 REMOVE EX MH, SEE STRUCTURE CLEANED AND I ( FLOOD ZONE rl UTILITYPLAN FOR RESHAPEDAS REOOTO I I� I`J PROPOSED DESIGN Za1� �, FLU 1d9'ilTliilONr� . MEET DESIGN PLANS 1 a ' CLEARING NOTES: CONTRACTOR SHALL MAKE ACONCERTED EFFORT TO CONSERVE PRESERVE EXISTING TREES&EXCEPTIONAL SPECIMEN TREES (ANY OVER IS" TREELEGEND: IN DIAMETER)FOUND ON SITE. THE CONTRACTOR SHALL PRESENT AND COORDINATE A CLEARING PLAN WITH CITY PLANNING STAFF PRIOR TO =OAK TREE(X"=DIAMETER) CONSTRUCTION. = PINE TREE (X•=DIAMETER) CITY OWNED LOTS TR-UBTR-W SHALL NOT HAVE LAND CLEARING, TREE REMOVAL, OR EQUIPMENT STAGING BY CONTRACTOR. EROSION A =PALM TREE (X--HEIGHT) CONTROL MUST BE INSTALLED TO PROTECT REFERENCED LOTS FROM DEVELOPMENT ACTIVITIES. X- EX. TREE TO BE REMOVED sll�.inrlspf� lelr mIIII:,n � .lamas Mills T *' NO. 74145 •• _ eWE OF � I Q 1---1 0 C IL m m N z Z Lu a ` Z W a O Z -J gwo o . = LLJ I 2 3 U'0rcg =oo z ZZE U Z Q aZ ~~ N a�a) W LIJZ�� €� V)D o� PROJECT. NO. 79-32&D WTE 07.11.2024 SHEET NO. C-1 Al N A2 Dorri Bosworth From: Dorri Bosworth Sent: Thursday, November 18, 2021 10:59 AM To: 'Wesley Mills' Cc: Lisa Frazier; Megan Willbur; Michelle Faulkner Subject: RE: Sebastian Highlands Unit 17 (Project No. 18-3280) Hi Wesley — Without the FEMA compensatory storage needed because of the SFR exemption, please adjust the design of the nine corner lots where the proposed storage areas were proposed, with the resubmittal. Also, because we are applying this exemption, and using the SJRWMD permit from 1995, please provide a plan or overlay showing landclearing details for road and utility construction areas only. Indicate what trees will be removed, and trees within the individual lots that will need to remain The entire parcel will not be approved for clear cutting. Call with any questions 388-8232. Regards, - D Dorri Bosworth, Manager/ Planner Community Development Department City of Sebastian 1225 Main Street, Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax dbosworth@cityofsebastian.org cityofsebastian.org From: Michelle Faulkner Sent: Thursday, November 18, 2021 10:22 AM To: 'Wesley Mills' Cc: Dorri Bosworth; Lisa Frazier; Megan Willbur Subject: RE: Sebastian Highlands Unit 17 (Project No. 18-3280) Wesley, Yes, I agree with your determination. The lots will all be treated on an individual basis which will require the FF E of each home that is affected by the AE Flood Zone to be at the BFE + 1 foot for freeboard or if in Flood Zone X the FFE will need to be 24 inches above the crown of road. I hope this help and please let me know if you have any other questions. Thank you, Michelle Faulkner, CFM Community Development Dvpa l«JA,,A City of Sebastian 1225 Main Street Sebastian. Florida 32958 (772) 589-5518 (772) 388-8248 fax mfaulkner("ucityofsebastian. orb CMICT SEBASTL HOME OF PELICAN ISLAND 27 A2 From: Wesley Mills[mailto:wmills@millsshortassociates.com] Sent: Wednesday, November 17, 2021 10:35 AM To: Michelle Faulkner Cc: Dorri Bosworth; Lisa Frazier; Megan Willbur Subject: Sebastian Highlands Unit 17 (Project No. 18-3280) CAUTION: This email orginated from OUTSIDE our email system. PLEASE excerise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Good morning Michelle, I wanted to follow up on our conversation about the FEMA Compensatory Storage Requirements for the above referenced project. Based on my review of the FEMA requirements the subject site does not require compensatory storage for the proposed developments, since all lots were individually platted in 1973 and are less than 1 acre. Can you please advise if you agree with my determination. If so, we will proceed with a resubmittal for the project. Should you have any questions or want to further discuss, please do not hesitate to give me a call. Thank you for all your help on this project! Best Regards, J. Wesley Mills, P.E. Principal Mills, Short 8 Associates 700 22.d Place, Suite 2C & 21) Vero Beach, Florida 32960 772-226-7282 e-mail: WMills@MillsShortAssociates.com www.MillsShortAssociates.com This email has been scanned for spam and viruses by Proofpoint Essentials. Click ',' ,e c to report this email as spam. 28 A2 Dorri Bosworth From: Lisa Frazier Sent: Monday, July 10, 2023 3:56 PM To: Brian Benton; Karen Miller; Dorri Bosworth Cc: Jennifer Cockcroft Subject: Highlands 17 Meeting Notes All Following is a compilation of the notes taken from this last meeting on July 6tn • Current zoning allows for 55% impervious coverage per lot. Modeling will need to be set for 55% as stated in numerous correspondence to the Engineer in order to provide accurate treatment and storage volumes. • Applicant will be required to provide a License to Encroach for work within the drainage canals. • Applicant does not wish to develop site as private sub, prefers for City to own/maintain all R/W, including SW infrastructure in RW. • City needs to determine through attorney if prelimin plat dedication will be required or if development agreement (unity of title dedicated to HOA) is adequate for SW pond lots • City will require language within HOA docs stating that should HOA disband, an applicable assessment will be applied per lot to cover cost of infrastructure operation & maintenance • Bridge/wall off Empress will require design/construction and maintenance from developer. Dedication of the infrastructure through easement/License to Encroach. May exchange City lots at entrance for public space and entrance features. • Sidewalk on one side of streets, continuous loop out to Schumann. • All streets curb and gutter. • Move outfall pipe to Alexis RW • Review tree survey to determine tree protection areas, possibly along edges of lots • Wesley is point of contact • Jon Billis is developer Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Direct: 772-388-8228 29 A3 Chapter III - PERFORMANCE CRITERIA ARTICLE XIV. TREE PROTECTION AND LANDSCAPING ARTICLE XIV. TREE PROTECTION AND LANDSCAPING Sec. 54-3-14.1. Applicability. (a) The minimum standards for landscaping set forth in this article shall be applicable to all new construction, as well as development activity otherwise requiring updated code compliance. (b) It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through damaging any protected, specimen or historic tree situated on any real property or clear any lot or acreage located within the city without first obtaining a permit as provided within these provisions. (Ord. No. 0-05-18, § 1, 10-16-2005) Sec. 54-3-14.7. Tree removal, grubbing, and land clearing permits. (b) Tree removal and land clearing permit. All lands within the city are required to obtain a permit for protected tree removal, grubbing or land clearing. The application for such a permit shall be filed with the building department on forms furnished by the city manager or his designee. Any applicant for a protected tree removal, grubbing or land clearing permit must submit a plot/site plan showing the location of all protected, specimen and historic trees and which provides the city with reasonable assurances of compliance with the minimum tree requirements and the protection of historic or protected trees or mangroves. The plot/site plan that is submitted with an application for a protected tree removal, grubbing or land clearing permit shall include as a minimum the following information: (1) Location of all present and proposed structures, driveways, parking areas and other planned areas. (2) Location and kind of all protected trees, all specimen trees and all historic trees. (3) Recorded deed indicating the current owner. (4) Species and size of trees to be removed. The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves. The following criteria for removal of protected trees shall be used: a. Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements. b. Necessity to remove trees which present a hazard to structures or other improvements. C. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire. d. The extent to which tree removal is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams or rivers, drainage canals or swales. e. Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. f. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support. Sebastian, Florida, Land Development Code Created: 2024-07-02 11:18:47 [EST] (Supp. No. 22) Page 1 of 4 30 A3 g. Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: 1. Need for access around the proposed structure for construction equipment (maximum of ten feet). 2. Need for access to the building site for construction equipment. Essential grade changes. h. Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resources. i. Must be removed in order for the applicant to use the property for any use permitted, conditional or special use for the zoning district in which the property is located and that such a use could not be made of the property unless the tree is removed. Alternative site plans shall be considered to determine if the specimen trees can be saved without the removal or damaging of the trees. Staff Note: Sheet C-1, as approved, was considered as an alternative site plan which removed specimen and protected trees in the areas of roadway and the stormwater lake construction only. j. That the conditions of the tree with respect to disease, danger of falling or interference with utility services is such that the public health, safety or welfare require its removal. When there is a question of tree hazard, the building director may require documentation or certification from an arborist who has been certified by the International Society of Arboriculture. Upon making a finding that a reasonable balance of the factors above indicates that the public interest is best served by allowing removal, the city manager or his designee shall issue a land clearing permit for the removal of a protected tree. The tree(s) approved for removal shall be replaced as follows: Protected trees: On a one -for -one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of eight feet and a minimum diameter of one and one-half inches or a circumference of 4.7 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction. Specimen trees: On a one -for -one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of 12 feet and a minimum diameter of two and one-half inches or a circumference of 7.8 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction. iii. Sabal palms (Sobal palmetto, cabbage palms): Sabal palms having a clear trunk six feet or greater (measured from existing grade to bottom of lowest fronds) shall be replaced on a one -for -one basis by Sabal palms having at least six feet clear trunk, up to the number of trees required to meet the minimum tree requirements for new construction. Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. Permitted activities may only be undertaken between the hours of 8 a.m. and 5 p.m., Monday through Friday, and not during holidays in which city hall is closed. In the event of questionable activities during other times, enforcement personnel shall order the activities to cease and desist until the matter can be resolved during regular business hours. (c) If any inspection of the site indicates the presence of gopher tortoises, the applicant shall be required to obtain the necessary permits from the State of Florida prior to issuance of a permit hereunder. (Ord. No. 0-05-18, § 7, 10-16-2005) (Supp. No. 22) Created: 2024-07-02 11:18:47 [EST] Page 2 of 4 31 A3 Sec. 54-3-14.8. Residential landscaping requirements. * * * All areas of residential lots not covered by a building or impervious surface shall be grassed, sodded, seeded or fully covered with landscape rocks, except for landscaped areas including protected existing natural vegetation. Landscaped areas shall be mulched, rocked or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds, wetlands, or waterways are exempt from this requirement. Further, a yard may be exempted if the owner submits a landscape plan utilizing accepted principles of xeriscaping. (Ord. No. 0-05-18, § 8, 10-16-2005) Sec. 54-3-14.9. Residential tree requirements. (a) Required trees. (1) All residential lots shall have the following minimum number of trees: Lot size (sq. ft.) 10,000 or less 10,000 to 15,999 16,000 to 19,999 20,000 to 29,999 30,000 to 39,999 40,000 or more Minimum number of trees Five trees Seven trees Twelve trees Fifteen trees Eighteen trees Twenty trees (2) Required trees shall be equal to Florida grade number 1, or greater, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs. (3) Tree credits. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection (a)(1) above. a. Existing trees. Size (DBH in inches) Credit 2-4 One tree Over 4-10 Two trees Over 10-20 Three trees Over 20 Five trees b. Sabal Palm trees may be utilized on a one -for -one credit basis. C. To encourage tree -lined streets, new trees, other than palms, planted in the front yard setback shall receive credits as outlined above. No more than two trees may be used for this requirement. d. Limitations. Citrus trees may be used, provided that none is less than four feet in height and the number shall not exceed three or comprise more than 25%, whichever is greater, of the required minimum number of trees on the lot. If palms are used, they shall constitute no more than 35% of the total tree requirement and shall have a minimum of six feet of clear wood. (b) Certificate of occupancy. The required number of trees shall be planted prior to the issuance of a certificate of occupancy for new residences. Each lot owner where a residential unit is located must maintain on the lot a (Supp. No. 22) Created: 2024-07-02 21:18:47 [EST] Page 3 of 4 32 sufficient number of trees to comply with the requirements in this section. Any tree which dies must be replaced within 30 days. (c) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the city manager or his designee shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. (Ord. No. 0-05-18, § 9, 10-16-2005) (Supp. No. 22) Created: 2024-07-02 11:18:47 [EST] Page 4 of 4 33 till %I SEBASTI HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN. FLORIDA 32958 TEI_EPFIONE: (772) 589-5537 • FAX (772) 589--2566 TRACKING #: LOT #: BLOCK #: ADDRESS: OWNER OF PROPERTY: ADDRESS: PHONE #: CONTRACTOR: ADDRESS: PHONE #: LAND CLEARING BY: ADDRESS: PHONE #: APPLICATION FOR LAND CLEARING PERMIT M UNIT #: SUBDIVISION: E-MAIL ZIP: ZIP: PURPOSE FOR LAND CLEARING: I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code (Article XIV). Signature of Applicant: Application received by: Inspected by: Date: Specimen Tree Removal requested: Yes City Manager or His Designee Approval: Office Use Onh, Date: Fee: Approved: Denied No Date: i 34 APPLICATION MUST INCLUDE: 1. A recorded warranty deed. 2. 2 copies of the survey locating all present and proposed structures, driveways, parking areas, other planned areas, on -site sewage disposal facilities, water bodies and easements. 3. On the survey, locate trees as follows: a. Protected Trees: Any tree having a diameter of 4 in. or greater, measured at 4-1/2 ft. above grade (DBH); identify such trees by botanical or common name and size. b. Specimen Trees: Any tree having a diameter of 10 in. or greater, measured at 4-1/2 ft. above grade (DBH), all red and black mangroves, and exclude palm trees, except for sabal plams; identify such trees by botanical or common name and size. c. Prohibited Exotic Trees: All Ear Trees, Chinaberry, Australian Pines, Punk or Cajuput and Brazilian Peppers; identify by botanical or common name. d. Any 2 in. or greater DBH tree, not already noted above, which you intend to preserve and use in the tree credit calculation toward the required number of trees; identify by botanical or common name and size. 4. On the survey, classify all identified trees as follows: Trees to be removed ....................Please circle in Red All trees not circled in red are to be preserved. 5. A completed Tree Calculation Form MUST be attached. y Prior to development or construction activity, the developer shall erect suitable brightly colored tree protection barricades, a minimum 4 ft. tall, around trees to be preserved and shall remain in place until the construction activities are completed. The area within the tree protection barricade shall remain free of all building materials, dirt or other construction debris, vehicles and development activities. Barricade shall be erected at a minimum distance from the base of the trees to be preserved according to the following standards: a) For trees 10 in. or less DBH. Tree protection barricades shall be placed a minimum distance of 5 ft. from the base of each tree to be protected. b) For historic trees and trees greater than 10 in. DBH. Protective barricades shall be placed at a minimum distance of 10 ft. from the base of each tree to be protected plus an additional 1 ft. for each additional inch DBH greater than 10 in. Changes to grade or construction of impervious surface or utilities within the required protective barricade shall be permitted subject to the following guidelines: 1. Changes in grade or construction within protected zone must be approved by the City Manager or his designee prior to the beginning of construction. Plans must be submitted which illustrate in detail protective measures necessary to protect the trees. 2. Impervious surfaces shall maintain minimum clearance from the bases of all trees to be protected. Trees 15 in. DBH or less shall have a minimum clearance of 6 ft. Trees over 15 in. DBH up to 20 in. DBH shall have a minimum clearance of 9 ft. Historic and trees over 20 in. DBH shall have a minimum clearance of 12 ft. 3. All roots outside the protective barricade to be removed during construction shall be severed clean. 4. All pruning of historic and specimen trees shall be done by a qualified tree service during construction. 35 Ulm TREE CALCULATION (See next page for explanation) STREET ADDRESS .- LOT #: BLOCK # UNIT # SUBDIVISION: TOTAL SQUARE FOOT OF PROPERTY REQUIRED NUMBER OF TREES EXISTING TREES TO BE RETAINED FOR CREDIT Species Size DBH # of Trees x Credit Allowed Total Tree Credit I I i SUBTOTAL TREES TO BE PLANTED TO MEET MINIMUM REQUIREMENTS Species from list of suitable trees Size, Height, DBH # of Trees Planted I I � SUBTOTAL Total must be equal to or greater than minimum required TOTAL TREES NOTE: Application for Building Permit will include this copy of the approved Tree Calculation 3 36 SUMMARY OF TREE PROTECTION CODE Permits are required for the removal of all protected, specimen and historic trees. By definition, a protected tree is any tree of 4 in. DBH (diameter at breast height, measured at 4-1/4 ft. above grade), or greater. A specimen tree is any tree 10 in. DBH or more, all red and black mangroves and excluding all palm trees, except for sabal palms A historic tree is any tree so noted by resolution of City Council. Trees approved for removal shall be replaced up to the number of trees required to meet minimum tree requirements for new construction as follows: 1) Protected Trees: On a one —for -one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of 8 ft. and minimum diameter of 1-1/2 in. or a circumference of 4.7 in. DBH. 2) Specimen Trees: On a one —for -one basis, by tree equal to Florida grade number 1 or greater, having a minimum height of 12 ft. and a minimum diameter of 2-1/2 in. or a circumference of 7.8 in. DBH. 3) Sabal Palms: (Sabal palmetto, cabbage palms) Sabal palms having a clear trunk 6 ft. or greater (measured from existing grade to bottom of lowest fronds) shall be replaced on a one -for -one basis by Sabal palms having at least 6 ft. clear trunk. MINIMUM TREE REQUIREMENTS FOR RESIDENTIAL BUILDING LOTS 9,999 or less sq/ft 5 trees 10,000 to 15,999 sq/ft 7 trees 16,000 to 19,999 sq/ft 12 trees 20,000 to 29,999 sq/ft 15 trees 30,000 to 39,999 sq/ft 18 trees 40,000 or more sq/ft 20 trees Credit for existing trees will be allowed based on the following criteria: 2" to 4" DBH 1 trees Over 4" to 10" DBH 2 trees Over 10" to 20" DBH 3 trees Over 20" DBH 5 trees NOTE: Palm trees will be on a one -for -one credit basis. 4 37 However, if trees must be added to the lot to conform to the above requirements, the following regulations will apply: 1. Minimum overall height of 8 ft. and minimum trunk diameter of 1-1/2 in. measured at 4-1/2 ft. above grade (DBH). 2. Citrus trees may be a minimum overall height of 4 ft. and shall not exceed 3 or 25% (whichever is greater) of the required minimum number of trees on the lot. 3. Palm trees shall constitute no more than 35% of the total tree requirement and shall have a minimum of 6 ft. of clear wood. 4. Trees must be Florida grade number 1 or better. 5. Suitable Trees: a.) Bald Cypress (Taxodium distichum) b.) Live Oak (Quercus mytifolia)-not desirable to plant near septic tanks c.) Laurel Oak (Quercus laurifolia)-not desirable to plant near septic tanks d.) Red Maple (Acer rubrum) e.) Slash Pine (Pinuls elliottii) f.) Southern Magnolia (Magnolia grandiflora) g.) Southern Red Cedar (Juniperus silicicola) The minimum number of trees must be maintained on the lot. If a tree dies, causing the number of remaining trees to fall below the minimum requirement, it must be replaced within 30 days. Prohibited trees (ear tree, chinaberry, Australian pine, punk or cajuput tree and brazilian pepper) must be removed by the developer at the time of clearing As the owner of the above referenced property, I hereby acknowledge receipt of the Tree Protection Homeowner's Packet. I also acknowledge that I have reviewed this application along with my tree survey and tree calculation form and agree with the proposed plan. Date: Signature of Owner: Printed Name of Owner: Note to applicant: The site must be clearly identified and accessible for the inspector to verify the accuracy of the tree survey and calculations. Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. Permitted activities may only be undertaken between the hours of 8 a.m. and 5 p.m. Monday through Friday, and not during holidays in which City Hall is closed. 38 A5 dffQF HOME OF PELICAN .ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 APPLICATION FOR COMMERCIAL LAND CLEARING TRACKING #: PERMIT #: REC'D BY DEVELOPMENT OR SUBDIVISION: PROPERTY ADDRESS: NUMBER OF ACRES: OWNER OF PROPERTY: ADDRESS: PHONE #: ZIP: GENERAL CONTRACTOR: ADDRESS: ZIP. PHONE #: LICENSE NO: LAND CLEARING CONTRACTOR: ADDRESS: ZIP: PHONE #: LICENSE NO: PURPOSE FOR LAND CLEARING: I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code (Article XIV). CONTRACTOR SIGNATURE: DATE: STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of 200_ By Personally known or Notary Public, State of Florida Produced Identification Type of identification produced. I have received a copy of "Commercial and Subdivision Site Preparation Policies and Procedures" Contractors Signature: 39 A5 APPLICATION FOR DEWATERING SUB -PERMIT IN THE CITY OF SEBASTIAN This sheet is part of the application for commercial land clearing for permission to perform dewatering work within the City of Sebastian in accordance with terms and conditions as set forth by the City Engineering Department. ALL DEWATERING ACTIVITIES WITHIN CITY LIMITS WILL REQUIRE A PERMIT. Please provide a sketch / plan of the proposed work that includes a brief but clear description of the work to be performed and its general purpose. The sketch / plan needs to include an address and description of the location. Contractor Name: Address: License Number: Contact Person: Contact Phone No.'s Office Tel. Cell: Location and Description of Work: This Water Discharge will impact and/or affect a: Front Swale Side Ditch Rear Ditch / Channel Other: Zip: E-Mail Culvert Canal Does work require a St. Johns River Water Management District Permit? Yes Estimated Start Date: Estimated Date of Completion: Contractor Signature: Date: Engineering Use Only: Pre- Construction Inspection: Date: Final Inspection: Date: Seawall No APPLICATION MUST INCLUDE THE FOLLOWING DOCUMENTATION AND OUTSIDE AGENCY APPROVALS AS APPLICABLE. DOCUMENTATION THAT IS ALREADY ON FILE WITH GROWTH MANAGEMENT DEPARTMENT DURING SITE PLAN APPROVAL NEED NOT BE RESUBMITTED: Proof of ownership or recorded warranty deed Site Plan Approval from City of Sebastian Growth Management Department Dewatering Permit Application as needed Tree Survey showing all existing trees. Indicate which trees are to be preserved, removed and/or relocated on the survey. St. Johns Water Management District Department of Environmental Protection Agency Army Corp _ Florida Fish and Wildlife Commission Department of Transportation Health Department Approval — (septic tank removal requires H.D. permits) Indian River County Fire Rescue Department Indian River County Utilities 40 A5 HOME OF PELICAN`iStAN BUiLDING'DEPARTIVIENT 1225 MAIN STREET• SEBASTIAN, FLORIDA32958 TELEPHONE: (772) 689-5537 - FAX (772) 589-2566 COMMERCIAL AND SUB -DIVISION SITE PREPARATION POLICIES AND PROCEDURES This packet was assembled to inform the applicant of City policies and procedures that are in effect for all commercial sites and subdivisions to ensure code compliance, workplace safety and accessibility. Any questions to these policies and procedures can be directed to: Wayne Eseltine. Buildina Official at 772-388-8235 • As a condition to the Commercial Land Clearing permit, and issuance of future building permits, the Building Department requires all underground utilities that are in the roadways to be installed, including fire hydrants that are required per Indian River County Fire Rescue. After the utilities are installed, roads need to be designed and constructed up to the point where there is a solid road base or asphalt surface that physically supports and allows for emergency vehicle access to the satisfaction of Indian River County Fire Rescue. Before any Building permits are issued, the site will require inspections and approvals by the Building Department and Indian River County Fire Rescue for minimum code compliance. Inspections will be scheduled through the Building Department. • All buildings shall be constructed in accordance with the approved grading plan for the site. Finish floor elevations for residential type structures shall meet the elevations provided on the approved grading plan, which shall be a minimum of 18 in. above the crown of the road per City Code of Ordinances. Finish floor elevations will be given a tolerance of +0.10 ft. only, from the elevations shown on the approved grading plan upon submittal of form board survey for review. • If street identification becomes a problem during the course of construction, this department will require the developer or contractor to provide suitable temporary or permanent street signage to facilitate the inspection process. 