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Home My WebLink About05-28-2025 CC AgendaCITY OF S j3AST14 HOME OF PELICAN ISLAND CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY AGENDA WEDNESDAY, MAY 28, 2025 - 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. INVOCATION - Rabbi Stephen Fuchs, Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE - Led by Council Member Dodd 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. ..� No public input or actions under this heading. Proclamation - Sebastian River Rowing Team for Their Commanding Performance at the Florida Scholastic Rowing Association's Sculling State Championship Proclamation - Code Enforcement Officers Appreciation Week - June 1 - 7, 2025 Proclamation - Sebastian Area Historical Society Thirtieth Anniversary - May 31, 2025 Bd4fAnnouncements: Friday, June 6 - City of Sebastian Summer Kickoff Concert at Riverview Park - 6-9pm - Feautring Hot Pink 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides and opportunityfor 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. COMMUNITY REDEVELOPMENT AGENCY Recess the City Council Meeting and Convene the Community Redevelopment Agency pgs 7-10 A. Consider Approval of Draft April 23, 2025 CRA Minutes Staff Report April 23, 2025 CRA Minutes pgs 11-19 B. Consideration of a purchase order for Coleman Fire Protection, LLC for $79,300.00 to install Law Enforcement Dock Hose Stations and authorize the City Manager or designee to execute. Staff Report April 23, 2025 Coleman Agenda Item Extraordinary Procurement Certificate Coleman Fire Protection, LLC Quote pgs 20-26 C. Consideration of Addendum No. 1 to CSA-04 for CoastalWide, LLC to provide Swing & Bench Park State and Federal Permitting not to exceed $5,820.00, and authorize the City Manager to execute the agreement. Staff Report CoastalWide, LLC Addendum No. 1 - CSAAE"04 CoastalWide, LLC CSAW'04 Recess the Community Redevelopment Agency and Reconvene the City Council Afeeting 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 27-31 A. City Council Consideration of Resolution No. R-25-17 Florida Boater Improvement Program Grant Application for Main Street Boat Ramp Staff Report.pdf Resolution R-25-17.pdf Resolution R-25-10.pdf pgs 33-39 B. Consideration of Addendum No. 1 to CSA-04 for CoastalWide, LLC to provide Swing & Bench Park State and Federal Permitting not to exceed $5,820.00, and authorize the City Manager to execute the agreement. Staff Report CoastalWide, LLC Addendum No. 1 - CSAW'04 CoastalWide, LLC CSAW'04 10. COMMITTEE REPORTS & APPOINTMENT City committee reports and Council Member regional committee reports. No public input or action except City committee member nominations and appointments under this heading. pgs 40-48 A. Consider Filling Two Unexpired, Alternate Member Vacancies on the Natural Resources Board Staff Report 2 Applications Advertisement Board Mcmber List 11. PUBLIC HEARINGS pgs 49-86 A. Second Reading, Public Hearing and Adoption of Ordinance 0-25-08 Amending Land Development Code Article V Zoning District Regulations to incorporate a new zoning district known as Mixed -Use Zoning District Staff Report Ordinance No. 0-25-08 Business Impact Estimate 0-25-08 pgs 87-102 B. Second Reading, Public Hearing and Adoption of Ordinance 0-25-09 Amending the Code of Ordinances of the City of Sebastian, Chapter 30 — relating to Businesses - in order to comply with revisions of the Florida Statutes. Staff Report Ordinance No. 0-25-09 Business Impact Analysis FS 205.055 FS 205.162 pgs 103-112 C. Second Reading, Public Hearing and Adoption of Ordinance 0-25-10 Amending Land Development Code Article VII General Regulations relating to Home Occupational Licenses also known as Home Based Businesses Staff Report Ordinance No. 0-25-10 Business Impact Estimate CS/H13403 2021 12. UNIFINISHED BUSINESS 13. NEW BUSINESS pgs 113-162 A. Consideration of Resolution R-25-18, approval of the Amendment to Public Transportation Grant Agreement FM448113-1-94-01, and authorize the City Manager or designee to execute Staff Report Resolution No. R-25-18 PTGA FM448113-1 Signed Grant Agreement Amendment to PTGA FM448113-1 pgs 163-211 B. Consideration of selecting Infrastructure Consulting & Engineering for Construction Services on the Taxiway Golf project under CSA-14, and authorize the City Manager or designee to execute Staff Report ICE CSA #14 ICE Construction Scope & Fees FDOT FM448113 Signed Grant Agreement pgs 212-228 C. Consideration of Amendment Four to the Agreement between the City of Sebastian and 3 International Golf Maintenance to extend the agreement, implement not to exceed budget amounts for the remaining contract terms, and authorize the City Manager to execute all appropriate documentation. Staff Report IGM Fourth Amendment - Vendor Executed.pdf pgs 229-233 D. Consideration for approval of Resolution No. R-25-14 approving budget adjustments for FY 2024 Quarter 4, ending September 30, 2024. Staff Report Resolution No. R-25-14 pgs 234-237 E. Consideration of Approval of Resolution R-25-15 approving budget adjustments for FY 2025 Quarter 1, ending December 31, 2024. Staff Report Resolution No. R-25-15 pgs 238-245 F. Consideration of Approval of Resolution R-25-16 approving budget adjustments for FY 2025 Quarter 2, ending March 31, 2025. Staff Report FY 25 2nd Quarter Financial Report Resolution No. R-25-16 pgs 246-254 G. Consideration of a purchase order for Coleman Fire Protection, LLC for $79,300.00 to install Law Enforcement Dock Hose Stations and authorize the City Manager or designee to execute. Staff Report April 23, 2025 Coleman Agenda Item Extraordinary Procurement Certificate Coleman Fire Protection, LLC Quote 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. fffY COUNCIL MATTERS Council Member Dodd Vice Mayor Jones Mayor McPartlan Council Member Nunn Council Member Dixon 18. ADJOURN(AH meetings shall adjourn by 9:30 pin unless ewtendedfi)r 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) 4 IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHa NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 - ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE 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 THREE 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. 6 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT AOF SEgps. S -"q41wP- 0 �v DATE May 28, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Consider Approval of April 23, 2025 CRA Minutes EXECUTIVE SUMMARY Consider approval of April 23, 2025 Community Redevelopment Agency minutes. RECOMMENDATION Request changes if necessary. Consider approval of draft minutes. ATTACHMENTS: i. April 23, 2025 CRA Minutes FUNDING SOURCE: Expenditure required Amount Budqeted: Funding source N/A N/A N/A Additional Funds Needed: s o.00 7 CITY OF F13ASTIAN HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached April 23, 2025 Community Redevelopment Agency minutes were approved at the May 28, 2025 Community Redevelopment Agency meeting. Chairman Bob McPartlan ATTEST: Jeanette Williams, City Clerk 8 Regular City Council & CRA Meeting April 23, 2025 Page 3 Terry McGinn said he has witnessed bullying, drinking and smoking by teen-agers at the new Creative Playground. With regard to Hurricane Harbor, the City Manager explained that staff is preparing a presentation for Council to decide which direction they would like to go with the building. 8. Mayor McPartlan recessed the City Council meeting and convened the Community Redevelopment Agency meeting. All members were present. A. A motion was made by Mr. Dodd and seconded by Ms. Dixon to approve the March 26, 2025 Community Redevelopment Agency Minutes which passed with a unanimous voice vote. 5-0 B. Consideration of a Facade Sian and Landscape Grant Reauest for VT Auto Care Located at 705 U.S. Highway 1 The Community Development Director said this request was for a fa4ade improvement in accordance with the adopted CRA Master Plan, the grant reimbursement amount would be approximately $3,000 and the design could be viewed on page 18 of the agenda backup. MOTION by Vice Chairman Jones and SECOND by Mr. Nunn to approve VT Auto Care's grant request from the Facade, Sign, and Landscaping Grant Program. There was no public input. Roll call: Vice Chairman Jones - aye Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Motion carried. 5-0 C. Consideration of an Interlocal Aareement between Indian River County, Sebastian Community Redevelopment Agency and the City of Sebastian for the Installation of Sewer Service within the Community Redevelopment Aa_encv District The City Manager said this was a partnership between the Indian River County Utilities Department and the City of Sebastian to begin the process of converting 96 developed properties located within the CRA District from septic tanks to County sewer. He highlighted that the City and County will work together to obtain easements that are necessary, the City will provide up to $100,000 to cover the cost of materials for this 0 Regular City Council & CRA Meeting April 23, 2025 Page 4 project. If material costs exceed $100,000 the County must receive approval from the City for the additional funding. He also said the sewer mains were shown on Exhibit 1. He noted that City staff will be bringing forward an Ordinance which will require everyone in the CRA to connect to sewer within 1 year following the completion of this project. He thanked Joe Flescher, Indian River County Commissioner, Sean Lieske, Director of Indian River County Utility Services and John Titkanich, Indian River County Administrator for their partnership in this interlocal agreement. MOTION by Mr. Nunn and SECOND by Vice Chairman Jones to approve the Interlocal Agreement for the installation of sewer service within the Community Redevelopment District. Commissioner Flescher said it was a pleasure to see this come to fruition. Mr. Lieske thanked the City staff, City Attorney and the County Attorney for working together to help the river. There was no public input. Roll call: Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Vice Chairman Jones - aye Motion carried. 5-0 Chairman McPartlan recessed the Community Redevelopment Agency meeting and reconvened the City Council meeting. All members were present. 9. CONSENT AGENDA 25.070 A. Alcohol Beverage Approval - Guettler Family 25.071 B. Alcohol Beverage Approval - Lachance Family MOTION by Council Member Nunn and SECOND by Council Member Dixon to approve consent agenda items A and B. 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 10 CITY OF SEBASTIAN OF SEBgs V 14 O 7."Emor- FPELICP*�' EXECUTIVE SUMMARY COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE May 28, 2025 TO CRA Board THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Consideration of a purchase order for Coleman Fire Protection, LLC for $79,300.00 to install Law Enforcement SUBJECT Dock Hose Stations and authorize the City Manager or designee to execute. The City of Sebastian's Procurement Division issued a formal solicitation for the installation of hose stations at the Law Enforcement Dock; however, no bids were received in response to the solicitation. Given the lack of responses and the need to move forward with the project, the Procurement Division explored additional procurement options in order to fulfill the necessary services. The Procurement Division requested a quote from Coleman Fire Protection, LLC, the contractor that previously completed the installation of hose stations at the Working Waterfront Dock. On April 23, 2025, the City Council approved waiving the competitive sealed bidding requirements in accordance with Section 2-zo(b)(4) of the City Code of Ordinances, allowing the City to proceed with a direct purchase under these circumstances This request is in alignment with the 2023 adopted CRA Redevelopment Master Plan, as infrastructure is identified as major theme of the plan implementation strategies. Therefore, Staff is requesting the CRA Board approve a purchase order for Coleman Fire Protection to install Law Enforcement Dock Hose Stations. RECOMMENDATION On behalf of the Parks and Recreation Department, the Procurement Division recommends that the CRA Board approve a purchase order for Coleman Fire Protection, LLC for $79,300.00 to install Law Enforcement Dock Hose Stations and forward to the City Council for