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Home My WebLink About09-13-2023 CC AgendaLIn Ci HOME OF PELICAN ISIAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 13, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 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. A. Proclamation — Constitution Week — September 17 — 23, 2023 — Accepted by Rhonda Rigaud, Pelican Island Chapter Daughters of the American Revolution Regent; Treasure Coast Society Children of the American Revolution; and Newly Eligible Voter Abbagael Sullivan B. Proclamation — Hunger Action Month — September 2023 — Accepted by Jazzmine McKenzie, Executive Assistant, Treasure Coast Food Bank C. Proclamation -- NationaI Childhood Cancer Awareness Month — Accepted by Yesica Jure BriefAnnouncements: Monday, September 18 - Special City Council meeting for First Public Hearing on the Millage, Budget, CIP Program and Financial Policies Tuesday, September 19 — IRC MPO Bicycle & Pedestrian Master Plan Community Workshops — 10: 00am to Noon at the Gifford Youth Achievement Center & 5:30pm to 7:30pm at the Intergenerational Rec Center 1 of 272 Wednesday, September 20 — IRC MPO Bicycle & Pedestrian Master Plan Community Workshops —10: 00am to Noon at the Vero Beach Community Center & 2pm to 4pm at the North County Library 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input " provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHER WISE 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. 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 7-17 A. Approval of Minutes — August 23, 2023 Regular City Council Meeting pgs 18-24 B. Approve a Lease Agreement Between the City of Sebastian and Indian River County for Usage of Approximately 950 Square Feet of Administrative Space at the "Historical Old Sebastian Elementary School" and Authorize the Mayor to Execute the Appropriate Documents (Transmittal, Agreement) pgs 25-26 C. Letter of Support for Local Veterans in Their Efforts to Obtain Quality Health Care Services from the Veterans Affairs Services Healthcare System in Indian River County (Transmittal, Letter) pgs 27-32 D. Purchase Two (2) Ford Explorer Unmarked Police Replacement Vehicles for the Police Department (Transmittal, Quote, Letter of Cancelation) pgs 33-43 E. 2023 National Rifle Association Foundation State Fund Grant Application (Transmittal, Notice, Application) pgs 44-47 F. Approve Shenandoah General Construction, LLC for the Twin Ditches Spillway Stabilization Work (Transmittal, Quote) pgs 48-50 G. Approve Alcoholic Beverages for the Gonzalez Family Event at the Community Center on September 23, 2023 from 4:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 51-53 H. Approve Alcoholic Beverages for the Wallace Family Event at the Community Center on Saturday, December 16, 2023 from 6:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 2 of 272 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. pgs 54-60 A. Construction Board (Transmittal, Annlication, List, Advertisement) Fill One Vacant, Alternate Concerned Citizen Position 10. PUBLIC HEARINGS Procedures for lezislative public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 61-73 A. Fair Housing Training and CDBG Program Review by Dawn Codd, Guardian Resource Management, CDBG Administrative Services Consultant (Transmittal, Notice, Synopsis, PPT) pgs 74-87 B. Community Development Block Grant (CDBG) Annual Accounting Amendment for FY 2021/2022 Action Plan (Transmittal, Plan, Notice, PPT) pgs 88-106 C. Community Development Block Grant (CDBG) Annual Action Plan for FY 2023/2024 Public Hearing and Adoption of Resolution No. R-23-19 (Transmittal, R-23-19, Plan, Notice, Award Letter, PPT) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2023/2024 ANNUAL ACTION PLAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. pgs 107-115 D. Second Reading and Public Hearing of Ordinance No. 0-23-08 — Amending the Code of Ordinances Chapter 110 Waterways (Transmittal, 0-23-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO WATERWAYS; AMENDING THE CODE OF ORDINANCES CHAPTER 110 WATERWAYS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 3 of 272 pgs 116-154 E. pgs 155-246 11. First Reading and Transmittal Hearing of Ordinance No. 0-23-10 — Request for Comprehensive Plan Text Amendment — City of Sebastian Water Supply Plan (Transmittal, 0-23-10, Plan, P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE COMPREHENSIVE PLAN INFRASTRUCTURE AND GOVERNANCE & IMPLEMENTATION ELEMENTS TO INCORPORATE THE CITY OF SEBASTIAN'S WATER SUPPLY WORK PLAN (2023-2035) IN ACCORDANCE WITH STATUTORY PROVISIONS IN CHAPTER 163.3117, FLORIDA STATUTES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Ouasi-Judicial Public Hearings: Mayor opens hearing Attorney reads ordinance title City Council Members disclose ex parte communication City Clerk swears in those who intend to provide testimony Applicant makes their presentation Staff presents their findings City Council asks questions of applicant or staff Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided the opportunity to respond to issues Staff provided opportunity to summarize request City Council deliberation Mayor calls for a motion F. First Reading and Quasi -Judicial Public Hearing of Ordinance No. 0-23-11 - Request for Approval of a Conceptual PUD Plan - River Oaks Preserve Subdivision (Transmittal, 0-23-11, Staff Report, Justification Statement, Plan, Survey, Exhibits, Drainage Plan, Letter, Environmental Assessment, Traffic Statements, Designs, P&Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A CONCEPTUAL PLANNED UNIT DEVELOPMENT PLAN FOR A PROJECT KNOWN AS RIVER OAKS PRESERVE, CONSISTING OF 146.5 ACRES, MORE OF LESS, WITH A ZONING DESIGNATION OF PUD-R (PLANNED UNIT DEVELOPMENT RESIDENTIAL) AND A LAND USE DESIGNATION OF VLDR (RESIDENTIAL VERY LOW DENSITY, 3 DU/AC), LOCATED SOUTH OF LANFAIR AND LIGHTHOUSE AVENUES, AND NORTH OF CR 510 & CITRUS HIDEAWAY SUBDIVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. UNFINISHED BUSINESS pgs 247-254 A. City Manager's Employment Agreement (Transmittal, Agreement) 4 of 272 12. NEW BUSINESS pgs 255-268 A. Adoption of Resolution No. R-23-20 — Amending Resolution R-19-20 Building Permit Fee Schedule and Providing for Reduced Permit Fees for Projects Using a Private Provider (Transmittal, R-23-20, F.S.553.791(2)(b) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION NO. 19-20 BUILDING PERMIT FEES SCHEDULE, AS REQUIRED PURSUANT TO CITY OF SEBASTIAN CODE OF ORDINANCES SECTION 26-81; PROVIDING FOR REDUCED PERMIT FEES PURSUANT TO FLORIDA STATUTE SECTION 553.791(2)(b) PROVIDING FOR CONFLICTS, SEVERABILITY, SCRIVENER'S ERRORS AND AN EFFECTIVE DATE. pgs 269-270 B. Memorandum of Understanding (MOU) between the City of Sebastian and the International Union of Police Associations (IUPA), AFL-CIO, Locals 6054 and 6056 — Amending Article 20.2 Rates of Pay to be Effective October 1, 2023 (Transmittal, MOU) pgs 2 71-2 72 C. Memorandum of Understanding (MOU) between the City of Sebastian and the International Union of Police Associations (IUPA). AFL-CIO, Local 6053 — Amending Article 15.2 Rates of Pay to be Effective as of October 1, 2023 (Transmittal, MOU) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Nunn B. Council Member Dixon C. Council Member Dodd D. Council Member McPartlan E. Mayor Jones 17. ADJOURN (All meetings shall adjourn by 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY ADA COORDINATOR AT 388-8226 - ADA @CITYOFSEBASTIAN. ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. 5 of 272 ZOOM INFORMATION Please click the link to join the webinar: https://us02web.zoom.us/j/84075425366 Or One tap mobile: +13052241968„84075425366# US +19294362866, 84075425366# US Webinar ID: 840 7542 5366 International numbers available: https://us02web.zoom.us/u/k5eRhnWAE PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: Consent Agenda Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 6 of 272 CNVCIf E BAST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, AUGUST 23, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Regular City Council meeting to order at 6:00 p.m. 2. Deacon Bob Quinnell of St. Elizabeth's Episcopal Church gave the invocation. 3. Council Member Dixon led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: Interim City Manager Brian Benton City Attorney Jennifer Cockcroft Administrative Services Director/CFO Ken Killgore City Clerk Jeanette Williams Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Pro curement/Contracts Manager Don Wixon Human Resources Director Cindy Watson Airport Manager Jeff Sabo Police Chief Dan Acosta Lt. Constantine Savvidis 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS 23.137 A. City of Sebastian Police Department Civilian Emnlovee of the Year Debora McGruder 7 of 272 Regular City Council Meeting August 23, 2023 Page 2 Chief Acosta introduced Records Specialist Debora McGruder, who has been doing the work of three people due to a staffing shortage by learning the responsibilities of other jobs and working extra hours to help at the Police Department. He said she is the ultimate team player and he couldn't be more proud of her. Mayor Jones thanked for everything that she does for the City. 23.137 B. City of Sebastian Police Department Officer of the Year. Comoral Ritchie Revis Chief Acosta introduced Corporal Revis and briefly described how he was part of a multi jurisdictional team that helped to track, locate and arrest a suspect of a drive by shooting. He also played an integral part in capturing a double murder suspect before additional violence was committed in our community and helped to capture a local high level drug dealer that was importing and distributing fentanyl in our City. He also described how Corporal Revis led a team of officers that resulted in saving two female hostages. He announced that Corporal Revis is Sebastian's 2022 Officer of the Year and presented him with an award, Medal of Honor and certificate. He also announced that Corporal Revis is the Florida Police Chief's Association Officer of the Year for all medium sized agencies in the state of Florida and has received recognition by Attorney General Ashley Moody as the Overall Officer of the Year for the State of Florida. Mayor Jones thanked him and his K9 Reno for all that they do for the City of Sebastian. 23.138 C. Congratulations to Vice Mavor Christopher Nunn for Achieving the Gold Certificate of Excellence from the Florida League of Cities Universitv Mayor Jones presented the Gold Certificate to Vice Mayor Chris Nunn for his accomplishments with the Florida League of Cities. 23.139 D. Proclamation — International Overdose Awareness Day. August 31. 2023 Michele Buldo. Director. SAFIR Coalition Substance Awareness Center Mayor Jones read and presented the proclamation to Carrie Lester, Executive Director, who was in attendance with Michele Buldo and Lt. David Bailey of the Indian River Sheriff's Department who said the proclamation helps to bring awareness in preventing drug overdoses. BriefAnnouncements: Monday, September 4, 2023- Labor Day Holiday — City Hall Closed Monday, September 11, 2023 - Patriot Day Observance at Veterans Memorial at Riverview Park — 8: 30am Vice Mayor Nunn announced that City Hall would be closed for Labor Day and there would be a Patriot Day Observance on September I Vh 7. PUBLIC INPUT - None 8. CONSENT AGENDA 8 of 272 Regular City Council Meeting August 23, 2023 Page 3 A. Approval of Minutes — July 26, 2023 Budget Workshop B. Approval of Minutes — July 26, 2023 Regular Meeting C. Approval of Minutes — August 8, 2023 Regular Meeting 23.140 D. Approval to Award Invitation to Bid #23-13 for Re -Roofing of the Senior Center (Transmittal, Agreement, Bid Response, Bid Tab) 23.141 E. Snow's Space Coast Superior Events — Halloween Boo -Bash (Transmittal, Application, Insurance, Receipt) 23.141 F. Snow's Space Coast Superior Events — Kris Kringle Market (Transmittal, Application, Insurance, Receipt) Council Member Dodd started to make a motion to approve all items however Vice Mayor Nunn asked to pull items E and F. AMENDED MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve items A, B, C, and D. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 Vice Mayor Nunn said he has been talking to the Interim City Manager regarding the "for profit" rental fees for Riverview Park and asked if they should rethink the fees for those who rent the park to make money off events. MOTION by Vice Mayor Nunn to approve items D and F and encourage staff to review fees for profit and non-profit events. The motion was SECONDED by Council Member Dodd. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS - None 9 of 272 Regular City Council Meeting August 23, 2023 Page 4 11. UNFINISHED BUSINESS 23.015 A. City Council Discussion and Direction on Draft FY 2023-24 Budget and Capital Program in Advance of Scheduled Public Hearings (Transmittal, PPT) (Draft Budget - htti)s://www.citvofsebastian.org/DocumentCenterNiew/2103/Fiscal- Year-2023-2024-Draft-Budget-Dated-July-7-2023?bidld=) 6: 36 pm The Interim City Manager said the Chief Financial Officer would do a presentation on the latest budget updates. Through a PowerPoint presentation, the Chief Financial Officer said the most of the priorities previously identified haven't changed but there were some concerns with the current economy, stormwater needs and the implementation of the new residential waste collection contract. (See attached) He noted that the budget currently posted on the website has been modified. He described the current status of the Enterprise Funds. (Slides 8, 9, 10) He said the road improvements and swale work would be addressed with the American Rescue Plan Act Fund, Local Option Gas Tax, and Discretionary Sales Tax. He noted the state would now be restricting municipalities from using CRA funds for special events. He highlighted that the five notable Capital Improvement Projects would be funded at 81 % through grant awards. (Slide 19) With regard to the sale of the used golf carts, the Interim City Manager said staff looked at the market value and the historical return of used golf carts. The Chief Financial Officer said staff has sold 33 of the 85 cart fleet for the average price of $2,295. Council Member Dodd said this was the year to catch up on what hasn't been done with the proper staffing. He invited the public to review the budget document. James Sullivan said in the capital market in the business world, any company could set up a self-insurance fund that is fully funded by the business and he suggested the City could set up a fund for the docks and submit their own claims. He offered to provide known providers for this type of insurance. 12. NEW BUSINESS 23.142 A. Discussion on the Location and Installation of a Gold Star Family Monument at the Veteran's Memorial at Riverview Park (Transmittal. Letter. Design. Location) Peter Puzzo introduced himself and said in February he unveiled a POW -MIA memorial and was here to propose another monument for the Gold Star Families. He said he has the support of the Gold Star Mothers of Indian River County to install a white marble 10 of 272 Regular City Council Meeting August 23, 2023 Page 5 monument for the families that have lost a loved one and he asked Council's permission to continue with the monument. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve the installation of a Gold Star Family Monument in Riverview Park. There was no public input. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 23.143 B. Resolution No. R-23-18 — Authorizing the Citv Manager to Execute the FDOT Public Transportation Grant Agreement (PTGA) for the Design and Reconstruction of the Alpha Taxiwav Parking Aprons (Transmittal, R-23-18, PTGA) 6: 51 pm A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) FM445975-1-94-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE "DESIGN AND RECONSTRUCTION OF TAXIWAY ALPHA PARKING APRONS" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-23-18. The Interim City Manager said this was a FDOT grant to provide up to a $1 M for the design and reconstruction of Alpha taxiway parking aprons and he asked for approval. There was no public input. MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to approve Resolution No. R-23-18. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.144 C. Approval of CSA #21-03 with Kimlev-Horn and Associates. Inc. to Provide Design and Construction Plans for the Riverview Park/Harrison Street Redevelopment Proiect (Transmittal, CSA#03) 11 of 272 Regular City Council Meeting August 23, 2023 Page 6 The Interim City Manager said this was to provide the design and construction plans for the Riverview Park/Harrison Street redevelopment program to be compatible between the two components and provide road improvements. MOTION by Council Member Dodd to approve CSA #21-03 with Kimley-Horn and he asked the City Manager to bring back the 1991 overall conceptual plan to the public for input and approval by City Council. This was SECONDED by Vice Mayor Nunn. There was no public input. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 23.145 D. First Readinia Ordinance No. 0-23-09 — Petition for Voluntary Land Swan — 0.07 Acre Parcels, 600 Schumann Drive (Transmittal, 0-23-09, Agreement. Attachment) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE EXCHANGE OF PARCELS PURSUANT TO SECTION 2-93, CITY OF SEBASTIAN CODE OF ORDINANCES, REGARDING THE CONVEYANCE OF A 2,985.10 SQUARE FOOT PARCEL FROM SCHUMANN ROAD INDIAN RIVER, LLC TO THE CITY IN EXCHANGE FOR THE CONVEYANCE OF A 2.977.20 SQUARE FOOT PARCEL FROM THE CITY TO SCHUMANN ROAD INDIAN RIVER, LLC; DESCRIBING EACH PARCEL; FINDING THE TERMS AND CONDITIONS OF THE EXCHANGE OF PARCELS TO BE IN THE PUBLIC INTEREST; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-23-09. The Community Development Director said a year ago there was a pre -application for a piece of property at Schumann and US 1, currently zoned as commercial general which is an odd -shaped piece. While staff reviewed the application, all parties came up with the thought that maybe we could swap some of the property for traffic safety and tree preservation. There is a pie -shaped piece on the applicant's property that is part of our historical park and the applicant is willing to take that and provide a piece of property on Schumann that will allow better access to the park and straighten off the boundary to the park. The applicant is considering a sidewalk on Schumann or perhaps a path around the historical park pond. She said staff is in favor of the swap; the applicant will assume all the costs for the swap. Prior to the applicant investing more dollars into the project, staff was asking for Council's approval to move forward. Council Member Dodd asked to place page 213 of the agenda packet on the overhead. (See attached) He pointed out that the applicant wants to give the City the red area and 12 of 272 Regular City Council Meeting August 23, 2023 Page 7 take the green area that will allow them to develop their property in a cohesive way and the City will benefit from the enhancements they have planned. Vice Mayor Nunn noted this would provide a much better buffer for the lake for the applicant's property. Linda Masterson, 106 Blue Heron Drive, said this is the most egregious example of putting the cart before the horse as it includes land use changes and rezoning without going to Planning and Zoning first in addition to bypassing the notification process. She asked Council to vote no and send everything to the Planning and Zoning Commission. Council Member Dodd clarified that they were not approving a site plan; once the land swap takes place, the applicant can come forward with site plan. Vice Mayor Nunn said there were no planning or zoning changes in the request to swap the land that will provided a better buffer for the lake. The applicant, Tim Campbell, was on Zoom experiencing audio difficulties. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve Ordinance No. 0-23-09 on first reading and set the second reading, public hearing for September 27. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 Mayor Jones called for a recess at 7:16 p.m. and upon return at 7:23 p.m., all members were present. 23.146 E. Determination to Proceed — Alternative Cell Tower (Licht Pole) 60' in Heiaht — Barber Street Snorts Comvlex (BSSC) (Transmittal. Aerial. Elevation) The Interim City Manager and Community Development Manager said the proposed tower is on City property, and staff would like direction on how to proceed. The Community Development Manager said that if the applicant should proceed, there are additional items that will still be needed. Mayor Jones and Council Member Dixon weren't in favor of the placement in the park. In response to Vice Mayor Nunn, the Community Development Manager said the public benefit would be additional lighting for the park; receipt of a lease fee; and the opportunity for co -location of public antennas such as for the police. 13 of 272 Regular City Council Meeting August 23, 2023 Page 8 Council Member Dixon expressed concerns with cell tower radiation near the children and families that would be using the park two seasons a year. In response to Council Member Dodd, the Interim City Manager said the fall radius would come into the middle of the children's playground area. Vice Mayor Nunn said he would be more likely to approve this if it was put back by the parks maintenance building. It was the consensus of Council not to approve the proposed location of the cell tower. 23.098 F. City Manager Emvlovment Aareement (Transmittal, Agreement) Mayor Jones said he feels confident with the City Manager's contract and asked if there were any questions. Council Member Dodd said he had some concerns with items 10 and 12 of the contract. He said if they provide an allowance for a vehicle, they shouldn't necessarily provide a vehicle; he said he would lean towards the City providing a dedicated vehicle that he doesn't drive back and forth to his residence. He asked Council to strike #12 and provide him with a vehicle and have him drive his personal vehicle back and forth to his residence. Mayor Jones said he was comfortable with striking item 12. Council Member Dodd said they could strike item 12 and modify item 10 to say, "Shall be entitled to use a designated city vehicle for official business when traveling from City Hall. That shall not be used for transportation to and from the residence of the City Manager or taken out of state." The Interim City Manager said that his preference was if Council was going to eliminate the car stipend and not letting him take a City vehicle home, they are eliminating both elements; he wasn't in favor of that; they would need to go back to negotiations. Council Member Dodd said the issue was it was paying him $500 a month to drive to his residence. He would never vote for the City to provide an allowance to allow him to drive home. The Interim City Manager clarified that his concern was if he had to take staff or a Council Member outside of the City, he was not comfortable with driving his personal vehicle. He was fine with driving his vehicle less than 75 miles with the car stipend. Council Member Dodd said he would have a dedicated vehicle once he arrived to work. Vice Mayor Nunn said he was not in favor of eliminating item 12; currently the Interim City Manager is only using the City vehicle is when he has to take other employees in the 14 of 272 Regular City Council Meeting August 23, 2023 Page 9 7.41 pm vehicle. He noted they just gave the City Attorney a $350.00 stipend to drive her vehicle home --he was not in favor of eliminating item 12 or changing the contract. Council Member Dodd said he was going to vote no because he couldn't provide the Interim City Manager $6,000 a year to drive to work. Council Member McPartlan said he would favor giving the manager the same as the attorney--$350.00. Vice Mayor Nunn said the manager is the CEO of City and manages 150 employees. He didn't want to take away from the attorney but he couldn't compare the responsibilities of the manager and the attorney. They came up with the $500 before now and he didn't understand why they are changing the amount this late. Council Member McPartlan noted the county administrator only receives a $350.00 allowance and doesn't have a county vehicle. Vice Mayor Nunn said he wasn't opposed to changing the allowance to match the attorney but wasn't in favor of eliminating it. The Interim City Manager suggested that they clarify item 10 to only be a certain mileage or when driving staff within the City; and reduce item 12 to $350.00. Mayor Jones and Vice Mayor Nunn recapped that the allowance would be reduced to $350.00 and adding language in item 10 that the use of the vehicle is allowed when official business is needed with other passengers. Council Member Dodd said he would still vote no, an employee shouldn't be given a car allowance and a vehicle. He asked who would manage the pool car, noting there are many mechanical things missing and he reminded everyone to remember how they got to this. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to approve the City Manager's contract with the change to $350.00 and the language change in item #10 to allow the City Manager to drive the vehicle when there are additional passengers on official business. There was no public input. Roll call: Council Member Dixon - aye Council Member Dodd - nay Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 4-1 13. CITY ATTORNEY MATTERS - None 15 of 272 Regular City Council Meeting August 23, 2023 Page 10 14. CITY MANAGER MATTERS 23.147 A. Discussion of Ton Priorities for a Joint Meeting Between the Indian River County Board of Commission and Sebastian City Council (List) The City Manager advised that based on feedback from Council and staff, the items on the attached list are what has been suggested and he asked Council to reduce the list down to 3-5 items and go from there. After much discussion, the following topics were chosen: Septic to Sewer Conversion to include utility capacity discussion and improve the Indian River Lagoon's water quality Improving Old Dixie Highway Providing a unified voice for Veterans Services Zoning on Indian River Drive The City Manager said he would offer the afternoon of September 251" to the County to hold the meeting. 23.039 B. Discussion of the Strategic Plan RFP Scone The City Manager requested input for the Strategic Plan RFP scope from Council in the next week or so. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mayor Jones - None B. Vice Mayor Nunn said the new plans for the proposed hotel on Indian River Drive are worse than the plans that were being developed for the Home2 Suites Hotel and he asked if they should write another letter to the County. Council Member Dodd suggested that staff down -load the site plan and provide a technical document with issues we would like to see for the site from the developer. It was the consensus of Council to have the City Manager prepare a letter for the next County Technical Review Committee meeting. C. Council Member Dixon said thanks to the assistance of the City Manager, Tom Lange of the Sebastian River High School Crew team held a "Learn to Row Day" last weekend where 35 kids came out to learn. They hope to have future events. 16 of 272 Regular City Council Meeting August 23, 2023 Page 11 Vice Mayor Nunn added that the team would love to have a floating dock launch so they might practice nearby instead of in the C-54 Canal. D. Council Member Dodd - None E. Council Member McPartlan shared the letter from the Military Officers Association of America expressing their concerns with the Vero Beach Community Based Outpatient Clinic and asked that a similar letter be prepared for the next Council meeting to be sent by the City. (See attached) He thanked the Community Development Director, Lisa Frazier for her many years of service to the City and wished her the best in her future endeavors. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 8:15 pm Approved at the September 13, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST: Jeanette Williams, City Clerk 17 of 272 On CF SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: September 13, 2023 Agenda Item Title: Approve a lease agreement between the City of Sebastian and Indian River County for usage of approximately 950 square feet of administrative space at the "Historical Old Sebastian Elementary School" and authorize the Mayor to execute the appropriate documents. Recommendation: Staff recommends that City Council approve the lease agreement with Indian River County for the usage of administrative space at the "Historic Old Sebastian Elementary School." BackLround: Indian River County approached the City with interest for local office space for their Veteran's Services Office (VSO) within the City of Sebastian. Indian River State College terminated their lease agreement early for their space within the "Historical Old Sebastian Elementary School" which opened up some office space that would be suitable for the VSO. The City feels that allowing the VSO to be housed in this building would provide a great resource to our local veterans and allow City staff to easily assist members of the community in locating this office for assistance. The lease agreement will be considered by the Indian River Board of County Commissioners on September 12'" at their Commission meeting. If Agenda Item Requires Exvenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. IRC and City of Sebastian Facility Historical School Building Lease Agreement Administrative Services Department Review:"` l City Attorney Review: ,r Procurement Division view, if applicable: City Manager Authorization: Date: 18 of 272 HISTORICAL SCHOOL BUILDING LEASE AGREEMENT This Lease Agreement ("Agreement") is entered into this day of , ("Commencement Date"), between the City of Sebastian Florida, a municipal corporation of the State of Florida, hereinafter ("Landlord") and Indian River County, a political subdivision of the State of Florida, hereinafter ("Tenant".) WITNESSETH.- Section 1. Premises. Subject to the terms hereof, and to zoning and restrictions of record, and in consideration of the mutual benefits and obligations set forth hereafter, Landlord leases to Tenant and Tenant leases from Landlord the Premises located in Indian River County, Florida, more particularly described as follows (the "Premises"): Approximately nine hundred and fifty square feet of the first floor offices located at 1235 Main Street, Sebastian, located in Indian River County, Florida. Section 2. Term. This Agreement shall be for a one (1) year term commencing upon the Commencement Date and expiring at the end of same. At the end of the initial term, the Agreement shall renew in automatic one (1) year terms until terminated by the Parties under the same terms and conditions as set forth herein. The Commencement date is established to be the date as signed by the last signing Party. Termination of the lease shall be with or without cause upon 30 days' notice prior to the end of the initial term or any renewal term. Section 3. Rent. Tenant shall pay to Landlord during the term of this Agreement, an annual Rent in the amount of one thousand two hundred dollars to be paid annually on the Commencement Date in advance, without demand, reduction or set-off (the "Rent"). The Landlord shall provide electric, water and sewer services to the Premises. Section 4. Use. Tenant shall use and occupy the Premises only for pre -approved community services. Tenant shall not use the Premises in a disreputable, ultra -hazardous or unlawful manner, or in any manner that would constitute a public or private nuisance. Tenant shall provide all of its own office equipment, furniture and furnishings and shall insure such equipment, furniture and furnishings as it deems desirable, but, in no event, shall make a claim against the Landlord for any losses. Tenant shall not perform any acts on the Premises that would generate noxious odors or annoying noises. Tenant acknowledges existence of equipment located on the Premises which it shall not damage or destroy but for ordinary wear and tear, Tenant shall also bear all cost and expense of obtaining its own fiber network and related maintenance for same. Section 5. Hazardous Substances. Tenant shall not use, store, generate, dispose of, release or otherwise handle or possess any hazardous substance on or about the Premises. Should Tenant violate this provision, then Tenant shall indemnify, defend, and 1 19 of 272 hold Landlord harmless from all claims, charges, penalties, fines, liabilities, costs (including clean-up costs), and all other obligations and expenses arising directly or indirectly from such violation. Section 6. Ouiet Eniovment. Upon paying the Rent and performing all other covenants and obligations under this Agreement, Tenant shall hold the Premises free from disturbance. Section 7. Redeliverv. Tenant covenants that at the termination of this Agreement, whether by expiration, default or otherwise, Tenant shall promptly re -deliver the Premises to Landlord free from subtenancies and in the condition the Premises are presently in, reasonable use and wear excepted. Any personal property or trade fixtures remaining on the Premises three days after termination shall be deemed abandoned by Tenant, and may be disposed of as Landlord deems fit at Tenant's expense. All personal property or fixtures located in the Premises on the Commencement Date shall be redelivered in good condition with the Premises. Section 8. Acceutance of Premises. Tenant acknowledges that Landlord has made no representation or warranty that the Premises are fit for Tenant's intended use. Tenant has inspected the Premises, and Tenant accepts the Premises "as is". Section 9. Indemnification/Liabilitv/Loss. Both of the parties are protected by sovereign immunity and each party shall indemnify, defend and save the other party harmless, to the extent and limits permitted by law including, but not limited to, Section 768.28, Florida Statutes, from and against all claims, demands, obligations, liabilities, penalties, fines, charges, costs and expenses, including attorney's fees, costs and expenses for the defense thereof, arising from occurrences on or about the Premises or from the party's negligent activities thereon. Should claim be brought against a party or a party be made a party to any action relating to the other party's negligence then the party shall reimburse the other party for all attorney's fees, costs and expenses incurred by the non -negligent party in connection with the claim or action. Section 10. No Assignment without Consent. Tenant shall not assign this Agreement or any of Tenant's rights hereunder, nor sublet the Premises or any portion thereof, without first obtaining the written consent of Landlord. Section 11. Default. Landlord, at its option, may terminate this Agreement on three days' notice to the Tenant: (a) if any Rent due hereunder is not paid when due; or (b) if the Premises are abandoned by Tenant or otherwise become and remain vacant or deserted for a period of 10 days or more; or (c) if the Premises are used for some purpose other than the use authorized herein; or (d) if Tenant shall have failed to cure a default in the performance of any other provision of this Agreement or any rule or regulation set forth herein within ten 10 days after written notice thereof to Tenant from Landlord, or if such default cannot be completely cured in such time, if Tenant shall not promptly proceed in good faith to cure such default within said ten 10 days, or shall not complete the curing of such default with due diligence. In the event that Landlord elects to 2 20 of 272 terminate this Agreement, then, upon the expiration of the aforesaid three day notice period, Tenant shall remain liable for damages to the maximum extent provided herein or permitted by law. Section 12. Destruction of Premises. In the event that the Premises or a portion thereof is destroyed or damaged by fire or other casualty, then Landlord may or may not elect to repair