41 A5 a SEBAS Wk HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN $TREET • SEBASTIAN. FLORIDA 32958 TELEPHONE` (772) 589=5537 FAX (772) 589-2566 TREE PROTECTION REGULATIONS Prior to development or construction activity, the developer shall erect suitable brightly colored tree protection barricades, a minimum of 4 ft. tall, around trees to be preserved and shall remain in place until the construction activities are completed. The area within the tree protection barricade shall remain free of all building materials, dirt or other construction debris, vehicles and development activities. Barricade shall be erected at a minimum distance from the base of the trees to be preserved according to the following standards: a) For trees 10 in. or less DBH. Tree protection barricades shall be placed a minimum distance of 5 ft. from the base of each tree to be protected. b) For historic trees and trees greater than 10 in. DBH. Protective barricades shall be placed at a minimum distance of 10 ft. from the base of each tree to be protected plus an additional 1 ft. for each additional inch DBH greater than 10 in. Changes to grade or construction of impervious surface or utilities within the required protective barricade shall be permitted subject to the following guidelines: 1. Changes in grade or construction within protected zone must be approved by the City Manager or his designee prior to the beginning of construction. Plans must be submitted which illustrate in detail protective measures necessary to protect the trees. 2. Impervious surfaces shall maintain minimum clearance from the bases of all trees to be protected. Trees 15 in. DBH or less shall have a minimum clearance of 6 ft. Trees over 15 in. DBH up to 20 in. DBH shall have a minimum clearance of 9 ft. Historic and trees over 20 in. DBH shall have a minimum clearance of 12 ft. 3. All roots outside the protective barricade to be removed during construction shall be severed clean. 4. All pruning of historic and specimen trees shall be done by a qualified tree service during construction. Note: The site must be clearly identified and accessible for the inspector to verify the accuracy of the tree survey and calculations. Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. Permitted activities may only be undertaken between the hours of 8 a.m. and 5 p.m. Monday through Friday, and not during holidays in which City Hall is closed. 42 EXHIBIT B MOF SEBAST" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastiian.org TO: Board of Adjustment FROM: Dorri Bosworth, Manager/Planner Community Development Department DATE: October 25, 2024 RE: Appeal of Landclearing Permit Denial - Case #24-APL-8 Sebastian Overlook Subdivision/Sebastian Highlands Unit 17 Hawkins Project 1, LLC, Appellant The following materials and items were submitted to staff from the appellant, Hawkins Project 1, LLC, to be presented to the Board of Adjustment for their consideration in support of their appeal request: EXHIBIT B ITEMS: Received on 10/15/2024: • B1: Written letter requesting appeal of Staff's 10/14/24 Permit #24-3711 denial Received on 10/11/2024 — Permit downloaded in MvGov Permitting Svstem: • B2: Commercial Landclearing & Dewatering permit applications • 63: Description of Work from applicant on MyGov Customer Portal • B4: Letter of Authorization for MPLD to act as representative for Hawkins Project 1 • 85: Sheet C-3 site Layout (without tree survey or removal information) • B6: Survey • B7: Air Curtain Incinerator information • B8: FDEP NOI/Permits for Water and Wasterwater Systems (in previous owner's name) • 139: Special Warranty Deed Received on 9/5/2024 —Variance Application before Submittal of Landclearing Permit & Denial: • B10: Variance Application • B11: Letter of Authorization • B12: Justification Statement • B13: Gopher Tortoise Survey Report dated 5/2021 • B14: Environmental Assessment Report dated 7/2024 43 OL M PLO MILLER PERMITTING 6 LAND DEVELOPMENT Supplemental Information Application to Board of Adjustments B.-Additional data and information as reauired to-pniperly advise the BQa1ALQf the facts and circumstances n-eeded to decide the case on its merits. With this letter, we are appealing the denial of Land Clearing Permit 24-3711 by the Community Development Department. In their zoning review, the Department stated that, "Since the area is already platted, individual Land Clearing permits are required". We find this decision to be in error and have detailed why in this letter. Sebastian Highlands Unit 17 is a platted single family lot community and is afforded the same rights and responsibilities as the other 16 units of Sebastian Highlands. This platted development has been under construction for 54 years in this community. Absolutely no tree mitigation is required under our current zoning and entitlement. Each lot of record may be cleared, filled, and built upon along with the infrastructure of the roads, drainage systems and more without any mitigation requirements. The builder must plant 7 trees per lot prior to receiving their CO as a part of their permit process. The builders are not required to keep any original trees on their lots: nor are they required to pay mitigation fees towards any cleared trees not re -utilized. That is our current condition. Home building over time has changed considerably. Also, standards to do with drainage, and flood zone elevations have also changed. To create a community governed by changing conditions, we designed a drainage system that would include a control -structure pond onsite that would collect water and then run to the adjacent city drainage canals. While giving up 10 buildable lots was a challenge, our team wanted to provide an enhanced environment to our homeowners that would include a beautiful pond in the center of the community. This modification in dealing with existing conditions means the entire site must be graded and sloped accordingly to this drainage structure. The site requires re -grading, three feet of fill and excavation. If we were to clear, grade, and fill just one or two lots, they would essentially sit above a swamp until the approval for the final home is permitted to clear while creating standing water and a mosquito breeding ground. 44 of OLMPLD MILLER PERMITTING & LAND DEVELOPMENT Another special consideration prompting this appeal is the amount of fill these 33 acres require. By extending this cycle of trucks importing fill over months and months through residential neighborhoods and city roads, the city is not acting in its own best interests. This is why you allow new subdivisions to develop their entire communities without these restrictions. NVR is not a scattered lot builder. They build communities with rapid investment and block by block construction of homes. We are appealing the denial of the Land Clearing permit to allow us to develop this site as any new subdivisions in your city are allowed to do. Again, you have approved multiple subdivisions in the last year who clear the entire site. The only reason we are not afforded the some rights is that we are an older community. The land itself is also previously cleared land. Regrowth happens quickly in Florida and most of the site is covered in invasive species. We have a total of 194 protected trees on this site that we are currently allowed to remove without notice if we do it lot by lot. However, we have agreed to meet with city arborist onsite to discuss potential mitigation by relocatingtrees onsite or transplanting to other property owned by the city. Our ownership wants to work with the city to see this project be a success for everyone involved. We have already committed to installing 600' of public sidewalks outside of our community and an extremely unusual off -site stormwater maintenance agreement. We hope to be exceptional neighbors and hope you will make the decision that works the best for the city and for our team. Please approve this request. Rebecca Miller, President MPLD Consulting 772-418-1384 rebecca@mpldconsulting.com 45 B1 MPLLTIO CONSU Criteria for Determining Variances — Sec. 54-1-2.5 a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district Response: The owner is providing an enhanced environment for their future homeowners including a drainage pond in the center of the community. This City -approved plan requires the entire site to be graded and sloped to this drainage pond structure. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Response: The current approved drawings require the entire site to be graded concurrently for effective drainage. if we were to clear, grade, and fill just one or two lots at a time, it would cause stagnant water to accumulate on -site inviting pests and mosquito -borne diseases. Granting this variance allows us to avoid these unfavorable conditions. c. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Response: Under your current code for subdivisions, the City has approved several new subdivisions in the last two years. These subdivisions are allowed by right to clear cut and develop their properties including their individual lots. For example, the following property has been approved in the previous two years and is allowed to be site -ready with all infrastructure and fill in -place ready for the houses to be built: "Spirit of Sebastian." The reason our site is not afforded the same privilege is due to the fact that we are a previously platted community. Our site should be allowed the same rights as our newly approved neighbors. ©eveloping Relationships Today, Building Tomorrow. 46 01 MPLLTIO CONSU d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Response: Changes to federal flood zone and state drainage guidelines have become more stringent since Sebastian Highlands was originally designed and platted in the 1970s. Our site needed to meet these newest conditions. An attractive on -site pond will collect water and efficiently disperse it into the adjacent canals. This affords the community a drier site and a more attractive setting. This plan has been accepted and approved by the City and the state. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Response: This variance reflects the minimum requirements for site development in today's modern standards. We are not a scattered'lot developer. We will build -out the entire site and must do so in order to achieve the drainage standards required by the City and State. Individual lots must be cleared and filled in order to achieve these standards. Doing less would promote an unhealthy environment with stagnant water and an increased impact on the adjacent roadways for managing fill and clearing equipment. f. Not injurious to the public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: Our variance seeks to rectify adverse public conditions that could accumulate under the current code. Our site is engineered to be graded in its entirety in order to offset any dangerous conditions caused by standing water and reduced elevations. We must excavate, grade, and fill this site in its entirety to avoid adverse conditions from occurring under the current code. Developing Relationships Today, Building Tomorrow. 47 N m g—� 3�„��ab rntn�rr3 n'oix'Ywm�°tlaao�"iY"a .d, �„N,N�.HawMA�NnSn�tlA,Ya,3watlt � `° alva330N A3walp 11 Hcom 'J 9? 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' I � ar� "R�mlWla•B � � ,a�, wwa,,:RB,: �Bu �� ---_=_--=- �- _-'=-� 15 -- ----- -- =- ----- Settling Basi prior to =J `=--dLscl�c�ing�f�ite�p=_=�_- IEEIXmRGrA°RO faEl - � existing drainage canal. a XE.mWaLL ; 'N ZONED M FLIP N81 MIORM, - y TPEO°mf lM/PLW21'`f' ---- - - -- ----- s II.wIr.xW axe, — ----- -- — m IIN.muTlwp• 1 R®1 UTILITY NOTES: MI •.ae ' ..--- aBIs,.X°I �aI*oRE.w,m°w�°uo I�� •a•E rwTrm-..f• m mxrR�mfl��RrRa,Ew„a,R°°,pBW,fmmaMm��ralnBwlrw,Ba�R°,,,I,,,a ® mf,XEmem,ratalrr.waRRe�.rar.,W11l.BaE.alaWxar�,a�mf.w°. .mR,waR°„KfW°R�°mar v, 3 r . I r 33 W a - W I Q-iaS Z , xwu t9o8 log ZZE age Lu Z q�qg "ISM 6§ C-6 N Date and Time Commented 10125/24 02:30 PM Comment Type Public Action Type Municipality B3 Commented By Wayne Repl Eseltine Email sent to: Liam McGuire, Kim Fortier Subject: Project 24-3711 - Building Permit Plan Review Comments Sebastian has emailed a copy of Building Permit Plan Review Comments SEE ATTACHED FIRE PLAN REVIEW COMMENTS AND CODE OF ORDINANCE FOR THE PLANNED OPEN BURNING ASSOCIATED WITH THIS LAND CLEARING PROJECT. THANK YOU, Wayne Eseltine Building Official / Fire Marshal 772-388-8235 Internal Attachments: 24-3711 City Code of Ordinance - Open Burning.pdf 10/16/24 07:06 AM Public Municipality Eric Rep] Brierton Email sent to: Liam McGuire Subject Project 24-3711 - Comments Sebastian has emailed a copy of Comments 10/14/24 03:09 PM Public Municipality Dorri Rep! Bosworth Email sent to: Liam McGuire, Kim Fortier Subject: Project 24-3711 - Comments Sebastian has emailed a copy of the Landclearing Permit application Zoning Comments 10/11/24 03:38 PM Public Municipality Linda Repl Lohsl Email sent to: Liam McGuire Subject: Project 24-3711 - Comments Sebastian has emailed a copy of Comments 10/11/24 03:38 PM Public Municipality Linda Rep! Lohsl Email sent to: Liam McGuire Subject: Project 24-3711 - Payment Required Notification A payment is required on project number 24-3711 for the jurisdiction Sebastian. To pay the fee online, please log -on to MGO Connect to access the project and process a payment online with a credit card. If the jurisdiction does not offer online payments, please pay the fee in person at the permit office 10/11/24 02:48 PM Private Municipality Linda Repl Lohsl Customer Portal Application Note: Are you the owner or contractor?: Contractor Permit Type: Land Clearing/Sub-Division Number of Acres: 33.23 Scope/Description of Work: The clearing of flora on the 33.23 acre site. Once the site is cleared, the scope is the completion of site infrastructure for the previously platted subdivision. The project consists of constructing/extensions of the IRC water and sewer systems, construction of public roadway and sidewalk and drainage facilities including pond. The project area consists of 106 single lots (proposed 99 single family residences and pond). In addition, two (2) canal crossings will be constructed as part of the project. 52 lob Value/C'nntrart PrirP: 152688 w I In, I5r\w IL,r1_Ic_wSfe F I\e\vel�?�/\l\Al - - - - -----I1 s „ ,2 - 1 i Isn I 11 r IL�mI __ � dry SITE fl�_`1 _;/m "I IN r� r---- -` 20 ii +5 I :'u". '} "�- :F. �d�„ Imo., r !.r• euc1 i�_`� r°+ _y,`rr•/" 1r.°a u �1 I ' = �..•� I I I III I l I r =',�.r, ai f —TI—_ aDM.IRaL l - f n-SUE J j C - KEY MAP wU __ N -- F d.ro.s,m_ uroi a w, �'• �;• > ._w a rarr e - _ "" paA NACE (Rl ) OF Iwgr B �� . b"v' r, r C '"!' 1,�" u � 2 I. €I • ase+ �. a s�rr "'e -� r r rEoo _acmLavcoetms 43 ZZ 21 2n 77� r T r II I I lIe. x eoel I II rI .wS5 3o- rri 77 ✓f A a..x..® � ---- y� -,- :— -�r - e`xrt I : a-T 1 ra EMPRESS v ,e. _RjP. ggg���ppp sss��6 Ir--q --j-- tr -I I r ---1-_ :x I 7 EM Wa.. 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II u ++ E ID \ I .�"'w�`ars �wx xE3mx No¢ xm ras¢.c,m rm - _j nos° ' _--------- '�_---• -__.,_ � I _mi"rm TME��a. --I-7; ----u Ii NN M¢,r �mnasavem'�,r ��mp.m°.- -X,x T 2AVENUE Pw¢rs nAr rAb Fr..a¢m e¢Es \\a jo X.1 In,.�.x�r YB`\ > -_i--- i--- _ JNSTINE DRIVE j `do1 iui�16C - iNls SURVEr n.n .Em REPDRIT� Eras T,cltmr Asa - -\ TOPOGRAPHICAL DAIS: NEVISIONS: ' er. _'cow � NM Ks SEBASTAN HIGHLANDS 'ml „„«oNIINE3�.4, q.mDRItlNALRA1sEp q�,r ue, 6 FLOpBA LiCEN3E➢ Sl4tVEYlm ANB INPPER.1 /28/9 qpD. ELEV� ISC. O 7E RF �iC 15: BY: UNIT 17 D9,aAy Ngnetl by Wil¢mE r > HFyba¢ KMA Engineering & Surveying, LLC Bn/ps NO E N H. ox f416 A r c c°u N s NEH SHEET 14 OF 17 DNa Wfia BEHeyM1 vn AYy. F TRON ,6/3/95 ADD IR-p OObS SEC - MpL TORO PL us Fwla I y�r - Consmldng Engineers & Surveyora _ ,i Reason lanam,o me a¢u¢ry 1i1311m Ave. s.l,ei Vero Fe.eM1, FI..l39M 6 B/41 /BS�UPDAIEO SURVEY - EVH CDRTs JE EG A �J entl �gMy of Nh Exumenl 1y�/1E - 9/27/,B4O00A, WRVrY - .Zs nmrvc nFV's. DMe 2024-0T 1810310000 1 `�� Mane:ITi41 sx98M1r0 Fn:(JRITro.1Gf GM.Ib rnrvyGkm.nm¢ 1 27 93 ./1e,UwA,Eo wRVEr aDR' ' l I H uaAdr G. nATHU1fJ'1 pAT& Cerlllk.le.rAmheriaHn NAmb.r.LB.93e, (( /z _ WR IinE U'-°YI[1�J �er®onu. mmrerM a u3eree 1 _100' RF2rovE EDI re o . rrs Ilea a•-aA1emD . mw I¢BmeR.uoN No uu _ 1 xEN Ilea a•-Itwrt3 93-764 0/2N/,s UPpl SURVEY ' — (A LVI 9 6AirBurners Air Curtain Principle Air Curtain Burners were designed principally as a pollution control device. The primary objective of an air curtain machine is to reduce the particulate matter (PM) or smoke, that results from burning clean wood waste. It is sometimes hard to visualize without seeing a machine in operation, but the machines do not burn anything, rather they control the results of something burning. You could look at it as a pol- lution control device for open burning. Clean wood waste is loading into the FireBox, and accelerant like diesel is poured on to the wood and the pile is ignited. Very similar to starting a campfire. The air cur- tain is not engaged until the fire has grown in strength or the air curtain may blow the fire out. Once the fire has reached suitable strength, usually 15 to 20 minutes, the air curtain is engaged. The air curtain then runs at steady state throughout the burning operations and the waste wood is loaded at a rate con- sistent with the rate of burn. Our smallest machine will burn at a rate of 1/2 to 1 ton per hour, our larg- est machine can burn in excess of 10 tons per hour. Principal The purpose of the air curtain is stall or slow down the smoke particles on their way out of the FireBox. In doing this the particles are subjected to the high- est temperatures in the FireBox. Stalling the smoke particles in this re- gion just under the air curtain causes them to re -burn, further reducing their size to an acceptable limit. The result is a very clean burn with opacities well under 10 on the Ringelmann scale (as compared to open burning which typi- cally can run at 80 to 100 on the Ringelmann scale). Operation You can see in the picture to the right an Air Burners FireBox completely full and burning while in the background a pile of wood is open burned The wood pile that is open burning con- tinued to burn for two weeks, That en- tire pile could have been eliminated with the FireBox in less than 2 hours. AIR BURNERS, INC. THE PRINCIPLE OF • AIR CURTAIN BURNING ® I = Air Manifold 2 = FireBox Refractory Wall 3 = Wood Waste or Wood Fuel 4 = Air Curtain (left to right) 5 = Smoke (PM or Black Carbon) Open Bumin9 li ate...,.►" �. �" FireBox s - _.� 56 (6 AirBurners Air Curtain Principle For proper operation, the air curtain machine has to be designed to provide a curtain of air over the fire that has a mass flow and velocity that are in balance with the potential mass flow and velocity of the burning wood waste. If the curtain velocity is too high the FireBox can become over pressurized and over agitated. The higher pressure will lift the curtain and cause it to become ineffective. The over agita- tion will cause embers and ash to be blown out of the box past the ineffective curtain at a significantly higher rate than normal. If the mass flow of the curtain is too low then the unburned particles (smoke) will penetrate the curtain on the high velocity of the hot gasses being generated from the burning wood. Air Burners Machines are the most tested machines in the world. We have participated in testing pro- grams with numerous air quality agencies. Air Burners had the honor to be selected as a CRADA part- ner to the US EPA. We support these testing programs as they allow us the opportunity to advance our technology and do a better job of reducing the particulates released in our air. Reducing PM is one of the major steps (according to the USEPA and the UN IPCC) in the reduction of global warming and our machines are one of the few machines designed to play a positive role in that effort. Visit our website if you are interested in additional information, many of the test reports are available for download on our website. AIR BURNERS, INC. 4390 SW Cargo Way * Palm City, Florida 34990 888-566 3900.772-220-7303 sales@AfirBurners.com * www.AirBurners.com AevB 01-19 Z 57 i• FL ORIDA DEPARTMENT OF Ron Deantls Govemoremor Environmental Protection JeanetteNufiaz Lt. Govemor Southeast District Office Noah Valensteln 3301 Gun Club Road, MSC 7210-1 Secretary West Palm Beach, FL 33406 561-681-6600 NOTIFICATION OF ACCEPTANCE OF USE OF A GENERAL PERMIT Permittee: Permit Number: 0039206-1000-DSGP St. Lucie Development Corporation LLC Issue Date: July 22, 2020 Kevin Hawkins, Managing Member Expiration Date: July 21, 2025 226 Ocean Way Project Name: Sebastian Highlands Unit 17 GP Vero Beach, Florida 32963 Water Supplier: Indian River County Utilities Email: tonvahawkins2w,comcast.net PWS ID: 3314052 Dear Mr. Hawkins: On July 22, 2020, the Florida Department of Environmental Protection (Department) received a "Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs" [DEP Form No. 62-555.900(7 )1, under the provisions of Rule 62-4.530 and Chapter 62- 555, Florida Administrative Code (F.A.C.). The proposed project includes: • Construction of 5,202 LF (linear feet) of 6-inch C-900 PVC WM • Two (3) sample points • Five (5) Fire Hydrant Assembly • All associated valves, fittings, and appurtenances Located Lands Lying in Indian River County, Florida. Based upon the submitted Notice and accompanying documentation, this correspondence is being sent to advise that the Department does not object to the use of such General Permit at this time. Please be advised that the permittee is required to abide by Rule 62-555.405, F.A.C., all applicable rules in Chapters 62-4, 62-550, 62-555, F.A.C., and the General Conditions for All General Drinking Water Permits (found in 62-4.540, F.A.C.). The permittee shall comply with all sampling requirements specific to this project. These requirements are attached for review and implementation. 58 ST. Lucie Development Corporation LLC DEP Permit # B8 Kevin Hawkins, Managing Member 0039206-1000-DSGP Page 2 of 3 Pursuant to Rule 62-555.345, F.A.C., the permittee shall submit a certification of construction completion [DEP Form No. 62-555.900(9 )] to the Department and obtain approval, or clearance, from the Department before placing any water main extension constructed under this general permit into operation for any purpose other than disinfection or testing for leaks. Within 30 days after the sale or legal transfer of ownership of the permitted project that has not been cleared for service in total by the Department, both the permittee and the proposed permittee shall sign and submit an application for transfer of the permit using Form 62- 555.900(8 ), F.A.C., with the appropriate fee. The permitted construction is not authorized past the 30-day period unless the permit has been transferred. When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall do so in accordance with the applicable rules of the Federal Asbestos Regulation and Florida DEP requirements. For specific requirements applicable to AC pipes, the permittee should contact the Air and Waste Management Section Managers prior to commencing any such activities at (561) 681- 6672. Please be aware that a notification is required to be submitted to the Department for a regulated project. This permit will expire five years from the date of issuance. If the project has been started and not completed by that time, a new permit must be obtained before the expiration date in order to continue work on the project, per Rule 62-4.030. F.A.C. Sincerely, Julv 22. 2020 Norva Blandin, MSEM Date Program Administrator Permitting and Waste Cleanup ec: Jesse Roland, Indian River County - irolandw ircgov.com FDEP/SED — Norva Blandin, Mark Peters, Jocelyn Labbe J. Wesley Mills, P.E.- wmillsca_>millsshortassociates.com 59 FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 August 4, 2020 PERMITTEE: Kevin Hawkins, Owner St. Lucie Development Corporation LLC 226 Ocean Way Vero Beach, FL 32963 wmillsca;millsshortassociates. com Dear Mr. Hawkins: PERMIT NUMBER: COUNTY: PROJECT: DATE OF ISSUE: EXPIRATION DATE: CONNECTED TO: B8 Ron Mantis Govemor Jeanette Nunez Lt. Govemor Noah Valensteln Secretary 0038931-011-DWC-CG Indian River Sebastian Highlands Unit 17 August 4, 2020 August 3, 2025 Indian River County Utilities North Wastewater Treatment Facility FLA104388 Thank you for your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System for the subject project. The Notice was received on July 16, 2020. This is to advise you that the Department does not object to your use of such General Permit. Please note the attached requirements apply to your use of this General Permit for constructing the proposed domestic wastewater collection/transmission system. The Proposed project includes: • Approximately 5,380 linear feet of 84nch gravity sewer • Approximately 1,635 linear feet of 64nch force main 0 18 manholes Location: Indian River County, City of Sebastian, Section 20/19, Township 31 S, Range 39E You are further advised that the construction activity must conform to the description contained in your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System and that any deviation will subject the Permittee to enforcement action and possible penalties. 