approval. ATTACHMENTS: s. April 23, 2025 Coleman Agenda Item 2. Extraordinary Procurement Certification 11 3. Coleman Fire Protection, LLC Quote FUNDING SOURCE: Expenditure required $79,300.00 Additional Funds Needed: $ o.00 Amount Budgeted Funding source 50% FIND Grant ($39, 650) 50% CRA Operating Budget ($39, 650) 12 CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z ' PELICP' CITY COUNCIL STAFF REPORT DATE April z3, zoz5 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Requesting City Council waive the competitive sealed bidding requirements and authorize Coleman Fire SUBJECT Protection, LLC to install Law Enforcement Dock Hose Stations. EXECUTIVE SUMMARY The City of Sebastian's Procurement Division issued a solicitation to install Law Enforcement Dock Hose Stations, and no bids were received. This is the second project the City has issued for the installation/replacement of dock hose stations where contractors did not attend the pre -bid meeting and no bids were received. As this project is critical to ensure the Law Enforcement Vessel can be safely docked, the Procurement Division decided that re -issuing the solicitation was not in the City's best interest. Instead, the Procurement Division requested a quote from Coleman Fire Protection, LLC. Coleman Fire Protection installed the Working Waterfront Dock Hose Stations. Due to the critical nature of this project and failed attempts to obtain quotes through a competitive solicitation, staff requests City council waive the formal sealed bid requirement. City Code of Ordinances Section z-so (b)(4) requires formal sealed bids and city council authorization for purchases over $75,000.ol. However, per Section 2-10 (h), City Council may waive the provisions of ordinance z-so and authorize the purchase of any goods or services without competitive bidding or waive bidding requirements. The project is funded through a FIND Grant and the CRA operating budget. Before the request can be taken to the CRA Board for approval to spend funds, the Procurement Division needs the formal sealed bid requirements referenced in Section 2-so(b)(4) waived. RECOMMENDATION On behalf of the Parks and Recreation Department, the Procurement Division recommends that City Council waive the competitive sealed bidding requirements and authorize Coleman Fire Protection, LLC to install Law Enforcement Dock Hose Stations. ATTACHMENTS: 1. Extraordinary Procurement Certification 2. Coleman Fire Protection, LLC Quote 13 FUNDING SOURCE: Expenditure required $79,300.00 Additional Funds Needed: $ o.00 Amount Budgeted Funding source 50% FIND Grant ($39, 650) 50% CRA Operating Budget ($39, 650) 14 �! S. AV I� ,I - 00, -' FIRE PROTECTION LLC Date: April3rd 2025 Customer: Address: Contact: Phone: Proj ect: Location: Owner: City of Sebastian Jim Testa 772-453-9722 PROPOSAL CFP Proposal # Email: Law Enforcement Dock Hose Stations Arch./Eng.: Sheet #'s & Dates: Addenda (list): N/A EOR: 25-2009 (acquire and attach copy — Noti, c o i Commencement) Coleman Fire Protection Inc. (CFP) proposes to furnish materials and labor as specified below at the prices stated below: Allowing CFP to commence work or Preparation for work will constitute acceptance by Customer of this proposal. CFP and Customer will execute an American Institute ofArchitect's A401-1997 subcontract form to memorialize their agreement, supplemented and modified as provided by this Proposal which shall be incorporated by reference into the final subcontract SCOPE OF WORK INCLUDED: CFP to provide Design, Permitting, Materials and Labor to provide the following scope CFP to provide 3 hose stations starting 215 feet +/- from the end of the dock spaced 100 feet +/- apart with the last hose within 50 feet +/- of the end of the dock. The supply piping shall be 3" CPVC secured with stainless material. Piping from the underside of dock to fire hose valves will be schedule 40 galvanized with grove couplings with stainless hardware. CFP to provide 4" UG supply piping to the new FDC located at the street to dock entrance. Hydrants to be provided by others PRICING IS BASED UPON: 1. This proposal is subject to acceptance by Buyer for thirty (30) days, after which time, at the option of the Seller, it becomes null and void due to material market increases coming out monthly. 2. This pricing is strictly based on working during normal working hours and day's night work, and weekend work is not provided. 3. Demo of existing piping is excluded. NOTE: Attachments referenced by project name and CFP proposal # and dated, shall be incorporated completely as if written herein. 16 However, excluding: ❑ Failure of existing system during Fill -up or damage as result thereof. ❑ Electrical wiring Electrical Demo of any kind ❑ Raising of piping ❑ Relocating of piping ❑ Fire Watch to be provided by others ❑ Shutdown Fees ❑ Fire extinguishers ❑ Night, or Weekend work Adequacy of water supply Sidewalk Replacement Sod Replacement Terms Of Pavment: Payment shall be made on the Tenth (loth) day of each month in the sum of ninety percent (90%) of the work installed and of the materials delivered and stored at the jobsite, in the month immediately preceding, and the balance thirty (30) days after completion of the work Proposal Based On: This proposal is subject to CFP terms and conditions (Copy Attached) Coleman Fire Protection complies completely with the Florida Construction Lien Law and the New Construction Prompt Payment Law (Section 715.12) Base $32,300.00 for the UG Supply piping Quote/Bid: $47,000.00 for the dock piping and hose stations TOTAL CONTRACT PRICE: $79,300.00 Attach CFP schedule of values. Coleman Fire Protection LLC. Sales Representative: JOkV1, CDLP,KOVu Office:321-914-0861 Fax: 321-733-1297 Cell: 321-508-2767 Accepted by: Title: Date: * Subject to acceptance within 30 calendar days, conditions of this proposal and approval of Customer's credit by CFP. General Terms and Conditions 17 1. Allowing Seller to proceed and commence with any work regarding this proposal shall constitute an acceptance by Customer of this bid proposal. Seller and Customer will execute an AIA, A401-1997 subcontract form to memorialize their agreement, supplemented and modified as provided by this bid proposal and referenced attachments which shall be incorporated by reference into the final subcontract agreement. In the event of any conflict between the terms of this proposal and any other documents, this bid proposal shall govern. 2. A change in the price of an item of material of more than 5% between the date of this bid proposal and the date of installation shall warrant an equitable adjustment in contract price. 3. Seller will NOT be required to name additional insureds to its GL insurance policy, nor to waive subrogation for claims covered by worker's compensation or commercial GL insurance. Seller shall maintain insurance with coverage and limits only as provided by Sellers existing insurance program evidenced by its certificate of insurance, available upon request. 4. Sellers schedule of values shall be used to determine progress payments. All sums not paid when due shall bear interest at the rate of 1 %: % per Month from due date until paid or the maximum legal rate permitted by law whichever is less; and all costs of collection, including reasonable attorney's fee, shall be paid by Customer. The proper venue to resolve any disputes arising under the agreement shall be the place where the project is located, and the laws of said place shall govern all such disputes. 5. Seller shall be entitled to equitable adjustments of the contract price, including but not limited to any increased costs of labor, supervision, equipment or materials, and reasonable overhead and profit, for any modification of the project schedule differing from the bid schedule, and for any other delays, acceleration, out -of -sequence work and schedule changes beyond its reasonable control, including but not limited to those caused by labor unrest, fires, floods, acts of nature or government, wars, embargos, vendor priorities and allocations, transportation delays, suspension of work for non-payment or as ordered by Customer, or other delays caused by Customer, Owner, Owner's agents, or others. Should work be delayed by any of the aforementioned causes for a period exceeding (90) days, Seller shall be entitled to terminate the subcontract. Seller change proposals must be processed in not more than (30) calendar days. 6. Back -charges: No back -charges or claim of the Buyer for services shall be valid unless agreed to in writing by the Seller before the "back -charge work" is executed. In the case of the Seller's failure to meet any requirement of the subcontract agreement, the Buyer shall notify the Seller of such default in writing, and allow the Seller reasonable time to correct any deficiency. 7. THE EXPRESS WARRANTIES SET FORTH IN THE SUBCONTRACT DOCUMENTS ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SUBCONTRACTOR (Seller ). Seller shall not be responsible for special, incidental, or consequential damages, and Seller's liability for delay damages shall not exceed 5% of the original subcontract amount. Seller is not responsible for damage to its work by other parties, and any repair work necessitated by such damage shall constitute extra work. All materials shall be furnished in accordance with the respective industry tolerance of color variation, thickness, size, finish, texture and performance standards. All warranty claims must be received by Seller not more than one (1) year after completion of subcontractor's work, and Seller must be provided a reasonable opportunity to inspect, and make corrections, or such warranty claims are barred. Except as specifically required by the work and specifications included in this bid proposal, Customer shall furnish all temporary site facilities, including but not limited to; site access, storage space, hoisting facilities, guard rails, covers for the floor, roof and wall openings, security, parking, safety orientation, break and lunch facilities, toilet and wash facilities, drinking water and other water facilities, electrical service, telecommunication service, lighting, heat, ventilation, weather protection, fire protection, trash and recycling services. Seller shall be responsible for cleaning up it's own debris and placing it in a on -site disposal container provided by others. 8. Buyer warrants the sufficiency of the structure, asbestos free and able to support the water filled weight of the piping system and its related equipment. Buyer also warrants adequacy of water supply, character, condition, or use of foundations, walls, or other structures, along with wiring, fixtures, or other equipment existing or erected new by others. "Fire rating" of piping penetrations shall be provided by Buver„ regardless of schedule, unless otherwise noted. Seller will typically make piping penetrations through existing walls and structures during installation, unless otherwise noted herein. If Seller's piping is installed prior to walls or structures, Buyer shall be responsible for "leave outs", holes, and "fire rating" of penetrations thereafter. 10. When Seller's work is performed on existing equipment, the Seller's responsibility is limited only to the new work installed by Seller. Any requirement for additional labor, material or testing of existing equipment shall be immediately communicated to Buyer and executed as directed to proceed. 