or rebuild the Premises or to terminate this Agreement. If Landlord elects to repair or rebuild, this Agreement shall remain in force, and Landlord shall complete all repairs or rebuilding after such election. If Landlord elects to terminate this Agreement rather than to repair or rebuild, Tenant shall promptly surrender possession of the Premises to Landlord and neither Landlord nor Tenant shall have any remaining obligations hereunder, except any obligations owed by Tenant that accrued before the casualty, which obligations Tenant shall forthwith settle. Landlord shall not be liable for any damages, inconvenience, or annoyance to Tenant resulting from any damage to the Premises or from the repair or replacement thereof, and shall not be liable for any delay in restoring the Premises unless arising from the Landlord's negligent or wrongful action. If Tenant's negligence or the negligence of Tenant's agents, employees or invitees results in damage or destruction to the Premises, then notwithstanding any other provision of this Agreement, Tenant shall be obligated to pay the cost or repair, replacement or restoration that exceeds any available insurance proceeds therefore, and Rent shall not abate during the period of repair or restoration. Section 13. Liability for Loss of Personal Property. All personal property placed or moved in the Premises shall be at the risk of Tenant. Landlord shall not be liable for any damage to person or to property occurring on the Premises or related to Tenant's use thereof including, but not limited to, damages arising from the bursting or leaking of water pipes. Section 14. Alterations. Tenant shall not make any alterations to the Premises without first obtaining the written consent of Landlord. Any alterations so approved by Landlord shall (a) be made in a good and workmanlike manner; (b) be paid for in full by Tenant; (c) be made with materials of comparable or better quality than are already in place; and (d) not weaken the Premises or cause a reduction in fair market value of the Premises. Section 15. Access to Premises. Landlord may enter the Premises at any time for the protection or preservation of the Premises. Section 16. Cost of Collection and Attornev's Fees. In the event of legal proceedings between the parties, the prevailing party in such proceedings shall be entitled to have its costs and attorneys' fees, including costs and attorneys' fees for appellate proceedings, paid by the non -prevailing party. Section 17. Liens. Tenant agrees to keep the Premises free and clear of any lien or encumbrance of any kind whatsoever created by Tenant's acts or omissions and Tenant shall indemnify and defend, to the extent and limits permitted by law, Landlord against t] 21 of 272 any claim or action brought to enforce any lien imposed on the Premises because of Tenant's negligent act or omission. Except as specifically provided otherwise herein, Tenant shall have 10 days after receiving notice of any such lien or encumbrance to have such removed. If Tenant fails to have such removed within that time, Tenant shall be in default. Section 18. Waiver. No act of a party shall be deemed a waiver of any of the party's rights hereunder, unless such waiver is specifically made in writing. A party's forbearance to enforce any rights hereunder or to exercise any available remedy, or to insist upon strict compliance herewith, shall not be deemed a waiver or forfeiture of such rights, remedies or strict compliance, nor shall such forbearance stop the party from exercising any available rights or remedies or from requiring strict compliance in the future. Landlord's acceptance of any late or inadequate performance including, but not limited to, late or insufficient payments of Rent, shall not constitute a waiver or forfeiture of Landlord's right to treat such performance as an event of default or to require timely and adequate performance in the future. Section 19. Notices. All notices or other communication required or permitted to be given pursuant to this Agreement shall be in writing and shall be construed as properly given if mailed by registered or certified mail with return receipt requested. It is agreed that notice so mailed shall be reasonable and effective upon the expiration of three business days after its deposit. Notice given in any other manner shall be effective only if and when received by the addressee. For purposes of notice, the addresses of the parties shall be the address as follows: Indian River Board of County Commissioners City Manager 1801 27th Street City of Sebastian Vero Beach, FL 32960 1225 Main Street Sebastian, FL 32958 Section 20. Construction. Whenever the context permits, or requires the use of the singular in this Agreement shall include the plural and the plural shall include the singular. Any reference herein to one gender shall likewise apply to the other gender and to the neuter; and any reference herein to the neuter shall refer likewise to one or both genders. Any reference herein to a person shall include trusts, partnerships, corporations, and other entity, as appropriate. Section 21. Caations. The captions to the provisions of this Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Agreement nor in any way effect the substance of this Agreement. Section 22. Annlicable LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in the Nineteenth Judicial Circuit Court in and for Indian River County, Florida 4 22 of 272 Section 23. Survivability. The parties agree that all of Tenant's indemnities, representations and warranties made herein, shall, to the extent and limits permitted by law, survive the termination or expiration of this Agreement and that the termination or expiration hereof shall not release Tenant from any accrued, unfulfilled or unsatisfied liabilities or obligations. Section 24. MerEer. No prior or present agreements or representations shall be binding upon the parties hereto unless incorporated in this Agreement. No modification or change in this Agreement shall be valid or binding upon the parties unless a writing is executed by the parties to be bound thereby. Section 25. Parties Bound. This Agreement shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. In the event Landlord or any successor -owner of the Premises shall convey or otherwise dispose of the Premises, all liabilities and obligations of Landlord, or any successor - owner as Landlord, to Tenant under this Agreement shall terminate upon such conveyance or disposal and the giving of written notice thereof to Tenant. Section 26. Severability. If any provision of this Agreement should be in conflict with any public policy, statute or rule of law, or is otherwise determined to be invalid or unenforceable, then such provision shall be deemed null and void to the extent of such conflict, but without invalidating the remaining provisions. Section 27. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earlier Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or Rent payment be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy provided in this Agreement. Section 28. Time Periods. Time is of the essence in this Agreement. Any reference herein to time periods of less than six days shall exclude Saturdays, Sundays and legal holidays; and any time period provided for herein that ends on a Saturday, Sunday or legal holiday shall extend to 5:00 o'clock pm of the next full business day. Section 29. Recordins. This Agreement shall not be recorded in the Land Records of Indian River County. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on the date stated. 5 23 of 272 ATTEST: TENANT: CLERK TO THE BOARD INDIAN RIVER BOARD OF COUNTY COMMISSIONERS ATTEST: Jeannette Williams CITY CLERK , CHAIRMAN Date: LANDLORD: CITY OF SEBASTIAN, FLORIDA FRED JONES, MAYOR Date: APPROVED AS TO FORM AND LEGALITY: Jennifer Cockcroft CITY ATTORNEY 6 24 of 272 arrL* SEBASPLAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: September 13, 2023 AGENDA ITEM TITLE: Letter of support for local veterans in their efforts to obtain quality health care services from the Veteran Affairs Services healthcare system in Indian River County RECOMMENDATION: Approval of the letter and authorize the Mayor to execute the letter and send it to the Director of Veteran Affairs Services. BACKGROUND: City Council directed Staff to draft a letter of support for our local veterans in their efforts to obtain quality health care services from the Veteran Affairs Services healthcare system in Indian River County at the August 23rd meeting. Staff has reviewed the details provided in the Military Officers Association of America, Indian River Chapter letter to Director Price to draft document of support in joining other local veteran organizations, governmental entities and non -profits regarding these issues. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: N/A Funds to Be Utilized: NIA ATTACHMENTS: 1) Letter of Support Administrative Services Department Review: City Attorney Review - Procurement _ a Procurement Divisio eview, ifapplica6le: City Manager Authorization: I� Date: 7 / 7 / a a o2 25 of 272 CROF STIAN ELA SEA HOME OF PELICAN ISLAND OFFICE OF TIRE MAYOR 1225 Main Street, Sebastian, FL 32958 - (727) 224-5246 September 5, 2023 Corey Price, Director West Palm Beach VA Healthcare System 7305 North Military Trail West Palm Beach, FL 33410 Dear Director Price, On behalf of all members of the Sebastian City Council, please accept this letter of support for our local veterans in their efforts to obtain quality health care services from the Veteran Healthcare system in Indian River County. The City would like to extend our full support for the advocacy efforts from the Board of Directors of the Military Officers Association of American (MOAA) Indian River Chapter. The City of Sebastian has been advised of issues with the local Veteran Healthcare system in Indian River County. In the letter by the MOAA Indian River Chapter, many issues were raised that this Council feels need to be investigated and corrective action taken to address deficiencies in service or treatment discovered at the local facility. The main issues are under -staffing, lack of specialty care for patients, difficulties associated with traveling to the West Palm Beach Medical Center and negative experiences with staff at the facility. The City of Sebastian is joining other local veteran organizations, governmental entities and non -profits in expressing concern regarding these issues and calling on your office to investigate these matters and bring them to the proper authority for corrective action. Thank you for your time and attention to Council's concerns. The City greatly appreciates your dedication to the veterans we collectively serve. Together we can work to ensure that our veterans receive the care and support they rightfully deserve. Sincerely, Fred Jones, Mayor City of Sebastian FJ/bb 26 of 272 moo= SEBASIL HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: September 13, 2023 Agenda Item Title: Purchase of two (2) Ford Explorer Unmarked Police Replacement Vehicles for the Police Department Recommendation: Staff Recommends City Council approve the purchase of two (2) 2023 Ford Explorer Unmarked Police Vehicles from Step One Automotive (DBA) Ford Crestview and Chrysler Dodge Jeep Ram (CDJR) Fort Walton Beach, under Florida State Contract Bid #25100000-23-STC. Background: This requested purchase represents the replacement of two (2) police vehicles that have reached the end of their service life. All other required safety and law enforcement equipment will be purchased separately. The purchase of the requested vehicles was previously approved at the November 21, 2022, City Council meeting but the approved vendor, Bartow Ford, was unable to supply the approved vehicles. A certified letter was sent to Bartow Ford canceling the order on August 8, 2023. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $512,200.00 Total Cost: $79,994.46 Funds to Be Utilized for Appropriation: Discretionary Sales Tax (DST) Attachments: 1. Vehicle Quote, Florida State Contract Bid #25100000-23-STC 2. Letter of Cancelation for Prior Approved Purchase Administrative Services Department Review: City Attorney Review - Procurement Division eview, if applicable: l/ City Manager Authorization: ` Date: q /7/2 o a 3 27 of 272 Motor Vehldes f 26100000-Z 4w) Price (g Form jPgFj jIA %� - CIES M A (STATE AGENSTALSOUSFRIT FORM MP8301) A u — r, 3 rin�Bc D(1 ��OMOTtVE- Ilconpnttor Name: StraalAddress: L" dba AND G4dR FT WALTON BCH V NF1 - cn..3tato, zll;: �ek parson: 1 prratnal Quote Data: _ Ohonarw'a: Prlmaty. Email Addrssa: - �j F 71 '� :SR_� 1-445W _ __ CRES��FL. T 2X — FLEET BALES Avvisrd Cuote Data: -- - F,ai peAq.rv: 1 STOCK -- �� {{t� ry F- - 407.234-5116 ST&ONEFLEE`T iRlt.coiJl.. jFox- ICon date Purchase pr�tortl: - _ — Requastlttq Customer IntormBtion ,igVcyjEJ iblaUser Name. - - - CiT�d�RERAST�AN Con lIIIy�{{�fc aeon: IRCANi�14AE Ars:_ ITlda•P"oEntact Addrocs:Primrrr A9tpiaiFs: 1Prlmarr-SeFonderYi id �uatomerloPhon Paraan: - - - - _ - Ema11Address: _ IMPORMATIONINTHIS SECTMNMU5i�(A TWIMFORMA7}ONONTHE AWARDED COST SHEET. UNSPSG Cotnmod ity 1 Cods Group Sub-GrauP We Number 25101702 POLICE VEHICLES _ - FWD,RWO AIAID Grand Model Coat Plus FORD 2t123 FORD POLICE UTILITY AWE) KSA 2AM r,.[rar rLUa srarrrar Zs : CWUAL fV Viri.CZ* IHPJY rriP,,f'Var VkU.b P,.5NIQ ON QN IH& AYr $w C441 ,,7 .1rrCG' A�[alarygtrkieDeetriPBon rrgettnerunitS CoetP&,u�6 TotalGl�omar 20Y3FORP?O�l EUTILIiYAWD KBA 538870.00 29496 S _. NifflKlUrsdardaccessorkes, coftipariw4s,aWrnerd,Maturea, parts, eic_thataneMectsadloOrjrvA&4vt *a.+retActa+atten&la ats�padtromths>Manalaearter' OEM Option Description Msmrillw tred0mnd Cost ipe' un1B Custo tier Pike QuanUly{per Mist 'Total Cudwwr {nerunlli Vahkfea- Price 3.3 E GiNErV "SPEED AUTO - f POWER OUIPMENT UP VE 4 ANTI S _ JI S SSlI - INTE;UE LIP 8 PKG ; 144 MIR - - _ - - yf� �d WNMATS —_ _._.. - I! 6 I CLQ1�t TFA D BACK I - T�M(cR� f I+ 4 I $ - _ 3 - I - - - S KEYLESS ENTRY I S S - COLQ �S t !S Is — Y SILVER - _ , s - 2 IS I -- 2 cK f rrE is Is - a - s - TOTAL COST. OEM QPtIms iverhtolor'%hMI&l ; 28 of 272 NON-OEFVl OPTIONS COST RLUS x MOSTSEEQUALTQ ORLM THAT THECOSTPLUS %SiWM ON WEAWARDED COST SHEET: Mon -OEM Option DmrtpUon M titan radErattd CmdjmmM Customer Pace Cb ft* War Maw Totd [fur loerunttl Veh"I Peiee Body Transfer end 3rd Party Body kmW *m Desortption COntrutof Cammusts: Customer Comments: MawActumdEnnd TOTAL CURt•rOrdetTotslwlthCbdt'I:Aoo om Y�Mrsllat TYeh[WL Cmamr Pda Q=Vty (w mdw Taw Ctutoaw (Porwdh Vdticb) Pita 'U NSPSC - Vaud mWons standard Products End 9WA= Co=o&v COds. Rarato on Discaurt ShM rorttw oodeU) asoneablo to Sera Groua wd SUP+� 29 of 272 Preview Order P218 - K8A - Police Enter Utility AWD : Order Summary Time of Preview: 07131/2023 11:51:35 Receipt: 9/6/2022 Dealership Name : Ford Crestview Sales Code : F24048 Dealer Rep, (Eric Jore IType Fleet IYehicle Lime Explorer I IOrder Code P218 Customer Name HILLS (Priority Cade IC4 iModel Year 12023 I (Price Level 1350 DESCRIPTION MSRP DESCRIPTION MSRP K8A0 POLICE INTER UTILITY AWD $47166 4G LTF_ WI-FI HOTSPOT CREDIT $-20 .119 INCH WHEELBASE $0 18" FULL FACE WHEEL COVERS $60 TOTAL BASE VEHICLE $47165 INTERIOR UPGRADE PACKAGE $390 BLUE METALLIC $0 .1 STAND 2ND ROW CARPET FLR $0 CLOTH BUCKETS/CLOTH REAR SEATS SO SYNC 3 $0 EBONY INTERIOR $0 PRICE CONCESSION INDICATOR $0 EQUIPMENT GROUP 500A $0 REMARKS TRAILER $0 3.31L TI-VCT V6 FFV ENGINE $-2830 FRONT CNSL MOUNTING PLATE -DEL $0 10-SPEED AUTO TRANSMISSION $0 REAR VIEW MIRROR W/Ri AR CAMERA $0 FORD FLEET SPECIAL ADJUSTMENT $0 FLEX -FUEL CAPABILITY $0 AUX CLIMATE CONTROL $610 SPECIAL DEALER ACCOUNT ADJUSTM $0 CARGO DOME LAMP-REDIWHITE $50 SPECIAL FLEET ACCOUNT CREDIT $0 50 STATE EMISSIONS $0 FUEL CHARGE $0 POLICE ENGINE IDLE FEATURE $260 NET INVOICE FLEET OPTION (134A) $0 KEYLESS ENTRY - 4 FOBS $340 ADVERTISING ASSESSMENT $0 DESTINATION & DELIVERY $1595 MSRP TOTAL BASE AND OPTIONS $47620 DISCOUNTS NA TOTAL $47620 ORDERING FIN: QB990 END USER FIN: Q8990 PO NUMBER: undefined INCENTIVES: Ace, Code ID: 10 Contract/Ref #: 31-173P Contract Amount: $0.00 Description. undefined This is not an invoice. 30 of 272 Daniel Acosta, Chief of Police 1201 Main Street, Sebastian, FL 32958 Phone: 772-589-5233 1 Fax:772-388-1872 E-mail: spd@cityofsebastian.org August 8, 2023 Richard Weissinger Commercial Fleet Sales Bartow Ford EVT 698 Cessna Street Bartow, FL 33830 RE: Cancellation of Two 2023 Ford Explorers RE: Purchase Order #00010097-00 FY 2023 Dear Mr. Weissinger, This is in regard to Purchase Order number 00010097-00 FY 2023, dated 11/3(1/2022, an order that included two Unmarked Police Explorers. On June S, 2023, you advised that Bartow would be unable to supply these two vehicles, and that they would have to be reordered as 2024's. You further advised that the 2024 pricing was not yet available, or when the 2024 order bank would be open. Due to these facts, and as per Item #16 in the Terms and Conditions of the City's Purchase Order, the City of Sebastian is canceling the two Unmarked Police Explorers associated with our 11/30/2022, order immediately. The items the City is cancelling in regard to this order is Line 002, Two 2023 Ford Explorer Unmarked Police Vehicles at $38,103.11000 for a total price of $76,206.22 If you should have any questions in regard to this matter, please do not hesitate to contact me, We look forward to receiving the other six 2023 vehicles associated with this order in the near future. 