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HomeMy WebLinkAbout04-09-2025 CC MinutesCIT\OF SQ3ASTI)-�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 9, 2025 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular Meeting to order at 6:20 p.m. 2. Pastor Alexis Talbot, Sebastian United Methodist Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Mayor Bob McPartlan Vice Mayor Fred Jones Council Member Kelly Dixon Council Member Ed Dodd Council Member Chris Nunn (via Zoom) Staff Present: City Manager Brian Benton City Clerk Jeanette Williams City Attorney Jennifer Cockcroft Finance Director/CFO Brian Stewart Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Parks and Recreation Director Richard Blankenship Procurement and Contracts Manager Jessica Graham Public Works Director Lee Plourde Human Resources Director Cindy Watson Communications/Social Media Coordinator Avery Joens Police Chief Daniel Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 2S.060 A. Presentation by Indian River Countv Sheriff Eric Flowers Sheriff Flowers said he recently went before Vero City Council and spoke to them about partnerships to leverage purchasing power. He offered that if the City or the Police Department ever needed to work together on something, save money or do things better, he was there to help. Regular City Council Meeting April 9, 2025 Page 2 25.061 B. Proclamation - National Public Safetv Week - AD_ ril 13 to 19.2025 - acceDted by Sebastian Police DeDartmentTelecom municators Mayor McPartlan read and presented the proclamation to Tuesday Holmes and Emma Hillyer. He thanked them for their calm voices when they deal with frantic people on the phone. Ms. Hillyer thanked Council and said with their collective efforts, they were proud to serve the community and look forward to continuing their important work together. 25.062 C. Proclamation - Water Conservation Month - April 2025 - AcceDted by James Cannon, Intergovernmental Coordinator of the St. Johns River Water Management District Mayor McPartlan read and presented the proclamation to Mr. Cannon. He thanked Council and said this year's special emphasis was on irrigation systems. He invited the public to go outside of their homes to make sure their irrigation systems are functioning the way they should be and there aren't any leaks. He said more information on water conservation or anything else the district does could be found on the district's website sjrwmd.com. 25.063 D. Presentation on the Fiscal Year 2024 Annual Audit by the Firm Carr, Rings & Ingram Christine Noll-Rhan, partner with Carr, Riggs, and Ingram, LLC gave a brief summary of the City's audit for Fiscal Year 2024. BriefAnnouncements: Friday, April 11- Chamber of Commerce Concert in the Park - 5:30-8 - Day Tripper Friday, April 18 - Easter Eaa Hunt at Twin Piers Bunny Photos at 5:30pm Egg Hunt at 6:45pm Sebastian Police Dept. Movie Night Out at 7.15pm - Zootopia Vice Mayor Jones announced the upcoming events. 7. PUBLIC INPUT Brent Wohlenberg said he intends to bring the sea grass back in the lagoon and then there will be green sea turtles and speckled trout like you've never seen. He would like to leave this world better than he found it. Bob Burger said he was here a couple months ago, and asked how long the Stonecrop Drainage Project was going to take. He said he was happy to announce that it is well underway and the contractor is doing a great job out there. He asked what the cost of the project was. Nelson McCollum, 554 Gossamer Wing Way, said Waste Management has been cutting through the Collier Club subdivision to get to Roseland Road on non -trash pickup days using Brushfoot Drive. This is a road that the residents paved three years ago for $145,000. In an effort to save wear and tear on their road, he asked Council to contact Waste Management to stay off the road on non -trash days. The City Manager offered to take care of that the following day. Regular City Council Meeting April 9, 2025 Page 3 Damien Lee Gilliams thanked Council for having the Riverview Park Workshop tonight and he invited the public to review the great ideas discussed. He asked Council to reconsider the plans for the park and how they will affect the businesses that are there before taking any further action. Damien H. Gilliams thanked Council for the workshop noting how important it was to the business owners and the veterans. He also thanked the City Manager and staff for assisting his neighbors on Layport Drive by putting up the speed detection radar. He noted that he made a public records request to find out that special counsel billed the City $20,000 to renounce his food truck appeal. He said because that is how he makes his income in this community; it was Council's responsibility to reach out to him to see what the problem was. In addition, he described how the closure of Harrison Street would also affect the value of his property which could be considered malicious prosecution. In response to a previous speaker, the City Manager reported that the total cost for the Stonecrop Project, is $2,800,000; with 75% coming from FEMA. 8. CONSENT AGENDA A. Consider Approval of March 12, 2025 City Council Minutes B. Consider Approval of March 26, 2025 City Council Minutes C. City Council Consideration of the Final Strategic Plan 2025-2027 Document Council Member Dodd asked to pull Item C. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve Consent Agenda Items A and B. Roll call: Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Motion carried. 5-0 Mayor McPartlan called for a recess at 6:51 to ensure Council Member Nunn could hear the meeting and as well as the public could hear his vote for the remaining matters. Upon return at 6:57 all members were present, included Council Member Nunn via telephonic communication. Item C - Final Strateaic Plan 2025-2027 Document Council Member Dodd said he was very proud of the work that the consultant and the staff did on this strategic plan and he invited anyone interested in seeing what's going to be driving their Regular City Council Meeting April 9, 2025 Page 4 City in the future, including all the budgeting process, to go out on the City's website and take a look. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve Final Strategic Plan 2025-2027 document. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS A. Second Readina and Quasi -Legislative Public Hearina on Ordinance No. 0-25-06 — Consideration of an Application for a Land Development Code Textual Amendment to Allow Accessory Dwellina Units (ADUs) in Sinale-Familv Residential Areas bv_ Establishina Definitions and Reaulations The City Attorney read the title to Ordinance No. 0-25-06 and Mayor McPartlan opened the public hearing at 6:59 p.m. There was no ex parte communication to disclose. The Community Development Manager said this was the second reading of the ordinance that will introduce accessory dwelling units into our residential area, single family into the code. She mentioned the City Clerk distributed a copy of the ordinance with the staff changes indicated in red with the underlined text that is to be added and the strikeout forwhat's deleted. She said she would go through the code and display some actual surveys of some homes in town to include a larger lot, a corner lot, an interior lot, and a double lot that will give Council some visuals of what ADUs may do. She also said the applicant was present if Council had any questions and she requested their presentation from the first reading be included in the records for the second reading. The Community Development Manager described how Ordinance No. 0-25-06 will provide a definition of accessory dwelling units in that they are going to be considered a type of accessory structure. So therefore, they're not going to be counted towards density in single family zoning districts. Because multifamily districts already allow for more than one unit, ADUs would not be permitted in those areas as well as some of the Sebastian Highlands that is zoned RM 8 with 10,000 square foot lots which provide for duplexes. She stated the purpose of the ordinance is to add a housing option and provide some affordable living accommodations. It would also allow homeowners to rent out the extra space for additional income. It will allow multi -generational living and aging -in -place options for families. And, maybe promote the conservation of vacant lots. Regular City Council Meeting April 9, 2025 Page 5 The Community Development Manager continued to say the ordinance will prohibit use of the ADU as a vacation rental; and it cannot be used for a commercial business location, except for those that are allowed for a home -based business. The ADU could not be converted into a condo with two separate owners on one parcel; and if the ADU was on the vacant side of a double lot and the homeowner wanted to convert that into a full home, that ADU would have to come into compliance with minimum size, setbacks, and a carport or garage. She described how a homeowner could create an ADU by converting an existing living area in a split floor plan, or by using an attic or a garage, most likely not an attic, but a garage. Once a permit is applied for, the staff will look to see if it's going to have a sleeping, cooking, and bathroom area, and maybe a separate door. A home could also be added onto with a new floor area or a separate, detached structure could be built. She said the principal structure in the ADU must be on one tax parcel, which can be on a single lot or it can be through a unity of title; however, only one ADU per tax parcel will be allowed. The ADU unit could be "A" or "Unit A" or "Unit B" with one mailbox. The ADU can be permitted only after the principal residence has received its certificate of occupancy. The ADU can be charged an impact fee; staff is currently looking at Indian River County's guidelines. They do have certain exemptions for property owner who are under the income level. Staff would also have the homeowner, who wasn't using the