18 CITY OF SEBASTIAN OF S E B,qs, xI '92 0 Z ' PELICP" COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE May 28, 2025 TO CRA Board THRU Brian Benton, City Manager FROM Jessica Graham, Procurement Manager Consideration of Addendum No. 1 to CSA-04 for CoastalWide, LLC to provide Swing & Bench Park State SUBJECT and Federal Permitting not to exceed $5,820.00, and authorize the City Managerto execute the agreement EXECUTIVE SUMMARY On July 10, 2024, the City Council approved CSA-04 for the Swing & Bench Park Shoreline Restoration and Stabilization. The initial CSA did not include permitting as all of the work is above mean high water. The St. Johns Water Management District is now requiring permitting. Addendum No. 1to CSA-04will authorize CoastalWide LLC and its authorized subconsultant, Coastal Waterways Design & Engineering LLC, to submit for necessary regulatory permit approvals and exemptions. This project is in alignment with the adopted 2023 CRA master plan as waterfront, parks and public spaces are identified as a major theme of the recommended strategies for the redevelopment plan implementation. RECOMMENDATION On behalf of the Parks and Recreation Department, the Procurement Division recommends that the CRA Board approve Addendum No. 1 to CSA-04 for CoastalWide, LLC to provide Swing & Bench Park State and Federal Permitting not to exceed $5,820.00, and forward to the City Council for approval. ATTACHMENTS: 1. Addendum No. 1 - CSA-04 (RFQ #23-o6) 2. CSA-04 (RFQ #23-o6) ANVI_D71►C1114161113" Expenditure required Amount Budgeted: Funding source $5,820.00 $5,820.00 Community Redevelopment Agency Fund Additional Funds Needed: $ o.00 20 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 20' Street Vero Beach, Florida 32960 Work Authorization No: ADDENDUM No. 1 of CSA — 04 (RFQ #23-06) Proiect Title: Swing & Bench State and Federal Permitting IT IS AGREED to undertake the following work in accordance with the provisions of the CoastalWide LLC, Master Agreement entitled "Non -Exclusive Agreement for RFQ 23-06, Continuing Professional Planning and Landscape Architect Consulting Services" Dated July 13, 2023. Description of Assignment: Under this Addendum No. 1, CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC shall submit for necessary regulatory permit approvals and exemptions. The work/project will include: Task 2b: Permit Pre -Application Meeting — Already completed through the previous authorized permit exemption Task 2b Task 8: SJRWMD Permit Modification Application — The Vendor shall prepare and submit a request to SJRWMD for modification to the existing Individual ERP (Environmental Resource Permit) as stipulated by SJRWMD staff in our permit exemption/pre- application meeting. The City of Sebastian shall provide all application fees associated with the Permit Application. The Vendor shall provide the required data as requested by the SJRWMD permit application to facilitate the issuance of the SJRWMD permit. The Vendor shall prepare an Application for Modification of the existing Environmental Resource Permit with accompanying required supporting documentation. The City of Sebastian shall provide all application fees associated with the DEP Permit Application. Task 9: USACE No Permit Required Letter Request — The Vendor shall prepare a letter requesting a No Permit Required Determination to submit to U.S. Army Corps of Engineers (USACE). This no permit required exemption would sufficiently address the City development review checklist for identifying/obtaining all applicable state and federal permits. This is deemed necessary in consideration of the state regulatory permit being sought in this addendum. The City of Sebastian shall provide all application fees associated with the USACE Permit Application. Task 10: SJRWMD Permit Processing — The Vendor shall process the SJRWMD application by responding to a request for additional information from SJRWMD if necessary. The Vendor shall contact SJRWMD to address staff questions and concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of SJRWMD rules and regulations, and (b) responses to SJRWMD requests for additional information. The Vendor shall provide written responses to SJRWMD to address staff requests for additional information. The Vendor shall represent the project before SJRWMD staff toward securing approval of permits for the project. The Vendor shall assist the SJRWMD staff with coordination with state commenting agencies; this will include, but is not limited to telephone discussions, meetings and/or submittal of additional required information requested by the Florida Fish and Wildlife Conservation Commission (FFWCC). 1. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours Task 2b: SJRWMD Permit Pre -Application Meeting Not Required/Completed Task 8: SJRWMD Permit Modification Application Lump Sum - not applicable Task 9: USACE No Permit Required Letter Request Lump Sum - not applicable Task 10: SJRWMD Permit Processing 18 hours 2. Pricing Description Quantity Contracted Unit Price TOTALS Task 2b: SJRWMD Permit Pre -Application Meeting 0 N/A No Charge Task 8: SJRWMD Permit Modification Application 1 Lump Sum $2,560.00 Task 9: USACE No Permit Required Letter Request 1 Lump Sum $1,100.00 Task 10: SJRWMD Permit Processing 1 Hourly, Not -to -Exceed $2,160.00 21 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) 3. Deliverables Provided to the City (surveys, plans, etc.) Description Quantity a. Meeting agendas and minutes Electronic format (pdf) b. Permit sketches and drawings Electronic format (pdf) c. Permit Applications submitted to permit agencies w/attachments (for City signature) Electronic format (pdf) d. Final permits as issued by regulatory agencies Electronic format (pdf) Basic of Compensation/Period of Services: The above referenced description for ADDENDUM No. 1 of CSA — 04 (RFQ #23-06) will be performed for a fee in the amount of $5,820.00. Period of Services: Description Task 2b: SJRWMD Permit Pre -Application Meeting Task 8: SJRWMD Permit Modification Application Task 9: USACE No Permit Required Letter Request Task 10: SJRWMD Permit Processing AGREED: VENDOR: rQZ$�Date: 5/2/2025 Denise M. Boehning / CoastalWide LLC Attest: Jeanette Williams, MMC, City Clerk Task Completion Time Not Necessary/Completed 2 weeks after authorization 2 weeks after authorization 2 to 4 months WMD dependent CITY OF SEBASTIAN: Date: Brian Benton City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 22 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 20"' Street Vero Beach, Florida 32960 Work Authorization No: CSA — 04 (RFQ #23-06) Proiect Title: Swing Bench Park Shoreline Restoration and Stabilization IT IS AGREED to undertake the following work in accordance with the provisions of the CoastalWide LLC, Master Agreement entitled "Non -Exclusive Agreement for RFQ 23-06, Continuing Planning and Landscape Architect Consulting Services Dated July 13, 2023. Description of Assignment: CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, shall provide permit, design, and engineering services for the Swing Bench Park Shoreline Restoration and Stabilization project to stabilize the shoreline to maintain the park upland area and assorted upland improvements as further described below. The work/project will include: Task 1: Upland and Mean High Water (MWW) Line survey — The Vendor shall conduct, through our subconsultant, a topographic and mean high water line survey. Subconsultant will provide the survey equipment and qualified staff to perform the field survey and processing required for this project. Final data will be transferred to AutoCAD format for final production. The final delivery shall include a final map with Aerial Geo Tiff image in AutoCAD. The survey shall be signed and sealed by a Professional Surveyor and Mapper licensed in the State of Florida. Task 2a: Conceptual Design — The conceptual design shall be prepared by the Vendor and shall include conceptual upland shoreline restoration including grading and stabilization (i.e., rock revetment or other protective measures and stormwater) design concepts. The Vendor shall present the design concept to City staff. Each phase of design will include an updated Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 2b: Request for Letter of Permit Exemption — Based on the conceptual design, the Vendor and shall submit a request for state environmental regulatory exemption from permitting. Task 3: City of Sebastian Development Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the City of Sebastian Community Development Staff to discuss the conceptual for Swing Bench Park Shoreline Restoration and Stabilization and identify any preliminary comments expected from City Community Development staff and other applicable City department staff. The Vendor shall present conceptual design drawings of both upland and underwater improvements prepared under a separate task as described above, to use during the discussions of the project with City staff. The Vendor shall prepare minutes of the pre -application conference with City staff. All Vendor expenses to prepare and conduct this meeting including for travel shall be included in the fee for this task. Task 4: Preliminary Design Services — The Vendor shall design the proposed improvements and provide signed and sealed engineered drawings suitable for the Contractor to obtain building permits as required by the City of Sebastian. Preliminary design drawings and engineering calculations will be completed in a 24" x 36" format. The engineered design will include shoreline restoration limits and stabilization design. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 5: City of Sebastian Development Permit — The Vendor shall submit a Code Compliance Certification Application to the City of Sebastian (COS) including design sketches signed and sealed for this application. The Vendor shall complete the necessary City of Sebastian Approval Application with required attachments and submit it to the City for permit approval in accordance with applicable municipal Code Sections. The Vendor shall complete the necessary municipal Approval Application Forms including providing the required number of plans, a project description, one (1) aerial of site with project overlaid showing surrounding 100 feet, one (1) Copy of the Owner's Deed, and Letter of Authorization from Property Owner, as necessary. The Vendor shall provide evidence of compliance with City of Sebastian applicable regulations and apply for necessary municipal regulatory permits. The Vendor is not responsible for construction related permits, including building permits. The City of Sebastian shall provide all application fees associated with the City related Development Permit Application and associated permits, if necessary. Task 6: City of Sebastian Development Permit Processing — The Vendor shall process the City of Sebastian (COS) application by responding to a request for additional information from COS if necessary. 23 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 7: Final Design Services —The Vendor shall prepare final design drawings that will be prepared upon any special regulatory permit conditions accepted by the OWNER. The design drawings will include technical specifications. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. 1. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours Task 1: Survey Lump Sum - not applicable Task 2a: Conceptual Design Lump Sum - not applicable Task 2b: Permit Exemption Request Lump Sum - not applicable Task 3: City of Sebastian Development Permit Pre-App. Lump Sum - not applicable Task 4: Preliminary Design Services Lump Sum - not applicable Task 5: City of Sebastian Development Permit Lump Sum - not applicable Task 6: City of Sebastian Development Permit Processing 8 hours Task 7: Final Design Services Lump Sum - not applicable 2. Pricing Description Quantity Contracted Unit TOTALS Price Task 1: Survey 1 Lump Sum $5,000.00 Task 2a: Conceptual Design 1 Lump Sum $3,600.00 Task 2b: Permit Exemption Request 1 Lump Sum $2,850.00 Task 3: City of Sebastian Development Permit Pre-App. 1 Lump Sum $1,500.00 Task 4: Preliminary Design Services 1 Lump Sum $7,300.00 Task 5: City of Sebastian Development Permit 1 Lump Sum $1,550.00 Task 6: City of Sebastian Development Permit Processing 1 Hourly, Not -to -Exceed $1,300.00 Task 7: Final Design Services 1 Lump Sum $1,200.00 3. Deliverables Provided to the City (surveys, plans, etc.) Description Quantity a. Meeting agendas and minutes Electronic format (pdf) b. Conceptual and Preliminary Design and permit sketches and drawings Electronic format (pdo c. Permit Applications submitted to permit agencies w/attachments (for City signature) Electronic format pdf) d. Engineer's estimated approximate probable construction cost each phase Electronic format (pdf) e. Signed and Sealed Final Construction Design Drawing with Technical Specifications Electronic format (pdf) f. Final permits as issued by regulatory agencies Electronic format (pdf) Basic of Compensation/Period of Services: The above referenced description for CSA — 04 (RFO #23-06) will be performed for a fee in the amount of $24,300.00. Period of Services: Refer to "Attachment A - Vendor Schedule." AGREED: VENDOR: Date: 06/18/24 Denise M. Boehning / President CoastalWide LLC Attest: eLL&( JI-at-0 �_ nette Williams, MMC, City Clerk CITY OF SERA IAN: ria &n City Manager Date: % !l L"3� Approved as to Form and Content for Reliance by the City of Sebastian only: �erCooft, City Attorney 24 1 � let SEBASTIAN (1 MtIMMI�I f111�t1IlOM 1�11 IOiI CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approve CSA #4 for CoastalWide, LLC for Swing Bench Park Shoreline Restoration and Stabilization. Recommendation: Staff recommends Council approve Consultant Service Agreement #4 for CoastalWide, LLC for Swing Bench Park Shoreline Restoration and Stabilization and authorization for the City Manager to execute the agreement. Background: The City intends to create a passive park along Indian River Drive south of Hardee (Main Street) boat ramp. The park is referred to as Swing and Bench Park. The shoreline must be restored and stabilized to prevent further erosion prior to development of the park. CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, submitted CSA #4 to provide permitting, design, and engineering services to stabilize the shoreline to maintain the park upland area and assorted upland improvements. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $24,300 Total Cost: $24,300 Funds to Be Utilized for Appropriation: Community Redevelopment Agency Attachments: 1. CoastalWide LLC CSA 04 (RFQ 23-06) Shoreline Administrative Services Department Review: City Attorney Review• �" Procurement Division Review, if applicable: City Ma�n7ager Authorization: , Date: !/3 %Ad a `I 26 CITY OF SEBASTIAN OF S E A O Z Zt Q O �PELIC P� CITY COUNCIL STAFF REPORT DATE 5-28-25 THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of resolution for Florida Boater Improvement Program grant for the dredging of the Main SUBJECT Street Boat Ramp area. EXECUTIVE SUMMARY The Florida Boater Improvement Program has requested that we submit a second resolution that is more in line with their template for resolutions. The initial resolution was approved at the March 26,2025 City Council meeting. The original resolution is attached for reference. In accordance with the City's strategic goals of quality of life, preserving our hometown feel and coastal charm and improving organizational efficiency, staff is requesting the consideration of adopting the attached resolution with Florida Boater Improvement Program for the dredging of Main Street boat ramp. The design and permitting is underway now, funded partly by a FIND grant from 2024. This grant would fund up to $160,000.00 of the construction cost. The city or other grants would fund the remaining cost. The major improvement would be the dredging of the boat ramp area to allow safer ingress and egress when launching and retrieving vessels. The design and permitting will be completed by mid -September 2025. Staff has also applied to Land and Water Conservation Fund and Florida Inland Navigation District for matching funds. RECOMMENDATION 1. Consider adoption of a resolution with Florida Boater Improvement Program for a grant for the dredging of the Main Street Boat Ramp area. 2. Authorize staff to apply for Florida Boater Improvement Program grant for the dredging of Main Street Boat Ramp area in the amount of $200,000.00. ATTACHMENTS: 1. Resolution R-25-17 2. Resolution R-25-10 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $ 200,000.00 $40,000.00 FIND, CRA, LWCF, FBIP Additional Funds Needed: $ 0.00 27 Resolution No.R-25-17 Whereas; the Sate of Florida has established the Florida Boating Improvement Program to provide grants to local governments for boating access, and WHEREAS; the City of Sebastian is eligible to receive a grant award under this program, and WHEREAS; the City of Sebastian wishes to improve boating access at the Main Street Boat Ramp. NOW THEREFORE, be it resolved by the City Council of the City of Sebastian, Florida that: 1. The City Council authorizes the City Manager to apply for a Floarida Boating Improvement Program grant in the amount of $200,000.00 to be used for improvements to boating access at Mainstreet Boat Ramp. 2. The City Council of the City of Sebastian approves$40,000.00 in funding to be used as matching funds for the grant. 3. The City Council of the City of Sebastian authorizes the Parks and Recreation Director for the City of Sebastian to serve as the project manager on behalf of the city of Sebastian should the grant be awarded. Effective Date. This Resolution shall become effective immediately upon enactment on May 14, 2025 by the City Council of the City of Sebastian. The foregoing Resolution was moved for adoption by Council Member Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Kelly Dixon Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of May, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only By Jennifer Cockcroft, City Attorney 28 RESOLUTION NO. R-25-10 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR AUTHORIZATION FOR THE CITY TO MAKE AND PERFECT A GRANT APPLICATION FOR ASSISTANCE UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Be it adopted and resolved by the City Council of the City of Sebastian, Florida as follows: Section 1. Legislative Findings and Intent (a). The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising this Resolution. (b). The City of Sebastian, Florida, is interested in applying for Project and grant approval, receiving and accepting grant funds, and carrying out a Project for the enjoyment of the citizens of the City of Sebastian and the State of Florida, which Project will have a multiplicity of benefits to the City and the State, which Project is commonly known as and referred to as the "Main Street Boat Ramp Project." (c). Financial assistance from the Florida Boating Improvement Program (FBIP) is essential to the implementation of the development of the Main Street Boat Ramp Project. (d). The City of Sebastian has developed and maintained a very good relationship with the State of Florida and its agencies over the years, and the City and State have worked well together in grant and funding relationships for the benefit of the State of Florida and its public welfare. Section 2. Approval Of FBIP Grant (a). The City Council of the City of Sebastian hereby approves a FBIP grant application for the Main Street Boat Ramp Project. (b). The City Manager is authorized to make application and re -application, as needed, to the State of Florida under the FBIP grant program in the amount of $200,000 on behalf of the City in order to obtain partial funding from the State of Florida for the Project. (c). The City Manager is authorized to encumber matching funds in the amount of $40,000 on behalf of the City in order to obtain funding, as referenced herein, from the State of Florida for the Main Street Boat Ramp Project. 29 Section 3. Covenants of the City of Sebastian (a). The City of Sebastian certifies to the State of Florida and agrees that: (1). The City will accept the terms and conditions set forth in the FBIP grant Agreement. (2). The City has the ability and intention to finance the cost of the Main Street Boat Ramp Project, and the Project will be operated and maintained at the expense of the City for public use. (3). The City will not discriminate against any person on the basis of race, color, religion, disability, or national origin in the use of any property or facility acquired or developed pursuant to the FBIP grant for the Project and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, Public Law 88-352 (1964) and all other controlling law. The City shall design and construct all facilities relating to the Main Street Boat Ramp Project in order to fully comply with all laws, statutes, rules, regulations, codes, and ordinances relating to accessibility by disabled persons, including, but not limited to, the Americans with Disabilities Act. The City of Sebastian shall also comply with all other applicable federal, state, and local laws, codes, ordinances, rules, regulations, and requirements. (4). The City will maintain adequate financial records on the Main Street Boat Ramp Project to substantiate claims for reimbursement and in order to appropriately accomplish any and all pre -audits and post -audits of the expenditure of public funds as well as a performance review of the Project and the achievement of the goals and objectives of the FBIP grant program. Section 4. Implementing Administrative Actions (a). The Mayor of the City of Sebastian is hereby authorized to execute the grant agreements relating to the FBIP grant program. (b). The City Manager or designee is hereby authorized and directed to implement the provisions of this Resolution by means of such administrative actions as may be deemed appropriate. (c). The City Manager is hereby authorized to expend such City funds as may be necessary to accept and implement the grant under the FBIP grant program for the Main Street Boat Ramp Project. Section 5. Savings The prior actions of the City of Sebastian relating to the development of boating facilities and related activities are hereby ratified and affirmed. 30 Section 6. Conflicts All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. Section 7. Severability If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force, or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 8. Effective Date This Resolution shall become effective immediately upon enactment. The foregoing Resolution was moved for adoption by Council Member Dixon Motion was seconded by Council Member .Tones and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan ave Vice -Mayor Fred Jones aye Council Member Ed Dodd aye Council Member Kelly Dixon aye Council Member Christopher Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF S - BASTIAN, FL 1DA By ____ _ - Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: i J6nnrr Cockcroft, City Attorney 31 32 CITY OF SEBASTIAN OF 5 E B,qS �I �2 0 Z v"'� pFI,ICp`\*4 CITY COUNCIL STAFF REPORT DATE May 28, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement Manager Consideration of Addendum No. i to CSA-04 for CoastalWide, LLC to provide Swing & Bench Park State SUBJECT and Federal Permitting not to exceed $5,820.00, and authorize the City Manager to execute the agreement EXECUTIVE SUMMARY On July 10, 2024, the City Council approved CSA-04 for the Swing & Bench Park Shoreline Restoration and Stabilization. The initial CSA did not include permitting as all of the work is above mean high water. The St. Johns Water Management District is now requiring permitting. Addendum No. i to CSA-04 will authorize CoastalWide LLC and its authorized subconsultant, Coastal Waterways Design & Engineering LLC, to submit for necessary regulatory permit approvals and exemptions. RECOMMENDATION On behalf of the Parks and Recreation Department, the Procurement Division recommends that the City Council approve Addendum No. 1 to CSA-04 for CoastalWide, LLC to provide Swing & Bench Park State and Federal Permitting not to exceed $5,820.00, and authorize the City Manager to execute the agreement ATTACHMENTS: z. Addendum No. i - CSA-04 (RFQ #23-o6) 2. CSA-04 (RFQ #23-o6) FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $5,820.00 $5,820.00 Community Redevelopment Agency Fund Additional Funds Needed: $ o.00 33 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 20' Street Vero Beach, Florida 32960 Work Authorization No: ADDENDUM No. 1 of CSA — 04 (RFQ #23-06) Proiect Title: Swing & Bench State and Federal Permitting IT IS AGREED to undertake the following work in accordance with the provisions of the CoastalWide LLC, Master Agreement entitled "Non -Exclusive Agreement for RFQ 23-06, Continuing Professional Planning and Landscape Architect Consulting Services" Dated July 13, 2023. Description of Assignment: Under this Addendum No. 1, CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC shall submit for necessary regulatory permit approvals and exemptions. The work/project will include: Task 2b: Permit Pre -Application Meeting — Already completed through the previous authorized permit exemption Task 2b Task 8: SJRWMD Permit Modification Application — The Vendor shall prepare and submit a request to SJRWMD for modification to the existing Individual ERP (Environmental Resource Permit) as stipulated by SJRWMD staff in our permit exemption/pre- application meeting. The