60 Kevin Hawkins, Owner St. Lucie Development Corporation, LLC Permit No. 003 893 1 -011 -DWC-CG Page 2 of 3 If you have any questions, please contact Scott Keddy at telephone number (561) 681-6628 or by email Scott.Keddv(a;floridadenxov c4i4 kf4w August 4.2020 Christopher Weller Date Environmental Manager CW/sk Electronic copies furnished to: DEP: Chris Weller, Scott Keddy, Zara Mansoor Jesse Roland, Indian River County Utilities, iroland(&,,ircgov.com J. Wesley Mills, Mills, Short & Associates, WMills(a millsshortassociates.com FILING AND ACKNOWLEDGMENT FILED, on this date, under Section 120.52, Florida Statutes, with the designated Deputy Clerk, receipt of which is hereby acknowledged. Clerk CERTIFICATE OF SERVICE O%MK 08/04/2020 Date 61 3120210054360 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO F— BK; 3448 PG: 2131, 7/29/2021 2:16 PM D DOCTAX PD $21,000.00 B9 This Instrument Prepared By and Should be Returned To: Brian M. Jones, Esquire SHUTTS & BOWEN LLP 300 South Orange Avenue, Suite 1600 Orlando, Florida 32801 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the day of July, 2021, by and between ST. LUCIE DEVELOPMENT CORPORATION, a Florida corporation, whose address is 226 Ocean Way, Vero Beach, FL 32963, (hereinafter, referred to as "Grantor"), and HAWKINS PROJECT I, LLC, an Ohio limited liability company, whose address is 10100 Innovation Drive, Suite 410, Dayton, OH 45342 (hereinafter referred to as "Grantee"). (Whenever used herein, the terms "Grantor" and "Grantee" shall be deemed to include the parties to this General Warranty Deed and the heirs, personal representatives and assigns of individuals, and the successors and assigns of corporations, limited liability companies or partnerships. The singular shall be deemed to include the plural, and vice versa, where the context so permits.) WITNESSETH: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, all that certain land situate in Indian River County, Florida, more particularly described in Exhibit "A" attached hereto (the "Property"). TOGETHER with all the tenements, hereditaments and appurtenances with every privilege, right, title, interest and estate, reversion, remainder and easement hereto belonging or in anywise appertaining, and together with all improvements located thereon or therein. TO HAVE AND TO HOLD the Property, and all the estate, right, title, interest, lien and equity whatsoever of Grantor either in law or in equity or both, to the proper use, benefit, and behalf of Grantee and Grantee's successors and assigns in fee simple forever. AND Grantor hereby covenants with said Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other, and that the Property is free of all encumbrances, except for those matters described on Exhibit "B" attached hereto and by this reference made a part hereof. -1- ORLDOCS 18827368 145616.0042 62 BK: 3448 PG: 2132 B9 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first above written. GRANTOR: ST. LUCIE DEVELOPMENT CORPORATION, a Florida corporation Signed, sealed and delivered in the presence of: __ r By: _w-- -- rint Name G,� .WW1-t _ K S. Hawkins, President Print Name:�l�►fl�� STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me by means of C9' physical presence or ❑ online notarization, this ) � day of July, 2021, by, Kevin S. Hawkins, President of ST. LUCIE DEVELOPMENT CORPORATION, a Florida corporation, on behalf of said corporation, &1'n is personally known to me or has produced as identification. ► r�� . APRILLESPEPANCE (Signatuit of Notary PAlic) t, =. Commission # GG 193N2 Expires March 7, 2022 Print Name:�'?� w^+„4'r BWedihruT-YFain asura80O.385.7u18 Notary Public, State f lorida r Serial No., if any: 1 � 3 � _)_ -2- QRLDOCS 18827368 145616.0042 63 BK: 3448 PG: 2133 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein below is situated in the County of Indian River, State of Florida, and described as follows: Lots 1 through 18, Block 594; Lots 1 through 9, Block 595; Lots 1 through 32, Block 596; Lots 1 through 32, Block 597 and Lots 1 through 18, Block 598, Sebastian Highlands Unit 17, according to the plat thereof, as recorded in Plat Book 8, Page 46, of the Public Records of Indian River County, Florida. -3- ORLDOCS 1.88273681 45616.0042 64 BK: 3448 PG: 2134 EXHIBIT "B" PERMITTED ENCUMBRANCES Taxes and assessments for the year 2021 and subsequent years. which are not yet due and payable. 2. Matters as shown on the Plat of Sebastian Highlands Unit 17 recorded in Plat Book 8, Pages 46, 46A through 46P. Declaration of Restrictions recorded in Official Records Book 389, Page 164; Amendment to Declaration of Restrictions recorded in Official Records Book 393, Page 522, and as may be subsequently amended. 4 Assignment of Plat and Other Easements in favor of the City of Sebastian, Florida, recorded in Official Records Book 1000, Page 984; as further assigned to Indian River County, Florida, recorded in Official Records Book 1074, Page 140 _4_ ORLDOCS 18827-368 145616.0042 65 CPU Permit Application No. `�._. City of Sebastian „ Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: Rebecca Miller, President, MPLD Consulting Address: 528 Northwood Road, West Palm Beach, FL 33407 Phone Number: (772 ) 418 - 1384 FAX Number: ( E-Marl: rebecca@mpldconsulting.com Owner (If different from applicant Name: Hawkins Project 1, LLC Address: 10100 Innovation Drive Ste 410, Dayton, OH 45342 i Phone Number: (513 ) 678 - 0216 FAX Number: ( E-Mail: jon.bills@ddcmgmt.com Title of permit or action requested: Full site mobilization for clearing. V RrJCppa¢L PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT MMARE E VESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Sebastian Highlands Unit 17 5,Mvx) ov�L�,� --Ak& B. Site Information Address: See attached Special Warranty Deed. Lot: Block: Unit: Subdivision: See attached Special Warranty Deed. Indian River County Parcel #: 31391900001594000001.0 See attached spreadsheet for more parcel numbers. Zoning Classification: RS - 10 Future Land Use: Residential Single Family LZA_ I Existing Use: Vacant Proposed Use: Residential Single Family C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv:: Completion of site infrastructure for the previously platted subdivision. The project consists of constructing/extensions of the IRC water and sewer systems, construction of public roadway and sidewalk and drainage facilities including pond. The pro -ma t area consists of 106 single lots (Dr000sed 99 single family residences and pond). In addition, two (2) canal crossings will be constructed as part of the project. - - - DATE RECEIVEDI 15 12 ` FEE PAID: $a 00 RECEIVED BY: i F# g5'o 66 Permit Application No. D. Project Personnel: Aq ent: Name: Rebecca Miller, President, MPLD Consulting l j Address 528 Northwood Road, West Palm Beach, FL 33407 I I Phone Number. (561 ) 597-7613 FAX Number: ( ) - E-Mail: grace@mpldconsulting.com + Attorney_ Ij Name: Robert M. Curry, Thompson Hine LLP 3 Address 10050 Innovation Drive, Suite 400, Dayton, Ohio 45342 1 Phone Number:( 937 ) 443 - 6511 FAX Number: ( 937 ) 443 - 6635 E-Mail: Bob.Curry@ThompsonHine.com Engineer: Name: Mills, Short & Associates 1 Address 700 22nd Place, Ste 2C/2D, Vero Beach, FL 32960 Phone Number: ( 772 ) 226 - 7282 FAX Number: ( ) - E-Mail: wmills@millsshortassociates.com Surveyor: Name: Hayhurst Land Surveying, Inc. Address 445 9th Street SW, Unit 7, Vero Beach, FL 32962 I Phone Number: (772) 569 - 6680 FAX Number: f E-Mail: I Rebecca Miller BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURDATE SWORN TO AND SUBSCRIBED BEFORE ME BY 9the e_c� MIA WHO IS PERSON6LLY KNOWN_TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF fA C''i"Cwv/ ��/ /� 20j. NOTARY'S SIGNATURE (Y�7r l� J(1_� PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: i 1s # as =... ,,, �o"�F�4'es Jarwery 2�127 67 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOAC 6F BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE ME MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIA OF TH CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by �.� b�:�CG�. � Lit* who is eg=ally known to me or produced as identification, this .L day of 'S_,L Z y-+e e' 20 Notary's Signature �� a^"-,) Printed Name of Notary Commission No./Expiration Seal ; ''t BRIM R. Ct7LEMM tY' Coln isl" 0 HH 352U9 JMUMY 23, 2027 APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. / 41011Z ACKNO)KWED43111IDA .: Permit Application No. MJF SJEBASTLA HOME OF PEUMN ULAM Supplemental Information Application to the Board of Adjustment 1. This application is for (check one): X variance(s) appeal(s) 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): Sec. 54-3-14.7. - Tree removal, grubbing, and land clearing permits (see attached). 3. Legal description of the property involved: See attached Special Warranty Deed. 4. Attach the following: X a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. X b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot _or r,arcel of land that is subect of the application. 69 B11 HAWKINS PROJECT I, LLC 10100 Innovation Drive, Suite 410 Dayton, OH 45342 (513) 678-0216 OWNERSHIP AUTHORIZATION I hereby authorize any representative of Miller Permitting & Land Development to act as authorized agent on behalf of Hawkins Project I, LLC related to any and all variance -related tasks with the City of Sebastian, Florida. Jonath• � M. Bills, Manager Hawkins Project I, LLC STATE OF OHIO ss COUNTY OF MONTGOMERY The foregoing instrument was acknowledged before me this 1� day of 2024, by Jonathan M. Bills, Manager of Hawkins Project I, LLC, an Ohio limited liability company. IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. NOtary Public My Commission Expires: 0q-6-7015- 70 B12 MPLLTIO CONSU Justification Statement Sebastian Highlands Unit 17 is a platted single family lot community and is afforded the same rights and responsibilities as the other 16 units of Sebastian Highlands. This platted development has been under construction for 54 years in this community. Absolutely no tree mitigation is required under our current zoning and entitlement. Each lot of record may be cleared, filled, and built upon along with the infrastructure of the roads, drainage systems and more without any mitigation requirements. The builder must plant 7 trees per lot prior to receiving their CO as a part of their permit process. The builders are not required to keep any original trees on their lots: nor are they required to pay mitigation fees towards any cleared trees not re -utilized. That is our current condition. Home building over time has changed considerably. Also, standards to do with drainage, and flood zone elevations have also changed. To create a community governed by changing conditions, we designed a drainage system that would include a control -structure pond onsite that would collect water and then run to the adjacent city drainage canals. While giving up 10 buildable lots was a challenge, our team wanted to provide an enhanced environment to our homeowners that would include a beautiful pond in the center of the community. This modification in dealing with existing conditions means the entire site must be graded and sloped accordingly to this drainage structure. The site requires re -grading, three feet of fill and excavation. If we were to clear, grade, and fill just one or two lots, they would essentially sit above a swamp until the approval for the final home is permitted to clear while creating standing water and a mosquito breeding ground. Another special consideration requiring this variance is the amount of fill these 33 acres require. By extending this cycle of trucks importing fill over months and months through residential neighborhoods and city roads, the city is not acting in its own best interests. This is why you allow new subdivisions to develop their entire communities without these restrictions. NVR is not a scattered lot builder. They build communities with rapid investment and block by block construction of homes. We are requesting a variance to allow us to develop this site as any new subdivisions in your city are allowed to do. Again, you have approved multiple subdivisions in the last year who clear the entire site. The only reason we are not afforded the same rights is that we are an older community. The land itself, is also previously cleared land. Regrowth happens quickly in Florida and most of the site is covered in invasive species. We have a total of 194 protected trees on this site that we are currently allowed to remove without notice if we do it lot by lot. However, we have agreed to meet with city arborist onsite to discuss potential mitigation by relocating trees onsite or transplanting to other property owned by the city. Developing Relationships Today, Building Tomorrow. B12 MPLLTIO CONSU Our ownership wants to work with the city to see this project be a success for everyone involved. We have already committed to installing 600' of public sidewalks outside of our community and an extremely unusual off -site stormwater maintenance agreement. In addition to this, with approval of this variance and an expedited review of revised construction plans (not to exceed 30 days), we would also agree to provide the city (without a city co -pay as approved in the city commission of $100,000.00) with a box culvert that you prefer for ease of city maintenance at our own cost. We hope to be exceptional neighbors and hope you will make the decision that works the best for the city and for our team. Please approve this request. Developing Relationships Today. Building Tomorrow. B12 r1i MPLLTIO Criteria for Determining Variances a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district Response: The owner is providing an enhanced environment for their future homeowners including a drainage pond in the center of the community. This City -approved plan requires the entire site to be graded and sloped to this drainage pond structure. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Response: The current approved drawings require the entire site to be graded concurrently for effective drainage. If we were to clear, grade, and fill just one or two lots at a time, it would cause stagnant water to accumulate on -site inviting pests and mosquito -borne diseases. Granting this variance allows us to avoid these unfavorable conditions. c. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Response: Under your current code for subdivisions, the City has approved several new subdivisions in the last two years. These subdivisions are allowed by right to clear cut and develop their properties including their individual lots. For example, the following property has been approved in the previous two years and is allowed to be site -ready with all infrastructure and fill in -place ready for the houses to be built: "Spirit of Sebastian." The reason our site is not afforded the same privilege is due to the fact that we are a previously platted community. Our site should be allowed the same rights as our newly approved neighbors. Developing Relationships Today, Building Tomorrow. W J MPLLTIO CONSU d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Response: Changes to federal flood zone and state drainage guidelines have become more stringent since Sebastian Highlands was originally designed and platted in the 1970s. Our site needed to meet these newest conditions. An attractive on -site pond will collect water and efficiently disperse it into the adjacent canals. This affords the community a drier site and a more attractive setting. This plan has been accepted and approved by the City and the state. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Response: This variance reflects the minimum requirements for site development in today's modern standards. We are not a scattered lot developer. We will build -out the entire site and must do so in order to achieve the drainage standards required by the City and State. Individual lots must be cleared and filled in order to achieve these standards. Doing less would promote an unhealthy environment with stagnant water and an increased impact on the adjacent roadways for managing fill and clearing equipment. f. Not injurious to the public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: Our variance seeks to rectify adverse public conditions that could accumulate under the current code. Our site is engineered to be graded in its entirety in order to offset any dangerous conditions caused by standing water and reduced elevations. We must excavate, grade, and fill this site in its entirety to avoid adverse conditions from occurring under the current code. Developing Relationships Today, Building Tomorrow. G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R. KULCZYCKI, CEC, CES, CFI 155 McKee Lane Vero Beach, FL 32960 Phone 772-567-9129 May 22, 2021 Mr. Michael Debock ilECEIVEm Ryan Homes Market Manager Land 1450 Centrepark Blvd. / #340 West Palm Beach, FL 33401 — RE: Gopher Tortoise Survey Report with Maps & GPS Locations 33.23±-Acre Site in Sebastian (Sebastian Highlands Unit 17) Dear Michael, G. K. Environmental, Inc. (GKE) and staff have completed the requested gopher tortoise survey on the above referenced property. The survey was conducted May 3, 4, and 5, 2021. The original survey was conducted in October 2018. The results.are similar. The subject site consists of one (1) undeveloped densely wooded parcel (see site map) centrally located in Sebastian Highlands within the City of Sebastian. No structures are located on the parcel. The surrounding property is developed into platted single-family homes or undeveloped wooded lands. The parcel abuts a large waterway / drainage canal. The site is dominated with: mature slash pines, Pinus elliottii; cabbage palm, Sabal palmetto; saw palmetto, Serenoa repens; live oak, Quercus virginiana; scrub oak, Quercus berberidifolia; grapevine, Vitis; Brazilian pepper, Schinus terebinthifolius; and briars. HABITAT DESCRIPTION Land Use and Veaetation Communitv Tvpes (FLUCCS Code / Modified Type 4412 — Pine / Oak / Cabbage Palm Flatwoods with scattered open areas dominated by brier / black berries, grapevines, and gallberry. No wetlands onsite. Pagel of 3 GKE / Debock / 33 Ac. Site 5-23-21 75 B13 Dominant canopy and mid -canopy vegetation onsite includes but not limited to the following: Slash Pine Saw Palmetto Cabbage Palm Live Oak Scrub Oak Runner Oak Wax Myrtle Brazilian Pepper Gallberry Muscadine (grapevine) Briars / Blackberry Pinus eliotti Serenoa repens Saba/ palmetto Quercus virginiana Quercus inopina Quercus pumlia Myrica cerifera Schinus terebinthifolius Ilex glabra Uitis rotundifolia Rubus spp. Animals and Avian species observed onsite (or adjacent to site) include but not limited to the following / including numerous dogs and cats: Blue Jay Cyanocitta cristata Mockingbird Mimus polyglottos Wren Thryothorus ludovicianus Black Snake Pantherophis obsoletus Raccoon (tracks only) Several narrow trails are located within the parcel, some possibly based / located on old platted road right-of-way cleared years ago (see related GKE scrub jay survey for further site details). Gopher tortoises do utilize the site. Thirty-seven (37) burrows were located, flagged, and GPS in. All but one appears to be active / PO potentially active. (See gopher tortoise burrow location maps and GPS burrow location chart.) The 37 active burrows equate to approximately 19-22 (50%-60% of active burrows) gopher tortoises onsite(s). Some of the areas are extremely overgrown with palmetto, Brazilian pepper, grapevine, and briars, etc. making inspection of these areas more difficult. A State gopher tortoise relocation permit will be required prior to land clearing if development activity is located within 25 feet of each burrow. Approximately 80% of the property was investigated. Vegetation in some areas was very thick and did not allow complete access for a detailed survey in these smaller areas. Page 2 of 3 GKE / Debock / 33 Ac. Site 5-23-21 76 B13 No other listed species or their associated habitat were observed onsite. The subject area is surrounded by relatively dense residential development and large areas of wooded land and heavily traveled surrounding roads. The onsite environmental conditions as described in this report are based upon personal onsite observations and technical information available at the time of this survey. This report is intended for permitting and/or planning purposes. This is the second gopher tortoise survey completed on this property. The first one by G. K. Environmental, Inc. was completed in October 2018 with similar results. If you have any questions regarding the above or need further environmental assistance, please do not hesitate to contact our office. Thank you for choosing G. K. Environmental, Inc. to provide this survey and report. NOTE: Per the City of Sebastian's comments in July 9, 2019: "A current gopher tortoise survey (transecting at least 15% of potential gopher tortoise habitat), per FWC survey guidelines must be conducted. Following the survey a table of burrows and lat/long must accompany a legible map both items should categorize each burrow as either potentially occupied (PO), or abandoned (AB). Note: A 100% survey of the site will be required within 30 days of applying for relocation of the tortoises with FWC." C;eorpe R XuCczycki George R. Kulczycki, CEC, CES, CEI President, Principal Ecologist G. K. Environmental, Inc. cc: Vincent Musso w/ aft George Kulczycki w/ aft Mav 23, 2021 Date Page 3 of 3 GKE / Debock / 33 Ac. Site 5-23-21 77 Environmental Assessment & Listed Flora and Fauna Sebastian Highlands Unit 17 (Hawkins Project LLC) Ithaca Avenue, Empress Avenue & Spring Valley Avenue City of Sebastian, Indian River County, Florida (f33.23 Acres) Section 19, Township 31 S, Range 39 E Prepared For: Megan Willbur DDC Management, LLC. 1000 Legion Place, Suite 800 Orlando Florida 32801 Prepared By: Jennifer Acevedo "If 7 8Y: EwRONMENTALCONSULIING DEPARTMENT © Aquatic RESEARCH Monitoring, Equipment, 6 Deployment, LLC. July 2024 78 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 Table of Contents 1.0 Introduction and Site Description.......................................................................................... 3 2.0 Vegetation, Habitat Description, and Listed Flora Survey Results .................................... 4 2.1 Upland Habitat...................................................................................................................... 6 2.2 Wetland Habitat.................................................................................................................... 7 3.0 Wildlife Evaluation and Listed Fauna Survey...................................................................... 7 3.1 US Fish and Wildlife Service (USFWS) Consultation Areas .............................................. 8 3.2 Listed Fauna with a General Wildlife Survey Methods and Results .................................. 8 3.2.1 Florida Scrub -Jay Mitigation and Protection Measures ............................................ 11 3.3 Conservation Lands............................................................................................................ 12 5.0 Soils......................................................................................................................................... 12 6.0 Summary................................................................................................................................ 12 7.0 Transect Data......................................................................................................................... 14 Appendix A Figure 1: Location Map Figure 2: Site Map Figure 3: Parcel Map Figure 4: Existing Habitat/FLUCCS-CLC Map Figure 5: Federal Emergency Management Agency (FEMA) Flood Zone Map Figure 6: Florida Department of Environmental Protection (FDEP) Watershed Map Figure 7: Light Detection and Ranging (LIDAR-Elevation) Map Figure 8: United States Geological Service (USGS) Topographic Map Figure 9: Agency Reported Land Use Map Figure 10: General Wildlife Survey including Listed Flora & Fauna Transect Map Figure 11: Soils(s) Map Appendix B Site Photographs Appendix C Information for Planning and Consultation (IPAC) I,;3r Aquatic RESEARCH Monitoring. Itj Equipment 9 Deloyment, LLC. ...