ADU for a family member, submit an affidavit stating they would rent it out at an affordable rate to a very low income/extremely low income/low income or moderate -income family as defined by Florida statute. She said staff does not want to get into the enforcement of the on the rental arrangements but it would be available as a public record if there was a tenant problem it becomes a civil matter. The Community Development Manager described the design standards in that the ADU must be compatible with the character of the neighborhood and match the principal residence as close as possible. The Building Department and inspectors will review the electrical and plumbing so that it meets the residential Florida building code. The Community Development Department will make sure the ADU is in the best placement so occupants can share a driveway or backyard. She displayed layouts and calculations for six ADU possibilities on the overhead projector. (See attached) No one spoke in favor or opposition to the proposed ordinance. MOTION by Council Member Dixon and SECOND by Vice Mayor Jones to approve Ordinance 0- 25-06. Council Member Dodd said he met with staff and thanked them for going through this with him, he noted that after the first reading, he spent some time looking at other cities and what they're doing and he has come to the conclusion that while he wasn't convinced that it was putting development where it should be, not supporting wouldn't be gainful because ADU's are happening everywhere so he intended to vote yes on the motion. Regular City Council Meeting April 9, 2025 Page 6 Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Motion carried. 5-0 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Citv Council Consideration of a Time Extension Reauest for the Conceptual PUD, Development Plan for River Oaks Subdivision The Community Development Manager said in October 2023, Council approved the conceptual development plan for the River Oaks Preserve, this was the one south of Landfair and Lighthouse with the extension of Shakespeare. The Code requires the developer to bring in an application for the next step of a PUD, the preliminary development plan, within 18 months. As the developer has been preparing the preliminary development plan, there has been a couple of items that have taken longer than what they anticipated such as the relocating of a canal with the Sebastian River Improvement District and the lining up of the Shakespeare Street extension with some of the Liberty Park and FDOT design requirements for the for the 510 widening. She said the code does allow an extension as long as the developer could demonstrate thatthey've been in good faith implementing and working towards that submittal. She said staff agreed that they have been working in good faith and a representative was available if Council had any questions. Council Member Dodd clarified for those people who live on Shakespeare that none of this request changes the agreements that were made to not connect Shakespeare all the way through and to put the gates and so forth there. He said this was a reasonable extension request and made a MOTION for approval. Vice Mayor Jones SECONDED the motion. There was no public input. Roll call: Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 B. Selection of True North Emeraencv Manaaement. LLC for RFP 25-10. Disaster Debris Monitorina Services The Procurement Manager said the original contract was executed in 2014, it was time for a new contract by which three submittals were received and evaluated. Staff recommended moving forward with True North Emergency Management. She pointed out that nothing is listed in the Regular City Council Meeting April 9, 2025 Page 7 funding source because the City will payout of pocket and then submit for reimbursement from FEMA. MOTION by Vice Mayor Jones and SECOND by Council Member Dixon to approve a contract with True North Emergency Management for disaster debris monitoring services. There was no public input. Connectivity was lost with Council Member Nunn at this point. Roll call: Mayor McPartlan Vice Mayor Jones Council Member Dixon Council Member Dodd Council Member Nunn Motion carried. 4-0 13. CITY ATTORNEY MATTERS - aye - aye - aye - aye - Zoom connectivity lost The City Attorney advised that the accessory dwelling unit ordinance might come back before them before the end of the year based on the legislative changes going on in Tallahassee right now. 14. CITY MANAGER MATTERS The City Manager advised that he has been working with the Mayor on composing some letters regarding different things which he has included in his monthly reports to them. He also advised that he has put a spreadsheet of the grants that the City has applied for on the dais and he clarified that it did not include the FAA or FDOT grants. He said staff is evaluating every possibility for grant opportunities and the grant writer currently under contract applies a second time if the City is denied a grant. He said he is very