7GE2 1,670 0000 8828 8261 Sincerely, Chief Daniel Acosta 31 of 272 ..0 ru co ED M Co C3 im C3 O f`- r9 ru ru 0 T` 0 F. F I Of A L el Acosta, Chief of Police GetlfW Mall Fee n Street, Sebastian, FL 32958 !!fcsia- ,�cesaFeestu�cxm .acreu ee3 \.,�-589-5233 I Fax; 772-389-1872 ❑� 0-10 h c 1 \, I: spd@cityofsebastian.org opo�Peodpt(Wecumin) s Posirivlark 0 06-08d MU Ruoa Quna%Fwbs Roq*ee AUG-. Q 2023 © ma s19— Re%-- wvw : PosE3Qe TOM P*MW and Fees 'I Ti y /' RE: Cancellation Dear Mr, Weissinger, August 8, 2023 RE: Purchase Order #00010097-00 FY 2023 This is in regard to Purchase Order number 00010097-00 FY 2023, dated 11/30/2022, an order that included two Unmarked Police Explorers. On June 5, 2023, you advised that Bartow would be unable to supply these two vehicles, and that they would have to be reordered as 2024's. You further advised that the 2024 pricing was not yet available, or when the 2024 order bank would be open. Due to these facts, and as per Item #16 in the Terms and Conditions of the City's Purchase Order, the City of Sebastian is canceling the two Unmarked Police Explorers associated with our l l /30/2022, order immediately. The items the City is cancelling in regard to this order is Line 002, Two 2023 Ford Explorer Unmarked Police Vehicles at $38,103.11000 for a total price of $76,206.22 if you should have any questions in regard to this matter, please do not hesitate to contact me. We look forward to receiving the other six 2023 vehicles associated with this order in the near future. Sincerely, Chief Daniel Acosta 7D22 1670 0000 8828 8261 32 of 272 L'M Lf SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting- Date: September 13, 2023 Aeenda Item Title: 2024 NRA Foundation State Fund Grant Application. Recommendation: Move to approve the application process for the 2024 NRA Foundation State Fund Grant Solicitation for firearms training equipment, approve the Chief of Police to complete and execute all application documents for submission and receive equipment if awarded. Background: The Public Safety Cadets program is a career focused mentoring program for young adults between the ages of 14-21 who are interested in a career in law enforcement. The goal is to transition public safety cadets into an employment position within the criminal justice field. This is accomplished by providing knowledge, skills and practical experiences through education and training delivered by our agency's firearms instructors who will provide a safe training environment. If awarded, the award is in the form of equipment the NRA has in stock, not actual funds. The Sebastian Police Department Public Safety Cadet Program was initially created in July of 2022, taking the place of the Explorer program. Submission and approval of this grant will provide our Cadet Program with actual firearms, ammunition, targets, and protective equipment for their eyes and ears. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $0 Total Cost: $0 Funds to Be Utilized for Appropriation: $0 Attachments: 1. Grant Notice / Information 2. Grant application Administrative Services Department Review'/1 1 City Attorney Review / Procurement Division Review, if applicable: r City Manager Authorization: / f j / Date: q / 7 /' 3 33 of 272 2024 State Fund Grants: 24FLO32 Sebastian Police Department Public Safety Cadet unit# 1143 2024 State Fund Grant Application Grant Number 24FL032 Internal Grant Dept. Notes Notes to Grantee (ADMIN ONLY) Requested Amount $0.00 Requested Amount Per Beneficiary Linked Profiles Officer Bill Jursik Applying Organization Information Organization Name Sebastian Police Department Is any person in your organization (including, but not limited to, officers, directors, trustees, employees, etc.) also an officer, director, trustee, or employee of The NRA Foundation, the NRA, or any of the NRA's other affiliated organizations, e.g., the NRA Whittington Center or the NRA Civil Rights Defense Fund? (An affirmative answer to this question does not necessarily prohibit your organization from applying for or receiving a grant —the question Is asked for the Foundation's Internal policies and reporting requirements.) Being an NRA Instructor/Coach or RSO facilitating an NRA training courselprogram does not make one an NRA employee unless otherwise specified. No Address 1 1201 Main Street Address 2 City Sebastian state Florida Zip Code 32958 Select Organization Type Government Entity Entity Type Government Entity If other, please describe Law Enforcement Agency 37 of 272 Primary County Served Indian River, FL If the request is for a statewide event and your state Is divided into more than one area, you must submit an application for each area (SFC). If the project/program significantly, or equally, benefits people from other counties, you may add up to 4 additional counties served. Secondary County Served Third County Served Fourth County Served Fifth County Served Request Contact Information First Name Officer Bill Last Name Jurslk Email Address bjursik@cilycfsebasban.org Secondary Email Address bjursik@cityofsebasban.org Phone 772-228-7017 Phone Extension, H applicable Phone Type Office Secondary Phone Number 772-321-7686 TitlefPositlon Within Organization Officer, Lead Mentor Public Safety Cadet Unit #1143 Sebastian Police Department Date of submission 08f30f2023 Regions Audience Coding Program Coding 38 of 272 Profiles: Officer Bill Jursik Linked User Email - DO NOT DELETE bjursik@cityofsebastian.org First Name Officer Bill Last Name Jursik EmaO bjursik@cityofsebastian.org Phone Number 7722887017 Notes Linked Org Linked Parent Org 39 of 272 Federal Tax ID Number 59-6000427 Linked Org Linked Parent Org W-9, Signed and Dated No More Than Two Years Old W9 City of Sebastian.pdf -IRS determined 501 (c) entities must attach their IRS Determination Letter. -Govemment agencies (Law Enforcement, Public Schools and Colleges, Public Ranges) should attach a letter from their finance office stating the Federal Tax ID number, on agency letterhead, signed and dated by a finance officer. -State incorporated and registered nonprofits, who are NOT an IRS (c) entity, need to attach a copy of their most recent state registration from the Secretary of State website. IRS Determination Letter, Or Government Agency Letter Or State Nonprofit Registration SKM_C360123083008110.pdf State Nonprofit Organizations Verification of Federal Tax ID Number City of Sebastian Tax Exempt Certificate 2022 - 2027.pdf Grant Proposal Information "Note: The answer to the question below determines what questions will be asked throughout the remainder of the application. Changing this answer will affect the application form below. Capital Improvement refers to projects aimed at enhancing a facility, such as upgrading clubhouses or classrooms, Installing commercial -grade trap machines of a capacity of 300 clays or more (refer to the Funding Request Development Tool for more details), or undertaking any other permanent Improvement on an organization's property. However, It should be noted that this excludes most JROTC air rifle ranges. Which Best Describes This Grant Request? Series of reoccurring events or program Project Title Sebastian Police Department Public Safety Cadet unit# 1143 Overview of the Program The Public Safety Cadets program is a National based career focused mentoring program for young adults between the ages of 14-21 who are Interested In a career in law enforcement. The goal is to transition the public safety cadet Into an employment position within the criminal justice field. This is accomplished by providing knowledge, skills and practical experiences through education and training delivered by public safety professionals that build character, physical fitness and respect for the rule of law. 40 of 272 Detailed Description for this Project The Sebastian Police Department Public Safety Cadet Program was initially created In July of 2022 taking the place of the Explorer program. The Explorer program was run under the Boy Scouts of America - Learning for Life division through 2019. In 2022, the Sebastian Police Department joined the Public Safety Cadet organization and continues to be sponsored by the Sebastian Police Department. Unit number #1143 was intentionally chosen as our unit designator as a tribute to the Chief of Police's ID number. Our members get the chance to work directly with various employees of the department to include police officers, communications professionals and forensic technicians. There are opportunities to go on ride -a -longs, shadow in the emergency communications center, receive police training, meet new friends, and feel good about helping out in your community. Additionaily, there are a number of scholarships that are made available to assist with continuing education costs. The following core values and principals are the foundation of our program and instilled In all program activities. Fair and impartial public safety services to all, regardless of race, color, national origin, sex or religion and a respect for diversity and the rule of law. Training programs, practical experiences and activities that not only better prepare young adults for a public safety career, but also emphasize the role of first responders in a democratic society. The goat is preparing the next generation of public safety professionals through development programs that emphasize the concept of "servant leadership'. Community engagement and support are critical to successfully achieving the mission of public safety organizations. Engaging young adults through agency sponsors to work collaboratively with citizens and community organizations will help strengthen relationships build trust and resolve Issues for the well-being of the community. Public safety organizations must be committed to maintaining the highest standards of professionalism and ethics in all aspects of their operations and services. Integrity, fairness, Impartiality, courtesy, respect, and compassion are essential character traits, Public safety professionals must be committed to these traits In providing the highest quality services to the community they serve. Public safety professionals are accountable to the public they serve and are held to a higher standard of conduct than other members of the community. They must reflect the values and virtues of good citizenship In both their personal and professional lives as set forth in their professional code of conduct (i.e. The Law Enforcement Code of Ethics). Cadets also have an opportunity to participate in a National Public Safety Cadet Conference/Competition held at different locations across the country. During those competitions our cadets are judged and evaluated on categories such as; Airsoft challenge, Bike policing, Physical fitness, National Marksmanship; Slow -Fire, Timed Fire, Rapid Fire, Aggregate Champions, Drill Team, Active Shooter, Arrest and search, Burglary in Progress, Felony Traffic stop, Force options, Human trafficking, officer rescue and Unknown trouble. Requirements: Young adults, male and female, are encouraged to join. You must meet these criteria: Must be in school and completed the eighth grade and must be at least 14 years -of -age, but not older than 19 yearof-age. While being enrolled in a high school, you must maintaln a 2.0 GPA. (Must have a 2.5 GPA to participate in ride -a -longs and firearms). Pass a thorough background check. Key benefits of the Public Safety Cadets program Include: National Events and Career Skills Competition, Leadership Development Academy, Scholarships, Mentor training, Unit program accreditation, Youth Safety program for all participants, Academic credits for community service, Building a recruitment pipeline and pathway for employment, Liability Insurance and Supplemental Accident insurance, Local input and full transparency, State and regional associations encouraged. Training includes: Firearms Training, Fingerprinting, Crime Scene Investigation, Arrest and Search, Techniques, Building Searches, Traffic Stops, Domestic Violence, Hostage Negotiations, State Laws, Crash Investigations, Bomb Threat Response, Defensive Tactics (BJJ), Traffic Control Techniques and C.I.T (Crisis Intervention Training). impact of the Program Cadets also have an opportunity to participate In a National Public Safety Cadet/Explorer Conference/Competition held at different locations across the country. During those competitions our cadets are judged and evaluated on categories such as; Airsoft challenge, Bike policing, Physical fitness, National Marksmanship; Slow -Fire, Timed Fire, Rapid Fire, Aggregate Champions, Drill Team, Active Shooter, Arrest and search, Burglary In Progress, Felony Traffic stop, Force options, Human trafficking, officer rescue and Unknown trouble. These competitions demonstrate to the cadets real life scenarios which they can face on a daily basis acting in the capacity as a law enforcement officer. This also assists the community and spectators who attend the events about the real world situations todays law enforcement officers face every day. This enlightenment helps the our communities and attendees see the necessity of becoming proficient with firearms as well as good physical condition so your able to react In a crisis situation. The goal is preparing the next generation of public safety professionals through development programs that emphasize the concept of 'servant leadership'. Community engagement and support are critical to successfully achieving the mission of public safety organizations. Engaging young adults through agency sponsors to work collaboratively with citizens and community organizations will help strengthen relationships build trust and resolve issues for the well-being of the community. 41 of 272 Award Rocognition Should we be granted our request, cadets will be training on a firing range to become proficient with the firearm they will be competing with. Several cadets have showing an overwhelming fnterest in becoming firearm owners and several have hunted In their lives. Some have expressed they would like to continue to shoot competitively In the future. Our measurements will be seen through the competitions and points scored and even achieving trophy winning for highest score. while training, Cadets will' be scored on proficiency to show improvement or areas of improvement are needed. Estimated project or program cost $14,000 Project Completion Date 1213l/2024 Revenue Sources Cadets participate in several fund raising events to offset cost of competition expenses. Hotel and travel costs. Cadets work with the local ELKS dub setting up tables in their dining hall for events and break them down when completed. Cadets also do vehicle parking at city events throughout the city. Do you charge a registration or participation fee for the event or program? No If you answered yes to the question above, what is the registration or participation fee and what does this fee cover? Partial Funding Yes, we would be able to continue the program, but without the firearms component, Notes Regarding Request Priority Our priority 1 item is the Giock 17 Gen 5 pistols so the Cadets are able to participate in the actual shooting competitions. Our agency issues a caliber which is not accepted to compete. The ammunition is for training the Cadets for the competitions. Targets, eye protection, ear protection are associated with the shooting competition. The banner will be placed in view of all associated traWngs and competitive arenas. Grant Catalog ID'* Click HERE to Access the Grant Catalog. Each grant must have a unique Grant Catalog ID from this year to be considered for funding. Remember to Include all monetary requests as check request Items. Please copy and paste the ID Into the application. Helpful instructions for creating the Grant Catalog ID may be found at https://www.nrafoundation.org/media/koobsipalinstructions-for-grant-catalog.pdf Grant Catalog ID XTMPTP Participants and Users Number of Participants 25 Target Audience The targeted audience will be the youth in our community, as well as the active competition shooters. The competitions will draw more youth from the community to participate in the unit and may open doors for them to consider a career in law enforcement. Which Groups Would Be Affected? Mark All That Apply. General Public, Law Enforcement, New Shooters, ROTC/JROTC, Youth 42 of 272 Sub Group Coding All Items Shipped, Ready for Final Report? 