City of Sebastian shall provide all application fees associated with the Permit Application. The Vendor shall provide the required data as requested by the SJRWMD permit application to facilitate the issuance of the SJRWMD permit. The Vendor shall prepare an Application for Modification of the existing Environmental Resource Permit with accompanying required supporting documentation. The City of Sebastian shall provide all application fees associated with the DEP Permit Application. Task 9: USACE No Permit Required Letter Request — The Vendor shall prepare a letter requesting a No Permit Required Determination to submit to U.S. Army Corps of Engineers (USACE). This no permit required exemption would sufficiently address the City development review checklist for identifying/obtaining all applicable state and federal permits. This is deemed necessary in consideration of the state regulatory permit being sought in this addendum. The City of Sebastian shall provide all application fees associated with the USACE Permit Application. Task 10: SJRWMD Permit Processing — The Vendor shall process the SJRWMD application by responding to a request for additional information from SJRWMD if necessary. The Vendor shall contact SJRWMD to address staff questions and concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of SJRWMD rules and regulations, and (b) responses to SJRWMD requests for additional information. The Vendor shall provide written responses to SJRWMD to address staff requests for additional information. The Vendor shall represent the project before SJRWMD staff toward securing approval of permits for the project. The Vendor shall assist the SJRWMD staff with coordination with state commenting agencies; this will include, but is not limited to telephone discussions, meetings and/or submittal of additional required information requested by the Florida Fish and Wildlife Conservation Commission (FFWCC). 1. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours Task 2b: SJRWMD Permit Pre -Application Meeting Not Required/Completed Task 8: SJRWMD Permit Modification Application Lump Sum - not applicable Task 9: USACE No Permit Required Letter Request Lump Sum - not applicable Task 10: SJRWMD Permit Processing 18 hours 2. Pricing Description Quantity Contracted Unit Price TOTALS Task 2b: SJRWMD Permit Pre -Application Meeting 0 N/A No Charge Task 8: SJRWMD Permit Modification Application 1 Lump Sum $2,560.00 Task 9: USACE No Permit Required Letter Request 1 Lump Sum $1,100.00 Task 10: SJRWMD Permit Processing 1 Hourly, Not -to -Exceed $2,160.00 34 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) 3. Deliverables Provided to the City (surveys, plans, etc.) Description Quantity a. Meeting agendas and minutes Electronic format (pdf) b. Permit sketches and drawings Electronic format (pdf) c. Permit Applications submitted to permit agencies w/attachments (for City signature) Electronic format (pdf) d. Final permits as issued by regulatory agencies Electronic format (pdf) Basic of Compensation/Period of Services: The above referenced description for ADDENDUM No. 1 of CSA — 04 (RFQ #23-06) will be performed for a fee in the amount of $5,820.00. Period of Services: Description Task 2b: SJRWMD Permit Pre -Application Meeting Task 8: SJRWMD Permit Modification Application Task 9: USACE No Permit Required Letter Request Task 10: SJRWMD Permit Processing AGREED: VENDOR: rQZ$�Date: 5/2/2025 Denise M. Boehning / CoastalWide LLC Attest: Jeanette Williams, MMC, City Clerk Task Completion Time Not Necessary/Completed 2 weeks after authorization 2 weeks after authorization 2 to 4 months WMD dependent CITY OF SEBASTIAN: Date: Brian Benton City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 35 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 20"' Street Vero Beach, Florida 32960 Work Authorization No: CSA — 04 (RFQ #23-06) Proiect Title: Swing Bench Park Shoreline Restoration and Stabilization IT IS AGREED to undertake the following work in accordance with the provisions of the CoastalWide LLC, Master Agreement entitled "Non -Exclusive Agreement for RFQ 23-06, Continuing Planning and Landscape Architect Consulting Services Dated July 13, 2023. Description of Assignment: CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, shall provide permit, design, and engineering services for the Swing Bench Park Shoreline Restoration and Stabilization project to stabilize the shoreline to maintain the park upland area and assorted upland improvements as further described below. The work/project will include: Task 1: Upland and Mean High Water (MWW) Line survey — The Vendor shall conduct, through our subconsultant, a topographic and mean high water line survey. Subconsultant will provide the survey equipment and qualified staff to perform the field survey and processing required for this project. Final data will be transferred to AutoCAD format for final production. The final delivery shall include a final map with Aerial Geo Tiff image in AutoCAD. The survey shall be signed and sealed by a Professional Surveyor and Mapper licensed in the State of Florida. Task 2a: Conceptual Design — The conceptual design shall be prepared by the Vendor and shall include conceptual upland shoreline restoration including grading and stabilization (i.e., rock revetment or other protective measures and stormwater) design concepts. The Vendor shall present the design concept to City staff. Each phase of design will include an updated Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 2b: Request for Letter of Permit Exemption — Based on the conceptual design, the Vendor and shall submit a request for state environmental regulatory exemption from permitting. Task 3: City of Sebastian Development Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the City of Sebastian Community Development Staff to discuss the conceptual for Swing Bench Park Shoreline Restoration and Stabilization and identify any preliminary comments expected from City Community Development staff and other applicable City department staff. The Vendor shall present conceptual design drawings of both upland and underwater improvements prepared under a separate task as described above, to use during the discussions of the project with City staff. The Vendor shall prepare minutes of the pre -application conference with City staff. All Vendor expenses to prepare and conduct this meeting including for travel shall be included in the fee for this task. Task 4: Preliminary Design Services — The Vendor shall design the proposed improvements and provide signed and sealed engineered drawings suitable for the Contractor to obtain building permits as required by the City of Sebastian. Preliminary design drawings and engineering calculations will be completed in a 24" x 36" format. The engineered design will include shoreline restoration limits and stabilization design. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 5: City of Sebastian Development Permit — The Vendor shall submit a Code Compliance Certification Application to the City of Sebastian (COS) including design sketches signed and sealed for this application. The Vendor shall complete the necessary City of Sebastian Approval Application with required attachments and submit it to the City for permit approval in accordance with applicable municipal Code Sections. The Vendor shall complete the necessary municipal Approval Application Forms including providing the required number of plans, a project description, one (1) aerial of site with project overlaid showing surrounding 100 feet, one (1) Copy of the Owner's Deed, and Letter of Authorization from Property Owner, as necessary. The Vendor shall provide evidence of compliance with City of Sebastian applicable regulations and apply for necessary municipal regulatory permits. The Vendor is not responsible for construction related permits, including building permits. The City of Sebastian shall provide all application fees associated with the City related Development Permit Application and associated permits, if necessary. Task 6: City of Sebastian Development Permit Processing — The Vendor shall process the City of Sebastian (COS) application by responding to a request for additional information from COS if necessary. 36 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 7: Final Design Services —The Vendor shall prepare final design drawings that will be prepared upon any special regulatory permit conditions accepted by the OWNER. The design drawings will include technical specifications. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. 1. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours Task 1: Survey Lump Sum - not applicable Task 2a: Conceptual Design Lump Sum - not applicable Task 2b: Permit Exemption Request Lump Sum - not applicable Task 3: City of Sebastian Development Permit Pre-App. Lump Sum - not applicable Task 4: Preliminary Design Services Lump Sum - not applicable Task 5: City of Sebastian Development Permit Lump Sum - not applicable Task 6: City of Sebastian Development Permit Processing 8 hours Task 7: Final Design Services Lump Sum - not applicable 2. Pricing Description Quantity Contracted Unit TOTALS Price Task 1: Survey 1 Lump Sum $5,000.00 Task 2a: Conceptual Design 1 Lump Sum $3,600.00 Task 2b: Permit Exemption Request 1 Lump Sum $2,850.00 Task 3: City of Sebastian Development Permit Pre-App. 1 Lump Sum $1,500.00 Task 4: Preliminary Design Services 1 Lump Sum $7,300.00 Task 5: City of Sebastian Development Permit 1 Lump Sum $1,550.00 Task 6: City of Sebastian Development Permit Processing 1 Hourly, Not -to -Exceed $1,300.00 Task 7: Final Design Services 1 Lump Sum $1,200.00 3. Deliverables Provided to the City (surveys, plans, etc.) Description Quantity a. Meeting agendas and minutes Electronic format (pdf) b. Conceptual and Preliminary Design and permit sketches and drawings Electronic format (pdo c. Permit Applications submitted to permit agencies w/attachments (for City signature) Electronic format pdf) d. Engineer's estimated approximate probable construction cost each phase Electronic format (pdf) e. Signed and Sealed Final Construction Design Drawing with Technical Specifications Electronic format (pdf) f. Final permits as issued by regulatory agencies Electronic format (pdf) Basic of Compensation/Period of Services: The above referenced description for CSA — 04 (RFO #23-06) will be performed for a fee in the amount of $24,300.00. Period of Services: Refer to "Attachment A - Vendor Schedule." AGREED: VENDOR: Date: 06/18/24 Denise M. Boehning / President CoastalWide LLC Attest: eLL&( JI-at-0 �_ nette Williams, MMC, City Clerk CITY OF SERA IAN: ria &n City Manager Date: % !l L"3� Approved as to Form and Content for Reliance by the City of Sebastian only: �erCooft, City Attorney 37 1 � let SEBASTIAN (1 MtIMMI�I f111�t1IlOM 1�11 IOiI CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approve CSA #4 for CoastalWide, LLC for Swing Bench Park Shoreline Restoration and Stabilization. Recommendation: Staff recommends Council approve Consultant Service Agreement #4 for CoastalWide, LLC for Swing Bench Park Shoreline Restoration and Stabilization and authorization for the City Manager to execute the agreement. Background: The City intends to create a passive park along Indian River Drive south of Hardee (Main Street) boat ramp. The park is referred to as Swing and Bench Park. The shoreline must be restored and stabilized to prevent further erosion prior to development of the park. CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, submitted CSA #4 to provide permitting, design, and engineering services to stabilize the shoreline to maintain the park upland area and assorted upland improvements. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $24,300 Total Cost: $24,300 Funds to Be Utilized for Appropriation: Community Redevelopment Agency Attachments: 1. CoastalWide LLC CSA 04 (RFQ 23-06) Shoreline Administrative Services Department Review: City Attorney Review• �" Procurement Division Review, if applicable: City Ma�n7ager Authorization: , Date: !