&CUSTOM DESIGNED RESEARCH_ FOUIROT r ONFATI ERESFW SaUfgNS Page 2 of 14 79 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 1.0 Introduction and Site Descriotion An Environmental Assessment (EA) and a Listed Species Survey was conducted by the qualified biologists with Aquatic Research, Monitoring, Equipment, & Deployment, LLC (Aquatic Research FL). The subject property was reviewed in accordance with the City of Sebastian Land Development Code (LDC) and resource protection standards. Therefore, this report contains elements pertinent to assessment for the presence/absence of wetlands, and/or other surface waters as well as native upland habitats with a focus on the presence of scrub. Additionally, the subject property shall be reviewed for the presence of environmentally sensitive lands, adjacent conservation lands of significance and listed flora and fauna along with site/habitat characteristics conducive to support such species. As required by the City of Sebastian within the Appendices of this EA the following maps have been included but are not limited to: Soils Map, FEMA Flood Zone Map, Topographic Map, FLUCCS Map, and Watershed Map. The subject property is ±33.23 acres located within the limits of the City of Sebastian, Indian River County, Florida, Section 21 Township 31 South and Range 38 East. It is further located within a platted subdivision referred to as Sebastain Highlands Unit 17 North of which consists of multiple individual single family home lots with an average size of 0.23. Please see Appendix A, Figures 1 and 2 for the location map and site maps and Figure 3 for the Parcel ID Map and corresponding Parcel ID table. The property is bordered on the north by single family homes and a stormwater system to the south followed by single family homes. To the east the subject property is adjacent to natural lands followed by Highway US 1. The western boundary is adjacent to the Schumann Waterway. Land uses within the general vicinity of the subject property (-E2.0 miles) consists of residential, recreational, and conservation areas (i.e., Sebastian Scrub Conservation Area, Sebastian Stormwater Park, and Sebastian Harbor Preserve). A site visit was conducted on July 4, 2024, by Aquatic Research FL's team of qualified biologists (Appendix B Site Photographs). Based on the findings of the assessment the subject property is best described as historical scrub that has been impacted via construction of the surrounding subdivision, as well as dirt roads and swales resulting in a transition to pine flatwoods habitat. As scrub is a fire dependent, ecologically fragile habitat type, the surrounding development and the suppression of natural fire required as a result, has resulted in a transition to more to a more common and environmentally tolerant community structure of pine flatwoods. Please see Appendix A, Figure 4 for existing upland areas. Aquatic RESEARCH Monitoring, Equipment, D De loyment. LIE. I � CoNsam A.W 1 3 cuss .DESCAW rtEEE.wa+ Eau1Rd9 r PNo � seams Page 3 of 14 80 Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 No listed flora species were observed within the limits of the subject property. Gopher tortoises (Gopherus polyphemus) were observed on the subject property. Completion of an FWWCC compliant gopher tortoises survey was outside the scope of this assessment. However, information provided to Aquatic Research FL indicates the completion of a 100% survey by Ecological Consulting Solutions, Inc. (ECS) in June 2024, listing 22 potentially occupied burrows. Lots containing tortoise burrows will likely require an FFWCC relocation permit. Relocations may be completed once local government approval to build or clear the subject property is obtained. Wildlife transects indicated no other listed species dens, nests, burrows, or roosting areas. Review of past environmental work completed on the subject property indicates that the subject property was part of a Habitat Conservation Plan (HCP) approved by USFWS in 2000 and established for the incidental take of Florida Scrub jays within platted lots in the Sebastian Highlands. This was reported by GK Environmental as confirmed by Kim Haigler (Nov. 2020), Environmental Planner / GIS Specialist at the City of Sebastian Planning Department. Additionally, per Ms. Haigler, preconstruction conditions will apply of which include no clearing of the property during scrub jay nesting season, March 1 — July 1. No further assessment with regards to scrub jays should be required for the subject property, as the property had been assessed and mitigation established for loss of scrub jay habitat as part of the HCP. 2.0 Vegetation, Habitat Description, and Listed Flora Survev Results As part of the assessment conducted on the subject property, vegetation and habitat types were reviewed. This was accomplished utilizing a multi -faceted approach, first reviewing recent and historic aerials, and comparing visible topographic signatures to available agency recorded data. Agency reported data such as Florida Land Use Cover Classification System (FLUCCS) and Cooperative Land Use Cover (CLC) assigned classifications were researched. This dataset (2012-2022) is a compilation of the Land Use/Land Cover datasets created by the 5 Water Management Districts in Florida based on imagery Furthermore, for the assessment of state and federal listed flora, databases such as Florida Natural Areas Inventory (FNAI) and the U.S. Fish and Wildlife Information for Planning and Consultation (IPAC) were consulted to obtain information regarding listed plants with the potential to occur on the subject property (Appendix D). -gK;:i Aquatic RESEARCH Monitoring. Equipment, C Deloyment, LLC. n EwVIRmwNT& 11 1 1.11 -11111. .... B.CUSNM DESKiJI- RESEARp7...EW�PMENT AND CRFATNE RESFNICH SOUlI/DrS Page 4 of 14 81 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 Furthermore, as required in City of Sebastian FEMA panels, hydrological, specifically watershed, as well as elevation data were researched. Based on Federal Emergency Management Agency (FEMA) the subject property is located within Flood Hazard Zone AE and Flood Panel 12061 CO 114J (Appendix A, Figure 5). Per Florida Department of Environmental Protection (FDEP) the subject property is within a 3,801-acre watershed 1 OD drainage basin North Central Indian River Lagoon Unit (Appendix A, Figure 6). Two (2) elevation maps were reviewed, the local water management district Light Detection and Ranging (LIDAR) elevation data from 2015 and the United States Geological Survey (USGS) topography - elevation national data set from an unknown date. Please see Appendix A, Figures 7 and 8 for depictions of recorded topography data and Figure 9 for Agency Reported Land Use Map. After a comprehensive review of the above -mentioned data and aerials, transects were established based on expected variations in habitats. Locations and size of habitat types as indicated in this report are based on the combination of desktop review and field truthing. Thirty-six (36) transects were established to perform the habitat assessment and listed flora species survey. The survey conducted covered ±10.2 acres (f30%) of the ±33.23-acre subject property. See Appendix A, Figure 10 for the Survey Transect Map. Total Acreage of Property 4:33.23 1 Total Acreage of Property Surveved ±10.2 Total Percent of Acreage Survo-ed 30% Table 2.0.A: Approximate acreage of subject property and acres surveyed. No listed flora species were observed on the subject property at the time of survey. See table below for listed flora species endemic to this region of Florida. Florida Natural Inventory Areas (FNAI) Biodiversity Index U.S. Fish and Wildlife Service (USFWS) Endangered Species List Plant Species Common Name *Federal StateStatus Listing Cereus eriophorus var. fragrant prickly- E E Ira:;rans apple Conradina large -flowered N T grandiflora rosemary Dicerandra Lakela's mint E LE immaculata Glandularia maritima coastal vervain N E i� Aquatic RESERRCN Monitoring, Equipment, 9 Deployment LLC. E"�OIUE !� & OATOM DVRESEnaci+ EgUP r+ MD c$&, r+rs�wcH saurans .... Page 5 of 14 82 Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 Lechea cernua nodding pinweed N T Nemastylisfloridana celestial lily N E Nolina atopocarpa Florida beargrass N T Table 2.0.13: Listed flora species endemic to this region based on IPAC and FNAI. No listed flora species were observed within the limits of the subject property. 2.1 Upland Habitat The subject property is solely uplands. Onsite habitat is best classified as native pine flatwoods, common to the region. Review of historical aerials in combination with observed onsite soil types and the presence of remnant scrub vegetation, would indicate an anthropogenic change from scrub to a more mesic and development tolerant pine flatwoods community on the subject property and across the general region over an extended period of time. The surrounding area has experienced significant development over the last decade via the creation of the surrounding subdivisions, as well as dirt roads, the excavation of the Schumann Waterway, stormwater treatment area to the south and the creation of swales on the subject property. Urbanization of a region requires the suppression of fire for safety of residents and protection of structures/property. Furthermore, localized development generally results in elevation changes and alteration of hydrological flows, generally resulting in wetter environments. Scrub habitat in general has low species diversity and is very fragile. Its sustainability heavily relies on fire as the majority of scrub species cannot reproduce without fire. As scrub is a xeric or dry community type alteration of hydrological flows also contribute to the degradation and loss of scrub ecosystems. Dominant vegetation types on the subject property are a mixture of canopy species specifically slash pines and cabbage palms with a secondary association of scrub oak varieties. The mid and understory strata is fragmented consisting mainly of scattered gallberry and saw palmetto intermixed with vines. See Appendix A, Figure 4 for observed upland areas. Existing Upland Habitat FLUCCS/CLC Classifications Observed are as Follows: FLUCCS 411/CLC 13: Pine Flatwoods (In Transition) a Aquatic RESEARCH Monitoring, Equipment, 6 De loyment, LLE. EwRowEwAwaxIm L ?1 a cusroM Aso �s o ,zs s« ..... Page 6 of 14 83 Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 These forests are quite common throughout much of Northern and Central Florida. Originally, longleaf pines were common on drier sites while slash pines, which are less fire-resistant, were confined to moister sites; wildfire being the contributing factor in this distribution. However, fire control and artificial reforestation have extended the range of slash pine into former longleaf sites. The pine flatwoods class is dominated by either slash pine, longleaf pine or both and less frequently pond pine. The common flatwoods understory species include saw palmetto, wax myrtle, gallberry and a wide variety of herbs and brush. (FLUCCS). Representative Vegetation: Slash pines (Pinus elliottii) — Native Cabbage palm trees (Sabal palmetto) — Native Muscadine vine (Uitis rotundifolia) — Native Gallberry shrubs (Ilex glabra) — Native Brazilian peppertrees (Schinus terebinthifolius) — Nonnative Oak trees (Quercus spp.) — Native 2.2 Wetland Habitat To classify an area as a wetland two (2) of the following three (3) criteria must be met: 1. 80 percent or more dominate coverage of wetland plants. 2. Indicators of hydrology 3. Presence of hydric soil. None of the criterion were met. No wetlands are located on the subject property. 3.0 Wildlife Evaluation and Listed Fauna Survey As was done with regards to analysis of vegetation and habitat types, a similar approach was taken with regards to evaluation of onsite fauna, with the focus being the presence of listed species. Prior to conducting the site field work, regulatory databases such as U.S. Fish and Wildlife Information Planning, and Conservation System (IPAC), Florida Natural Areas Inventory (FNAI), FNAI Biodiversity Matrix, and Florida Department of Environmental Protection (FDEP) maps direct, were consulted with regards to any known, documented, or likely occurrences of listed species. Special note was taken with regards to listings of lands being within consultation areas for specific species, as well as any recorded documentations of listed species within or directly adjacent to the subject property. Habitat types on, adjacent, and within the general area or region were also closely reviewed to determine potential locations with increased likelihood of the occurrence of listed species. See Appendix D for the IPAC report. �r►. Aquatic RESEARCH Monitoring, Equipment, 9 Deployment LLC EW� u } ...8 CUSTOM W.%i R RES CH EaurRH,r u+o alEarrrE nesFfacH.saurans .. Page 7 of 14 84 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 3.1 US Fish and Wildlife Service (USFWS) Consultation Areas Based on databases review it was determined that the entire project area lies within the U.S. Fish and Wildlife Service (USFWS) Section 7 Consultation area for Audubon's crested caracara (Caracara cheriway), the Florida scrub jay (Aphelocoma coerulescens), and the piping plover (Charadrius melodus). The crested caracara associates with large expanses of open pasture type lands with mature solitary palms and the piping plover associates with sandy beaches and dunes. Therefore, these two (2) species are highly unlikely to utilize subject property. The Florida scrub jay (Aphelocoma coerulescens) associates with scrub habitat. While the subject property still maintains sufficient scrub structure and proximity to other scrub habitat to be considered suitable for the support of the Florida scrub jay, a Habitat Conservation Plan (HCP) was established in 2000 to account for loss of habitat for this Federal listed species. Therefore, no further assessment is required. See Section 3.2.1 below for additional details regarding scrub jay mitigation and protection applicable to the subject property. 3.2 Listed Fauna with a General Wildlife Survey Methods and Results During the field assessment pedestrian transects were made throughout the subject property to observe for the presence of any state or federal listed fauna species as well as wildlife in general. These included observations of individual animals as well as dens, burrows, rooting areas, or nests. Multiple linear transects were completed across representative portions of all habitat areas. Distances between transects varied in the field depending on terrain, with larger distances between open areas with low lying vegetation, smaller in areas with dense vegetation or suspected listed species occupation. Thirty-six (36) transects were established to perform the listed flora species survey. The survey conducted covered �-_10.2 acres (±30%) of the ±33.23-acre subject property. See Appendix A, Figure 10 for the Survey Transect Map. Total Acreage of Property ±33.23 I. Total Acreage of Property Survey ed f 10.2 Total Percent of Acreage Surve.Ned 30% Table 3.2.A: Approximate acreage of subject property and acres surveyed. 3r Aquatic RESEMCN Monitoring. Equipment, C De layment, LLC pp' EwPiO mNTAL B CLWW OESCMD RESEWCH EQUIPMENT AND CAEnmE rtESEPRu+ sowrroNs Page 8 of 14 85 Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 Gopher tortoise burrows were observed on the subject property. Completion of a FFWCC compliant gopher tortoise survey was outside the scope of this assessment. However, information provided to Aquatic Research FL indicates the completion of a 100% gopher tortoise survey by ESC in June 2024, with 22 potentially occupied burrows. If tortoises are present on lots proposed for development an offsite relocation permit will likely be required unless certain habitat preservation requirements can be met. Leaving a tortoise on a property requires 10 or fewer burrows to be present, establishment of 750 square feet of relocation area suitable for burrowing (80% sun 20% shade) and proper forage (herbaceous low-lying vegetation). The relocation area must additionally be situated as to allow tortoises to leave the property to forage within directly encountering a hazard such as a road or body of water. No other state or federal listed fauna species burrows, nests, dens, or roosting areas were observed on site. See tables below for the list of potential protected fauna species and species observations (listed and non -listed). Florida Natural Inventory Areas (FNAI) Biodiversity Index U.S. Fish and Wildlife Service (USFWS) Endangered Species List Information for Planning and Consultation (IPAQ Species Common Name Federal Status Mammal h elis concolor coryi ;Florida panther puma Peromyscus polionotus (Southeastern beach mouse niveiiventris I Bird [.1phelocoma coerulescens Florida scrub jay Dryobates Leuconotopicus -cockaded woodpecker !red borealis �aterallus jamaicenst's Eastern black rail Ilancus audobonii Mycteria americana wood stork 1'olyborus plancus audubonii icrested caracara Rostrhamus sociabillis Everglades snail kite plumbeus E T N E T State Listing Observation(s) i Presence FE None Observed FT None Observed i" Presence E None Observed E None Observed T None Observed T T None Observed T J _ FT None Observed T T None Observed Reptile Presence Drymarchon corals couperi IEastern indigo snake _j LT I FT None Observed �Gopherus polyphemus Igopher tortoise I C I T None Observed Pituophis melanoleucus pine snake C 1 T None Observed i;i► Aquatic RESEARCH Monitoring, (13 1 Equipment, C Deloyment, LLC. aCLWOM RE� �NTIT01EATNE IESEITM Page 9 of 14 86 i 2 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 Insect Presence -1 Cyclargus thomasi Miami blue butterfly E FE None Observed bethunebakeri 1 Danaus plexippus monarch butterfly I E FE None Observed i ato Bird Breeds Presence imophila aestivalis Bachman's sparrow BCC May 1 to Sep 30 None Observed lydea herodias occidentalis I great blue heron ( BCC I Jan 1 to I None Observed I Dec 31 Arenaria interpres morinella ruddy tumstone I BCC I Breeds Elsewhere None Observed Calidris melanotos pectoral sandpiper I BCC I Breeds Elsewhere None Observed Calidrispusilla Isemipalmated sandpiper I BCC Breeds Elsewhere I None Observed Chaetura pelagica (chimney swift BCC Mar 15 to I None Observed Aug 26 Charadrius wilsonia IWillson's plover BCC Apr IAug I None Observed Cistothorus palustris griseus (Worthington's marsh wren BCC Apr 10 to None Observed Aug 31 LgrItta rufescens reddish egret BCC Clanoides forficatus swallow-tailed kite BCC Falco sparverius paulus American kestrel I BCC Fregata magnifcens magnificent frigatebird BCC Gelochelidon nilotica ;gull -billed tern BCC i Lematopuspalliatus American oystercatcher BCC Haliaeetus leucocephalus bald eagle I irnnodromus griseus short -billed dowitcher Melanerpes erythrocephalus red-headed woodpecker Numenius phaeopus whimbrel hudsonicus BCC BCC Mar I to None Observed Sep 15 Mar 10 to None Observed Jun 20 Apr 1 to gone Observed Au 31 1 Oct 1 to None Observed Apr 30 May 1 to None Observed Jul 31 Apr 15 to I None Observed Aug 31 Sep 1 to Jull None Observed 31 Breeds I None Observed Elsewhere BCC May 10 to None Observed Sep 10 BCC Breeds Elsewhere Passerina ciris painted bunting BCC Apr 25 to Aug 15 None Observed atagioenas leucocephala white -crowned pigeon I BCC May 1 to None Observed Sep 30 l E Aquatic RESEARCH Manitaring, Equipment. 9 De payment. LLC. EwRoNMENTAI LzNsLtTwG` p t $ CUSTOM DESimm RE SFARd1 EWPMENT M.D. CRFATNE RESEARCH SOLUnONS Page 10 of 14 87 0 �d Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 kallus elegans king eail BCC MSe ay ISto P I None Observed i May 20 to IRynchops niger black skimmer BCC Sep 15 None Observed ISternula antillamm Apr 25 antillarum least tern 5to BCC None Observed Tringa avipes lesser yellowlegs BCC Breeds Elsewhere None Observed Tringa semipalmata willet BCC Apr 20 toAug 5 None Observed Table 3.23 List of potential protected species and observations. Non -Listed Species Observations Reptiles Anolis ssp, and basilisk lizards rBasiliscus plumilmns) Amphibians Unidentified toad Mammals Small animal burrows, scat and tracks Fish None Observed Aves Blue iay (C✓anocitta eristatai Table 3.23 List of non -listed species observations. 3.2.1 Florida Scrub -Jay Mitigation and Protection Measures Review of past environmental work completed on the subject property and for the establishment and platting of Sebastian Highlands Unit 17 as a whole, indicates that the subject property was part of a Habitat Conservation Plan (HCP) approved by USFWS in 2000. This HCP was established for the incidental take of Florida Scrub - jays within platted lots in the Sebastian Highlands. Inclusion of the subject property in this HCP, was confirmed in a report created by GK Environmental in 2021, stating that per discussion with Kim Haigler (Nov. 2020), Environmental Planner / GIS Specialist at the City of Sebastian Planning Department, the subject propetyo) is within the existing Sebastian Habitat Conservation Plan (HCP) previously approved for Unit —17. Per Ms. Haigler, no scrub jay mitigation will be required. However, preconstruction conditions will apply of which include no clearing of the property during scrub jay nesting season, March I — July 1. No further assessment with regards to scrub jays should be required for the subject property, as the property had been assessed and mitigation established for loss of scrub jay habitat as part of the HCP. Clearing will occur outside of nesting season. .01�i Aquatic RESEARGN Monitoring, Equipment, 9 DeployMD ment, LLC. ppyy Ew& 3 &CUSTOM DESOED RFSFAAp1 EWIPMENTPMICAEATNERESEAACMSO 'ms Page 11 of 14 E.E. MA F Hawkins Project LLC Indian River County, Florida 3.3 Conservation Lands Sebastian Highlands Unit 17 City of Sebastian July 2024 As part of the assessment, agency databases were searched for conservation lands located within or adjacent to the subject property. Based on the database review, there are three (3) conservation areas within ±1.0 mile from the subject property. The Sebastian Scrub Conservation Area, Sebastian Stormwater Park, and Sebastian Harbor Preserve. 5.0 Soils Based on a review of the Soil Survey Geographic and the Web Soil Survey Databases, both non-hydric (upland) and hydric (wetland) soil types exist on the site. No soil borings or geotechnical analysis was conducted as part of this assessment. See Appendix A, Figure 11 for depiction of onsite soil mapping units. Soil type are as follows: Immokalee fine sand (non-hydric) — 4 Myakka Myakka, wet fine sand,0 to 2 percent slopes (non-hydric) — 5 Myakka fine sand, frequently ponded, 0 to 1 percent slopes — 45 6.0 Summary An environmental assessment was completed on the 133.23-acre subject property located in the City of Sebastian, Indian River County, Florida. The property is a platted subdivision, consisting of multiple lots averaging 0.23 acres in size, within Section 21 Township 31 South and Range 38 East. The subject is solely uplands, specifically native pine flatwoods, considered a type common uplands within the region. No jurisdictional wetlands are present of the subject property. Records review indicates that a Habitat Conservation Plan (HCP) specific to the loss of scrub jay habitat had been approved by USFWS in 2000. This HCP was determined to also be applicable to the subject property based on discussion with City staff in 2020. No further assessment with regards to the Florida scrub jay should be required for the subject property as mitigation has already been completed. � ii Aquatic RESEARCH Manitaring, Equipment, D Delayment, LLC Errs RoNuEuru mG &CUSTOM DES&EDRESEARCH EMPNENTMOCRFATNERESWCHSOL000 Page 12 of 14 :• Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 As part of the HCP preconstruction conditions with regards to the subject must be implemented. This specifically requires no clearing to be conducted during nesting season March 1 — July 1 of any year. Listed species assessment in concert with records review indicate the presence of gopher tortoise burrows on the subject property. Prior to clearing and development of lots with tortoises an FFWCC relocation permit will likely be required. No further listed species of flora or fauna were observed on the subject property. -1111� jr. Aquatic RESURN Monitoring, Equipment. � Degloyment, LLC. _. ENVIRONMENTAL & CUSTOM DESIGNED RESEMCH EpIIWMENT AND CREATIVE RESEARCH SOLUTIONS Page 13 of 14 90 Hawkins Project LLC Indian River County, Florida 7.0 Transect Data Transect ID# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 Width 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 (ft) Length (ft) 750 750 750 750 750 750 750 750 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 1 850 850 850 850 850 850 j 850 Sebastian Highlands Unit 17 City of Sebastian July 2024 Transect Acreage 0,26 0.26 0.26 0.26 0.26 0.26 0.26 0.26 0.29 0.29 0.29 0.29 �I1 0.29 0.29 0.29 0.29 0.29 0.29 0.29 J 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 -111r�;Wlo Aquatic RESEARCH Monitoring, Equipment, D Deployment, LLC. /$ ENVRONMeNRAL CONSUIJING & CUSTOM DESIGNED RESEARCH EQUIPMENT AND CREATIVE RESEARCH SOWTIONS Page 14 of 14 91 41 �J.■.�..i�� ` t j• LEGEND ," [rProperty Boundary lb Indian River county, Florida (FLO61) County, Florida (FL061) 1% Indian River j* j ee iMap nowGw 1 Unit Map Unit Name 4 res Percens-a r v's sand, frequently -Y • IL- sand IL slopes L v• Ilydric 4 percen! slopes c 16 Aj ft V4• s F1, )s. Cr ail +F t *,� R, i `�� r • . iWr y _ y�►w It Appendix B Site Photographs Alleziar lqv &mRaimgPLCaaLTNG DuARTwNr Aquatic. RESEARCH Manitaring, Equipment, & Deplayment, LLG. CLSM DBa�EDCHEQUIRVEvTANDa:EArnVEa SU-UT vs 104 WE Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 Representative Site Photos Westside of property, facing east. Eastside of subject property, facing north. Southside of subject property, facing west. -91t;;iap Aquatic RESEARCH Monitoring, Equipment, 6 D .elo anent, LAC. Q 80uom r oW—SWO ea. m" OVAThtMsearaa+stxorOW Pg 1 of 2 105 w:c',Cp ' � �` ._ 1 P,T"y. n _� �w� ..�i CERTIFICATE OF DEDICATION: STATE OF FLORIDA COUNTY OF INDIAN RIVER KNOW ALL MEN BY THESE PRESENTS THAT, SPIRIT OF SEBASTIAN, LLC., A FLORIDA LIMITED LIABILITY COMPANY, FEE SIMPLE OWNED OF THE LAND DESCRIBED AND PLATTED HEREIN, AS SPIRIT OF SEBASTIAN PUD - POD 113-1, BEING IN THE MUNICIPAL BOUNDARIES OF THE CITY OF SEBASTIAN FLORIDA, HAS CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS: 1. UTILITY EASEMENTS TU.E} THE UTILITY EASEMENTS (U.E.) AS SHOWN ARE DEDICATED IN PERPETUITY TO INDIAN RNER COUNTY FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF UTILITIES BY ANY UTILITY PROVIDER. INCLUDING CABLE TELEVISION SERVICES, IN COMPLIANCE WITH SUCH ORDINANCES AND REGULA11ONS AS MAY BE ADOPTED FROM TIME TO TIME BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. FRONT YARD UTILITY EASEMENTS ARE SUBJECT TO THE RIGHT OF EACH LOT TO HAVE A DRIVEWAY FOR INGRESS AND EGRESS AS APPROVED BY THE CITY OF SEBASTIAN. ANY AND ALL PAVED AREAS/SURFACES WHICH ARE EXCAVATED OR OTHERWISE DISTURBED FOR UTILITY WORK OR OTHERWISE, THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC SHALL BE RESPONSIBLE FOR THE REPAIR OR RESTORATION OF SUCH AREAS. 2. DRAINAGE EASEDIENIS (D. THE DRAINAGE EASEMENTS D.E.) AS SHOWN ARE DEDICATED RI PERPETUITY TO AND SHALL BE THE PERPETUAL MAINTENANCE OBIGATION OF THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. FOR CONSTRUCTION AND MAINTENANCE OF SUCH FACILITIES. THE CITY OF SEBASTIAN IS GRANTED THE RIGHT TO USE AND BRAIN INTO THE EASEMENTS AND TRACTS AND ALSO GRANTED THE RIGHT, BUT NOT THE OBLIGATION, TO PERFORM EMERGENCY MAINTENANCE ON THE EASEMENTS AND TRACTS. THE INDIAN RIVER CUM MOSQUITO CONTROL DISTRICT HAS THE RIGHT OF ENTRY UPON THESE EASEMENTS AND TRACTS FOR THE LIMITED PURPOSE OF INSPECTION, PREVENTION, OR TREATMENT OF MOSQUITO CONTROL INFESTATIONS AS ALLOWED BY LAW. 3. LANDSCAPE EASEMENTS: THE LANDSCAPE EASEMENTS AS SHOWN ARE BOOTED IN PERPETUITY TO AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. FOR LANDSCAPING, BUFFERING, AND DRAINAGE PURPOSES. 