2024 State Fund Grants: File Attachments W-9, Signed and Dated No More Than Two Years Old W9 City of Sebastian.pdf IRS Determination Letter, Or Government Agency Letter Or State Nonprofit Registration SKM_C360123083008110.pdf State Nonprofit Organizations Verification of Federal Tax ID Number City of Sebastian Tax Exempt Certificate 2022 - 2027.pdf 43 of 272 MIX HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: September 13, 2023 Agenda Item Title: Approve Shenandoah General Construction, LLC for the Twin Ditches Spillway Stabilization work Recommendation: Staff requests that City Council approve stabilization work of the Twin Ditches spillway by Shenandoah General Construction, LLC and authorize the City Manager or designee to execute all appropriate documents. Baclr,2round: During routine maintenance work, City Staff noticed cracks, spalls, and voids at the Twin Ditches spillway located at the north end of Wimbrow Drive, between 767 Wimbrow Drive and 398 Main Street. The spillway helps regulate stormwater runoff from the City owned drainage ditch to the private development of Collier Club and its eventual outfall into the St. Sebastian River. It appears that the spillway has been damaged due to water intrusion at one of its joints, leading to the erosion and damage of the concrete structure enclosing the drainage pipes. A section of the concrete structure is damaged and at risk of partial collapse. Currently, one small section of the structure has cracked and collapsed. City Staff reached out to three (3) companies for competitive bids in regards to stabilization and repair in accordance with the City's procurement policies. Only Shenandoah General Construction, LLC provided a quote for the work to stabilize the area and repair existing conditions. Two (2) companies were unwilling to provide quotes for the repair work. Shenandoah's bid provides for filling all voids present and raising the collapsed sections of the structure in order to bring the spillway as close as possible back to its original design. This will limit the possibility of future water intrusion and erosion. Shenandoah General Construction is presently under contract with the City of Sebastian, as Council previously approved on March 8, 2023 a piggyback contract onto the Broward College's Storm Drain Cleaning, Repairs and Maintenance, RFP 2018-167-EH. The provided quote falls within the existing piggyback contract the City has with Shenandoah for their pipe slip lining and other miscellaneous repair work. Staff is requesting City Council approval to move forward with the Twin Ditches Spillway Stabilization work and authorize the City Manager or designee to execute all appropriate documents. If ALyenda Item Reauires Expenditure of Funds: Budgeted Amount: $280,725 Total Cost: $17,300 Funding: Discretionary Sales Tax Pipe Slip Lining Project Attachments: 1. Shenandoah Quote for Order 31275 Administrative Services Depa ment Review` 1 t City Attorney Review:, Procurement Division eview, if applicable: City Manager Authorization: Date: 441272 Order 31275 @ August 24, 2023 rSHENANDOAH 'aa)� ,aOP $$,L. SUBMITTED TO: City of Sebastian 1225 Main St Sebastian, FL 32958 (772) 228-7056 CONTACT INFORMATION; Phil Patnode (772) 633-0916 ppatnode@cityofsebastian.org Page 1 of 3 SHENANDOAH GENERAL CONSTRUCTION, LLC 1888 NW 2211d Street Pompano Beach, Florida 33069 Office (853) 448-9939 PROJECT INFORMATION: Sebastian Concrete Spillway Stabilization 767 Wimbrow Drive, Sebastian, FL SHENANDOAH CONTACT INFORMATION: Angel Granados a. granados@shenandoahus. coin 954-254-4104 SHENANDOAH General Construction, LLC ("SHENANDOAH") hereby proposes to furnish all equipment, labor, materials and supervision, unless noted otherwise, to complete the Scope of Work identified below. Payment shall be due Net 30 Days upon completion. This proposal will expire if not accepted within thirty days. Breakdown of Estimated Costs: #96 Construction Foreman (at $55-00 Per Hour) 16 hour(s) $880.00 #97 Equipment Operator (at $150.00 Per Hour) 16 hour(s) $2,400.00 #98 Laborer (at $35.00 Per Hour) 32 hour(s) $1,120.00 #125 Mobilization Fee (at $300.00 Per Hour) I hour(s) $300,00 #118 Pressure Grout injection (1,650 lbs) (at $225.00 Per Joint) 56 Joint $12,600.00 Estimated Total: $17,300.00 SHENANDOAH General Construction, LLC OWNER or Authorized Agent: Authorized Signature Datc Authorized Signaturc Date Name Namc Title Titic P31275-20947-1692912723.pdf 45 of 272 Ordor 31275 @ August 24, 2023 Page 2 of 3 DESCRIPTION OF PROBLEM: Voids and settlement under the concrete slab of the spillway SCOPE OF WORK: SHENANDOAH proposes to use its patented geotechnical "Deep Injection System" system utilizing its lightweight, expansive structural two-part geotechnical polymer URETEK 486STAR material to fill void space and densify weak soils on the whole west side of the concrete spillway and densified soils along two 42" storm drain pipes. The total polymer quantity for this scope of work is estimated at 1,650 pounds. The work area will be monitored to prevent movement of the structure and ground surface by using a laser - level monitoring system. This proposal includes all material, labor, equipment and mobilization for a total estimated cost of $17,300.00. Billing for this project will be based on the Broward College Piggy Back contract but will only account for the actual material used Void fill/underseal 720 SQF of west side concrete spillway 16 Locations with DI to densify soils along storm drain pipes. REFERENCE DOCUMENT(S): None. WORK DESCRIPTION: 1. Request and coordinate underground utility location services through Sunshine One -Call of Florida, Inc. 2. Layout polyurethane grout injection points in accordance with the injection plan. 3. Install one-half ('/2) inch diameter tubing to facilitate grout injection. 4. Inject polyurethane grout into the ground utilizing the injection rods / injectors. 5. Monitor the structure during grout injection through the use of lasers, string lines, levels, straight edges or other monitoring devices to monitor for unintentional lift 6. Upon completion of the injection and after allowing adequate time for curing, drilled holes in concrete surfaces are filled to grade with a concrete patch or epoxy gel if applicable. All other repairs are excluded. WORKING CONDITIONS: 1. The work will be performed during regular business hours. 2. Access must be provided for our polymer injection rig to be staged within 250' of the furthest injection point. SPECIAL CONDITIONS: None. CHANGES TO WORK: Changes to the Work shall be made only upon written change orders. However, in the event additional Work is performed without written change order, but with the knowledge and acquiescence of Buyer, such Work shall be considered to have been performed pursuant to a written change order, the price term being the unit prices stated herein. CHANGED CONDITIONS: If the conditions under which the Work is to be performed are discovered to be materially different than those indicated in the Contract Documents or are materially different from the conditions ordinarily encountered and generally recognized as inherent in the Work, then SHENANDOAH shall give prompt notice to the Buyer and an equitable adjustment to the Contract Price shall be made. PAYMENT: The balance of the Contract Price becomes due in accordance with the payment terms stated herein. In the event Buyer fails to pay as agreed, Buyer shall pay late charges of 18% per annum, or at the highest rate allowed by law in the applicable state, whichever is lower. SHENANDOAH shall have the right to stop Work immediately and without notice in the event payment is not made as it becomes due under the terms of this Contract. The contract price and the schedule shall be equitably adjusted for any such delay. An additional fee of 2.5% will apply if a credit card is used for payment. P31275-20947-1692912723.pdf 46 of 272 Order 31275 @ August 24, 2023 Page 3 of 3 SEVERABILI TY: If any one or more provisions of this Contract is determined to be invalid or void, such determination shall not affect the validity or enforceability of any other provision of this Contract. CLAIMS: Written notice of any claim of any kind based in contract or warranty must be made to SHENANDOAH in writing within six months after the discovery of the injury or the claim shall be barred SHENANDOAH shall not be liable for any such claim not reported to SHENANDOAH in writing within six months after the injury was discovered or should have been discovered by the claimant. INSURANCE: SHENANDOAH shall maintain insurance of the types and in the amounts required by law, including, but not limited to Comprehensive General Liability and Workers' compensation insurance. Buyer shall maintain its own liability insurance as required by law, as consistent within industry standards, or as stated in the attached insurance rider, if any, whichever is greater. Buyer shall also purchase and maintain builder's risk, "all risk" or an equivalent policy in the amount of the initial Contract Price. Each party shall provide updated Certificates of Insurance to the other party upon written request. CONSEQUENTIAL DAMAGES: The parties waive their claims against each other for consequential damages. Consequential damages as defined herein include, but are not limited to, the following: damages incurred by the Buyer for rental expenses and losses of use, income, financing, business and productivity; and damages incurred by SHENANDOAH for home office overhead, and losses of business, financing and profits from other potential projects. DISPUTES: If SHENANDOAH incurs costs related to the Buyer's failure to make timely payment or related to any other legal dispute with Buyer related in any way to the Work or the Contract, SHENANDOAH shall be entitled to recover from Buyer all such costs, as are reasonable, including but not limited to attorneys' fees. CONFIDENTIALITY: SHENANDOAH and CUSTOMER shall hold in trust and confidence for each other and shall not disclose to any third party, any confidential information of either party. Confidential information is information which relates to SHENANDOAH's or CUSTOMER's research, development, trade secrets, methodologies, property characteristics, company or business -related information, project proposals, project quotes, contractual terms or business affairs. CUSTOMER hereby acknowledges that during the performance of this AGREEMENT, CUSTOMER may learn or receive SHENANDOAH confidential information and therefore CUSTOMER hereby confirms that all such information relating to the SHENANDOAH's business will be kept confidential by CUSTOMER, except to the extent that such information is required to be divulged to the CUSTOMER's clerical or support staff or associates in order to enable SHENANDOAH to complete the services hereunder. CHAPTER 558, FLORIDA STATUTES: FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558, FLORIDA STATUTES, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. This document is the property of Shenandoah General Construction. It is intended only for the use of the individual or entity to which it is addressed and may contain information that is non-public, proprietary, privileged, confidential and exempt from disclosure under applicable law or may constitute as attorney work product. If you are not the intended rocipiertt, you are hereby notified that any use, dissemination, distribution or copying of (his communication of this document is strictly prohibiled. if you have received this document in error. notify us immediately by telephone (954) 075 0098 or Email: help@shenandoahus.com and destroy this document Immediately. if this is an electronic communication (hen delete immediately. 47 of 272 ",'Y EBASTL HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Mcetin2 Date: September 13, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Gonzalez Family Birthday Party at the Community Center. Background: Maria Gonzalez is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, September 23rd, 2023 from 4:00pm to 11:00pm. Staff has verified applicant's date of birth. They are expecting 65 or less attendees. If Aeenda Item Reouires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if'applicable City Manager Authorization: C Date:JI 91710� D a1 NIA NIA NIA 48 of 272 ano: SE10 � HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 ' For emergency purposes QNLY please dial772.473.0454' Community Center ❑ Yacht Club Cna - i c, 61Dn4-ez_ l c Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) _}. D I n c u., t on .L_2 Physical Address CP�_b(, V�__ CL V State L)4+\ V,). 9 Reason for Rental — Type of Function u Maili g Address (if different) Zip q '? 3 3 1 Phone J E-Mail IkeS ,ram 3 �3 1 e. L., c,) o�. " CL.. ( 05 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) q 2-3 i Z3 1 er" l l rr) Requested Da a Time: lFrom To Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? J NO 3) Will alcoholic beverages be served? H P6 If yes, please provide govt. issued ID proof of age M - 13 1.5 Date of Birth Verified by I, M Z.�.. [{ ,'the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organs ation, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility ' esult in forfeiture, in part or full, of the security deposit. n Haig an ture of A li nt Revised 1 /2021 49 of 272 CITY OF SEBASTIAN 2697 LEISURE SERVICES RECEIPT Name r' ael CA. (� o r% ❑ Cash Date ACheck # 6ZO ❑Credit 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Amount Paid 0.70 �O.00 V.C) - o O cK uf &-ka,t ID`�K�e.. C'omenw�+� Centele 9 'lot o r- Tlax He.1V rn -t)VkLy by �r t P-tfioncl' w, /It he� nllze.Ye,I� S/aq1A3- Ile White - Deot. of Oriain - Yellow - Admin. Svcs. - Pink - Aoolicant 50 of 272 On Ct SEBASTLAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: September 13, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Wallace Family Christmas Party at the Community Center. Background: Zenobia Wallace is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, December 16th, 2023 from 6:00pm to 11:00pm. Staff has verified applicant's date of birth. They are expecting 70 or less attendees. If Agenda Item Requires Exnenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review City Attorney Review: Procurement Division Review, if applicable: .n City Manager Authorization: 0 r y Date: 7/ z/,�-t7 a NIA NIA NIA 51 of 272 aff SE HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 For emergency purposes ONLY, please dial 772,473.0454* Date: S l IQ1 &3 j Community Center ❑ Yacht Club Name of Permittee rl(permitsmayonly be issued to an adult) �� 1� , Physical Address .l Name of Organization (if applicable) Mailing Address (if different) City State Zip Phone Reason for Rental — Type of Funcifibn Zca'ac:'��a„ uLc�1 k�L' E-Mail T1'0 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued 1D proof of age 1yl \LDen Time: Frdm Two tf� Date of Birth Verified by 1�%Y`r i(lt N 1)")1.1 t1,CQ , the undersigned, acknowledge that I am the applicant or authorized agent of the above referbnced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. �- -r� lit :,I ��1,� Ci �l a, Siature of Applicant 52 of 272 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2696 Name /��i� O b �WC:�ifCas�� Date O Check�k n�o� C'ovr►mun�G'-e��e�' ir+�u ChNia�n�'a-�^� a aea�c l2�16 /a-bi4)&M" 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services efC/C u r aLk� -f 0r-I-[tie. coenmunl� CCe4f�.� Al o s, 194s �e�v►m � ke-V b srt v�7=dw��.. Amount Paid 14. 9,Iw ,ZS'O t 00 6100 *J/ Total Paid 0C' Initials White - DeDt. of Orloin - Yellow - Admin. Svcs. - Pink - Aoplicant 53 of 272 Ln L1 SEAT-V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinp- Date: September 13, 2023 AF-enda Item Title: Construction Board Recommendation: Fill one vacant, alternate concerned citizen position — unexpired term to end 9/30/2025 Backp-round: In response to the City Clerk's advertisement, Mr. David Rust has submitted an application. No other applications were received. Attachments: Application, member list, advertisement Administrative Services Department Review: City Attorney Review'{ T City Manager Authorization: `r Date: 9 7 hallaJ r NIA 54 of 272 arroF SEBAST" HOME OF PELICAN ISEAND 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 11-9.07 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:/tr/� /� ,eUf7- Address: City: State:_ Zip: I:FZ`)5�6 Telephone: { 7/7 } 73 - 7IT 3 E-Mail Address: / . /! r� /TB�'��1�� • �b-� Employer: i✓� i Y�r%Pori i — _— - City: State: Zip: Business Telephone: ( } am interested in serving on the following boards)/committee(s)-. I" Choice: , dio/hf7;C0CL'7d, 2na 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 •Flung of frnonclol disclosure is requlred following oppoinrmenr 55 of 272 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) MVJ Why do you want to serve on this board? �Jr�®Alf C Do you presently serve on another City Board or Committee? NO If yes, please list: Have you previously served on any other City Board or Committee? /fl& 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 l 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. hnp:/Jwww.ethics -state.fl.us/ethics/forms.htm I 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, Port 111) and Florida Sunshine Law (Florida Statutes, Chapter 186) Statutes may be reviewed at htto://www.flsenate.eov/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: �14-elf Date: Date Received by City Clerk's Office _ / 1 I ZD2 by: (.t.1,Q?�.r o 56 of 272 MEMBER NAME AND ADDRESS Nicholas Scheskowsky 113 Joy Haven Drive Sebastian, FL 32958 scheskowskv anvahoo.com (561) 324-1205 Jean Carbano 433 Betty Avenue Sebastian, FL 32958 Jeanne41990-aol.com 581-1397 James Fortier —Chair 1301 Dewitt Lane Sebastian, FL 32958 Jamesn.seaoaksbt.com 473-2043 CONSTRUCTION BOARD 3-YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 6:00 P.M. POSITION Electrical Contractor Position Regular Concerned Citizen Position Plumber Position APPOINTMENT HISTORY Reappointed 10/12/2022 Took Bulla's position 10/14/2020 Reappointed 10/14/2020 Reappointed 10/11/17 Reappointed 9/10/14 Reappointed 10/12/11 Reappointed 9/24/08 Reappointed 9/14/05 Took Stuart Houston's position 6/13/01 Reappointed 9/22/2021 Reappointed 10/10/2018 Reappointed 9/9/2015 Reappointed 9/26/2012 Took Reyes position 3/23/11 CURRENT STATUS Term to expire 9/30/2025 Term to expire 9/30/2023 Term to expire 9/30/2024 57 of 272 Joseph Harrison 480 Concha Drive Sebastian, FL 32958 iosephsharrison(@hotmail.com (561)252-9536 VACANT VACANT Richard Wilcher 221 Midvale Terrace Sebastian, FL 32958 iohniaviehosafat(a)gmail.com (240) 695-3163 Engineer or Architect Position Regular Contractor Position HARV Contractor Regular Member Contractor Apptd 5/25/2022 Crockett's position Dalessandro's position Reappointed 9122/2021 Appt reg member 1 /812020 Apptd alt member 7/11/18 Took Zullo's position Term to expire 9/30/2024 Term to expire 9/30/2024 Term to expire 9/30/2022 Term to expire 9/30/2024 VACANT Alternate Roberts' position Term to expire Concerned 9/30/2025 Citizen Position VACANT Alternate Wilcher's position Term to expire Contractor 9/30/2022 Position Per Code 26-198 — Building Official, Wayne Eseltine, shall initiate proceedings, make recommendations, report on each matter. 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. Revised 9.5.2023 58 of 272 CRY cc SIESW ft 1.. 54 �� - HOME OF PELICAN ISLAND June 19, 2023 Contact: Jeanette Williams 388-8215 PRESS RELEASE CONSTRUCTION BOARD The Sebastian City Council is accepting applications for the following volunteer positions on the Construction Board: One Regular Member, Contractor Position — Term expiring 912024 One Regular Member, HARV Contractor Position — Term expiring 912025 One Alternate Member, Contractor Position — Term expiring 912025 One Alternate Member, Concerned Citizen Position — Term expiring 912025 The Construction Board provides advice to City Council on any matter affecting contractors or the construction industry within the corporate limits of the City. Applicants must have been City residents one year prior to application. Please be advised these positions are subject to financial reporting requirements. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Application forms are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 am and 4:30 pm or downloaded from www.cityofsebastian.org Applications will be accepted until the positions are filled 901 59 of 272 OTT OF SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: September 13, 2023 Agenda Item Title: Fair Housing Training and CDBG Program Review Recommendation: N\A Background: The City of Sebastian is holding a Fair Housing Training for the public and providing a progress update on the activities being implemented under the CDBG 2023 Annual Action Plan (AAP). The City is seeking input from potential stakeholders, community - based organizations, non -profits, local governments, low-income residents and the general public on the current program and the needs of low-income citizens. The 2023 CDBG funds will be utilized within the City limits to rehabilitate owner -occupied homes that benefit low -to -moderate (LMl) income (80% Area Median Income) citizens of the City. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: NIA Total Cost: N\A Funds to Be Utilized for Appropriation: N\A Attachments: 1. Public Notice (Attachment A) 2. CDBG Program Synopsis (Attachment B) 3. Power Point Presentation Administrative Services Department Review: l City Attorney Rev' w: j Procurement Division Review, if applicable: A/A City Manager Authorization: _ Date: q/? /."0.) 3 60 of 272 91612023, 5:21:54 PM Text of Ad: 08121/2023 --------------------------------- CITY OF SEBASTIAN, FLORIDA Attachment A PUBLIC HEARING NOTICE FAIR HOUSING AND CDBG PROGRAM REVIEW The City of Sebastian is hold- ing a Fair Housing training for the public. The City will also present a progress update on the activities being imple- mented under the 2023 Annu- al Action Plan (AAP). The City is seeking input from poten- tial stakeholders, community — based organizations, no- n -profits, local governments, low-income residents and the general public on the current program and the needs of lo- w-income citizens. The City shall use its 2023 CDBG funds within City limits to rehabilitate owner -occu- pied homes that benefit low — to -moderate (LMI) income (80% Area Median Income) citizens of the City. The public is invited to review the draft 2023 AAP online at www.citvo sebastian.orq. To view a hard copy of the plan, request further information concerning the public hearing or to submit written comment please contact Ms. Michelle Faulkner, Community Develop- ment Department at phone: (772) 388-8220 or email: mfaulk_ ner@citvofsebastian.ora . The public hearing to receive citizen views concerning the community's economic and com- munity development needs will be held at the City Council Chambers, 1225 Main Street, Se- bastian, Florida on Wednesday September 13, 2023 at 6:00 p.m., or as soon thereafter as possible. The public hearing is being con- ducted in a disability accessible location. Any person requiring special accommodation (ADA) for a disability at the time of the meetingg must call the City at least 72 hours in advance at (772) 589-5330. Any person re- quiring an interpreter for the hearing impaired or the visually impaired (statewide toll -free MD call in number is 800-955- 8771), or any non-Enolish speak- ing person, or any disabled per- son requiring special accommo- dation at this meeting should contact the person listed above at least five (5) calendar days prior to the meeting City of Sebastian City Council Fair Housing/Disability Access Jurisdiction and Equal Opportu- nity Employer CIUDAD DE SEBASTIAN, FLORIDA AVISO DE AUDIENCIA PUBLICA REVIs16N DEL PROGRAMA DE VIVIENDA JUSTA Y CDBG La Ciudad de Sebastian estb Ilevando a cabo una capacitaci6n de Vivienda Justa para el pOblico. La Ciudad tambi6n presentarb una actualizaci6n del progreso sobre las actividades que se estbn implementando bajo el Plan de Acc16n Anual (AAP) 2023. La Ciu- dad estb buscando aportes de posibles partes Interesadas, or- ganizaciones comunitarias, or- 61 of 272 gdnrcduones snr nnes ue rucro, gobiernos locales, residentes de bajos ingresos y el publico en general sobre el programa ac- tual y las necesidades de los ciu- dadanos de bajos ingresos. La Ciudad utilizar6 sus fondos de CDBG 2023 dentro de los Ilmites de la Ciudad para rehabilitarho- gares ocupados por sus propie- tarios que beneficien a ciudada- nos de ingresos bajos a modera- dos (LMI) (80% de ingresos me- dios del &ea) de la Ciudad. Se invita al publico a revisar el borrador de la AAP 2023 en linea en www.citvofsr.bastian.o rg. Para ver una copra impresa del plan, solicrtar m65 informaci6n sobre la audiencia publics o enviar comentarios por escrrto, comuniquese con la Sra. Michelle Faulkner, del Departamento de Desarrollo Comunitario al tel6fono: (772) 388-8220 o correo electr6nico: mfaulkner0dwofsebastian.orn . La audiencia p6blica para recibir opiniones ciudadanas sobre las necesidades econ6micas yy de desarrollo comunitario de la comunidad se Ilevar6 a cabo en las C6maras del Concejo Munici- pal, 1225 Main Street, Sebastian, Florida, el midreoles, 13 de septiembre del 2023 a las 6:00 p.m., o tan pronto Como sea posible. La audiencia p6blica se est6 Ilevando a cabo en un I accesible para discapacitados. Cualquier persona que requiera adaptaci6n especial (ADA) por una discapacidad en el momenta de la reuni6n debe Ilamar a la Ciudad con al menos 72 horas de anticipaci6n al (772) 589-5330. Cualquier persona que requiera un intdrprete para per- sonas con discapacidad auditiva o visual (la Ilamada TDD gratuita en todo el estado es 800-955- 8771), o cualquier persona que no hable ingles, o cualquier per- sona discapacitada que requiera alojamiento especial en esta reuni6n debe comunicarse con la persona mencionada anteriormente al menos cinco (5) dias calendario antes de la reuni6n. Ciudad de Sebasti6n Ayuntamiento Jurisdicd6n de Vivienda Justa/ Acceso para Discapadtados y Empleador de Igualdad de Oportunidades Pub: Aug 27, 2023 TCNS806060 62 of 272 M lr PSTLA HOME OF PELICAN ISLAND CDBG PROGRAM SYNOPSIS (9/13123) t PROGRAM NATIONAL OBJECTIVES: r———————— — — — — —— mfaulkner 91612023, 5:22:11 PH I---------------------------------- Attachment B I I I-------.-..----_ — Elimination of neighborhood blight via the rehabilitation of homeowner occupied housing units within the City limits of Sebastian. Utilize Funding to benefit to ELI, VLI, LMI, elderly, disabled, and veteran households Allowable rehabilitation includes but is not limited to: Code1HQS corrections; Accessibility additions/corrections; and Hurricane hardening & weatherization repairs. Program (Activity) Year 2022-2023: Housing rehabilitation program funding availability notice to the public (interested homeowners and licensed building contractors) was published in the Indian River Press Journal on October 26, 2021. Program orientations were held for interested homeowners and contractors on November 5. 2021. The Program Application period was open for 60 days (January 2022). Three (3) Contractor applications were received, vetted, and found to be program eligible. • Two (2) of the three eligible contractors are certified WIMBE firms. -Six (6) homeowner applications were received. -Five (5) of the received applications were vetted and found to be program eligible. One (1) of the received applications was vetted and found to exceed the allowing program household income limits. -One (1) homeowner withdrew from the program (personal family reasons) -A total of four (4) homeowners were served. HUD required demographic tracking data breakouts are as follows: • The total number of households served: Four (4). • ELI (30% of AMI) Households served: One (1). • VLI (50% of AMI) Households served: One (1) • LMI (80% of AMI) Households served: Two (2) + No (0) applicants are designated as veterans. + No (0) applicants are designated as disabled. • One (1) applicant is designated elderly (62+ years of age). • Three (3) applicants are designated female head of household. PY 22-23 CDBG Housing Rehabilitation Construction Budget: $105,974.65 PY 22-23 CDBG Actual Construction Funds Expensed for all four (4) projects : $92,725.09 PY 22-23 CDBG Actual Funds to be carried over to PY 23-24 : $13,249.56 All four (4) projects completed and successfully closed out. The average cost per project was: $23,181.27 ,, )f 272 Housing rehabilitation program funding availability notice to the public (interested homeowners and licensed building contractors) was published in the Indian River Press Journal on November 11, 2022. Program orientations were held for interested homeowners and contractors on December 9, 2022. The Program Homeowner Application period was open for 60 days (February 2023). Seven (7) Contractor applications were received, vetted, and found to be program eligible. • Two (2) of the seven eligible contractors are certified W/MBE firms. -Nine (9) homeowner applications were received. -Nine (9) of the received applications were vetted found to be program eligible. -All nine (9) projects have undergone bid activity. HUD required demographic tracking data breakouts are as follows: • The total number of households served: Nine (9). • ELI (30% of AMI) Households served: Three (3). • VLI (50% of AMI) Households served: Four (4) • LMI (80% of AMI) Households served: Two (2) • No (0) applicants are designated as veterans. • Three (3) applicants are designated as disabled. • Two (2) applicant is designated elderly (62+ years of age). • Eight (8) applicants are designated female head of household. -Homeowner and contractor home rehabilitation agreements/contracts are set for execution on -or -before September 30, 2023. PENDING AAP UPDATE APPROVALS, PY 23-24 CDBG Housing Rehabilitation Construction Budget: TBD, -END- 64 of 272 %MLf Fair Housing Workshop SEBAST Brought to you by City of Sebastian HOME OF PELICAN ISLAND and Guardian Community Resource Management, Inc. 112t EQUAL. HOUSING OPPORTUNfTY Community Development Block Grant September 13, 2023 ��e 4-1 P"w 0 N N N N 4-y O Fair Housing Act SEBAST 0%z ; HOME OF PELICAN ISLAND EQUAL HOUSING OPPORTUNITY The Fair Housing Act (Title VIII Civil Rights 1968) was established to protect people from discrimination when purchasing or renting a property as a residence. -Fair Housing Ordinance -Florida Chapter 760 FS -CDBG Award Agreement i Fair Housing Act SEBAST" HOME OF PELICAN ISLAND EQUAL HOUSING OPPORTUNITY It is illegal to discriminate based on the race, color, religion, sex, national origin, handicap or familial status when renting, selling or financing a home or property You Have Rights!! If you feel you have been discriminated against when buying or renting a home, at the end of this presentation we will provide you with a contact who can help you follow up on your situation. �4 0 N J N %inCf SEBAS-TIALN HOME OF PELICAN ISLAND ��e Fair Housing Act 11 EQUAL HOUSING OPPORTUNITY Who Is Not Protected C;C�1RDI6� Discrimination based on the following factors are not covered by the Fair Housing Act • Age • Martial Status • Sexual Orientation • Source of Income • Criminal History, including Sexual Offenders, and Juvenile offenders • Non -recovering users of illegal substances N N 4. O 00 110 in Of SEW — k- N HOME OF PELICAN ISLAND Fair Housing Act EQUAL HOUSING OPPORTUNITY Excludes • An owner -occupied building with up to four units • A home sold or rented by the owner as long as he or she does not own more than three homes or use a real estate agent or has not sold a home in the last 24 months. • A housing development operated by an organization or club. 11�0 • A qualified housing development for 55+adults 0 N J N CmLf Under the Fair Housing Act SEIVkSTI,AN It Is Against The Law To HOME OF PELICAN ISLAND 12r ECIUAL HOUSING OPPORTUNITY Advertise housing to preferred groups of people only; UARUI • Threaten, coerce, intimidate, or interfere with someone who is advocating for his or her fair housing rights; • Impose different terms or conditions on a mortgage loan; • Make assumptions about your ability to pay based only on your race or national origin; Note: A bank does not have to loan you money if you cannot show that you can repay that loan; W Ask a person with a disability to prove he/she can live independently. �-M L Under the Fair Housing Act It Is Against The Law To HOME OF PELICAN ISLAND 112t EQUAL HOUSING OPPORTUNITY - Show you apartments or homes in certain neighborhoods only; - Ask you about a disability unless you are requesting an accommodation or applying for housing that gives priority to persons with disabilities; Ask you to provide more documentation than is necessary to prove your disability and its connection to your requested reasonable accommodation; - Refuse a reasonable accommodation unless it is not related to the person's disability or it would fundamentally alter the nature of the provider's operations or would impose an undue financial and administrative burden. �1�0 N J N jnf SEBASTL HOME OF PELICAN ISLAND 12t EQUAL HOUSING OPPORTUNITY �'o Fair Housing Act Filing a Complaint 202-708-1455 (TTY) I-IUARnl f2t EQUAL HOUSING OPPORTUNITY JI) LT EBASTtAN HOME OF PELICAN ISLAND 0 w 0 N J N Fair Housing Act QUESTIONS? c�v 12r EQUAL HOUSING OPPORTUNITY / LTYL''Y HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: Aqenda Item Title Recommendation: September 13, 2023 Community Development Block Grant (CDBG) Annual Accounting Amendment for FY 2021/2022 Action Plan Staff recommends approval of the Community Development Block Grant (CDBG) Annual Amendment for FY 2021/2022 Action Plan Backqround: It was determined that an amendment to the Annual Action Plan (AAP) is required to reflect line -item accounting changes. These changes are not considered substantial amendments but rather a reflection of a delay in activities prevented by COVID 19 restrictions. Funding not expended in the program year allocated, is required to be reflected in the next program year as available funding for the identified and approved activity. The AAP has been amended to reflect these available funds within the appropriate plan year under the approved activity. If Aqenda Item Requires Expenditure of Funds: Total Cost: NIA Fund to Be Utilized for Appropriation: NIA Attachments: 1. Amended Annual Action Plan (FY 2021/2022) 2. Public notice 3. Power Point Presentation Administrative Services Depa ment Review: 1 1 _ r7 City Attorney Review: _ /r Procurement Division iew, if applicable: /►�/ City Manager Authorization: Date: q17 Ila,4 74 of 272 AMENDED ANNUAL ACTION PLAN 2021-2022 CgY OF SE��T�N HOME OF PELICAN ISLAND ANNUAL ACTION PLAN 2021-2022 Prepared by: Guardian CRM Inc City of Sebastian Annual Action Plan, June 23, 2021 Amended July 27 2022 Amended September 13, 2023 75 of 272 AMENDED ANNUAL ACTION PLAN 2021-2022 I. EXECUTIVE SUMMARY The plan is being amended to reflect line -item accounting changes. These changes are not considered substantial amendments, but rather a reflection of a delay in activities due to COVID-19 restrictions. HUD requires that Annual Action Plans (AAPs) be amended to reflect accurate end of year accounting. The City of Sebastian Community Development Department is pleased to present the Third Year Annual Action Plan for 2021. This plan addresses programs for the Community Development Block Grant (CDBG) funding provided by the U.S. Department of Housing and Urban Development and identifies the second programmatic year specific objectives and outcomes. To provide a suitable living environment This includes improving the safety and livability of neighborhoods; increasing access to quality facilities and services; reducing the isolation of income groups within areas by de -concentrating housing opportunities and revitalizing deteriorating neighborhoods; restoring and preserving natural and physical features of special value for historical, architectural, or aesthetic reasons; and conserving energy resources. To provide decent housing Included within this broad goal are the following: assist homeless persons in obtaining affordable housing; retain the affordable housing stock; increase the availability of permanent housing that is affordable to low- and moderate -income residents without discrimination; and increase supportive housing the includes structural features and services to enable persons with special needs to live in dignity. lu To expand economic onnortunities Within this goal are creating jobs accessible to low and very low-income persons; providing access to credit for community development that promotes long term economic and social viability; and empowering low- income persons in federally assisted or public housing to achieve self sufficiency. II. CITIZEN PARTICIPATION This plan was created through consultation with various agencies and public hearings open to the public for comment on the needs of low- to moderate -income persons in the City. There was a public hearing and a public notice comment period where the plan was posted on the official website. The City also recently did a city-wide needs survey and preserving housing stock was a high priority. Moving all the funds to housing means that the City will achieve 100% LMI benefit which helps in the overall 5-year goal of benefiting LMI with 70% of the funds. The City has not received any written comments relative to the CDBG program, and if any are received, they will be documented in future Action Plans. III. RESOURCES The City is slated to receive an allocation for the CDBG program for FY2021 of $133,517. Table 1: Funding Sources Funding Source Amount Community Development Block Grant $133,517.00 City of Sebastian Annual Action Plan, June 23, 2021 Amended July 27 2022 Amended September 13, 2023 2 76 of 272 AMENDED ANNUAL ACTION PLAN 2021-2022 IV. ANNUAL OBJECTIVES The City wishes to keep the program simple to meet the national objective of benefiting low- and moderate - income persons through housing and eliminating blighted/deteriorated public facilities. The goals and objectives to be carried out during the action plan period are indicated by placing a check in the following boxes: Objective Category ® Objective Category: Suitable ❑ Objective Category: Decent Housing Living Environment Expanded Economic Opportunities Which includes: assisting homeless persons obtain affordable housing assisting persons at risk of becoming homeless Which includes: ® improving the safety and livability of neighborhoods ® eliminating blighting influences and the deterioration of property and facilities Which includes: ❑ job creation and retention in retaining the affordable housing 0 increasing the access to quality ❑ stock public and private facilities increasing the availability of affordable permanent housing in standard condition to low- income and moderate -income families, particularly to members of disadvantaged minorities without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability increasing the supply of supportive housing which includes structural features and services to enable persons with special needs (including persons with HIVIADOS) to live in dignity and independence providing affordable housing that is accessible to job opportunities ❑ reducing the isolation of ❑ income groups within areas through spatial deconcentration of housing opportunities for lower income persons and the revitalization of deteriorating neighborhoods ❑ restoring and preserving ❑ properties of special historic, architectural, or aesthetic value I ❑ conserving energy resources ❑ and use of renewable energy sources establishment, stabilization and expansion of small business (including micro - businesses) the provision of public services concerned with employment the provision of jobs to low- income persons living in areas affected by those programs and activities under programs covered by the plan availability of mortgage financing for low income persons at reasonable rates using non-discriminatory lending practices access to capital and credit for development activities that promote the long-term economic social viability of the community Due to delays in program implementation due to the COVID-19 pandemic, the City was not able to complete the programmed activities within the program year. Therefore, PY2021 funds will be rolled forward to PY2022 as follows: City of Sebastian Annual Action Plan, June 23, 2021 Amended July 27 2022 Amended September 13, 2023 3 77 of 272 AMENDED ANNUAL ACTION PLAN 2021-2022 Activity Amount Home Repair Program for Veterans, Elderly and Disabled $112,276.00 Administration $10,365.00 Table 2. 