/3 %Ad a `I 39 CITY OF SEBASTIAN A Cr OF S E B,qs, xI '92 0 Z ' PELICP' CITY COUNCIL STAFF REPORT DATE May 28, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Natural Resources Board —Two Unexpired, SUBJECT Alternate Member Vacancies EXECUTIVE SUMMARY The Natural Resources Board improves the quality of life in Sebastian by nurturing the beneficial relationship between our citizens and our environment by protecting, preserving and promoting our natural resources. There are currently two unexpired alternate member vacancies on the board. In response to the City Clerk's advertisement, Deborah Shellenberger and Frank Trinkle have expressed interest in serving. There were no other applicants. RECOMMENDATION The City Clerk requests that the appointments be made separately. For the first vacancy, expiring July 1, 2025, the City Clerk requests Council to allow the first appointment to serve the remaining two months then waive the advertising requirements to allow the applicant to serve a succeeding term that will expire July 1, 2028. The second appointment would complete the unexpired July 1, 2026 term on the board. ATTACHMENTS: 1. Applications 2. Advertisement 3. Board Member List FUNDING SOURCE: Expenditure required N/A Additional Funds Needed: $ 0.00 Amount Budgeted: Funding source N/A N/A 40 cm' of EBASTL HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: 1JP.bvro--I� 5 Yl� � I >° n.h-e.y- Cj �t e Address: 54,9 S • �AS 1. i � City: State: Zip: 3 Zap Telephone: ( (,oO of E-Mail Address: C� L J. S r1�1 �_►'�� C.Y'('il �� G (Y1(,� ► I . L O ey-� II SU �JI Employer: R-cHre0l Pint (I C,I aYl City: ;�hl`c�.. State: �/� Zip; Business Telephone: ( ) I am interested in serving on the following boards)/committee(s): ` 1" Choice:.lurai rt5W r(-,P- bCarc�'. 2nd Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years - next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD `Filing of financial disclosure is required following appointment 41 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) vinF 11_ wa.2`[cCj, G.S an 2 Z.-- Z 3 4 ca v s . rir,r{ rec_i r �e A rnA-� rcL i+n �L, caa ti aG A� .� it,.� t rS �--� . 5 T w-t%66 Ci S a.. PA 4�r 2 Z u r-ar5 - Li N . , A c-1; � -s ��'n I �q k. , ,y�, i LV'D 1 ', I 1 1J Why do you want to serve on this board? S Ce C �.LkY -A Do you presently serve on another City Board or Committee? l3 c If yes, please list: Have you previously served on any other City Board or Committee? /Jt) If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fisenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: ,i Q?'� _ ,(� V � d Date: 1�I ki A Date Received by City Clerk's Office '��..30120Z5 by: A U 42 I would like to like to work on the Natural Resource Board because I am passionate about protecting and managing our natural environment for future generations. Serving on the board would allow me to contribute to sustainable policies and practices that safeguard our ecosystems, water resources and wildlife habitats. I value collaboration and believe in bringing communities together to address challenges such as conservation, responsible land use and climate resilience. I aim to help shape decisions that balance environmental preservation with economic and social growth. This opportunity aligns with my dedication to stewardship and my desire to make a meaningful impact in our community. 43 cm• or HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordznce with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Fr —A oU I-, 5_ TF I AJ (-c LL Address: ( � l ;v Y I-�'A'vEN Z 2 City: 5iA41slrA-►J State: FL Zip: 3acic)S Telephone: ( 779 !�-0 -% V 0 0 E-Mail Address: �'I'►2IAJ I1,LMir, . CD r•1 5eZ Employer: ( ��' t`�' City: SEb,oST1 A-7V State: YL Zip: Business Telephone: (-7 7z ) "YP — -P4L I am interested in serving on the following board(s)/committee(s): 1" Choice: /UATW�A4 R�rSOUACC_ gOA4-0 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment 44 Please summarize spP(ial skills qualifications, ul education you have acquired for this appointment: IYOIjf rergyrl(F fir !t/ptIIt, I,(,I Ipfilfl(UIit)JOS O! aPSlallUrl(l115ll!(1V%F ofIatII&U ! 56 5"rWAZA,7 p F �tvt�,QEsr ia-T't�+c�f°0 , Why do you want to serve on this board? SEL rTIxt(q p > Mfi/--e-, r Do you presently serve on another City Board or Committee? /VO If yes, please list: Have you previously served on any other City Board or Committee? /V o If yes, please list: �`va RfnrrLsl 5£R,-1t- o.v ,-t'fjt I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: (� �c.�• �/ Date: Oq/6/," Date Received by City Clerk's Office y/1 2625 by: ii(%�i7V1 45 Statement of Interest: Service on the Natural Resources Board City of Sebastian, Florida April 28, 2025 As a long-time supporter of wildlife habitat protection, watershed health, and responsible land stewardship, I am deeply committed to preserving and enhancing Sebastian's natural resources. My interests and experience align closely with the mission of the Natural Resources Board. I have devoted many years to advocating for stormwater management practices that mitigate runoff impacts before reaching our rivers and lagoons, helping protect sensitive ecosystems such as the Indian River Lagoon and the iconic, yet endangered manatee population we are so fortunate to share the area with. I strongly support the use of native and beneficial plants in both public and private landscapes to promote biodiversity, reduce chemical dependency, and create resilient, sustainable green spaces. Professionally, I own and operate a Florida -licensed organic home nursery specializing in the cultivation of native, beneficial and medicinal plants, with a sharp focus on organic methods. Through this work, I also educate the interested community on organic gardening practices and promote a return to the self-sufficiency principles of the WWII -era Victory Garden movement. I believe small, localized efforts can have a significant collective impact on environmental health. As a studied conservationist and committed naturist, my passion extends beyond personal practice into public service. I am eager to contribute my knowledge, energy, and commitment to conservation to support Sebastian's ongoing efforts to protect its precious natural resources. Serving on the Natural Resources Board would allow me to give back to the community, work collaboratively with others who share a vision of sustainability, and help preserve the natural beauty of our area for future generations. When we care for the land, the land cares for us. Resppctifjjlly submitted Frank E Trinkle 141 Joy Haven Dr. Sebastian, Florida 32958 TEL: 772-480-7400 EMAIL: ftrinkle@me.com 46 On.f SEBASTL4 kN HOME OF PELICAN ISLAND March 18, 2025 Contact: City Clerk's Office 388-8215 PRESS RELEASE NATURAL RESOURCES BOARD The City of Sebastian is seeking applicants to fill the following unexpired terms on the Natural Resources Board: One Alternate Member Position — Term will Expire July 1, 2025 (this term may be extended for a full 3-year term by Council directive) One Alternate Member Position — Term will Expire July 1, 2026 This board is currently preparing for their annual Earth Day Celebration as well as the "Sustainable Sebastian" initiatives designed to reduce single -use plastics, encourage native landscaping, promote sustainable energy resources, protect the water quality, and promote natural connectivity through trails and bike paths. Applicants should be available to work on these initiatives outside of the board meetings. More information can be found at: https://www.citvofsebastian.orq/260/Natural-Resources-Board The board meets on the first Tuesday of each month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. These are volunteer positions and applicants must have been a City resident one year prior to application. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq. and will be accepted until filled. 47 NATURAL RESOURCES BOARD Daniel Bruggen Appt reg 10/16/2024 Term expires 7/1/2026 158 Delmar Street Sebastian, FL 32958 Appt alt 3/20/2024 dbruggen c-Datt.net (321)294-7879 Laura Thompson Apptd reg 2/12/2025 Term expires 7/1/2025 1136 Landsdowne Drive Sebastian, FL 32958 Thomp822e..gmail.com (843) 422-5722 Paul Dovell Apptd reg 1/8/2025 Term expires 7/1/2027 730 Kroegel Avenue Sebastian, FL 32958 Apptd 6/12/2024 pauldovelle.comcast.net (443)244-7389 Matt Krauss Apptd reg member 2/14/2024 Term expires 7/1/2025 115 Flint St. Apt B Sebastian, FL 32958 mattkraussvt(d)amail.com (802) 585 5882 Donna Ware Reapptd 7/27/2022 Term expires 7/1/2025 781 Tuxedo Terrace Apptd 4/10/2019 Sebastian, FL 32958 diwares cD..gmail.com (757) 999-0331 Thomas Carrano Reapptd 7/26/2023 Term expires 7/1/2026 1558 Esterbrook Lane Sebastian, FL 32958 Apptd reg 8/26/2020 Carrano.T1956 cDgmail.com (631) 561-5891 Appt alt 11 /20/2019 Charles Stadelman - Chair Reapptd 7/26/2023 Term expires 7/1/2026 146 Mabry Street Sebastian, FL 32958 Reapptd 8/26/2020 stadelmanna.bellsouth.net (772) 584-5522 Apptd 9/13/2017 Alternate - Vacant I Term expires 7/1/2025 Alternate — Vacant I Term expires 7/1/2026 Revised "2.13.2025 Four (4) regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 48 CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z ' PEE LICP' CITY COUNCIL STAFF REPORT DATE May z8, zoz5 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of Ordinance 0-25-o8 Amending Land Development Code Article V Zoning District Regulations to SUBJECT incorporate a new zoning district known as Mixed -Use Zoning District, second and final reading. EXECUTIVE SUMMARY In June 2021, the Sebastian City Council adopted the 2040 City of Sebastian Comprehensive Plan. Within the Land Use Element of the Comprehensive Plan, Policy 1-1.3.6 incorporated a new future land use classification of Mixed -Use. This Policy states that corresponding design and development standards be codified in the City's Land Development Code. To implement this Policy, Staff has developed a new zoning classification that aligns with the Mixed - Use future land use designation, within the parameters of Policy 1-1.3.6, which will enable development consistent with the City's long-term planning goals. The proposed zoning classification introduces a tiered approach based on land area: 1. Neighborhood Mixed -Use (5 to 5o acres): Intended primarily for infill development and smaller -scale projects that integrate residential and non-residential uses within walkable neighborhoods. 2. Community Mixed -Use (50 to too contiguous acres): Supports a broader range of uses and intensities, appropriate for larger development sites that serve a wider local area. 3. Regional Mixed -Use (over too contiguous acres): Designed for large-scale developments that function as major destinations and economic centers, supporting a mix of residential, commercial, employment, and civic uses. This proposed zoning classification first reading was presented to City Council on May 14, 2025, this is forthe second and final reading. RECOMMENDATION Staff recommends approval of Ordinance 0-25-o8 to implement a new zoning district known as Mixed -Use Zoning, second and final reading. ATTACHMENTS: 1. Ordinance 0-25-o8 2. Business Impact Estimate Analysis 49 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A Additional Funds: N/A 50 ORDINANCE NO. 0-25-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE V ZONING DISTRICTS REGULATIONS TO INCORPORATE A NEW SECTION 54-2-5.16 TO BE KNOWN AS M[l1XED-USE ZONING DISTRICT; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian previously adopted the City of Sebastian Land Development Code which contains regulations relevant to the development of land in the City Limits; and WHEREAS, the City Council of the City of Sebastian previously adopted a Comprehensive Plan which sets out the future Land Use Elements of the City; and WHEREAS, the Land Use Element of the City of Sebastian's Adopted Comprehensive Plan Highlights encouraging mixed -use development and increased densities and intensities; and WHEREAS, the City of Sebastian's Local Planning Agency reviewed the proposed amendment on April 3, 2025, and made a recommendation of approval to the Sebastian City Council; and WHEREAS, the City Council has the responsibility and authority pursuant to the City's home rule powers as a municipal corporation of the State of Florida to determine uses that are suited for particular zoning categories and land use categories within the City; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true, correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising and public notice requirements have been timely made. Section 2. Textual Amendment. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: 1 51 Sec. 54-2-5.16 Mixed -Use Zoning District The City of Sebastian recognizes the importance of compact, urban forms of development centered on a mix of uses, residential and nonresidential, with specific design and development related standards. The City's adopted comprehensive plan identifies recommended "mixed -use" neighborhoods, each with its own representative and unique standards. The provisions established within this section of the Code shall apply to all parcels designated on the zoning map as a mixed -use district. Applicability. For the purpose of this section, nonresidential standards shall also include (apply to) multifamily developments. To ensure a mix of uses are developed, no more than 50 percent of the approved residential units may be constructed until at least 50 percent of the non-residential square footage is permitted through issuance of a building permit. A. Neighborhood Mixed -Use District (N-MU) 1) Intent. The Mixed -Use District (MU) is intended to serve as the City's traditional town center that features areas of economic, entertainment and community activities that encourage pedestrian accessibility and activity. The district is intended to create a vibrant, active town center that features a mix of uses, residential and nonresidential while requiring specific design and development related standards. Table 54-2-5.16.A. N-MU District Development Standards N-MU District Development Standards Building Height Maximum 35' 10 Units/Acre) Density 12 Units/Acre Maximum (See Section 54-2-5.16.G with Incentives) Front/Street �01/61 Building Placement Side 1 5'/25' (min/max) Rear Z 25'/140' Length (min) NA Lot Width (min) NA Coverage (min/max) 50% / 75% Perimeter Buffer Buffer Width/Opacity Where Adjacent to Residential Zoning: 50' / .5 Where adjacent to all other Zoning: 25' / .25 Active Use Areas (see also Permitted, but active use area shall not be physically =rontage Open Space) adjacent to residentially zoned property. Entrances Oriented to Street(s) Parking Placement Off -Street (front and side limited; parking in rear preferred). 2 52 Shared Parking (Joint Use) Permitted; parking ratios in Sec 54-3-15.2 may be reduced by 25 percent. Permitted; may not be located along arterial or collector Accessory Parking roadways except where designed to mimic the Structure architectural designs and features of the project's buildings. Incentives Permitted Yes (See Section 54-2-5.16.G) Open Space Required (See Section 54-2-5.16.H: Open Space) See Design Standards Architectural Standards Minimum 40% transparency for ground floor; 30% transparency for upper stories of a building. Notes: 144' may be permitted to accommodate those lots without access to an alley or shared driveway in order to accommodate a driveway and one row of parking where rear serving parking or loading is provided. 2 Except where served by rear parking; may be increased to 250'. 2) Compliance with the comprehensive plan and future land use map. The established district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1-1.3.6. 3) Location and Size. The location and size vary on the use being developed. Residential uses shall have a minimum of 5 to 50 contiguous acres under a common ownership or lawfully documented control. Commercial and industrial uses shall have frontage or documented legal access on a primary arterial roadway, as designated on the City of Sebastian Major Thoroughfare Plan. At the time a commercial or industrial application is submitted and approved by the city the land included in the application shall have a minimum of 5 to 50 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). Industrial uses shall meet the perimeter transition area provisions. The City may require additional buffer width, depending on placement and adjacent land uses. 4) Permitted Uses: (a) Residential: Single -Family Dwellings Duplex Dwellings Multifamily Dwellings Foster Care/Group Homes with 6 or less residents Home occupations Townhouse Development Accessory Residential Uses (b) Commercial: Business and Professional Offices, excluding Drive -Through Facilities 3 53 Cultural or Civic Facilities Medical Services Commercial Retail 5,000 sq. ft. or less Pharmacies Medical Marijuana Dispensaries Parking Garages Churches; Administrative Services Public and Private Plant Nurseries Commercial Amusements, enclosed Restaurants, with or without drive throuRhs Trade and Skilled Services (c) Industrial. Building Materials, enclosed Commercial amusements, enclosed. Commercial wireless telecommunication facilities Contractor Trades Equipment sales enclosed. Farmer's market Fish markets and packing facilities Industrial activities Laboratories, research and development, and similar uses <_ 5,000 sq. ft. Marine Supply and Service Parking garages. Plant nurseries. Sewage Treatment Plant Trades and skilled services. Utilities, public and private. Vehicular sales enclosed. Warehousing, enclosed Welding and Machine Shops Wet/dry storage of boats 5) Conditional Uses Permitted: (a) Residential: Foster Care/ Group Homes with 6 or more Residents Child Care Services Cultural or Civic Facilities 4 54 Schools, Public or Private Golf Courses and Support Facilities Bed and Breakfast Nursing Homes Churches Utilities, Public and Private Parks and Recreation, Public Protective and Emergency Services, Public Model Homes Accessory Uses to Conditional Uses (b) Commercial. Commercial Retail over 5,000 sq. ft. Gasoline Sales, Retail Businesses and Professional Offices with drive -through facilities Qualified Affordable Housing Veterinary Services Funeral Homes Accessory Uses to Conditional Uses. (c) Industrial. Commercial amusements, unenclosed. Flea markets. Building Materials, unenclosed Equipment Sales, unenclosed B. Community (C-MU) Mixed -Use District 1) Intent. The Community Mixed -Use District (C-MU) allows for mixed -use developments featuring a mixture of residential and non-residential uses. C-MU's are intended to be larger in scale than other MU districts and focused on new development and the creation of new town centers in an integrated, master planned approach. Table 54-2-5.16.B. C-MU District Development Standards C-MU District Development Standards Building Height IMaximum 35' 10 Units/Acre (By Right) Density 12 Units/Acre Maximum (See Section 54-2-5.16.G for Incentives) Front/Street 15'/75' 5 55 Building Side 5'/50' Placement (min/max) Rear 1 25'/200' Length (min) NA Lot Width (min) NA Coverage (min/max) 40% / 75% Where Adjacent to Residential Zoning: 50' / .5 Perimeter Buffer Buffer Width/Opacity Where adjacent to all other Zoning: 25' / .25 Frontage Active Use Areas (see also Permitted, but active use area shall not be physically Open Space) adjacent to residentially zoned property. Entrances Oriented to Street(s) Placement Off -Street (front and side permitted; parking in rear preferred). Shared Parking (Joint Use) Permitted; parking ratios in Sec 54-3-15.2 may be Parking reduced by 25 percent. Permitted; may not be located along arterial or collector Accessory roadways except where designed to mimic the Parking Structure architectural designs and features of the project's buildings. Incentives Permitted Yes (See Section 54-2-5.16.G) Open Space Required (See Section 54-2-5.16.H: Open Space) See Design Standards Architectural Standards Minimum 40% transparency for ground floor; 30% transparency for upper stories of a building. Notes: 'Except where served by rear parking; may be increased to 300'. 2) Compliance with the comprehensive plan and future land use map. The established sub -district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1-1.3.6. 3) Location and Size. The location and size vary on the use being developed. Residential uses shall have a minimum of 50 to 100 contiguous acres under a common ownership or otherwise lawfully designated control. Commercial and industrial uses shall have frontage or legal access to frontage on a primary arterial roadway. At the time a commercial or industrial application is submitted and approved by the city the land included in the application shall have a minimum of 50 to 100 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). Industrial uses shall meet the perimeter transition area provisions. The City may require additional buffer width, depending on placement and adjacent land uses. 6 56 4) Permitted uses: (a) Residential: Single -Family Dwellings Duplex Dwellings Multifamily Dwellings Foster Care/Group Homes with 6 or less residents Home occupations; Townhouse Development Accessory Residential Uses. (b) Commercial: Business and Professional Offices, Cultural or Civic Facilities Medical Services Commercial Retail 5,000 sq. ft. or less Pharmacies Medical marijuana Dispensaries Parking Garages Churches Administrative Services, Public and Private Plant Nurseries Commercial Amusements, enclosed Restaurants, with or without drive throughs Trade and Skilled Services (c) Industrial: Bottling plants, dairy products plants, wholesale bakeries, fruit packing and similar uses Building Materials, unenclosed Commercial amusements, enclosed Commercial wireless telecommunication facilities Contractor Trades Farmer's market Fish markets and packing facilities Gasoline and Fuel Stations Industrial activities Laboratory, Research and development facilities, enclosed Light Manufacturing, processing and assembly Marine power sales and service Mini -storage facilities VA 57 Parking garages Parking lots without building on the lot Plant nurseries Sewage Treatment Plant Storage facilities Trade and skilled services, including marine -related Utilities, public and private. Vehicular sales and related services Vehicular services and maintenance Warehousing, enclosed Welding and Machine Shop Wet/dry storage of boats Wholesale trade and services 5) Conditional Uses Permitted: (a) Residential: Foster Care/ Group Homes with 6 or more Residents Child Care Services; Cultural or Civic Facilities Schools, Public or Private Golf Courses and Support Facilities Bed and Breakfast Nursing Homes Churches Utilities, Public and Private Parks and Recreation, Public Protective and Emergency Services, Public Model Homes Accessory Uses to Conditional Uses. (b) Commercial: Commercial Retail that is over 5,000 sq. ft Gasoline Sales, Retail Businesses and Professional Offices with drive -through facilities Qualified Affordable Housing Veterinary Services Funeral Homes Accessory Uses to Conditional Uses. 8 58 (c) Industrial: Crematory Equipment Sales, unenclosed Commercial amusements, unenclosed. Flea Market Protective and emergency services, public C. Regional Mixed -Use District 1) Intent. The Regional Mixed -Use is intended to permit intense concentrations of retail, employment, and high -density residential uses through a mixed -use development which would allow for increased densities using mixed -use zoning district incentives and regulate development per the standards defined in the table below. Table 54-2-5.16.C. R-MU District Development Standards R-MU District Development Standards Building Height Maximum 35' 8 Units/Acre (By Right) Density 12 Units/Acre Maximum (See Section 54-2-5.16.G for Incentives) Building Front/Street 15'/50' Placement Side 5' min (min/max) Rear 1 10' min Length (min) 100, Lot Width (min) 25' Coverage (max) 75% Perimeter Buffer Width/Opacity Where Adjacent to Residential Zoning: 50' / .5 Buffer Where adjacent to all other Zoning: 25' / .25 Frontage Active Use Areas (see Permitted, but active use area shall not be physically also Open Space) adjacent to residentially zoned property. Entrances Oriented to Street(s) Placement Off -Street Parking Shared Parking (Joint Permitted; parking ratios in Sec 54-3-15.2 Use) Incentives Permitted Yes (See Section 54-2-5.16.G) Open Space IRequired (See Section 54-2-5.16.H: Open Space) 0 59 2) Compliance with the comprehensive plan and future land use map. The established district must comply with the provisions of the Sebastian Comprehensive Plan Policy 1-1.3.6. 