pleased with the grant writer who puts together very detailed application packets that are available for review should Council be interested. He requested a closed meeting prior to the next Council meeting at 5:00 p.m. to discuss labor negotiations. It was the consensus of Council to meet prior to the next Council meeting on April 23. The City Manager reported that the grant writer did apply for a Central Indian River Lagoon grant that was allocated from the Governor for the CRA area to assist with the conversion from septic to sewer. It is for $3,600,000 with a match required by the City of roughly $190,000. Staff is currently in communication with the Florida Department of Environmental Protection who has asked for a timeline and implementation plan on how the City plans to move forward on this. He said he expects the interlocal agreement with the County to come to Council at the April 231 meeting. He said while he was announcing the award, he was still working to get everything in order so he could roll this information out to the public. 15. CITY CLERK MATTERS - None Regular City Council Meeting April 9, 2025 Page 8 16. CITY COUNCIL MATTERS Mayor McPartlan said the workshop went well. He wished everyone stayed for the regular City Council meeting. Council Member Dixon wished everyone a Happy Easter. Council Member Dodd thanked the City Manager and the Mayor for getting the Septic to Sewer Interlocal Agreement with the County. He also thanked staff for their work on the Central Indian River Lagoon grant. Vice MayorJones said he was excited to continue protecting the Indian River Lagoon by having more septic tanks removed from the CRA district. 17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 7:31 p.m. Approved at the April 23,2025 Regular City Council Meeting Mayor Bob McPartlan ATTEST. 161nette Williams, City Clerk -- - Regular City Council Meeting March 12, 2025 Page 8 The City Attorney read the title of Ordinance 0-25-06. The Community Development Manager stated Ordinance 0-25-6 was an applicant -driven change to the Land Development Code and the applicant, Brad Reardon, came forward with his rCco rat presentation. - Brad Reardon stated that he and his business partner, Jim Adams, are the owners of Renovations Plus of Indian River County. Renovations Plus recently contracted with a resident of Sebastian to build an accessory dwelling unit which will enable the resident to provide housing for her adult daughter on her property who was not able to afford to live independently. Renovations Plus has had a lot of recent calls for similarjobs and so they researched and found out there was a need for these units because of people who have aging parents to care for or adult children who need to come back home. Mr. Reardon explained that Renovations Plus requested the new parameters established by Ordinance 0-25-06 in order to accommodate residents who need these accessory dwelling units. This will provide affordable housing opportunities for young professionals, retirees, and essential workers and also address the growing demand for housing in Sebastian. Homeowners will benefit from an increased property value after the construction of an accessory dwelling unit, and this contributes to a stronger local economy. This also supports multi -generational living and allows people to live together while maintaining privacy so they can help aging parents and adult children. Accessory dwelling units also provide a source of supplemental income for homeowners through long or short-term rentals, and the additional income can make home ownership more accessible and sustainable for many residents. There would also be an increase in tax revenue for the City since there would be an enhancement to property values, as well as the permit fees that go along with construction. Mr. Reardon stated that thoughtful guidelines, such as the construction size limits and architectural consistency outlined in Ordinance 0-25-06, will help to maintain the unique characteristics of Sebastian neighborhoods. He thinks this is a forward -thinking strategy that aligns with the values and needs of the community. Council Member Nunn stated that he sits on the Affordable Housing Advisory Committee in Indian River County and the County had incorporated similar parameters into their Code not that long ago. He is in support of this Ordinance and thinks it will provide a huge benefit. Council Member Dodd stated that he is not in support of Ordinance 0-25-06. He said he views this as a solution looking for a problem. He is not against affordable housing. He is against allowing accessory dwellings on a lot that is 0.161 acres in size, which is what 7,000 square feet is. He is opposed to having second residences being built on a quarter -acre lot, and most of the City lots are quarter -acre lots. He is not sure everyone understands the impact or the ramifications of this. In the Ordinance, we are stating the accessory unit will not be to be a separate address. He asked how will this impact 