2021 CDBG Activities Activity Amount Home Repair Program for Veterans, Elderly and Disabled $114,825.00 Administration $18,692.00 The City of Sebastian's Community Development Department staffs are the lead agency for the development and implementation of the Consolidated Plan and the Annual Action Plan. City Staff, stakeholders, and the City Council itself have all worked in cooperation for the development of the plan. V. DESCRIPTION OF ACTIVITIES PROJECT I — HOME REPAIR PROGRAM FOR VETERANS, ELDERLY AND THE DISABLED (Housing will be 100% LMI benefit.) City Wide application for LMI Veterans, Elderly and the Disabled 1. Description: Provision of home rehabilitation work targets; veterans, the elderly and the disabled. This will be the only activity this activity this year due to cost of addressing safe, health, code compliant homes. Home rehab applicants must undergo a rigorous income qualification to be eligible. Five homes have been qualified. During the COVID outbreak, material and other cost are going up rapidly. So, costs are increasing. There is more need than budget, so the City will narrow the current scopes of work to health and safety priorities and then allow the applicants to reapply for more repairs in future years to be as fair as possible and assist as many applicants as possible. 2. Completion date: September 30, 2023. 3. Service Area: City-wide. 4. Outcome Indicator: Rehab 3 LMI Households for Code, Safety and ADA needs. 5. Outcome Statement: No major findings, and timely expenditure of funds. Benefit to 3 LMI households. VI. GEOGRAPHIC DISTRIBUTION/ALLOCATION PRIORITIES To further the objectives of the grant, it is necessary to identify the location of neighborhoods by Block Groups where most households are very- low, low- or moderate- income households. The Block Groups that have a population where the percent of low- income households is greater than 50% are illustrated on the map below and are listed as: • Block Group 3 of Census Tract 508.08 (55.92% LMI) • Block Group 2 of Census Tract 508.06 (54.75% LMI) • Block Group I of Census Tract 508.08 (60,26% LMI) • Block Group I of Census Tract 508.06 (54.22% LMI) • Block Group 2 of Census Tract 508.05 (50.51% LMI) Refer to the Consolidated Plan Chapter 1 for census tract maps. City of Sebastian Annual Action Plan, June 23, 2021 Amended July 27 2022 Amended September 13, 2023 4 78 of 272 AMENDED ANNUAL ACTION PLAN 2021-2022 VII. ANNUAL AFFORDABLE HOUSING GOALS The City will support Indian River County's established goals relative to housing. The City seeks to support the County's use SHIP and other state funded programs developed through Housing Trust Funds for the provision of affordable housing. VIII. PUBLIC HOUSING The City will participate in any Public Housing needs assessment process to address needs and planned activities. IX. HOMELESS AND SPECIAL NEEDS The City of Sebastian does not receive public or private funds to address homeless needs. However, the City will provide technical assistance and staff support to the Treasure Coast Homeless Services Council. X. BARRIERS TO AFFORDABLE HOUSING The City will continue to support Comprehensive PIan and Land Development Code changes that address housing needs identified: • Regulatory barriers including zoning regulations and impact fees. • Need for additional affordable housing units. Strategies to remove these regulatory barriers include changing regulations to allocate density bonuses for developments that will build affordable units. Also, local municipalities may choose to refund impact fees and other fees like building permit fees. The Shimberg Center projects that over the next five, ten, and fifteen years the need for housing, while affordable in Sebastian will continue to grow. The projected needs based upon households paying 50% or more of their income for housing costs. Refer to the Consolidated Plan Chapter 2 for Shimberg Center the projected affordable housing need. XI. OTHER ACTIONS Antivoverty strateav The City will coordinate with various agencies whenever possible for activities like employment outreach and training to respond to individuals and families. Lead Based Paint The City will continue to coordinate with the State Department of Health whenever to ensure that structures in the housing program (as applicable) with lead based painted are properly remediated. XIL CDBG PROGRAM SPECIFIC REQUIREMENTS Of primary note, the City does not expect to generate or receive any program income from CDBG funded projects. There is not any program income received in a preceding year program. The City does not have a Section 108 loan. Surplus funds are not applicable in this annual action plan. City of Sebastian Annual Action Plan, June 23, 2021 5 Amended July 27 2022 Amended September 13, 2023 79 of 272 AMENDED ANNUAL ACTION PLAN 2021-2022 There are $122,641 of unexpended CDBG grant funds from PY2021. There is not income from float -funded activities. None of the projects listed in this action plan are categorized as "Urgent Need" per the HUD regulations. The City will ensure that over a three-year period, 70% of CDBG funds are utilized for activities that benefit low - and moderate- income persons. City of Sebastian Annual Action Plan, June 23, 2021 6 Amended July 27 2022 Amended September 13, 2023 80 of 272 Treasure Coast Newspapers PARTOF THE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL 32958 STATE OF WiSCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Indian River Press Journal, published in Indian River County, Florida: that the attached copy of advertisement, being a Public Notices was published on the publicly accessible website of Indian River County, Florida, or in a newspaper by print In the Issues of, on: 08106=23 Affiant further says that the website or newspaper complies with all legal requirements for publication In chapter 50. Florida Statutes. Subscribed and sworn to before me, by the legal deny who Is parsonally kn to me, on August 6, 2023: /�"C..nty �92� Notary, State o of Brown My commission expires KAITLYN FEL Notary Public State Of Wisconsin Publication Cost: $212.04 Ad No:0005789687 Customer No:1309471 PO #: CDB 2021/2022 S # of Affidavilsl CIUDAD DE SEBASTIAN, FLORIDA AVISO OELL PERIODO DE COMENTARIOS PtlBLICOS PLAN DE ACCI N ANUAL MODIACADO DEL CDB 2021/2022 La Ciudad de Sebastian est6 adoptando el Plan de Acd6n Anual (AAP) 2021/2022 enmendado pars cumplir con los requishos de la Subvend6n en Bloque para el Desarrollo Comunitarto (CDBG). El AAP anterior se est3 modificando para reflejar los cambios contables en las partidas. Estes cambios no se consideran enmi- endas sustanciales, sino m6s blen un refle)o de un retraso en las actividades debido a las restricctones de COVID•19. La Ciudad estb buscando aportes de posibles partes Interesadas y del pubtico sobre las necesidades de los; ciudadanos de bajos ingre- sos. Estes fondos deben ser utilizados pars uno de los sigulentes prop6sitos 1. Para benefidar a personas de ingresos bales a moderadoa, o 2. Ayudar en , prevend6n o eliminad6n de barrios marginales o plagar o 3. Para satisfacer otras necesidades de desarrollo comunitario de partkutar urgenda porque las condidorm existentes representan una amenaza grave e inmed)ata pare la salud o el bienestar de la comunidad. Se Ilevard a Cabo una audienda p0blica el 13 de septlembre de 2023 a las 6:00 pm o tan pronto Como se escudte posterlormente en City Hall Chambers en 122S Main Street Se- bastian Floridaa,, 32958 para quo las organizadonas comunitarlas yy el pp0blico brinden Informad6n sobre tos AAP despuds de quo flnattce el perfodo de comentartos. La AAP enmendada se ha desarrollado sobre la base de esas comentarlos. Las actividades proppuestas Induuyyeen reparaciones de viviendas para veteranos, andanos y necesidades espedatesy aceras yy contras comerdales peatonates dentro del Area de Reurbanizacl6n Comunitaria. Se invita at publico a revisar el borrador de la AAP enmendada en lines en wSNSN 4ityoasti��.grg. Para ver coplas impresas, Commun Lariio a[ ttensfoorro: (77a Sra. Dse 2) 388,8228 o correoreeledctr6nllmorcolto Ifraziera tyofsebastian.org . La audlenda p6bika se esta ilevando a cabo en un Lugar auesible para dkca citados. Cualquier persona que requiera adaptactones es ales (ADA) par una discaaaddad en el memento de la reuni6n debe Ilamar a la Cludad con at mends 72 horas de anticipaci6n al M) 589-5330. Cualquier persona que requiera un intdrprete para personas con dlscapadclad auditiva o visual (al numero de Ilamadas TDD gratuito en todo el estado es 800.955-8771), o cualquter persona que no hable ingl6s, o cualquier persona discapacitada que requiera una adaptacl6n especial en esta reunl6n debe comunicarse con la persona mendonada anteriormente al mends cinco (5) dias calendario antes de la reuni6n. Ciudad de Sebastian Ayuntamiento Jurisdlcci6n de Vivienda Justa/Accesc pare Discapadtados y Emplea 3or de Igualdad de Oportunidades Publish_ 88l16622 TCN5789687 81 of 272 Trea_sure Coast Newspapers PARTOFTHE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL 32958 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Indian River Press Journal, published in Indian River County, Florida: that the attached copy of advertisement, being a Public Notices was published on the publicly accessible website of Indian River County, Florida, or in a newspaper by print In the issues of, on: 08/06/2023 CITY OF SEBASTIAN. FLORIDA PUBLIC COMMENT PERIOD NOTICE 2021/2022 CDBG AMENDED ANNUAL ACTION PLAN The City of Sebastian is adopting Amended 2021/2022 Annual Action Plan (AAP) to meet entitlement Community Develop- ment Block Grant (CDBG) requirements. The foregoing AAP Is being amended to reflect line -item accounting changes. These changes are not conslddred substantial amendments, but rather a reflection of a delay in activities due to COVID-19 restrictions. The City is seekI input from potential stakeholders and the public on the needs of low-income citizens. These funds must be used for one of the following purposes: 1. To benefit low -to -moderate income persons; or 2. To aid in the prevention or elimination of slums or blight; or 3. To meet other community development needs of a particular urgency because existing conditions pose a serious and Immediate threat to the health or welfare of the community as hearing lll be�etrIeat oor ssoon as may be heardthereafter In Chambersn 1225 Main StreetSebastian Florida, 32958 for community or- ganaations and public to provide input into the AAPs after ARiant further says that the website or newspaper complies with the comment period ends. The Amended AAP has been devel- y wspap� oped based upon those comments. Activities proposed Include all legal requirements for publication in chapter 50, Florida housing repa€rs for veterans, elderly and special needs and side- Slatute5. walks and pedestrian malls within the Community Redevelop- ment Area. Subscribed and swam to before me, by the legal dark, who is personally known to me, on August 6,,2,q23. Notary, State of WI. County of Bro 3i7/07 My commission expires KAITLYN FELTY Notary Public State of Wisconsin Publication Cost: $184.68 Ad No: 0005789710 Customer No: 1309471 PO #: 2021/2022 CDBG # of Affidavits'! The public is Invited to review the draft AAP online at WOoOt.�+ ofsebastian.org, To view a hard copy please contact Ms. Lisa Frazier, Community Development Director at phone: (772) 388- 8228 or email: IfrQVer0fty4fs9b?A1an.0jg-. The Public hearing is being conducted in a disability accessible location. Any person requiring special accommodation (ADA) for a disability at the time of the meeting must call the City at least 72 hours in advance at (772) 589-5330. Any person requlr- ing an interpreter for the hearing impaired or the visually Im- paired (statewide toll -free MD call in number Is 800.955-8771), or any non-"fnlish speakingg person, or any disabled person re- quiring spel Taccommodat[on at this meeting should contact the person Wed above at least five (5) calendar days prior to the meeting City of Sebastian Cityy Council Fah Housing/Disability Access Jurisdiction and Publish: 8J62023 Equal Opportunity Employer TCNS789710 82 of 272 Amended Action Plan 2021 =2022 10/0 1 /21 = 9/30/22 City of Sebastian and Guardian Community Resource Management, Inc. September 13, 2023 Community Development Block Grants r� - --- 0*, Original Funding - $133,517 11�1.1 Roll Over FY 20/21 - $130,668.86 ; II Less spent - $141,554.90 Total Remaining - $122,640.96 w _ . KA UrO National Objectives Benefit to LMI persons �� Census or survey for indirect -4w benefit Income verification for direct benefit Elimination of slum and blight Urgent needs Entitlement Community Development Block Grants - Budget Activity Amount Home Repair Program for Veterans, Elderly and Disabled $112,275 Administration $10,365.96 -polgosip puo AlJapla 'suoaajan 11 puo IIA of /C�iaoiad q�!m splouasnou IWl inol o� jijaua9 :�uawa�o. S awoo�np apinn-A�i::) : oaay aainaaS *sai�!I gosip u�inn auoauaos aol sjuaWanoadwi Gut aglow of uoijotijlgouaa apnloui Aoua saiodaa auaoH 'suoaa4an jol poobjojaoAAuoi o l i o as auaou 10 uolsInoad .uoi�dljosaQ palgosi0 aut puo Apeaw 'suoaa a Jo uolooi ddo a i �C i � /1I1N� � .� ,I p.M �.0 (3319VS10 3H1 ONV A1S3013 'SNVS313A Soo WVNOONd NlVd3S 3WOH - L 1o3fo8d saiadall auaoH - L AIIAII:)V 1J ONO 5EBAST ` HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinq Date Aqenda Item Title: September 13, 2023 Community Development Block Grant (CDBG) Annual Action Plan for FY 2023/2024 Public Hearing and Adoption of Resolution No. R-23-19 Recommendation: Staff recommends approval of the Community Development Block Grant (CDBG) Annual Action Plan for FY 2023/2024 through the adoption of Resolution No. R-23-19 Backqround: On July 13, 2023, the City of Sebastian received notification of Fiscal Year (FY) 2023 allocations for the CDBG program through the Office of Community Planning and Developments (CPD) formula programs in the amount of $128,152. The allocated funding will be incorporated into the established Home Repair/Rehabilitation program for Veterans, Elderly and the Disabled. Including this funding into the existing program will save time and resources in making these funds more readily available. The City is required to adopt an Annual Action Plan for the expenditure of allocated funds in accordance with the 5-year Consolidated Plan adopted on August 15, 2019. ACTION PLAN FOR 202312024 : Community Development Block Grant $128,152.00 PROPOSED ALLOCATIONS Home Repair Program for Veterans, Elderly and Disabled $102,522.00 Administration $ 25,630.00 HUD allows up to 20% for administration costs for the program. The estimated amount to benefit low- and moderate -income persons for the CDBG Program is 80%. Funds not dispersed within the annual allocation must be spent within three (3) years. The City expects no displacement of families, individuals, or businesses to occur as a result of the activities. Should displacement occur as a result of any project or activity, the City will follow the regulations of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Action Plan has been developed using an estimate of the amount of 2023 CDBG entitlement funding that the City anticipates receiving from the U.S. Department of Housing and Urban Development (HUD). Funding amount revisions will be made to the activities in the Action Plan should the exact amount of funding awarded by HUD differ from this estimate. Priority activities will remain the same regardless of the amount of funding received from HUD. The City will adhere to the Citizen Participation Plan amendment requirements if an activity will be added to or cancelled from the Action Plan. The City may also use unprogrammed CDBG monies to fund 2023 CDBG activities as needed or/or until the 2023 funds are made available from HUD. There were no comments presented to the Community Development Department in regards to the allocation of funds during the 14 day commenting period. 