4. RECREATION TRACT 3: RECREATION TRACT 3 AS SHOWN ON THIS PLAT ARE DEDICATED IN PERPETUITY TO THE SPINET OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. FOR RECREATIONAL PURPOSES. SAID TRACT STALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. IN WITNESS WHEREOF THE ABOVE NAMED FLORIDA LIMITED LIABILITY COMPANY HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MANAGER TINS -2a DAY, OF 2024. : ^ V on. LA-C.. A FLORIDA LIMITED LIABILITY COMPANY By. ` ROBERT J. WTAW, IANAGER WETNESS; f C WITNESS: PRINT NAME: 1Y W Ur1 PRINT NAME: SPIRIT OF SEBASTIAN PUD - POD 1 B-1 RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) A PARCEL OF LAND SITUATED IN A PORTION OF THE EAST ONE HALF (1/2) OF THE SOUTHWEST ONE -QUARTER (114) OF THE NORTHEAST ONE -QUARTER (1/4) AND THE NORTHWEST ONE -QUARTER (114) OF THE SOUTHEAST ONE -QUARTER (1/4) ALL LYING AND BEING IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA THERE MAY BE ADDITIONAL COVENANTS, RESTRICTIONS, OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. rt T'AN s =pING MID sC000.75mulums Lo uwc Km OF SEBAUM PODMO.i PODND.t l3 P.B.1).iG.i P9.mnI POUND. IA ZCINIG:PUDR !Arouse ux� 111UfE PPycw LINE -- QP+otairo q ZOwN-Kw wona ssa - uvn USE. UT Pmxo.� MAID:PURR PR33 PW ND 16! COAT UUAU5EL0N `\� P811,PG.1 MN OF EEHAFMN] � (NOT"CLUDEM �F Pm N0.lF{ Zp :Mi / i9fIND.t6 USE IAro UEE u s ".W K"OF sksu" LANDMM CAC.) w� "I" PA.31m KrtraPSEmislsu0 0M'O, EEe FMI / LANDUSEu sEAA,^"•wu �� � f „r Zv DG; Na µRG� WOM'LE 0xsa �'I cD.-.' ll eLkrI VICINITY MAP sme r *ADP ACCEPTANCE OF DEDICATIONS THE SPRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION. INC. HEREBY ACCEPTS EACH AND EVERY DEDICATION TO IT CONTAINED ON THIS PLAT AND ACCEPTS THE MAINTENANCE RESPONSIBILITY FOR THE LANDSCAPE EASENDITS, DRAINAGE EASEMENTS AND RECREATION TRACT 3. ADIAC L DG ENT TO CERTIFICATE OF DEDICATION: N STATE OF FLORIDA By. COUNTY OF INDIAN RIVER KAREN MECHUNG, PRESIDENT THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS SPIRIT OF SEBASTIAN PROPERTY DAY OWNER'S ASSOCIATION, INC. OF- 4 ! 2024, BY ROBERT J. WTAW, AS MANAGER OF SPIRIT OF SEBASTIAN, LLC, A FLORIDA LIMITED LIABILITY COMPANY, WHO EXECUTED SAME ON BMW OF AND WITH AUTHORITY OF SAID AUTHORIZED MEMBER. HE IS EITHER EOWALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION. WITNESS: \. PRINT NAME -:,.DM 1YW %v' WITNESS. y ` PRINT NAME: �• FY ! f . , �. 1 t�aiA-1 ACKNOWLEDGMENT TO ACCEPTANCE OF DEDMATKONS: STATE OF FLORIDA COUNTY OF INDIAN RIVER }� NOTARY PUBLIC, STATE OF FLORIDA ] ""`rsed.a .w - THE ORE NG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS -• DAY PRINTED NAME- �_ F - Ee�int EnuZwF OF �-!�'-�-(" 2024, BY KAREN MECHLING PRESIDENT OF SPIRIT � SEBASTIAN PROPERTY �. , �. COMMISSION NO: �•= OWNERS ASSOCIATION INC. A FLORIDA CORPORATION, WHO EXECUTED ON BEHALF OF AND WITH THE AUTHORITY OF SAID CORPORATION. HE S PERSONALLY KNOWN TO ME AND DID TAKE AN OATH. MY COMMISSION EXPIRES: ^=.._�'F - _ - NOTARY STAMP NOTARY PUBLIC, STATE OF FLORIDA „pwwraPNna ACC[PGNICf OF In IY EASEMENTS (Ug,) BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER Jodu 1. F NN IlOW PRINTED NAME• ty$ !f-. L . r--a u-I iG K COMMISSION NO: Wki Si.OU V (2 THIS IS TO CERTIFY THAT ON THIS DAY OF MY GOMMISSIDN EXPIRES: it'13.jL)7,K 2024, THE UTILITY EASEMENTS ARE ACCEPTED BY THE 804RD OF COUNTY COMMISSIONERS OF INDIAN NOTARY STAMP RIVER COUNTY, FLORIDA. BY• SUSAN ADAMS, C WRMAN DATE• ATTEST: RYAN L BUTLER, CLERK OF COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA aWa DLPUTY CLERK PLAT BOOK, CLERK'S FILE NUMBER (CFN)- CER IFICATE OF TITLE: I, CHRISTOPHER H. MARINE, ESO. ATTORNEY LICENSED TO PRACTICE IN THE STATE OF FLORIDA, CERTIFY THAT, AS OF THIS -"' 2024, THE LANDS AS DESCRIBED AND SHOWN ON THIS CERTIFICATKJN OF THE CLERK OF THE CIRCUIT COURT PLAT ARE IN THE NAMES OF, AND APPARENT RECORD TITLE IS HELD BY, THE PERSONS EXECUTING THE STATE OF FLAWDA DEDICATION; THAT ALL TAXES HAVE BEEN PAID ON SAID PROPERTY AS REQUIRED BY CHAPTER 197.192, COUNTY OF INDIAN RIVER FLORIDA STATUTES, AS AMENDED; AND THAT MORTGAGES, LIENS AND OTHER ENCUMBRANCES AGAINST THE LAND ARE AS FOLLOWS: I RYAN L BUTLER, CLERK OF THE CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, MONTAGE IN FAVOR OF TTHINK FINANCIAL CREDIT UNION DATED JULY 14. 2021 AND RECORDED IN FLORIDA, DO HEREBY `CERTIFY THAT I HAVE EXAMINED THIS PLAT OF THE SPIRIT OF SEBASTIAN PUD - OFFiCIAL RECORD BOOK 3444, PAGE 561. POD IB-1 SUBDIVISION AND THAT IT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177 OF THE LAWS OF FLOM AS AMENDED. THIS PLAT FILED FOR RECORD THIS DAY OF ASSIGNMENT OF LEASES, RENTS, AND PROFITS IN FAVOR OF ITHINK FINANCIAL CREDIT UNION DATED , 2024. AND RECORDED IN PLAT BOOT__ PAGE CLERK'S FILE JULY 14, 2D21 AND RECORDED IN OFFICIAL RECORD BOOK 344.4, PAGE 589. NUMBER (CFN) IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA. GOULD COOKSEY FENNELL, PLLC 979 BEACHLAdD BLVD. RYA! L BUTLER, CLERK OF CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA VERO BEACH, FL 32963 BY: DEPUTY CLERK BY: A CHRISTOPHER H. MARINE,ESQ. FLORIDA BAR NO.: G22l STATE OF FLORIDA 37 COUNTY OF MAN MR CERTIFICATE OF SURVEYOR: iTHINK FINANCIAL CREDIT UNION, THE OWNER AND HOLDER OF A CERTAIN MORTGAGE AND SECURITY KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING A LICENSED AND REGISTERED ANDAG�IENf DATED JULY 14, 2021 AND RECORDED JULY 15, 2021 IN O.R. BOOK 3444 PAGE 0561 PROFESSIONAL SURVEYOR AND MAPPER, DOES HEREBY CERTIFY THAT ON JULY 31, 2024, HE COMPLETED DATED THE ASS 4, 021< A TEASES, RENDS, AND PROFITS R FAWN OF 4, PA FINANCIAL CREDIT UNION THE SURVEY OF THE LANDS AS SHOWN IN THE FOREGOING PLAT; THAT SAID PLAT IS A ;CORRECT DATED JULY 1 INDIAN AND RECORDED IN OFFICIAL RECORD BOOK ORTG PAGE WHI IN iHf PUBLIC PRESENTATION OF THE LANDS THEREIN DESCRIBED AID PLATTED OR SUBDMDED; THAT THIS PLAT RECORDS S HRIVER COUNTY, HEREBY FLORIDA (COLLECTIVELY THE 'MORTGAGE, WHICH MORTGAGE CONFORMS TO THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES; THAT PERMANENT REFERENCE SUBORDINATE THE PROPERTY, DOES HERDED CONSENT TO THE DEDICATION HEREON AND DOES MONUMENT$ PERMANENT CONTROL POINTS AND INDIVIDUAL LOT CORNERS HAVE BEEN SET AS SHOWN � MORTGAGE TO SUCH DEDICATION. THEREON AS REQUIRED BY CHAPTER 177, FLORIDA STATUTES, AS AMENDED AND CRY OF SEBASTIAN WITNESS MY HAND AND OFFICIAL SEAL THIS 23 DAY OFCYI ht1-. 2024. SUBDIVISION AND PLATTING ORDINANCE, LAND DEVELOPMENT CODE ARTICLE XIX; AND THAT SAID LAND IS LOCATED IN INDIAN RIVER COUNTY, FLORQk SURVEY TIES TO FOUND GOVERNMENT CORNERS AND TO TMWK FNNANCAL CREDIT UNION INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK MONUMENTS CONFORMS TO FEDERAL GEODETIC , CONTROL COMMITTEE THIRD ORDER CLASS I STANDARDS. By. MTIIONY FURINO, AS"ANT VICE PRESIDENT le z LoZ4 ANO. r {�VI �\ BY.— �/ PATE: _ yyRNESS:. WETNESS: 1 DAVID E. LUETWJ P 5728 CARTER ASSOC., INC., L.B. 205 1708 21st STREET, VERB BEACH, FL PRINTED HWE:,i`✓l�i. PRINTED NAME: ]BAN CITY SURVEYOR CEIMICATION: THIS PLAT OF THE SPIRIT OF SEBASTIAN PUB - POD 18-1 SUBDIVISION HAS BEEN REVIEWED. BY THE 11yf OW U MENT 10 MORTGAGEE'S CONSENT. STATE OF FLORIDA,IA UNDERSIGNED PROFESSIONAL SURVEYOR AND MAPPER EMPLOYED BY THE CITY OF SEBASTIANFOR COUHn INIJ04VN RIVER CONFORMITY TO THE REQU&ENTS OF CHAPTER 177, FLORIDA STATUTES, BEFORE ME PERSONALLY APPEARED ANTHONY FURIND, WHO IS KRSONAILY KNOWN -TO JE-OR HAS PRODUCED AS IDENTIFICATION AND WHO EXECUTED . /D Z 2�',/ THE FOREGOING INSTRUMENT AS ASSISTANT VICE PRESIDENT OF RHINK FINANCIAL CREDIT By. ov,TE; UN10N AND ACKNOWLEDGED TO AND BEFORE ME THAT HE/SHE EXECUTED AS SUCH BILL M. MOODY, P.S.M. NO. 5336 OFFICER OF SAID BANK, WITH FULL AUTHORITY TO DO SO. CITY SURVEYOR FOR SEBASTIAN, FLORIDA WITNESS MY HANDANDOFFICIAL SEAL THIS2v DAY OF (Cube( 2024. rERRFIGATE OF APPROVALAND ACCEPTANCE BY THE CRY COUNCIL THIS IS TO CERTIFY, THAT ON 2024 THE FOREGOING PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN AND NOTARY PUBLIC, STATE OF FLORIDA ""'""p10i ACCEPTED. PRINTED NNE., I Oct Ic L. F^.s AIL � N, I�INN- eqwE mum COMMISSION NO: 44ml53?_0tg412 MY COMMISSION EXPIRES: S tl "� 12` 2Zq NOTARY STAMP ED DODD, MAYOR JEAIETTE MUMS, M.M.C„ CITY CLERK KAREN MILLER, P.E., CITY ENGINEER JENNIFER COCKCROFT, CITY ATTORNEY THIS INSTRUMENT WAS PREPARED BY: DAVID E. LUETH,E, P.S.M. #5728 DATE: OCTOBER 23, 2024 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND PROFESSIONAL SURVEYORS AND MAPPERS 1708 21st. STREET CLERK TO THE VERO BEACH, FLORIDA 32960 THE CITY OF BOARD OF COUNTY CITY SEAL OF CLERK OF PROJECT TEL.(772) 562-4191 FAX.(772) 562-7180 SEBASTIAN COMMISSIONERS SURVEYOR'S SEAL CIRCUIT COURT SURVEYOR'S SEAL PROJECT # 17-42E SHEET i OF 5 14 11 116 1 118 119 120 121 122 123 124 t25 726 127 128 129 130 131 132 1 3 134 to 113 FV0, 148 135 112 111 110 109 1011 i0' IN 105 104 103 102 101 1� � 138 11 -a 147 W 904 137 0 146 97 145 138 jUDAH ARCHIE SM17H 95 141 139 LANDING 86 85 LAND,NG 87 64 95 140 94 143 142 141 Be 83 PARK 70 •,,, 89 30 29 82 81 80 79 78 77 76 75 74 73 72 31 28 90 71 91 32 27 92 � 33 26 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 93 34 25 � 52 35 21 51 50 49 48 4 43 42 41 40 39 38 37 36 23 1 2 3 4 5 6 7 � 12 13 14 15 16 17 18 19 20 21 •0, I . � SO-1 toll Spirit Pod 1131 Final Plat - Staff Review Comments Rev. October 24, 2024 #1: Resolution R-22-26 Condition J Pod 2 Lots WITHOUT Building Permit: 4 Lots Sidewalk SF/Lot Sidewalk SF $ Total $ Lot 2 321.3 $ 5.50 $ 1,767.15 Lot 9 300 $ 5.50 $ 1,650.00 Lot 13 568.25 $ 5.50 $ 3,125.38 Lot 59 296.35 $ 5.50 $ 1,629.93 Total: $ 8,172.45 Bond 110%: $ 8,989.70 206 arrOF SEBASTIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.citvohebastian.ora ❑ PUD — Conceptual Development Plan ❑ PUD — Preliminary Development Plan Aso acres or q ❑ PUD — Preliminary Development Plan (> than so acres) ❑ PUD — Site Plan X PUD — Final Plat ❑ SITE PLAN (Administrative Approval) ❑ SITE PLAN (New Development) ❑ SUBDIVISION — Division of Single Lot (Residential) ❑ SUBDIVISION — Preliminary Plat Aso acres or <) ❑ SUBDIVISION - Preliminary Plat (> than50 acres) SUBDIVISION — Construction Plans ❑ SUBDIVISION —Final Plat LI SITE PLAN (Major Modification) ❑ SITE PLAN (Minor Modification) Project NamdSpirit of Sebastian - Pod 1 B-1 Total Site Area: 7.13/310,396 Acres\SF Parcel ID: 31-39-07-0000-01000-00004.0 Address of Site: 11425 Old Dixie Highway Proposed Use: SF Residential PUD Land Use: Low Density Res Zoning: PUD-R Applicant Name: Spirit of Sebastian, LLC Address: PO Box 690621, Vero Beach, Florida 32969 Telephone: 772-571-5419 Owner: Address: Email: chuck@insitesolutions.biz Applicant (If not owner, written authorization (notarized) from owner is required) Telephone: Email: Date Received: Fee Paid:_ai Received by: FORM A 207 Surveyor: Carter Associates, Inc. Address: 1708 21 st Street, Vero Beach, Florida 32960 Telephone: 772-562-4191 Email: dluethje@carterassoc.com Engineer: Carter Associates, Inc. Address: 1708 21 st Street, Vero Beach, Florida 32960 Telephone: 772-562-4191 Pre —Application Meeting Date: I N/A DESCRIPTION OF PROPOSED PROJECT: Email: jblum@carterassoc.com Proposed first phase of Pod 1 B - 33-lot residential development with associated recreational tract #3. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the perform�c o constr ction. Charles Mechling 7111ati ell Print name Signature / Notarv: STATE OF: F I Of CA COUNTY: I n t h a n iS I V_CK I hereby certify that on a q, �/} ::L , 20 2 LI personally appeared (_. Y1u l- I�1 It eC_ h I i naIho is ✓ personally known to me or has produced identification. Type of identification produced: [SEA Notary Public State of Florida Ak Jodie L. Faulk IIII My Commission HH 520648 Expires 5113/2028 Vr,�, kilt,-Q- Not• Public My Commission Expires: FORM A 208 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE November 4, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of Ordinance 0-24-18 Rescinding Ordinance 97-42 vacating public roads in a portion of Sebastian SUBJECT Highlands Unit 17 Second Reading and Adoption Hearing EXECUTIVE SUMMARY On August 28, 2024 City Council adopted Resolution R-24-46, approving a Development Agreement with Hawkins Project 1, LLC. As part of that Agreement, the City agreed to rescind Ordinance 0-97-42 which referenced vacating public roads in a portion of Sebastian Highlands Unit 17, or more specifically, Ithaca Ave from Empress Ave to Spring Valley Ave. Empress Ave from Schumann waterway to Spring Valley Ave. and Alexis St from Day Dr to the North to the limit of the Plat as seen on the attached map. This item was continued from the October 16, 2024 regular City Council meeting. Per Florida Statute § 166.041(3)(d), consideration of a proposed municipal ordinance at a meeting properly noticed may be continued to a subsequent meeting if, at the meeting, the date, time, and place of the subsequent meeting is publicly stated. No further publication, mailing, or posted notice is required. RECOMMENDATION Staff Recommends adoption of Ordinance 0-24-18. ATTACHMENTS: 1. Ordinance 0-24-18 2. Unit 17 Overview Map 3. Resolution R-24-46 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: $ 0.00 209 ORDINANCE NO.O-24-18 ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING AND RESCINDING SEBASTIAN ORDINANCE NO.O-97-42 (MARCH 5,1997) VACATING THE ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS -OF - WAY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, at its meeting on March 5, 1997 approved Ordinance No. 0-97-42 in reference to vacating road right of ways on a certain section of Sebastian Highlands, Unit 17; and WHEREAS, the Development Agreement with Hawkins Project 1, LLC, as adopted by Resolution No. R-24-46 on August 28, 2024 agreed to rescind Ordinance 0-97-42 in reference to certain right of ways; and WHEREAS, the City may in its right repeal and rescind this Ordinance 0-97-42 if deemed to be in the public interest or for the health, safety and welfare of its citizenry. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1: REPEAL. Sebastian Ordinance No. 0-97-42 (March 5, 1997) attached hereto as Exhibit `A' is hereby repealed and rescinded in its entirety. Section 2: CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. 210 Section 3: SEVERABILITY. If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. Section 4: EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 12024. CITY OF SEBASTIAN, FLORIDA ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK ED DODD, MAYOR Approved as to form and legality for Reliance by the City of Sebastian only: 211 i I J I I Q I I > I I Z I I ►.� I I a I I I EMPRESS AV i I I I � I � I- I I I I I I I I I I � I I _ I SPRING VALLEY AV I I IT I I I I � I I- - - - - - - - - - - - - - - - - - - - - - - - -F- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I Legend r_ I Sebastian City Bc _ j Project Boundary - Streets in Project 100 200 RESOLUTION NO. R-24-46 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT FOR A SUBDIVISION KNOWN AS SEBASTIAN OVERLOOK SUBDIVISION (A PORTION OF SEBASTIAN HIGHLANDS UNIT 17); PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hawkins Project 1, LLC, has made application for a development agreement for the Sebastian Overlook (a portion of Sebastian Highlands Unit 17); and WHEREAS, said development agreement establishes the parameters of constructing said subdivision which are mutually beneficial to both the City and Property owner; and NOW, THEREFORE, be it resolved by the City Council of Sebastian, Florida, as follows: SECTION 1. DEVELOPMENT AGREEMENT APPROVAL. The City Council of the City of Sebastian does hereby approve the developer's agreement for Sebastian Overlook (A portion of Sebastian Highlands Unit 17), attached hereto as Exhibit A. SECTION 2. CONFLICTS. All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member McPartlan The motion was seconded by Council Member Dodd and, upon beilIg put to a vote, the vote was as follows: Mayor Ed Dodd ave Vice Mayor Kelly Dixon aye Council Member Christopher Nunn nay Council Member Fred Jones nav Council Member Bob McPartlan ave 214 The Mayor thereupon declared this Resolution duly passed and adopted this 28"' day of August 2024. ATTEST: W� 4anette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Ed Dodd, Mayor Approved as to Form and Content for Reliance by the City of ebastian Only: en 'fer Cockcroft, Esq., BCS ty Attorney 215 Prepared By: Scott A. Glass, Esq. Shutts & Bowen LLP 300 S. Orange Ave., Ste. 1600 Orlando, FL 32801 After recording return to: City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 3120240043154 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3722 PG: 2383 Page 1 of 36 9/6/2024 9:54 AM DEVELOPER'S AGREEMENT This Developer's Agreement ("Agreement") is made and entered into by and between Hawkins Project 1, LLC, a Florida limited liability company with a mailing address of c/o Eubel Brady & Suttman Asset Mgmt., Inc., 10100 Innovation Drive, Ste. 410, Miamisburg, Ohio 45342 ("Developer"), and the City of Sebastian, Florida, a Florida municipal corporation with a principal address of 1225 Main Street, Sebastian, FL 32958 ("City") and shall become effective on the date it has been finally executed by both Parties hereto (the "Effective Date"). WHEREAS, Developer is the fee simple owner of approximately 33.23 acres of real property as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and; WHEREAS, the Property is located with City limits and carries a designation of Low Density Residential on the City's Future Land Use Map and a designation of RS-10 on the City's Official Zoning Map; and WHEREAS, the Property comprises 109 lots as depicted on the Plat of Sebastian Highlands Unit 17, Blocks 594 to 598, as recorded in Plat Book 8, Page 46M, of the Official Records of Indian River County, Florida (the "Plat"); and WHEREAS, Owner has applied to the City for development approval to develop the Property with a residential community to be marketed as, and commonly referred to as, Sebastian Overlook also known as a portion of "Sebastian Highlands Unit 17," and which shall consist of ninety-nine (99) single-family homes to be constructed on ninety-nine (99) of the existing platted lots, and a stormwater detention pond to be constructed on ten (10) of the existing platted lots (the 99 single-family homes and stormwater detention pond being hereafter collectively referred to as the "Project"); and WHEREAS, on March 5, 1997, City passed Ordinance No. 0-97-42 as recorded in Book 143, Page 2052, of the Public Records of Indian River County, Florida (the "Ordinance"), which Ordinance purported to vacate certain dedicated roadways with the Plat, as more particularly set forth in the Ordinance; Page 1 of 15 216 WHEREAS, Developer has requested that City rescind the Ordinance, so that development of street rights -of -way within the Project can proceed based on the depictions contained in the Plat; and WHEREAS, City has agreed to rescind the Ordinance, subject to the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Recitals and Exhibits. The above recitals are true and correct, are incorporated herein by reference, and form a material part of this Agreement. All exhibits to this Agreement are incorporated herein by reference and form a material part of this Agreement. 2. Authority. This Agreement is entered into pursuant to the provisions of Article V111, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes. 3. City Comprehensive Plan, Code and Development Resulations. In accordance with § 163.3167(5), Fla. Stat., development of the Project is vested, i.e., grandfathered, against application of the City of Sebastian Comprehensive Plan 2040 ("Comp Plan"). Furthermore, notwithstanding any provision of the City Land Development Code ("LDC") to the contrary, development of the Project shall be in accordance with the provisions of this Agreement. In the event this Agreement does not address a particular development standard or criterion, the applicable standard or criterion shall be the standard or criterion set forth in the LDC on the Effective Date unless otherwise agreed in writing by the Parties. 4. Creation of Mandatory Homeowners' Association. Prior to issuance of the first permit for vertical construction of a dwelling unit within the Project, Developer shall create a mandatory homeowners' association for the purpose of owning, operating and maintaining common areas within the Project, and for such other tasks a mandatory homeowners' association may undertake in accordance with Florida law (the "HOA"). Prior to legally creating the HOA Developer shall submit the HOA's proposed Articles of Incorporation and By -Laws to the City for review and approval, such approval not to be unreasonably withheld so long as the HOA documents include the requirements shown within this agreement. 5. Declaration of Covenants, Conditions and Restrictions. Prior to issuance of the first permit for vertical construction of a dwelling unit within the Project, Developer shall subject the Property to a recorded Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The Declaration shall be submitted to City for review and approval prior to recording it among the Official Records of Indian River County, Florida, such approval not to be unreasonably withheld. In addition to the customary provisions found in such documents and any provisions required by applicable law, including the LDC, the Declaration shall include the following provisions, or language to similar effect: Page 2 of 15 217 (i) By accepting a deed to a residential lot within the Sebastian Overlook community (said community being sometimes referred to as a portion of Sebastian Highlands Unit-17 subdivision) each Grantee under such deed shall automatically become a member of Sebastian Overlook Homeowners' Association, Inc. (the "HOA"). The HOA shall own, operate and maintain the Common Area and any non-public infrastructure within the subdivision including, but not necessarily limited to, the subdivision's stormwater management system (the "SWMS") and sidewalks. In the event the HOA fails to maintain the SWMS at the level required for it to function as designed, the City of Sebastian (the "City") shall have the right, but not the obligation, to perform such maintenance and invoice the HOA for all costs and expenses incurred by the City in performing such maintenance or, at City's sole option, may invoice the owner(s) of each residential lot directly for 1/99" of all such costs and expenses. If an owner fails to pay his, her or their invoiced amount within thirty (30) days after receipt of such invoice the City shall have the right to record a lien against such owner's lot to secure payment of the same along with any costs incurred by the City in placing and enforcing such lien. An easement in favor of the City of Sebastian is hereby granted across each tract, parcel and lot within the subdivision for the limited purpose of providing the City reasonable access to any part of the SWMS which requires maintenance and which cannot otherwise be reasonably accessed from a public right-of-way or over a separate easement held by the City. (ii) The owners of Lot 1, Lot 2 and Lot 3, Block 595, Plat of Sebastian Highlands Unit 17, as recorded among the Official Records of Indian River County in Plat Book 8, Page 46, et seq., and the owners of Lot 1, Lot 2 and Lot 3, Block 598, Plat of Sebastian Highlands Unit 17, as recorded among the Official Records of Indian River County in Plat Book 8, Page 46, et seq., shall each be responsible for ordinary and customary maintenance of the aluminum headwall along Schumann Waterway adjacent to the respective owner's lot (the "Headwall"). In the event any or all of the Headwall is damaged or, despite such ordinary and customary maintenance, deteriorates to a point where extraordinary maintenance, repair or replacement is required, such extraordinary maintenance, repair or replacement shall be the responsibility of the HOA. A limited easement across each of the referenced lots is hereby granted to the HOA for the purposes set forth in this section. 6. Imnrovements. a. Construction of lmnrovements. Page 3 of 15 PA F-1 I. As consideration for the rescission of Ordinance No.O-97-42, the Developer will, at Developer's sole cost and expense, construct the following infrastructure improvements to serve the Property: Sidewalk connection/extension from the development to Schumann Drive to the West, stormwater pond and all associated stormwater infrastructure including, but not limited to, all necessary pipes, manholes, culverts, catch basins, etcetera (collectively the "SWMS"); those roadways within the Project shown on the Plat as Ithaca Avenue, Empress Avenue, and Spring Valley Avenue, including all attendant sidewalks and attendant stormwater structures and associated roadways over the drainage right of way to the West of the Property and the drainage right of way to the South of the Property; extension of public water lines and wastewater lines necessary to serve the Project; and any public infrastructure inadvertently omitted from the foregoing list but shown on the "Construction Plans For A Portion of Sebastian Highlands Unit-17" prepared by Mills, Short & Associates (the "Construction Plans") a copy of which are attached hereto as Exhibit B and incorporated herein by reference (collectively, the "Improvements"). Developer will construct the Improvements in accordance with the Construction Plans and/or in accordance with such other plans as City may from time to time approve with regard to the Project (collectively, the "Plans"). Developer will commence construction of the Improvements within 12 months of the City's approval of the Plans, and will thereafter diligently pursue completion thereof. 