3) Location and Size. The location and size vary on the use being developed. Residential uses shall have a minimum of 100 contiguous acres under a common ownership or control. Commercial and industrial uses shall have frontage on a primary arterial roadway currently or as may be required. At the time a commercial or industrial application is submitted and approved by the city the land included in the application shall have a minimum of 100 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). Industrial uses shall meet the perimeter transition area provisions. The city may require additional buffer width, depending on placement and adjacent land uses. 4) Uses Permitted: (a) Residential: Single -Family Dwellings Duplex Dwellings Multifamily Dwellings Foster Care/Group Homes with 6 or less residents Home occupations Townhouse Development Accessory Residential Uses (b) Commercial: Business and Professional Offices with drive -through facilities Cultural or Civic Facilities Churches; places of worship Medical Services Commercial Retail 5,000 sq. ft. or more Pharmacies Medical marijuana Dispensaries Parking Garages Administrative Services, Public and Private Plant Nurseries Commercial Amusements, enclosed Restaurants, with or without drive -through facilities Trade and Skilled Services (c) Industrial: Utilities, public and private Gasoline and Fuel Stations 10 60 Crematory Commercial amusements, enclosed & unenclosed Storage facilities Plant nurseries Trade and skilled services, including marine -related Wholesale trade and services Farmer's market Fish markets and packing facilities Industrial activities Parking garages Parking lots without building on the lot Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Mini -storage facilities Protective and emergency services, public Bottling plants, dairy products plants, wholesale bakeries, fruit packing and similar uses Building Materials, unenclosed Commercial wireless telecommunication facilities Contractor Trades Laboratory, Research and development facilities, enclosed Light Manufacturing, processing and assembly Sewage Treatment Plant Welding and Machine Shop Recycling and Materials recovery facilities 5) Conditional Uses Permitted: (a) Residential: Cultural or Civic Facilities; Schools, Public or Private Golf Courses and Support Facilities Bed and Breakfast Churches Utilities, Public and Private Parks and Recreation, Public Protective and Emergency Services, Public Model Homes Accessory Uses to Conditional Uses 11 61 (b) Commercial: Gasoline Sales, Retail Nursing Homes Veterinary Services Funeral Homes Accessory Uses to Conditional Uses Vehicular sales and related services Flea Market Equipment Sales, unenclosed Warehousing, enclosed (c) Industrial: Crematory Equipment Sales, unenclosed Commercial amusements, unenclosed Protective and emergency services, public Flea Market D. Requirements 1) A Master Development Plan ("MDP") shall be provided that identifies the boundaries of the development. The MDP depicts the locations of the "Blocks" of development including the primary development focus for each Block, proposed density(s) and intensity(s) for each use, internal roadways, external roadway connections and types, and generalized building types as identified in Table 54-2-5.16.D below. Additional information and or plans as may be required by the City include but not limited to Vehicular Circulation Plan (A), Pedestrian Connectivity Plan (B), Bicycle Connectivity Plan (C) and Multimodal Plan (D) Table 54-2-5.16.1) Block I — Commercial I Office Commercial—190,000 s.f. Office — 50,000 s.f. Block II — Commercial I Office Commercial — 215,000 s.f. Office — 50,000 s.f. Block III — Commercial / Office Commercial — 365,000 s.f. Office — 500,000 s.f. Block IV — Commercial / Residential I Office Commercial—115,000 s.f. Residential — 400 Units Office — 500,000 s.f Block V — Commercial 12 62 Commercial—106,000 s.f. Block VI — Commercial Commercial — 70,000 s.f. Block VII — Commercial I Residential I Office Commercial—145,000 s.f. Residential —1,250 units Office — 1,000,000 s.f. Block VIII — Commercial I Residential I Office Commercial — 57,000 s.f. Residential —1,000 units Office — 600,000 s.f. Block IX — Commercial I Residential I Hotel I Office Commercial—128,000 s.f. Residential — 500 units Hotel — 400 Rooms Office — 600,000 s.f. Block X - Block for Non -Building Uses (see below for development standards) E. Additional Compatibility Mitigation; Mixed -Use districts 1) Special Considerations. This section provides a necessary tool and process to guide decision makers in review of compatibility for unique circumstances and development types and where there are requests to exceed or modify development standards. In these instances, the application of additional mitigation deemed necessary to ensure compatibility of the proposed development with surrounding properties may be required. Additional mitigation standards include, but are not limited to: Lowering density and intensity; Increasing building setbacks; Adjusting building stepbacks (see Section 54-2-5.16.F below); Requiring tiered buildings; Adjusting onsite improvements to mitigate lighting, noise, mechanical equipment, refuse and delivery and storage areas; Adjusting road and driveway locations; and Increasing buffer types and/or elements of the buffer type. F. Building Setback/Stepback 1) Where adjacent to a residentially zoned area and or buildings are taller than the by -right height a Setback and or Stepback shall be required. Applicants may request the use of either an additional setback or stepback, or both; however, approval shall be provided by the City Council as part of the zoning request. A building stepback is an architectural design element applied to the upper- story of a development and is required when a mixed -use district abuts a residential zoning district. 13 63 G. Mixed -Use Zoning District Incentive 1) Generally. To promote development and redevelopment of mixed -use zoning districts, incentives may be applied to buildings and developments which qualify based upon the criteria of this Section. To encourage certain public benefits and create a more dynamic public realm, density bonuses may be permitted for the items defined below. Providing 3 of 4 of the incentive categories listed in this Section shall permit development at fifty percent (50%) of the maximum density bonus through incentives. Providing 4 of 6 of the incentive categories listed in this Section shall permit development at one hundred percent (100%) of the maximum density bonus through incentives. Incentives defined: (a) Adaptive Reuse of existing building(s) (b) 15 percent affordable housing (at or below 100 percent Area Median Income — AMI) (c) 25 percent of parking designated for as publicly accessible (d) Increase of active use area/publicly accessible open space in the form of a public plaza or similar medium open space size type (e) Streetscape enhancements along the length of the primary street including: 1. Street trees based on 40 feet O.C. 2. Increased width/landscape verge to a minimum 8 feet 3. Shade structures 4. Street furnishings including but not limited to benches, decorative lighting or similar (f) Providing three (3) or more uses (i.e., commercial, office, residential, industrial, etc). with no single use occupying less than 20% of the gross area of the project. 2) Priority Land Use Incentives. Priority land uses are recognized from the City's Comprehensive Plan and designated Mixed -Use land use designations and represent a community vision for a desired land use within a mixed -use zoning district. A mixed -use zoning district may recognize priority land uses and offer density incentives to implement priority land uses within a vertical or horizontal mixture of uses in a building or development. To qualify for this incentive, each building or development must include at least 2 priority land uses, each of which shall be at least 25 percent of the total. H. Mixed -Use Zoning Open Space 1) Mixed -Use Zoning Districts. All new development subject to this Section within mixed -use districts as defined in Section 5: Mixed -Use Zoning Districts, shall require a minimum of fifteen percent (15%) open space of the total development size. The required fifteen percent (15%) open space shall also comply with the following additional standards: (a) Less Than 25 Acres. For mixed -use developments less than twenty-five (25) acres, required open space shall include at least two (2) small open space types, as defined in Section 54-2- 5.16.H.A. 15 65 3. Frontage. All open space shall have at least fifty (50) feet of frontage on at least one (1) public street within the development in which the open space resides. 4. Consolidation. Required open space requirements shall not be consolidated to meet the standards of this Section. It is the intent of this Section to require multiple open space types of varying sizes in each development per Section 54-2-5.16.H.1: Open Space Percentage Requirements. 5. Active and Passive Features. A minimum of twenty-five percent (25%) of all required open space shall be dedicated and designed to allow for active recreation features. Active recreation and passive features are identified in Table 54-2-5.16.H.2 below. Table 54-2- 5.16.1-1.2 includes, but is not be limited to, those features identified. The City may administratively approve similar features which keep with the intent of the listed active or passive recreation features. a. Active recreation is defined as recreational features, often requiring equipment and taking place at prescribed places, sites or fields, which allow for the active recreational needs of residents or users of the development which they serve. b. Passive recreation is defined as recreational features that do not require prepared facilities like sports fields or pavilions and require minimal disruption to a site. These include such activities as walking paths and other features defined in Table 54-2- 5.16.11.2. Table 54-2-5.16.H.2 Active and Passive Features Active Features I Passive Features Lawn Games and Concrete Gaming Tables Hard Courts (Pickleball, Tennis, Etc.) Playgrounds Swimming Pools and Splash Pads Athletic Fields (Soccer, Baseball, Etc.) Clubhouse, Pavilions, Amenity Centers Exercise Facilities Plazas I. Non -Residential Building Design Standards Walking Trails Boardwalks Gardens Greens Picnic Areas Lakes and Ponds Benches and Seating Areas Lawns and Natural Areas Greenways 1) Intent and Applicability. Non-residential design standards are additional standards intended to supplement the required zoning district development standards and specific use standards. 2) Generally. Buildings are an integral component of the development for non-residential developments. Buildings set mass, scale, and help define patterns of development. Building designs within the City should complement one another through color, design and building materials. Buildings are not required to use the same components, but shall provide features that reflect their surroundings. 3) Standards. Building design standards for non-residential buildings shall: 19 69 (a) Promote and enhance pedestrian scale (b) Feature appropriate levels of building articulation, transparency, and design elements (c) Limit undesirable design elements and promote desirable design elements (d) Screen loading and delivery areas and mechanical use areas, including thoseon roofs (e) Position primary entrance of a building toward a street or civic space area 4) Prohibited Design Elements. The following design elements, which do not promote high quality development or redevelopment, are prohibited: (a) Large, monotonous, unarticulated blank wall surfaces (b) Exposed and untreated block walls (c) Chain link fences and barbed wires (d) Mirror window glazing (e) False fronts (f) Loading bays or loading doors (g) Lack of architectural features (h) Lack of change in materials 5) Required Design Elements. The following design elements, which promote a high -quality development or redevelopment, are required for all buildings subject to this Section 54-2- 5.16.1: (a) Consistent architectural style, detail and trim (b) Facades which break down large elements of mass and scale where appropriate (c) Architectural details and articulation (d) Material changes reflective of function and appropriately placed (e) Canopies, porches, stoops, roof overhangs or other pedestrian friendly features (f) Shade and weather protection for ground floor entrances (g) Design elements such as cornice lines, columns, arches (h) Various fenestration and transparency elements 6) Building Form. Building form design shall take into account mass, scale, and articulation. Box- 20 70