911 calls? How will the tax assessor handle a second residence that is a rental property on the same lot with a primary residence? How will the Postal Service or Waste Management handle additional services for the accessory dwelling unit? Council Member Dodd stated it is already legal in Indian River County to add an addition to an existing home. There are already guest houses allowed in the Land Development Code, up to 500 square feet, he believes, in two of the zoning categories. He points out that the applicant added a 500-square foot guest house on property that is almost half an acre, which is not a problem. He said this can be handled by making guest houses allowable under conditional uses within RM-8 and RS-10. ORDINANCE NO.O-25-06 Accessory Dwelling Units (ADUs): • Provides for a definition of Accessory Dwelling Units, which are to be considered a type of Accessory Structure, therefore not counted towards density (in single-family zoning districts) ➢ ADUs would not be permitted in Multi -Family Zoning Districts as these areas already allow for more than one unit based on size of parcel, and allow for smaller minimum living area for units ➢ Areas of Sebastian Highlands zoned RM-8 allow for duplexes on a 10,000 SF lot (80' X 125'). ADUs on these lots would not be allowed • Discloses ADUs intended Purpose: ➢ Add a type of housing option ➢ Affordable living accommodation ➢ Allows homeowners to rent out extra space for additional income ➢ Adds multigenerational living and aging in place options for families ➢ Promotes the conservation of vacant lots and prevents proliferation of spawl by repurposing existing structures and developed lots • Indicates Prohibitions: ➢ The ADU cannot be rented out as a vacation rental (also proposed in SB 184) ➢ The ADU cannot be used for a commercial business location except for a home -based business as allowed by Florida Statutes and the LDC ➢ The conversion of the ADU in to a condo, i.e. separate ownership from the principal residence ➢ Converting the ADU into the principal residence unless it meets all the zoning district regulations, i.e. minimum living area size, required garage or carport, meet setbacks, etc. • Establishes ADU Requirements: ➢ An ADU can only be created by: ✓ Converting existing living area, attic or garage into a unit that has sleeping, cooking and bathroom areas ✓ A building addition that adds new floor area creating an ADU ✓ A detached ADU, or a ADU attached to a detached accessory structure ✓ A new single-family residence and ADU constructed at the same time/one permit ➢ The City's ADU regulations will not supersede HOA deed restrictions ➢ The principal residence and ADU must be on one tax parcel, which can be a single lot, or double lot combined with a Unity of Title ➢ Only one ADU per tax parcel ➢ The ADU must use the same address as the residence: Unit A and/or Unit B ➢ The ADU parcel must meet the minimum lot size of the applicable zoning district, or the lot must be a legally platted lot. ➢ The ADU can only be permitted in conjunction with or after the principal residence, not before. It cannot be used during construction of the house, the principal residence must receive its Certificate of Occupancy first ➢ The ADU can be charged an Impact Fee with permitting, if applicable ➢ The ADU permit application must include an affidavit that if not used for a family member, the rental rate will be an affordable rate to an ELI, VLI, LI, or moderate -income person(s) as defined by F.S. • Creates Design Standards: ➢ The ADU must be compatible with the character of the residential neighborhood ➢ The ADU must match the principal residence as close as reasonably possible, with the use of conventional windows and doors ➢ Placement of the ADU must consider the sharing of common space on the lot, such as the driveway and open areas ➢ Mobile homes and RV's cannot be used as an ADU. ADU's require permitting and must meet residential Florida Building Codes (Sheds or garages converted to an ADU) ➢ Size: Not larger than 50% of the size of the principal residence under air or 1,000 SF maximum. No smaller than 300 SF ➢ All zoning district regulations must be coverage, impervious area, and open space met regarding required setbacks, building ➢ Height: One story unless on top of a garage or storage building, but cannot be higher than the house ➢ The ADU must connect to water and sewer if available, or meet Health Department requirements for well and septic system. May have to increase size of existing systems and/or upgrade to newer type of system ➢ Parking: "Adequate on -site parking shall be provided to support the use of both the principal residence and ADU." • Adjusts existing Accessory Structure regulations to accommodate ADUs by exempting ADUs from the 5% requirement and the architectural requirements for structures over 500 SF. Architectural requirements (matching the house) will apply to any sized ADU • Removes "Guest Houses" as conditional uses in the LDC inapplicable sections and the Use Table/Matrix