2. Notwithstanding anything to the contrary herein, City and Developer hereby agree that, in the event one or both of the aforementioned crossing of existing drainage rights of way includes the installation of box culverts in lieu of drainage pipes, the City shall pay the difference between Developer's actual cost to acquire and install box culverts and the cost Developer would have incurred had Developer acquired and installed pipes as otherwise would be required under the LDC and/or other applicable provisions of the City Code (the "Differential"), provided however, the maximum amount City shall be required to pay towards the Differential shall be limited to One Hundred Thousand Dollars ($100,000). Thus, by way of illustration and not limitation, if the Differential proves to be $85,000 the City would be responsible for the full Differential (i.e., $85,000), but if the Differential ultimately proves to be an amount over $100,000.00, City would be responsible for $100,000 and Developer would be responsible for the amount by which the Differential exceeds such cap. Thus, and again by way of illustration and not limitation, if the Differential proves to be $120,000 the City would be responsible for $100,000 and Developer would be responsible for $20,000. 3. In light of City's potential obligation to pay up to $100,000 for crossing the aforementioned right(s)-of-way with box culverts as preferred by City staff, Developer shall, prior to installing either box culverts or drainage pipes, provide City with appropriate and customary documentation (e.g., contract bid alternates, Page 4 of 15 219 change orders, work orders, etcetera) from Developer's contractor or sub- contractor documenting the bona fide cost to cross the referenced right(s)-of-way with drainage pipes consistent with City Code requirements and the bona fide cost for crossing the same utilizing box culverts. City shall have three (3) business days to advise Developer via electronic mail whether Developer should proceed under the pipe option or the box culvert option. b. As -Built Survev. Once construction of the Improvements has been completed in accordance with the Plans, Developer shall cause an as -built survey to be prepared by a land surveyor, duly licensed by the State of Florida, which shall depict the final designs, specifications and location of the Improvements (the "Survey"). The Survey shall include a certification by the surveyor that the replacement and location of Permanent Reference Markers and Benchmarks are in accordance with the recorded Plat, and in compliance with all requirements of Part 1, Chapter 177, Florida Statutes. Developer shall promptly deliver the Survey to City upon its completion. Permits for dwelling units will not be issued until the Improvements (with the exception of Project -internal Sidewalks, which shall be completed as provided in this Agreement) have been completed and submittal of As -Built Survey has been received. Notwithstanding the foregoing, City agrees to issue building permits for up to five (5) model homes which may be constructed within the Project prior to completion of the Improvements and submittal of the As -Built Survey. In no event shall the City be obligated to issue any other building permit for a dwelling unit prior to such completion and submittal, nor shall the City be obligated to issue a final Certificate of Occupancy for any dwelling unit, including but not limited to the aforementioned model homes, until all Improvements (again excepting Project - internal Sidewalks) have been completed, inspected and accepted by the City in accordance with City Code requirements and standards. c. Bonding of Improvements. With regard to those Improvements required for roads, stormwater management and the Empress Avenue / Schumann Waterway crossing, Developer shall comply with the requirements of LDC §54-4.19-10 provided, however, a two-year maintenance bond shall be provided rather than the one-year bond ordinarily required by LDC §54-4.19-10(e). Generally, as used herein, the term "comply" shall refer to placing bonds or other securities generally and routinely acceptable in form, amount, and substance as required by the City and in the hands of and in favor of the City for completion, maintenance, payment for completion, and warranty of subdivision improvements. d. Convevance of Imarovements. Once Developer has delivered the Survey and requisite surety bonds to the City, the City shall promptly review the same and inspect the Improvements to confirm they have been constructed in accordance with the Plans and all applicable laws, codes, rules and ordinances. Once City has confirmed such compliance it will issue a Certificate of Completion or similar Page 5 of 15 220 documentation of approval to the Developer. Thereafter, Developer shall promptly convey the following Improvements to the City, for the use and benefit of the general public: all road improvements, and all sidewalks (collectively, the "Conveyed Improvements"), along with any easements reasonably required by the City for operation and maintenance thereof, provided, however, that while City shall own all of the sidewalks responsibility for maintenance of sidewalks shall be as provided in subsection 61, below. Prior to conveyance, Developer shall be solely responsible for operation and maintenance of all Improvements at Developer's sole cost and expense. Upon and after such conveyance, City shall be solely responsible for operation and maintenance of the Dedicated Improvements at City's sole cost and expense except as provided herein with respect to sidewalk maintenance. e. Non-conveved Improvements. Those Improvements which are not Conveyed Improvements shall be owned, operated and maintained in perpetuity either by the Developer or by the HOA. f. Sidewalks. Sidewalks shall be constructed on a lot -by -lot basis and no lot shall receive a final certificate of occupancy unless and until its sidewalk has been completed. Notwithstanding the foregoing, all sidewalks shall be completed no later than five (5) years after the first permit for vertical construction of a dwelling within the Project has been issued by the City. All sidewalks within the Project, with the exceptions of that section of sidewalk extended to Schumann Drive and sidewalks located on Tract U or Tract W, as shown on the Plat and which Tracts are owned by the City, shall be maintained by the HOA. g. Stormwater Management System. Developer shall obtain all necessary permits for construction of the Project's stormwater management system (the "SWMS") in accordance with the Plans and shall thereafter diligently commence construction of the SWMS including, but not limited to, the stormwater pond to be constructed on Lots 6-10 and 23-27 (the "Pond Lots"). Upon completion, inspection and approval of the SWMS by the City, Developer shall promptly convey the Pond Lots by warranty deed (the "Stormwater Pond Deed") to the HOA as common area, but subject to a perpetual easement for stormwater purposes. In addition to reserving the aforementioned stormwater easement, the Stormwater Pond Deed shall contain language acceptable to the City Attorney which binds the Pond Lots together (i.e., creates a Unity of Title). 7. Insurance. Throughout the duration of this Agreement, including the initial period and any extensions thereto, Developer shall obtain and possess: a. Commercial General Liability coverage, issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, for all operations under this Agreement, including but not limited to Contractual, Products and Completed Page 6 of 15 221 Operations, and Personal Injury. The limits shall be not less than $1,000,000 Combined Single Limits (CSL) or its equivalent per occurrence. Such coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Severability of Interests. The general aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit; b. Workers' Compensation coverage for all employees with statutory workers' compensation limits, and no less than $100,000 for each incident of bodily injury or disease for Employers' Liability; and c. Business automobile liability coverage for all owned, non -owned, and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida, or its equivalent, with limits of not less than $500,000 per accident. In the event Developer does not own automobiles, Developer shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the commercial General Liability policy or separate business Auto Liability policy. Prior to commencing operations under this Agreement, Developer shall provide certificates of insurance to City verifying coverage. The name of the development, subdivision, or project in which the Improvements are to be installed and the type and amount of coverage provided, shall be clearly stated on the face of each certificate of insurance. The insurance coverage shall name City as an additional insured, and shall contain a provision which forbids any cancellation, changes or material alterations, or renewal of coverage without providing thirty (30) days prior written notice to City. Developer shall require and ensure that each of its contractors and subcontractors maintains insurance until the completion of their work under any contract associated with this Agreement. Failure of Developer to maintain insurance coverage for themselves or for any other person or entity for whom they are responsible, or to ensure that their contractors and subcontractors maintain coverage, shall not relieve Developer of any contractual responsibility, obligation, or liability arising under this Agreement. 8. Indemnification. To the fullest extent permitted by law, Developer shall defend, indemnify, and hold City harmless from and against all claims, damages, losses, and expenses, including reasonable attorney fees and costs, arising out of, or resulting from, Developer's construction of the Improvements pursuant to the terms of this Agreement. 9. Construction Liens. No right or privilege of any party to enter upon the property of another shall permit or empower such party to encumber the property of another with construction liens for unpaid work, labor, supplies or materials. No party shall suffer or permit any construction lien to be filed against any property of another and, in the event of any such construction lien attaching, such party shall have same removed. If any party causes or allows any construction liens to be filed against any property of another, and, Page 7 of 15 222 thereafter, fails to remove same within thirty (30) days of such party's actual notice that said lien has been filed, then the party that owns the property subjected to such lien, at its election, may pay and satisfy the same, or transfer same to other security, and in such event the party responsible for such lien arising shall reimburse to the party that owns such property any and all sums so paid, including interest at the highest rate allowed by Florida law accruing from the date of payment by the party that owns such property of the lien amount and including all reasonable costs and expenses incurred by the party that owns such property in connection therewith or in connection with enforcing this provision, including attorneys', paralegal's and other professional's fees incurred, whether before trial, at trial or upon any appeal. 10. Term. The easements, covenants, conditions and restrictions contained in this Agreement shall be effective commencing on the date of recordation of this Agreement in the office of the Indian River County Clerk of Court and shall remain in full force and effect thereafter in perpetuity, except as otherwise provided herein, unless this Agreement is modified, amended, canceled or terminated by the written consent of Developer and City and their respective assigns. The City shall be responsible for the recording this Agreement after it has been executed by both Parties. 11. Enforcement and Remedies. a. Except as and to the extent specifically limited below, in the event either party breaches any of its covenants, obligations, promises or requirements set forth in this Agreement, the other party shall be entitled to pursue and enforce all remedies or rights specified in this Agreement, as well as any remedies or rights that may otherwise be available at law and/or in equity, including, but not limited to, specific performance, provided, however, that any action for damages shall be limited to actual damages, and the parties expressly waive any action for punitive damages. b. The failure to enforce any of the terms or provisions of this Agreement, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation occurring prior to or subsequent thereto. The pursuit by a party of any one remedy shall not operate as an election of remedies prohibiting the pursuit of other remedies established by this Agreement. d. Notwithstanding the foregoing, except as may otherwise be provided by this Agreement, including no breach, failure to comply with any term or provision of this Agreement, or failure of a covenant, warranty, or representation contained herein, shall be considered a "default" until a non -breaching party has provided written notice of the breach to the breaching party and the breach has gone uncured for a period of thirty (30) days; provided, however, that if such breach is of a nature that it cannot reasonably be cured within thirty (30) days, then the breaching party shall have thirty (30) days from the receipt of written notice from the non -breaching party to commence said required cure, and the amount of time reasonably necessary to complete said required cure, which reasonable time shall in no event exceed sixty Page 8 of 15 P404c3 (60) days from the receipt of written notice from the non -breaching party, unless otherwise extended by the non -breaching party in writing. 12. Notices. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are received at the addressee's address set forth below, whether same are personally delivered, transmitted electronically (i.e., e-mail), mailed by United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, delivered by Federal Express or other overnight delivery service from which a receipt may be obtained, and addressed as follows: If to Developer: Hawkins Project I, LLC c/o Eubel Brady & Suttman Asset Mgmt., Inc. 10100 Innovation Drive, Ste. 410 Miamisburg, Ohio 45342 Attn: Mark E. Brady with cop_ v to: Brian M. Jones, Esq. Shutts & Bowen LLP 300 South Orange Ave., Ste. 1600 Orlando, FL 32801 If to Citv: City Manager City of Sebastian y5 12 Main Street Sebastian, FL 32958 With coov to: City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 13. Governing Law and Binding Effect; Waiver of Jury Trial; Fees. The interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The terms and provisions of this Agreement shall bind, and the benefits and advantages hereof shall inure to and be enforceable by, the parties hereto as well as their respective successors and permitted assigns. Whenever used herein, the singular name shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Any causes of actions arising hereunder shall be tried in the court of competent jurisdiction in Indian River County, Florida. The Parties acknowledge that they participated in the negotiation and drafting of the terms of this Agreement and acknowledge that no provision shall be strictly construed against one party or the other based solely on draftsmanship. The Parties agree to waive any right to trial by jury in the event of any litigation arising under this Agreement. The Parties further agree Page 9 of 15 224 that in the event of litigation arising hereunder, the prevailing party shall be entitled to recovery of fees, including attorneys' fees, up to and including appeals. 14. Integrated Agreement. Waiver and Modification. This Agreement (together with the documents specifically referred to herein) represents the complete and entire understanding and agreement between and among the parties hereto with regard to all matters involved in this Agreement and supersedes any and all prior or contemporaneous agreements, whether written or oral. This Agreement may not be modified or amended, nor may any provision contained herein be waived, except in writing signed by all parties, or if such modification, amendment or waiver is for the benefit of one or more of the parties hereto and to the detriment of the others, then the same must be in writing signed by all parties to whose detriment the modification, amendment or waiver inures. 15. Severability. If any sentence, phrase, paragraph, provision or part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction in Indian River County, Florida, such invalidity or unenforceability shall not affect the other parts of this Agreement if such court also determines that the rights and obligations of the Parties contained herein are not materially prejudiced by the severance of such invalid or unenforceable sentence, phrase, paragraph, provision or part of this Agreement and further determines that the intentions of the Parties can continue to be effectuated despite such severance. To that end, and to that extent, this Agreement is declared severable. 16. Further Assurances. Each party hereto shall each reasonably take all such additional actions and execute and deliver all such additional documents and instruments as may reasonably be required, if any, in order to fully effectuate all actions contemplated by this Agreement. 17. Assignment. Owner's rights and obligations under this Agreement will run with the land and may be assigned to and assumed by any successor developer or by the HOA or other such entity approved by the City, such approval not to be unreasonably withheld. The purpose, terms, and conditions contained herein shall be binding upon the Developer or any such successor and/or assignee. Notwithstanding the foregoing, no end -user of a platted Lot shall succeed to the Developer's rights or bear the Developer's obligations set forth herein by virtue of ownership of such platted Lot. 18. No Third-Pmrty Beneficiaries. This Agreement is solely for the benefit of the parties signed hereto and no right, nor any cause of action, shall accrue to or for the benefit of any third party. 19. Force Maieure. Developer shall not be deemed to be in breach of this Agreement for failure to perform by any specified date due to acts of God, fire, flood, hurricane, epidemic, labor strike, act of terrorism, act of government, or any other cause or event beyond the reasonable control of and without fault of Developer. Under such circumstance, the dates so specified shall be extended for a period equal to the length Page 10 of 15 225 of the delay caused by the force majeure, unless a different date or extension period is mutually agreed to by City and Developer. 20. Relationship. This Agreement does not evidence the creation of, nor shall it be construed as creating, a partnership or joint venture between City and Developer. Developer has no authority to act on behalf of, or otherwise obligate or bind, City in any manner. Each party hereby acknowledges that it is sophisticated and prudent in business transactions and is acting for its own account. Each party has made its own independent decisions to enter into this Agreement and as to whether the same is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. Each party hereby acknowledges that it is proceeding at its own risk and that the other party is not acting as a fiduciary for or an adviser to it with respect to this Agreement or any responsibility or obligation contemplated herein. 21. Personal Liabilitv. No provision of this Agreement is intended, nor shall any be construed, as a covenant of any official (either elected or appointed), director, employee or agent of City in an individual capacity and neither shall any such individuals be subject to personal liability by reason of any covenant or obligation of City hereunder. BALANCE OF PAGE INTENTIONALLY LEFT BLANK WITH SIGNATURE PAGES IMMEDIATELY FOLLOWING Page 11 of 15 P40V IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first set forth above. HAWKINS PROJECT I, LLC, An Ohio limited liability company By: EBS Residential Development Fund IV, LLC, an Ohio limited liability company, its Sole Member By: Eubel Brady & Suttman Asset Management, Inc., a Delaware corporation, its Manager By: Mark E. Brady Co -Chief Investment Officer STATE OF OHIO ) ) SS COUNTY OF MONTGOMERY ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to make acknowledgments, the foregoing instrument was acknowledged before me by Mark E. Brady, the Co -Chief Investment Officer of Eubel Brady & Suttman Asset Management, Inc., a Delaware corporation on behalf of the corporation as Manager of EBS Residential Development Fund IV, LLC, an Ohio limited liability company, as Sole Member on behalf of Hawkins Project I, LLC, an Ohio limited liability company, freely and voluntarily under authority duly vested in him. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this ��D "day of (71 U S:T , 2024. Notary I'c tat gf Fl�da, Typed, Printed or Stamped Name of Notary Public My Commission Expires: Page 12 of 15 TYNA R BROWN • = NOTARY PUBLIC - OHIO MY COMMISSION EXPIRES 07-07-28 227 ATTEST: )Jnette Williams, MMC y Clerk APPROVED AS TO FORM AND LEGALITY for use and reliance by the City of Sebastian, Florida, only. 6enlfer eCoWckcrofft,(eity Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, FLORIDA Print name: Ed Dodd Print title: Mayor The foregoing instrument was acknowledged before me by means of C'physical presence or ❑ online notarization, this V �` day of tI C i.cS-r , 2024 by F,b Aga as 01Aloa- of the City of Sebastian, a 0rF,e-„ on behalf of said city. He/She 0 is personally known to me OR ❑ has produced a valid Driver's License or as identification. «�o CATHERINE E. TESTA Commission # HH 054261 =;;, P`•' Expires February 16, 2025 F9F ��O Bonded Tivu Tray Fain Insurance M385-7019 Notar Public, tat of Florida Type or print name of Notary �; 61^u-C,r y I &, ACAS Commission Expiration Date Page 13 of 15 228 EXHIBIT "A" (Legal Description) LOTS 1 THROUGH 18, BLOCK 594; LOTS 1 THROUGH 9, BLOCK 595; LOTS 1 THROUGH 32, BLOCK 596; LOTS 1 THROUGH 32, BLOCK 597 AND LOTS 1 THROUGH 18, BLOCK 598, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 46, OF THE PUBLIC RECORDS OF INDIAN REIVER COUNTY CONTAINING 32.73 ACRES, MORE OR LESS. Page 14 of 15 229 ORLDOCS 21544864 1 EXHIBIT "B" (Copy of Final Approved Plans to be Attached) Page 15 of 15 230 SHEET &I INDEX TIRE SHEET $ 62 G. GENERAL NOTES GENERAL NOTES C-I EXISTING CONDITIONS - DEMOLITION PLAN C. SOIL SORING REPORTS ,.I C•7A 7A SITE LAYOUT CA C-565A PAVING. GRADING AND DRAINAGE PLAN GRADING PAVING. GRADAND DRAINAGE DETAILS C•S UTILITY PLAN C.7 IRCDUS WATER DETAILS C-S IRCDUS SEWER DETAILS CARE ROADWAY PROFILES C-ID S1IXtNWATER POLLUTION PREVENTION PLAN C,II STORLNWATER POLLUTION PREVENTION DETAILS L•I LANDSCAPE PLAN a DETAILS >v 3 Adams sllELo-'no" Prommy r {I L__7 CONSTRUCTION PLANS FOR A PORTION OF SEBASTIAN HIGHLANDS UNIT 17 CITY OF SEBASTIAN, FLORIDA .loan s Island Clw1', SITE LOCATION MAP SCULL t : M9 et�anxmca eeAUlwn�lAel iawwrasn n t wMx qurtd+r�r cwMnw rwr cowry �ramco.r[crarwrr NA.a ru,r mw.nLwnreauenuxlwr noAn ro w.ra rw anrrion rrwrt andoYrwmr.nwn� c'oMrvcroA A CONSTRUCTION OF A PORTION OF A PREVIOUSLY APPROVED PLAT, TO •� :' �V «; INCLUDE WET DETENTION PONDS. STORMWATER SYSTEM TO BE OWNED «..,.. AND MAINTAINED BY HOA. ACCORDING TO THE PLAT THEREOF AS FOUND IN PB8, PAGES 46M OF 1 1 THE PUBLIC RECORDS OF INDIAN RIVER CO_ FLORIDA. SAID LANDS LYING IN INDIAN RIVER CO.. FLORIDA SEBASTIAN HIGHLANDS UNIT 17 CONTAINING 33.23 ACRES MORE OR LESS (INCLUDING ROAD RAN) ay SEC 19 & 20 TWP 31 SOUTH, RNG 39 EAST INDIAN RIVER COUNTY, FLORIDA .. VICINITY MAP J U LY 2024 { SCALE: N.T.S OWNER / APPLICANT HAWKINS PROJECT 1, LLC. 10200 INNOVATION DRIVE STE 410 DAYTON, OH 45342 ENGINEER Mills, Short 8 Associates 700 22nd PLACE, STE. 2C12D VERO BEACH, FLORIDA 32960 PHONE: 772.226.7282 SURVEYOR KMA ENGINEERING & SURVEYING, LLC. 3001 INDUSTRIAL AVE 2 FORT PIERCE, FL 32946 PHONE: 772.569.5505 Q�E tz w W a F P, W� Ina• 00,- Z� Q W J = W (704 20c' fig: Q tD-r LLl Z U)DC G-1 231 OCKRAL NOTCS M.aP.1[1w.uvrtvFM[..a.[,�M a..:.,.0 u�.Rw.a n�M.tYDI nr«o¢fn�io.wl. ro[o 40p" u'r vA. w[noM.wn Narm.u.ano Mn.nw.non .ua. w.rvnwme.+..o.0 orrti PAVING AND DRAINAGE NOTES [nr.°'.,""`ow+w,��DrD..,nl.N.uo..n,.voaD ann. m[n. mw.tna.amvnr.oKun.,,P rrdro.rw'ntu...nt[[[rPi..�mnu...reDw.waw.r.a Mrw«[C« n�vt, o,.Atn..t....[ct M'YaaaroniO M'� ...,,,...[D.n....[.,rM..�........r,,..D. 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SuyrTAp17. {(�js"' Iµ:M:H NA'rt Oudt POTATO nawea .r•.�w.wr.n r.cw con ISITOF➢TH CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELEBRATION 1914.1014 CITY COUNCIL AGENDA TRANSMITTAL DATE August 28, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director SUBJECT Consideration of Resolution No. R-24-46 authorization for execution of a Developer's Agreement between the City of Sebastian and Hawkins Project 1, LLC pertaining to the development project known as 'Sebastian Overlook also known as a portion of Sebastian Highlands Unit 17'. EXECUTIVE SUMMARY This Resolution R-24-46 is brought forward to seek City Council authorization for execution of a Developer's Agreement between the City of Sebastian and Hawkins Project 1, LLC pertaining to the development project known as 'Sebastian Overlook also known as a portion of Sebastian Highlands Unit 17'. The property is comprised of 33.23 acres which was originally platted by the General Development Corporation in 1971 for single family homes. The applicant is requesting a Developer's Agreement to build 99 single-family homes on the platted lots of record, with ten of the proposed lots being utilized for stormwater retention purposes. Staff is recommending approval of Resolution R-24-46 and execution of the Developer's Agreement by the Mayor on behalf of the City Council. RECOMMENDATION Approve Resolution R-24-46 relating to the execution of the Development Agreement between the City of Sebastian and Hawkins Project 1, LLC and authorize the Mayor to execute all appropriate documentation. ATTACHMENTS: 1. RESOLUTION NO. R-24-46 2. Developer's Agreement with Hawkins I LLC.pdf 3. Civil Set Attachment A of DA.pdf FUNDING SOURCE N/A 252 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE November 4, 2024 t� }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Brian Benton, City Manager SEBASTIAN Consideration of the Final presented Mission, Vision, Values and Goals to continue the advancement of the City's CENTENNIAL CELEDRATION SUBJECT Strategic Plan 1914.1014 EXECUTIVE SUMMARY City staff and our Consultants have worked together over the last few months to establish the provided version for your consideration of the City's Mission Statement, Vision, Values and Goals. The City's consultant hosted numerous input sessions with City Council, staff, stakeholders and community members through various means over the last few months. Based on all the input received here are the recommended items: Mission Statement The City of Sebastian strives to enhance the quality of life through excellence in public services. Vision To be known as the most desirable city in Florida to live, work and play due to our hometown vibe, coastal charm, promotion of the waterfront and protection of the Indian River Lagoon. Values Honesty & Transparency Ethics & Professionalism Innovation Protection of our Natural Resources Goals Enhancing Quality of Life Improving Organization Efficiency Preserving our Hometown Feel and Coastal Charm Supporting Smart/Sustainable Growth Ensuring a High Level of Public Safety Maintaining Fiscal Responsibility Encouraging Economic Development RECOMMENDATION City Council Discuss and provide approval for the City's Mission Statement, Vision, Values and Goals. 253 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE 11-4-2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Lee Plourde, Public Works Director SUBJECT Consideration of a purchase order for $219,083.00 from Dobbs Equipment. to provide a John Deere 612M 4x4 tractor and boom mower for Stormwater EXECUTIVE SUMMARY Staff is seeking to purchase a John Deere 612M 4x4 tractor and boom mower for the Stormwater Division in order to help with clearing vegetation. Staff budgeted $235,000.00 for a new 4x4 tractor and boom mower in this year's budget. Staff selected the John Deere 612M 4x4 tractor and boom mower from Dobbs equipment as it provided the lowest purchase price for the needed equipment. The tractor will be purchased using the Florida Sheriffs Association contract for equipment as a cooperative purchase. The use of cooperative purchasing through existing State or other contracts guarantees that the pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process, pricing from other co-operatives and local vendors. As assurance that this was the best price, quotes were obtained from two other vendors. In the opinion of Staff, the recommended vendor is the most advantageous to meet the needs of the City at this time. RECOMMENDATION Staff recommends that the City Council approve a purchase order for $219,083.00for Consideration of a purchase order for $219,083.00for Dobbs equipment. to provide a John Deere 612M 4x4 tractor and boom mower for Public Works and authorize the City Manager or designee to execute a purchase order. ATTACHMENTS: 1. Procurement Justification 2. Dobbs Equipment Quote FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $219,083.00 $235,000.00 FY 25 Discretionary Sales Tax Additional Funds Needed: $ 0.00 254 Ia•== E Q U I P M E N T FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES 2024-25 Contract for Vehicles and Equipment Contract Number FSA23-EQU21.0 Spec #438 Tractor with Boom Mower Deere 6110M Tractor with Tiger BB24 Bengal Boom 50" Rotary Swivel Head October 7, 2024 Quote For: City of Sebastian Base Unit: Deere 6120M 4x4 Tractor and Boom Mower Per FSA BB22 22'5" Reach Boom 30S-BB Three Point Stow Transport System RT60B 60" Rotary Cutter Head Stated Options From Contract: JD6110M Downgrade to John Deere 6110M 4x4 22' Bengal boom With 50" Rotary Swivel Head and Blade Bar AM/FM Radio AM/FM OHA Oscillating Hydraulic assist front axle Fuel/Cap/Lock Lockable Fuel Cap GPG Grill Guard and Pump Guard HLC Hydraulic Reservoir Cap Lock Joystick Pilot Joystick Controls BPS Electronic Boom Positioning System Actuator Hydraulic Helac Actuator swivel system Total Price FOB Sebastian, FL Less Additional Dobbs Discount: Total Amount Due: $216,750.00 (13,300.00) N/C 1,734.00 65.00 608.00 77.00 10,188.00 1,545.00 9,236.00 $226,903.00 ($7,820.00) $219,083.00 Greg Dudek, Governmental Sales Manager 3933 Martin Luther King Jr. Blvd West Palm Beach, FL 33404 Phone (561)848-6618 Fax (561) 848-7099 Mobile (239) 470-0822 255 N i�i S EEBARSET IA,N mm (ENTIAL PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. DATE: 10/18/2024 TYPE OF PURCHASE: ❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ® Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Dobbs Equipment, LLC ITEMS OR SERVICES REQUIRED: John Deer 612M 4x4 tractor and boom mower ADDITIONAL INFORMATION The City of Sebastian purchases vehicles and equipment through the Florida Sheriffs Association cooperative contract. This proposed purchase complies with the piggyback/cooperative provisions as provided within Section 2-10 of the City code, in that the Florida Sheriffs Association contracts are competitively selected using procedures equivalent to those of the City of Sebastian. Digitally signed by Jessica Graham Jessica DN: cn=Jessica Graham, c=US, -City of Sebastian, —Procurement Division. amailgessgraham@cityofsebastian.org Approved: Graham Date: 2024. 10,1815: 1]01-04'00' Jessica Graham, Procurement/Contracts Manager Procurement (Rev. 08/2024) 256 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE November 4, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Consideration of Ordinance No. 24-19 — Proposed SUBJECT Amendment of City Code Chapter 2 Concerning Procurement of Goods and Services First Reading and providing for adoption upon Second Reading. In 2006, the City Council approved Ordinance No. 0-06-01, which added section 2-10, Procurement of Goods and Services, to the Code of Ordinances. The Procurement Code has not been amended in eighteen years. The Code, especially the procurement thresholds, are burdensome and limit the City's ability to efficiently and effectively serve the residents of Sebastian. It is in the public interest to modify and update provisions of the code. RECOMMENDATION Staff Recommends approval of Ordinance 0-24-19 with a second reading and adoption hearing scheduled for November 20, 2024. ATTACHMENTS: 1. Ordinance No. 0-24-19 2. Sec. 2-10 Procurement of goods and services - Redline 3. Business Impact Analysis 4. Procurement Ordinance Update FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: $ 0.00 257 ORDINANCE NO. 0-24-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATED TO CITY OF SEBASTIAN CODE OF ORDINANCES - CHAPTER 2 ADMINISTRATION; AMENDING SECTION 2-10 PROCUREMENT OF GOODS AND SERVICES; ESTABLISHING AND AMENDING PURCHASING THRESHOLDS, PROCUREMENT METHODS AND PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the existing procurement policies for the City of Sebastian contained in Chapter 2, Section 1.10. currently limit the City's ability to efficiently and effectively serve the residents of Sebastian; and WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public interest to modify and update provisions of the City of Sebastian Code of Ordinances relating to the Procurement of Goods and Services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. AMENDMENT. That the Code of Ordinances, City of Sebastian, Florida is hereby amended Section 2-10, which said section shall read as follows: Sec. 2-10. Procurement of goods and services. (a) Applicability. The following procedures shall be used for the ordering, contracting, or furnishing of any Goods or services for any City department, office, or aizency. The City Manager or his designee, shall serve as the authorized purchasing agent for the City. The City Manaver may designate a department head as the delel4ated Purchasing Officer for the City. - (b) Purchasing thresholds. Any purchase of any type of goods or services, unless otherwise exempted under this section, is subject to competitive bid procedures as follows: (1) Up to $2,500.00 Purchases up to $2,500 may be purchased by any City emnlovee with delegated purchasing responsibilities on the open market with or without competition. A Purchase Order is not required. (2) $2,500.01 to $25,000.00— Purchases Greater than $2,500.01 un to $25,000.00 may be procured via a minimum of three written Quotes by the Requesting Department or through an Alternate Source Contract as defined by Section 2-10(c)(2). The Procurement Division awards contracts to the lowest responsive and responsible bidder. A Purchase Order is required. (3) $25,000.01 to $75000.00Purchases greater than $25,000.01 up to $75,000.00 may be procured via a minimum of three written quotes by the Procurement Division or through 1 258 an Alternate Source Contract as defined by Section 2-10(c)(2). City Council awards contracts to the lowest responsive and responsible bidder. A Purchase Order is required. (4) Over $75,000.01Formal sealed bids and Citv Council authorization required. Sealed competitive solicitation issued by the Procurement Division or an Alternate Source Contract as defined by Section 2-10(c)(2). City Council awards contracts to the lowest responsive and responsible bidder/proposer/respondent. A Purchase Order is required. (c) Procurement Methods. (1) Competitive Solicitation a. Invitation to Bid. A solicitation for competitive sealed bids. i. Tie Bid Procedure. (1) First preference shall be liven under Florida Statute Section 287.087, to businesses with drug -free workplace programs. (2) Second preference will be liven to businesses under the Citv of Sebastian's Local Vendor Preference. (3) In order to break a tie if not settled by the first two preferential methods, the "Coin Flip" procedure shall be followed to break the tie. b. Request for Proposal (RFP). A solicitation for competitive sealed proposals. c. Invitation to Negotiate (ITN) — A solicitation for competitive sealed replies to select one (1) or more vendors to commence neeotiations for procurinii commodities or contractual services. d. Request for Oualifications (RFO). A solicitation for sealed qualifications. (2) Alternate Source Contract a. State of Florida, Department of Management Services —The Procurement/Contracts Manager should consider the prices available under the Department of Management Services, Division of Purchasing rules. The Procurement/Contracts Manager may use prices established by its state purchasing agreement price schedule under the same conditions for use imposed on state agencies. b. Pi22vback from Other A2encv or Group_ s of Agencies — City Council or designee may make procurements at or below the specified prices from agreements awarded by other citv or countv izovernmental agencies, school boards, community_ colleizes, federal agencies, public or governmental agencies of anv state, state universitv systems, or from cooperative, interlocal, or pooled solicitation agreements, when the vendor will permit procurements by the Citv at the same terms, conditions, and prices (or below such prices) awarded in such contract, and such procurements are to the economic advantage of the Citv. c. Procurement Consortium — The Citv or designee may enter into interlocal agreements as provided in Florida Statute § 163.01 to establish a consortium and maximize procurement power for commodities and contractual services. A 2 259 consortium may be nationwide, statewide, or reizional as annronriate to achieve the lowest cost. (3) Direct Negotiation a. The Procurement/Contract Manager may approve agreements using direct negotiations where law allows. The Procurement/Contracts Manager shall maintain adequate documentation commensurate with the value of the contract, reflecting the rationale for usinja direct negotiation as the procurement method and the basis for determining that the resulting contract is in the City's best interest. b. Finding of No Acceptable Proposal or Less than Two (2) Responsive Proposals — Where competitive solicitations have been requested in the manner prescribed by this policv. and the City, through the Procurement/Contracts Manager. makes a specific finding in writing that: i. No valid or acceptable firm proposal has been received within the prescribed time, the Procurement/Contracts Manager may enter into direct negotiations with a vendor providing such commodities and contractual services. The Procurement/Contracts Manager shall document that a re - solicitation is not likely to generate sufficient competition or has been determined to not be in the Citv's best interest and that it has been appropriately sourced to allow for competition. ii. Less than two (2) responsive proposals for commodities or contractual services were received; the Procurement/Contracts Manager may neizotiate on the best terms and conditions or reiect all proposals. The Procurement/Contracts Manager shall document why_ ne2otiatiniz terms and conditions with a particular vendor is in the City's best interest instead of re-solicitiniz proposals. (d) Cone of Silence. A "cone of silence" is hereby established for all competitive selection processes, including Invitations to Bid (ITB). Reauest for Proposal (RFP). Invitations to Negotiate (ITN), and Request for Qualifications (RFQ) for the provision of commodities and contractual services. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences before the recommendation of contract award. This cone of silence shall be imposed on these procurements after advertisement and terminates when the City Council acts on a written recommendation from the City's Procurement Division re2ardin2 contract award. a. The cone of silence prohibits any communication reaardina a competitive solicitation between: 1. A potential vendor, service provider, bidder, lobbyist, or consultant and the staff of the City, including department directors; and 2. A potential vendor, service provider, bidder, lobbyist, consultant, and any member of the City Council or member -elects. 3 260 b. Violation of this policv by a particular bidder, proposer, respondent, and representative may, at the discretion of the City, result in the resection of said bidder, proposer, respondent, and representative's bid, proposal, or offer and mav render anv contract award to said bidder, proposer, or respondent voidable. c. In addition to anv other penalty provided by law, a citv emplovee's violation of this policv mav subiect said emplovee to disciplinary action up to and includini dismissal from service. (e) Protests Arisin.z from Solicitation or Contract Award Process a. Appeals. Appeals shall be determined in accordance with procedures provided in Chapter 120, Florida Statutes, such that anv person who is adverselv affected by the terms, conditions, or specifications outlined in this bid or who is adverselv affected by a decision of the Citv concerniniz the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excludinLy Saturdays. Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays. Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier's check, or monev order in the amount of one percent (1 %) of the total estimated contract value. The Notice of Intent to Protest and formal written protest shall be filed at the following address: Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier's check, or monev order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. b. Decision. If the protest is not resolved by mutual agreement, the Procurement/Contracts Manager shall promptly investigate the basis of the protest and, after consultation with the oriizinatin2 department, the Citv Attornev, or anv other person or entitv deemed necessarv, the Procurement/Contracts ManaLyer shall issue a decision in writing. A copy of the decision shall be furnished immediatelv to the protestor and anv_ other party determined by the Procurement/Contracts Manager to be directiv affected by the decision. The decision shall state the decision and the basis for the decision, and set forth the protestor's right to administrative review. c. Administrative Review. If the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided the protestor shall submit written notice of such appeal to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award. Any appeal of the decision by the City Manager shall be heard by the City Council or other appropriate administrative or legal body. :l 261 d. Stav of Procurement. In the event of a timelv and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted or until the City Manaeer or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City. (f) Competitive Solicitation Waived or Not Required (1) Single/Sole source purchases. Per Florida Statute U87.057, commodities or contractual services available only from a single source may be excepted from the competitive - solicitation requirements. If an a2encv believes that commodities or contractual services are available only from a single source, the aaencv shall electronically post a description of the commodities or contractual services sought for at least 15 business days. The description must include a request that prospective vendors provide information reaardina their ability to supply the commodities or contractual services described. If it is determined in writing by the a2encv, after reviewing any information received from prospective vendors that the commodities or contractual services are available only from a single source, the aizencv shall provide notice of its intended decision to enter a sin2le- source purchase contract in the manner specified in Florida Statute § 120.57(3). (2) Emergency purchases. Where the Procurement/Contracts Manager, with approval of the City Manager, fords it in the City's best interest, they may declare an emeraencv procurement condition and suspend any or all procurement and contracting policy provisions. Spending authority under this provision shall not exceed $25,000, however, in the event of declaration of a State or Local State of Emergencv covering the City, the limit shall be raised to $50,000.00. All emervencv purchases over $25,000.00 shall be reported to the City Council as soon as practical. As used in this section, the term "emer2encv" means a sudden, unexpected turn of events that causes: a. An immediate danger to the public health or safety: b. An immediate danger of loss of public or private property. c. An interruption in the delivery of an essential governmental service. or d. An interruption in the normal function and operation of any city department that would result in a work stoppage or other substantial monetary loss. (3) Change orders. The purchasing officer may approve cumulative changes of up to 15 percent of the total contract price. Changes in excess of 15 percent of the total contract price or any change in excess of $15,000.00 must have the prior approval of the city council. (4) Contract renewals. Any contract containing a provision for renewal may be renewed in accordance with its terms. Authorization for approval shall be in accordance with the dollar threshold established by this section. (5) Intergovernmental/notforprofitpurchases. Purchases between the council and nonprofit organizations, other governments, or other public entities, and intragovernmental services. 61 262 (6) Arts advertisin.a or cultural displays. Purchases of advertising, works of art for public display, shows/displays/cultural events sponsored by the city. (7) Professional medical services. Medically -related professional services and employee benefit -related purchases. (8) Real property purchases. Purchase of real property. (9) Professional Services. Professional and personal service contracts, including but not limited to attorney, appraiser, and expert witness services, shall be approved by the city council if they exceed $15,000.00. (10) Franchise, sponsorship or joint enterprise agreements. (11) Risk Manazement. The Procurement/Contracts Manager may, except as otherwise required by statute, utilize the competitive solicitation process or enter into direct negotiations and contract with a vendor or supplier that best meets the city's needs when acquirinsz insurance, enteriniz risk management programs, or contracting with third -party administrators. The procurement of employee group insurance must be competitively selected per F.S. 112.08. (12) PRIDE/RESPECT. The Procurement/Contracts Manager may procure commodities and contractual services from PRIDE (Prison Rehabilitative Industries and Diversified Enterprises, Inc.) or RESPECT (Florida's preferential purchasing program for individuals with disabilities), as authorized by the Florida Statutes. (13) ReQulated Utilities—. - The Procurement/Contracts Manager may procure regulated utilities or vovernment-franchise services (i.e., water, utility services, postage). (14) Grant or Law—. - The City Manager may enter into a contract where state or federal law, a Grant, or state or federal agency contract prescribes with whom the City must contract or if the payment rate is established during the annual appropriation process. (15) Maintenance/Service/Warranty. The Procurement/Contracts Mana,2er may award maintenance and/or service agreements on various tvpes of technical equipment that are offered and/or supplied only by the original manufacturer or its representative which are required to maintain the integrity of the manufacturer's warranty, or that are part of the manufacturer's rental/lease/lease procurement agreement terms and conditions. (16) Any situation where compliance with this code will place the city in conflict with mandatory provisions of state law, federal law or the terms of any grant. (2) Prohibitions. No contract or purchase shall: (1) Be purposely subdivided to circumvent any requirements of this section. (2) Be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year, nor shall any expense of a special fund exceed the amount of money available to that fund. (h) Waiver. When in the best interests of the City, the City Council may, by affirmative vote, waive the provisions of this Section and authorize the purchase of any good or services without competitive biddinLy or waive bidding requirements unless doing so would otherwise violate applicable Florida or Federal law. 0 263 Section 2. CODIFICATION. The sections of the Ordinance shall be codified within part of the Procurement of Goods and Services Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 3. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 5. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 12024. CITY OF SEBASTIAN, FLORIDA ED DODD, MAYOR ATTEST: 7 264 JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: JENNIFER COCKCROFT, ESQ., BCS CITY ATTORNEY 265 Sec. 2-10. Procurement of goods and services. (a) Applicability. The following procedures shall be used for the ordering, contracting, or furnishing of anv goods or services for anv Citv department, office, or agencv. The Citv Manager or his designee, shall serve as the authorized purchasing agent for the Citv. The Citv Manager may designate a department head as the delegated Purchasing Officer for the Citv. (b) Purchasing thresholds. Anv purchase of anv type of goods or services, unless otherwise exempted under this section, is subject to competitive bid procedures as follows: (1) Up to $2,500.00— Purchases up to $2,500 may be purchased by anv Citv emplovee with delegated purchasing responsibilities on the open market with or without competition. A Purchase Order is not required. (2) $2,500.01 to $25,000.00— Purchases greater than 52,500.01 up to 525,000.00 may be procured via a minimum of three written quotes by the Requesting Department or through an Alternate Source Contract as defined by Section 2-10(c)(2). The Procurement Division awards contracts to the lowest responsive and responsible bidder. A Purchase Order is required. (3) $25,000.01 to $75,000.00— Purchases greater than $25,000.01 up to $75,000.00 may be procured via a minimum of three written quotes by the Procurement Division or through an Alternate Source Contract as defined by Section 2-10(c)(2). Citv Council awards contracts to the lowest responsive and responsible bidder. A Purchase Order is required. (4) Over $75,000.00— Formal sealed bids and Citv Council authorization required. Sealed competitive solicitation issued by the Procurement Division or an Alternate Source Contract as defined by Section 2- 10(c)(2). Citv Council awards contracts to the lowest responsive and responsible bidder/proposer/respondent. A Purchase Order is required. (c) Procurement Methods. (1) Competitive Solicitation a. Invitation to Bid. A solicitation for competitive sealed bids. i. Tie Bid Procedure. (1) First preference shall be given under Florida Statute Section 287.087, to businesses with drug -free workplace programs. (2) Second preference will be given to businesses under the Citv of Sebastian's Local Vendor Preference. (3) In order to break a tie if not settled by the first two preferential methods, the "Coin Flip" procedure shall be followed to break the tie. b. Request for Proposal (RFP). A solicitation for competitive sealed proposals. C. Invitation to Negotiate (ITN) —A solicitation for competitive sealed replies to select one (1) or more vendors to commence negotiations for procuring commodities or contractual services. d. Request for Qualifications (RFQ). A solicitation for sealed qualifications. (2) Alternate Source Contract a. State of Florida, Department of Management Services —The Procurement/Contracts Manager should consider the prices available under the Department of Management Services, Division of (Supp. No. 70) Created: 2024-07-01 13:29:40 [EST] Page 1 of 5 266 Purchasing rules. The Procurement/Contracts Manager may use prices established by its state purchasing agreement price schedule under the same conditions for use imposed on state agencies. b. Piggyback from Other Agency or Groups of Agencies — City Council or designee may make procurements at or below the specified prices from agreements awarded by other city or county governmental agencies, school boards, community colleges, federal agencies, public or governmental agencies of any state, state university systems, or from cooperative, interlocal, or Pooled solicitation agreements, when the vendor will permit procurements by the City at the same terms, conditions, and prices (or below such prices) awarded in such contract, and such procurements are to the economic advantage of the City. C. Procurement Consortium —The City or designee may enter into interlocal agreements as provided in Florida Statute §163.01 to establish a consortium and maximize procurement power for commodities and contractual services. A consortium may be nationwide, statewide, or regional as appropriate to achieve the lowest cost. (3) Direct Negotiation a. The Procurement/Contract Manager may approve agreements using direct negotiations where law allows. The Procurement/Contracts Manager shall maintain adequate documentation commensurate with the value of the contract, reflecting the rationale for using direct negotiation as the procurement method and the basis for determining that the resulting contract is in the City's best interest. b. Finding of No Acceptable Proposal or Less than Two (2) Responsive Proposals — Where competitive solicitations have been requested in the manner prescribed by this policy, and the City, through the Procurement/Contracts Manager, makes a specific finding in writing that: i. No valid or acceptable firm proposal has been received within the prescribed time, the Procurement/Contracts Manager may enter into direct neqotiations with a vendor providing such commodities and contractual services. The Procurement/Contracts Manager shall document that a re -solicitation is not likelv to generate sufficient competition or has been determined to not be in the Citv's best interest and that it has been appropriately sourced to allow for competition. ii. Less than two (2) responsive proposals for commodities or contractual services were received: the Procurement/Contracts Manager may negotiate on the best terms and conditions or reiect all proposals. The Procurement/Contracts Manager shall document why negotiating terms and conditions with a particular vendor is in the City's best interest instead of re -soliciting proposals. (d) Cone of Silence. A "cone of silence" is hereby established for all competitive selection processes, including Invitations to Bid (ITB), Request for Proposal (RFP), Invitations to Negotiate (ITN), and Request for Qualifications (RFQ) for the provision of commodities and contractual services. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences before the recommendation of contract award. This cone of silence shall be imposed on these procurements after advertisement and terminates when the City Council acts on a written recommendation from the City's Procurement Division regarding contract award. a. The cone of silence prohibits any communication regarding a competitive solicitation between (Supp. No. 70) 1. A potential vendor, service provider, bidder, lobbyist, or consultant and the staff of the City, including department directors: and Created: 2024-07-01 13:29:40 [EST] Page 2 of 5 267 2. A potential vendor, service provider, bidder, lobbyist, consultant, and anv member of the City Council or member -elects. b. Violation of this policv by a particular bidder, proposer, respondent, and representative mav, at the discretion of the Citv, result in the reiection of said bidder, proposer, respondent, and representative's bid, proposal, or offer and may render any contract award to said bidder, proposer, or respondent voidable. c. In addition to anv other penalty provided by law, a city emplovee's violation of this policv mav subiect said emplovee to disciplinary action up to and including dismissal from service. (e) Protests Arisinq from Solicitation or Contract Award Process (Supp. No. 70) a. Appeals. Appeals shall be determined in accordance with procedures provided in Chapter 120, Florida Statutes, such that anv person who is adverselv affected by the terms, conditions, or specifications outlined in this bid or who is adversely affected by a decision of the City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays. Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier's check, or money order in the amount of one percent (1%) of the total estimated contract value. The Notice of Intent to Protest and formal written protest shall be filed at the following address: Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier's check, or monev order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. b. Decision. If the protest is not resolved by mutual agreement, the Procurement/Contracts Manager shall promptly investigate the basis of the protest and, after consultation with the originating department, the City Attornev, or anv other person or entity deemed necessarv, the Procurement/Contracts Manager shall issue a decision in writing. A coov of the decision shall be furnished immediately to the protestor and anv other party determined by the Procurement/Contracts Manager to be directly affected by the decision. The decision shall state the decision and the basis for the decision, and set forth the protestor's right to administrative review. c. Administrative Review. If the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided the protestor shall submit written notice of such appeal to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award. Any appeal of the decision by the City Manager shall be heard by the City Council or other appropriate administrative or legal body. d. Stav of Procurement. In the event of a timelv and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted or until the Citv Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the Citv. Created: 2024-07-01 13:29:40 [EST] Page 3 of 5 268 (f) Competitive Solicitation Waived or Not Required (1) Single/Sole source purchases. Per Florida Statute §287.057, commodities or contractual services available only from a single source may be excepted from the competitive -solicitation requirements. If an agencv believes that commodities or contractual services are available only from a single source, the agencv shall electronically post a description of the commodities or contractual services sought for at least 15 business days. The description must include a request that prospective vendors provide information regarding their abilitv to supply the commodities or contractual services described. If it is determined in writing by the agencv, after reviewing anv information received from prospective vendors that the commodities or contractual services are available only from a single source, the agencv shall provide notice of its intended decision to enter a single -source purchase contract in the manner specified in Florida Statute §120.57(3). (2) Emergency purchases. Where the Procurement/Contracts Manager, with approval of the Citv Manager, finds it in the Citv's best interest, thev may declare an emergencv procurement condition and suspend anv or all procurement and contracting policv provisions. Spending authoritv under this provision shall not exceed $25,000; however, in the event of declaration of a State or Local State of Emergencv covering the Citv, the limit shall be raised to $50,000.00. All emergencv purchases over $25,000.00 shall be reported to the Citv Council as soon as practical. As used in this section, the term "emergencv" means a sudden, unexpected turn of events that causes: a. An immediate danger to the public health or safety; b. An immediate danger of loss of public or private property; C. An interruption in the delivery of an essential governmental service; or d. An interruption in the normal function and operation of anv city department that would result in a work stoppage or other substantial monetary loss. (3) Change orders. The purchasing officer may approve cumulative changes of up to 15 percent of the total contract price. Changes in excess of 15 percent of the total contract price or any change in excess of $15,000.00 must have the prior approval of the city council. (4) Contract renewals. Any contract containing a provision for renewal may be renewed in accordance with its terms. Authorization for approval shall be in accordance with the dollar threshold established by this section. (5) Intergovernmental/not for profit purchases. Purchases between the council and nonprofit organizations, other governments, or other public entities, and intragovernmental services. (6) Arts advertising or cultural displays. Purchases of advertising, works of art for public display, shows/displays/cultural events sponsored by the city. (7) Professional medical services. Medically -related professional services and emolovee benefit -related purchases. (8) Real property purchases. Purchase of real property. (9) Professional Services. Professional and personal service contracts, including but not limited to attornev„ appraiser, and expert witness services, shall be approved by the citv council if thev exceed $15,000.00. (10) Franchise, sponsorship or joint enterprise agreements. (11) Risk Management. The Procurement/Contracts Manager mav, except as otherwise required by statute, utilize the competitive solicitation process or enter into direct negotiations and contract with a vendor or supplier that best meets the citv's needs when acquiring insurance, entering risk management (Supp. No. 70) Created: 2024-07-01 13:29:40 [EST] Page 4 of 5 269 programs, or contracting with third -party administrators. The procurement of employee group insurance must be competitively selected per F.S. 112.08. (12) PRIDE/RESPECT. The Procurement/Contracts Manager may procure commodities and contractual services from PRIDE (Prison Rehabilitative Industries and Diversified Enterprises, Inc.) or RESPECT (Florida's preferential purchasing program for individuals with disabilities), as authorized by the Florida Statutes. (13) Reaulated Utilities—. - The Procurement/Contracts Manager may procure regulated utilities or government -franchise services (i.e., water, utility services, postage). (14) Grant or Law—. - The City Manager may enter into a contract where state or federal law, a grant, or state or federal agency contract prescribes with whom the City must contract or if the payment rate is established during the annual appropriation process. (15) Maintenance/Service/Warranty. The Procurement/Contracts Manager may award maintenance and/or service agreements on various types of technical equipment that are offered and/or supplied only by the original manufacturer or its representative which are required to maintain the integrity of the manufacturer's warranty, or that are part of the manufacturer's rental/lease/lease procurement agreement terms and conditions. (16) Any situation where compliance with this code will place the city in conflict with mandatory provisions of state law, federal law or the terms of any grant. (g) Prohibitions. No contract or purchase shall: (1) Be purposely subdivided to circumvent any requirements of this section. (2) Be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year, nor shall any expense of a special fund exceed the amount of money available to that fund. (h) Waiver. When in the best interests of the City, the City Council may, by affirmative vote, waive the provisions of this Section and authorize the purchase of any good or services without competitive bidding or waive bidding requirements unless doing so would otherwise violate applicable Florida or Federal law. (Ord. No. 0-06-01, § 1, 2-22-06) (Supp. No. 70) Created: 2024-07-01 13:29:40 [EST] Page 5 of 5 270 Business Impact Estimate Exemption Proposed ordinance's title/reference: AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2, CONCERNING PROCUREMENT OF GOODS AND SERVICES; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. If one or more boxes are checked below, City has determined is not required by state law* for the proposed ordinance, because the ordinance meets one or more of the following: ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; 0 The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: ❑ a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; ❑ b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; ❑ c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or ❑ d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. *See Section 166.041(4)(c), Florida Statutes. 271 Cl TY OF SEBASTI AN PROCUREMENT ORDI NANCE UPDATE No vem b er 4, 20 24 WHAT AND WHY ARE WE HERE What: We are updating policies for purchasing goods and services. Why: Our Current Procurement Ordinance... a • Hasn't been updated since 2006. • Is outdated and affects the City's ability to efficiently serve the residents. Why: An updated Procurement Ordinance... ' • Will give us better tools to achieve our goals. • Standardize the City's methods of procuring goods and services CURRENT PROCUREMENT POLI CY Section 2-10 outlines purchasing thresholds and exemptions to thresholds. However, it is limited and missing critical information as outlined below. Does not outline Procurement Methods Does not Outline "Cone of Silence" Does not outline Protest Procedures Does not outline our Tie Bid Procedure PROPOSED PROCUREMENT POLICY The proposed amendment to Section 2-10 will add critical informaiton to streamline the procurement process. The new amendment will: Outline which competitive solicitations the Procurement is authorized to use Outline "Cone of Silence" and consequences for not adhering to this policy. Outline the required steps to protest a competitive solicitation. Outline how the City will address identical competitive solicitations CURRENT POU CY VS PROPOSED POU CY Current Policy Dollar Threshold Procurement Methodology <2,500 One quote or invoice & PO $2,500.01 to $5,000.00 Two or more quotes & PO $5,000.01 to $15,000.00 Three or more quotes & PO $15,000.01 to Three quotes, PO& council $25,000.00 approval Over $25,000.01 Formal bid, PO & council approval Proposed Policy Dollar Threshold Procurement Methodology <2,500.00 One quote or invoice. NO PO $2,500.01 to $25,000.00 Three or more quotes & PO $25,000.01 to $75000.00 Three quotes, PO & council approval Over $75,000.01 Formal bid, PO & council approval VI SI ON Streamlining the Purchase order process. Processed 537 Purchased Orders last Fiscal Year PO PROCESSI NG 51 MI SI ON Lower the number of low dollar POs (< $2,50 0 ) processed. Processed 235 POs under $2,50 0.01 VALUE Approx. 51.5 minutes to process a PO at a cost of $61.00 Staff will save 201 hours 00 ti N CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE November 4, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director First Reading for Ordinance No. 0-24-20, making textual amendments to Chapter 74 of the Code of Ordinances, Parks and Recreation, and setting a date for second reading, public SUBJECT hearing and adoption. (November 20,2024) EXECUTIVE SUMMARY This is the first reading of Ordinance No. 0-24-20, making certain recommended textual amendments to Chapter 74-4 of the Code of Ordinances, Parks and Recreation, and setting a date for second reading, hearing and adoption. The history of this item is that based on recent changes to Florida State Statutes, Staff felt it important to update the City's code to reflect changes made at the state level so that users would be aware of same when using parks facilities. Recommended changes made to Section 74-4(2) relating to tobacco use are as follows: updated to include all forms of tobacco and electronic smoking devices in parks and public facilities. The applicable Florida Statute on this provides an exemption for unfiltered cigars, so that is provided for as well in the textual amendment to the Code. Recommended changes made to Section 74-4(11) relating to riding bicycles inside parks on paths designed for pedestrian use areas are as follows: Staff is modeling after the Florida Statutes and including E-Bikes and E-Scooters in the City Ordinance. Staff began a signage and education campaign several weeks ago in preparation for this amendment. Recommended changes made to Section 74-4(15) are as follows: Addition of Section (15) in order to address the use of balloons in parks and public spaces. The applicable Florida Statutes regulates balloons based on what type of material is filling the balloon, however, Chapter 74 prohibits the use of balloons generally in parks and open spaces for the benefit of wildlife and the estuary; this is permissible legally in that it is more restrictive legislation per review by the City Attorney. RECOMMENDATION Hold a First Reading for Ordinance No. 0-24-20, making textual amendments to Chapter 74 of the Code of Ordinances, Parks and Recreation, and setting a date for second reading, hearing and adoption on November 20, 2024. ATTACHMENTS: 1. Ordinance No. 0-24-20 2. Amended Chapter 74-4 279 FUNDING SOURCE: Expenditure required n/a Additional Funds Needed: $ 0.00 Amount Budgeted: I Funding source 280 ORDINANCE NO. 0-24-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATED TO CITY OF SEBASTIAN CODE OF ORDINANCES - CHAPTER 74 PARKS AND RECREATION; AMENDING SECTION 74-4(a)(2) RELATED TO SMOKING AND VAPING WITHIN CITY PARKS, AMENDING SECTION 74-4(a)(11) RELATED TO E-BIKES AND E-SCOOTERS WITHIN CITY PARKS AND CREATION OF SECTION 74-4(a)(15) PROHIBITING RELEASE OF BALLOONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parks and recreation facilities in the City of Sebastian are governed by Chapter 74 of the City's Code of Ordnances; and WHEREAS, it is in the public interest to periodically review and amend the City of Sebastian Code of Ordinances for updates and legal compliance; and WHEREAS; based on recent changes made in Florida State Statutes, it is recommended to amend Chapter 74 in three areas; and WHEREAS, Section 74-4(2) amends language relating to smoking and tobacco use, now including all tobacco products and electronic smoking devices except for unfiltered cigars; and WHEREAS, Section 74-4(11) now includes E-Bikes and E-Scooters as prohibited in parks; and WHEREAS, proposed Section 74-4 (15) has been added to address the prohibition of balloons and the intentional release of balloons in parks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. LEGISLATIVE INTENT. The Recitals contained in the Whereas clauses above are hereby found to be the true and correct legislative findings of the City Council of the City of Sebastian. SECTION 2. AMENDMENT. That the Code of Ordinances, City of Sebastian, Florida is hereby amended Chapter 74-4, Parks and Recreation, which said Chapter and Section(s) shall be amended to read as follows: Sec. 74-4. General regulations for recreational facilities. (a) Prohibited conduct; unlawful acts. No person shall: (1) Use profane, obscene or threatening language or conduct within the area which unreasonably interferes with the enjoyment of the recreational facility by others. 281 (2)-Use anv tobacco products or electronic smoking devices in anv park or recreation facility, whether indoors or outdoors, except for unfiltered cigars. (3) Knowingly interfere with, encumber, obstruct or render dangerous any part of a facility. (4) Enter or leave any park facility by motor vehicle except at established entrance ways or exits, or at established times. (5) Use an electronic public address system or other mechanical sound amplification devices, including radios and electronic sound reproduction equipment of any kind at such a high -volume level as to unreasonably interfere with the use and enjoyment by others of the facility. (6) Build or set fires except on cooking grills or self-contained cooking units in specified areas or upon written approval of the city manager. (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless in accordance with regulations allowing the same in conjunction with a city sponsored event, or as authorized by a city permit for a function held at a public use facility. (8) Cause or permit a dog or other domestic animal, other than a service animal within the scope of F.S. § 413.08, to enter the area unless such pet is maintained on a leash of six feet or less. No dogs or other domestic animals shall be brought into any enclosed public use facility except in accordance with the aforementioned statute. This subsection does not apply to city -designated dog parks where activities are conducted in accordance with posted rules and regulations. (9) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in any waters in or contiguous to, the parks or beach areas. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (10) Drive or park any unauthorized motor vehicle on any area within any park or recreational area except designated park roads or parking areas; park any motor vehicle that is not authorized by the city manager in any area other than an established or designated parking area; or park any motor vehicle that is not authorized by the city manager within any recreational facility during the established hours that said area is closed to the public. (11) Ride a bicycle on other than a designated vehicular road or path designated for that purpose; leave a bicycle in any place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. This includes E-Bikes, scooters and E-Scooters. (12) Post public notices except in designated areas and in accordance with time and place restrictions established by the city manager. (13) Operate a concession; sell, peddle, or solicit sell in any park without written prior approval of the city manager or his designee. (14) Bed down or sleep in parks or recreational areas including any parking area except upon written approval of the city manager; nor shall camper trucks, buses or trailers be permitted to remain in such parking area between the hours of 12:00 midnight and 6:00 a.m. except boat trailers may remain in areas designated for the parking thereof during the time between launch and return of the watercraft it has transported. (15) Intentionally release balloons and other inflated obiects outside in open air public facilities and parks. 282 SECTION 3._ CODIFICATION. The Sections of the Ordinance shall be codified within part of the City of Sebastian Code of Ordinances and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. SECTION 4. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. SECTION 6. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance 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 Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 92024. CITY OF SEBASTIAN, FLORIDA ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK LM ED DODD, MAYOR Approved as to form and legality for reliance by the City of Sebastian only: JENNIFER COCKCROFT, ESQ., BCS 283 CITY ATTORNEY 284 Sec. 74-4. General regulations for recreational facilities. (a) Prohibited conduct; unlawful acts. No person shall: (1) Use profane, obscene or threatening language or conduct within the area which unreasonably interferes with the enjoyment of the recreational facility by others. (2) Smake On buildings OF etheF aFea5 emeept wheFe designated by signs posted by the rzity FAanageF 9F his designee. Use anv tobacco products or electronic smoking devices in anv park or recreation facilitv whether indoors or outdoors, except unfiltered cigars. (3) Knowingly interfere with, encumber, obstruct or render dangerous any part of a facility. (4) Enter or leave any park facility by motor vehicle except at established entrance ways or exits, or at established times. (5) Use an electronic public address system or other mechanical sound amplification devices, including radios and electronic sound reproduction equipment of any kind at such a high -volume level as to unreasonably interfere with the use and enjoyment by others of the facility. (6) Build or set fires except on cooking grills or self-contained cooking units in specified areas or upon written approval of the city manager. (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless in accordance with regulations allowing the same in conjunction with a city sponsored event, or as authorized by a city permit for a function held at a public use facility. (8) Cause or permit a dog or other domestic animal, other than a service animal within the scope of F.S. § 413.08, to enter the area unless such pet is maintained on a leash of six feet or less. No dogs or other domestic animals shall be brought into any enclosed public use facility except in accordance with the aforementioned statute. This subsection does not apply to city -designated dog parks where activities are conducted in accordance with posted rules and regulations. (9) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in any waters in or contiguous to, the parks or beach areas. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (10) Drive or park any unauthorized motor vehicle on any area within any park or recreational area except designated park roads or parking areas; park any motor vehicle that is not authorized by the city manager in any area other than an established or designated parking area; or park any motor vehicle that is not authorized by the city manager within any recreational facility during the established hours that said area is closed to the public. (11) Ride a bicycle on other than a designated vehicular road or path designated for that purpose; leave a bicycle in any place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. This includes E-Bikes, Scooters and E-Scooters. (12) Post public notices except in designated areas and in accordance with time and place restrictions established by the city manager. (Supp. No. 70) Created: 2024-07-01 13:29:51 [EST] Page 1 of 2 285