88 of 272 Resolution No. R-23-19 provides for: (1) Approval of the 2023/2024 Annual Action Plan; (2) and authority for the Mayor to execute and transmit all required documents to the U.S. Department of Housing and Urban Development. If Agenda Item Requires Expenditure of Funds: Total Cost: 128,152.00 Fund to Be Utilized for Appropriation: 128,152.00 (CDBG) Attachments: 1. Resolution No. R-23-19 2. Annual Action Plan (FY 202312024) 3. Public Notice 4. HUD Award Letter 5. Power Point Presentation Administrative Services Department Review:' E 'mil• i City Attorney Review: Procurement Division Review, if applicable: �V/A City Manager Authorization: Date: I / l d a-) 89 of 272 RESOLUTION NO. R-23-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2023/2024 ANNUAL ACTION PLAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICTS, SCRIVENER'S ERRORS AND AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Housing and Urban Development Fiscal Year 2023 allocations from the Office of Community Planning and Development's (CPD) formula programs provide funding for housing, community and economic development activities, and assistance for low and moderate income persons and special needs populations; WHEREAS the U.S. Department of Housing and Urban Development Fiscal Year 2023 allocations for the City of Sebastian are in the amount of $128,152; and WHEREAS, the City of Sebastian has prepared the 2023/2024 Annual Action Plan pursuant to all requirements of the U.S. Department of Housing and Urban Development; and WHEREAS, Notice of the Public Hearing regarding the Annual Action Plan was published in a newspaper of general circulation according to law; and WHEREAS, the Annual Action Plan was made available for public review and comments prior to the adoption by City Council of the City of Sebastian City Hall and on the City's website; and WHEREAS, the City of Sebastian conducted a public hearing on September 13, 2023, for citizen review and comment; and WHEREAS, the proposed CDBG projects and activities are consistent with the U.S. Housing and Urban Development's National Objectives. NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS: 90 of 272 Section 1. RECITALS/LEGISLATIVE FINDINGS/INTENT. (a) The City Council of the City of Sebastian hereby adopts and incorporates the recitals above in the Whereas Clauses to this Resolution, and the City Council Agenda Memorandum relating this Resolution. (b) The above recitals set forth in the Whereas Clauses of this Resolution are adopted by the City Council as legislative findings and the intent of the City Council. (c). The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising the Resolution. Section 2. APPROVAL AND AUTHORIZATION. (a) The 2023/2024 Annual Action Plan is hereby approved. (b) The City Manager is hereby authorized to execute and transmit all required documents to the U.S. Department of Housing and Urban Development. Section 3. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. This resolution shall become effective upon adoption. 91 of 272 The forgoing Resolution was moved for adoption by . The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this 130' day of September 2023. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Fred Jones, Mayor Approved as to form and legality. Jennifer Cockcroft City Attorney 92 of 272 ANNUAL ACTION PLAN 2023-2024 CITY OF SEE V A N HOME OF PELICAN ISLAND ANNUAL ACTION PLAN 2023-2024 by: Guardian CRM Inc City of Sebastian Annual Action Plan Adopted September 13, 2023 93 of 272 ANNUAL ACTION PLAN 2023-2024 I. EXECUTIVE SUMMARY The City of Sebastian Community Development Department is pleased to present the Fifth Year Annual Action Plan for 2023. This plan addresses programs for the Community Development Block Grant (CDBG) funding provided by the U.S. Department of Housing and Urban Development and identifies the second programmatic year specific objectives and outcomes. To provide a suitable living environment This includes improving the safety and livability of neighborhoods; increasing access to quality facilities and services; reducing the isolation of income �grp ps within areas by de -concentrating housing opportunities and revitalizing deteriorating neighb ,r-h ods; restoring and preserving natural and physical features of special value for historical, archidteeiiltal or aesthetic reasons; and conserving energy resources. To provide decent housing Included within this broad goal are the f 1lowing: assist homele��;persons in obtaining affordable housing; retain the affordable housing stoVls increase the availability`�� Renmanent housing that is affordable to low and moderate income residents without <discriminatidk 'ind increase supportive housing the includes structural features and sem'7's . to ,finable persons with"O' cial needs to live in dignity. To expand economic opportunities Within this goal are creating jobs ace essiblelo'116w...and very -how. -income persons; providing access to credit for community-Aevelopment t promo`es long term,,economic and social viability; and empowering low- come persons in fed assisted oi.public hottemg to achieve self sufficiency. 11.�!CITIZEN PARTICIPATION This plan was ereated through co su t.4tion :-with -various \Agencies and public hearings open to the public for comment on the needsz-o` *.- and moderate-inco c persons;in the City. There was a public hearing and a public nonce co ent `period whete the plan u%as _posted on, the official website. The City also conducted a city-wide needs survey Anpreserving housing stock- was a high priority. Moving all the funds to housing means that the City will achieve .00% LMI benefit'which'tei 1ps in the overall 5-year goal of benefiting LMI with 70% of the funds. The City has not received. any written comments relative to the CDBG program, and if any are received, they will be documented in future Xction Plans: III. RESOURCES The City is slated to receive an allocation for the CDBG program for FY 2023 of $128,152. Table 1: Funding Sources Funding Source Amount Community Development Block Grant $128,152 City of Sebastian Annual Action Plan Adopted September 13, 2023 2 94 of 272 ANNUAL ACTION PLAN 2023-2024 IV. ANNUAL OBJECTIVES The City wishes to keep the program simple to meet the national objective of benefiting low- and moderate - income persons through housing and eliminating blighted/deteriorated public facilities. The goals and objectives to be carried out during the action plan period are indicated by placing a check in the following boxes: Objective Category X Decent Housing Which includes: assisting homeless persons obtain affordable housing assisting persons at risk of ❑ becoming homeless Objective Category: Suitable ❑ Living Environment Which includes: improving the safety and ❑ livability of neighborhoods eliminating blighting ❑ influences and the deterioration of property and facilities retaining the affordable housing increasing the access to quality ❑ stock public and private facilities increasing the availability of affordable permanent housing in standard condition to low- income and moderate -income families, particularly to members of disadvantaged minorities without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability increasing the supply of supportive housing which includes structural features and services to enable persons with special needs (including persons with HIV/ADOS) to live in dignity and independence providing affordable housing that is accessible to job opportunities Table 2: 2023 CDBG Activities �] reducing the isolation of income groups within areas through spatial deconeentration of housing opportunities for lower income persons and the revitalization of deteriorating neighborhoods ❑ restoring and preserving properties of special historic, architectural, or aesthetic value ■❑ u ❑ conserving energy resources ❑ and use of renewable energy sources City of Sebastian Annual Action Plan Adopted September 13, 2023 3 Objective Category: Expanded Economic Opportunities Which includes: job creation and retention establishment, stabilization and expansion of small business (including micro - businesses) the provision of public services concerned with employment the provision of jobs to low- income persons living in areas affected by those programs and activities under programs covered by the plan availability of mortgage financing for low income persons at reasonable rates using non-discriminatory lending practices access to capital and credit for development activities that promote the long-term economic social viability of the community 95 of 272 Activity Home Repair Program for Veterans, Elderly and Disabled Administration ANNUAL ACTION PLAN 2023-2024 Amount $102,522 $25,630 The City of Sebastian's Community Development Department is the lead agency for the development and implementation of the Consolidated Plan and the Annual Action Plan. City staff, stakeholders, and the City Council itself have all worked in cooperation for the development of the plan. V. DESCRIPTION OF ACTIVITIES PROJECT 1— HOME REPAIR PROGRAM FOR VETERANS,:ELDERLY AND THE DISABLED (Housing will be 100% LMI benefit.) , City Wide application for LMI Veterans, Elderly and theAisabied 1. Description: Provision of home rehabilitatioR'work targets; veterans, the, elderly and the disabled. This will be the only activity this activity this year due to cost of addressing safe, health, code compliant homes. Home rehab applicants must undergo a pious income -qualification Q;.b eligible. 2. Completion date: September 30, 2024' �` `�' 3. Service Area: City-wide. 4. Outcome Indicator: Rehab two LMTotikeholds for Code;,Afety and ADA needs. 5. Outcome Statement: Retaining afford`atle housing stock. VI. GE©/GRASP[C. DISTRIBUTIOWIALT7Q:CATIO�T PRIORITIES To further the objectives o�fi#h6_grant, it _ _necessary iq� identify the location of neighborhoods by Block Groups where most households are very - low, to �!Or moderate -`income households. The Block Groups tbit have a populktioti Iwhere-the percent :o illustrated on :the'map below-4nd are listed as: • Block. Group 3 of Censu$ Tract 508 08 (55.92% LMI) • Block`Group 2 of Census - ct 508'b6,J(34.75% LMI) • Block Grrou l._ of Census Tr ct 508.08 �'6,0.26% LMI) • Block Group,;IofCensus Tract'508.06 (54.22% LMI) • Block Group 2 of Census Traci. $Q8.05 (50.51 % LMI) Refer to the Consolidated P1an;Cha( ter._1 for census tract maps. low- income households is greater than 50% are VII. ANNUAL AFFORDABLE HOUSING GOALS The City will support Indian River County's established goals relative to housing. The City seeks to support the County's use SHIP and other state funded programs developed through Housing Trust Funds for the provision of affordable housing. VIII. PUBLIC HOUSING City of Sebastian Annual Action Plan Adopted September 13, 2023 4 96 of 272 ANNUAL ACTION PLAN 2023-2024 The City will participate in any Public Housing needs assessment process to address needs and planned activities. IX. HOMELESS AND SPECIAL NEEDS The City does not receive public or private funds to address homeless needs. However, the City will provide technical assistance and staff support to the Treasure Coast Homeless Services Council. X. BARRIERS TO AFFORDABLE HOUSING The City will continue to support Comprehensive Plan and Land Development Code changes that address housing needs identified: • Regulatory barriers including zoning regulations and impact fees. • Need for additional affordable housing units. Strategies to remove these regulatory barriers include changing regulations to allocate density bonuses for developments that will build affordable units. Also, local municipalities may choose to refund impact fees and other fees like building permit fees. The Shimberg Center projects that over the next five, ten, and fifteen years the need for housing, while affordable in Sebastian will continue to grow. The projected needs based upon households paying 50% or more of their income for housing costs. Refer to the Consolidated Plan Chapter 2 for Shimberg Center the projected affordable housing need. XI. OTHER ACTIONS Antipoverty strategy The City will coordinate with various agencies whenever possible for activities like employment outreach and training to respond to individuals and families. Lead Based Paint The City will continue to coordinate with the State Department of Health whenever to ensure that structures in the housing program (as applicable) with lead based painted are properly remediated. XII. CDBG PROGRAM SPECIFIC REQUIREMENTS Of primary note, the City does not expect to generate or receive any program income from CDBG funded projects. There is not any program income received in a preceding year program. The City does not have a Section 108 loan. Surplus funds are not applicable in this annual action plan. If there are unexpended funds from prior years, this plan will be amended to reflect same. There is no income from float -funded activities. None of the projects listed in this action plan are categorized as "Urgent Need" per the HUD regulations. The City will ensure that over a three-year period, 70% of CDBG funds are utilized for activities that benefit low - and moderate- income persons. City of Sebastian Annual Action Plan 5 Adopted September 13, 2023 97 of 272 Treasure Coast Ni,;=ov .1yapers PART OFTHE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION CiTY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL 32958 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she Is the Legal Coordinator of the Indian River Press Journal, published In Indian River County, Florida: that the attached copy of advertisement, being a Public Notices was published on the publicly accessible website of Indian River County, Florida, or in a newspaper by print In the Issues of, on: 08/0612023 CITY OF SEBASTIAN, FLORIDA PUBLIC COMMENT PERIOD NOTICE 2023/2024 CDBG ANNUAL ACTION PLAN The City of Sebastian is adopting its 2023/2024 Annual Action Plan (AAP) to meet entitlement Community Development Block Grant (CDBG) requirements. The City is seeking input from po- tential stakeholders and the puhlic on the needs of low-income citizens. These funds must be used for one of the following pur- poses: 1. To benefit low -to -moderate Income persorw or 2. To aid in the prevention or elimination of slums or blight; or 3. To meet other community development needs of a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community will oasnsngheiaptr nClesnr as soon be ardherefeiity HaChambers 1225 Main Street Sebastian Florida, 32958 for community or- gantzatioru and the public to provide input Into the AAP after the comment period ends. The AAP has been developed based upon those comments. Activities proposed include housing re- pairs for veterans, elderly and special needs. Afflant further says that the website or newspaper complies with The public Is invited to review the draft AAP online at www.city all legal requirements for publication In chapter 50, Florida offsebastian.oro. To view a hard copy please contact NIL Lisa Statutes Frazier, Community Development Director at phone: (772) 388- 8228 or email: lIL4*e►0_dPjofse?astta^ ofg.. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on August 6, 2023: Notary, State of WI, Countyd of Bra al -2/1i My commission expires KAITLYN FELTY Notary Public State of Wisconsin Publication Cost: $167.58 Ad No:0005789639 Customer No: 1309471 PO 9: PUBLIC NOTICE 9 of Affidavilsl The public hearing is being conducted In a disability accessible location. Any person requiring special accommodation (ADA) for a disability at the time of the meeting must call the City at least 72 hours in advance at (772) 589-5330. Any person requir- iI an interpreter for the hearing Impaired or the visually im- paired (statewide toll -free TDD call in number is 800A55-8771), or any non•Ertglish speaking person, or any disabled person re - Ion speda accommoda Ion at this meetingshould contact the person listed above at least five (5) calendar days prior to the meeting. Ci of Sebastian CoUndl Fair HousingMisabil y Access Jurisdiction and Publish: er6rz023 Equal Opportunity Employer TCN5789639 98 of 272 Treasure Coast Nt.: A vapers PART OFTHE USA70DAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL 32958 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Indian River Press Journal, published in Indian River County, Florida: that the attached copy of advertisement, being a Public Notices was published on the publicly accessible website of Indian River County, Florida, or In a newspaper by print In the issues of, on: 08/0612023 Affiant further says that the websfte or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subacribed and sworn to before me, by the legal clerk, who is personally known tome, on August 6, 2023: Notary. State of 1, County of Brown / My commission expires KAITLYN FELTY Notary Public State Of Wisconsin Publication Cost: $194.94 Ad No:0005782672 Customer No:1309471 PO #: PUBLIC NOTICE # of Affidavits'! CIUDAD DE SEBASTIAN, FLORIDA AVISO DEL PERIODO DE COMENTARIOS PUBUCOS PLAN DE ACC16N ANUAL DEL am 2023J2o24 La Ciudad de Sebastian est8 adopptando su Plan de Aai6n Anual (AAP) 2023/2024 para cumplir con los requisitos de la Subvenci6n en Bloque para el Desarrollo Comunitarlo (COBG). La Ciudad est8 buscando aportes de posrtWes panes interesadas y del publlco sobre las neaesidades de los ctudadanos de bajos ingresos. Estos fondos deben ser utilizedos para uno de los si- gulentes prop6sitos: 1. Para beneficiar a personas de ingresos bajos a moderados; o 2. Ayudar en la prevend6n o eliminad6n de barrios «earglnales o plagas; o 3. Para satWacer otras necesidades de desarroilo comunitario de particular urgenda porque las condi clones existentes representan una amenaza grave e irtmediata pare la salad o el bienestar de la comunidad. Se llevarb a Cabo una audienda p6blica el 13 de septiembre de 2023 a las 6.00 p m. o tan pronto Como se escudre posterlormente en City Hall Chambers an 1225 Main Street, Se- bastian Florida, 329SB ppaare qua las organizaciones comunitarias y el p0blico brinden informad6n a la AAP despuEs de que finalise el parlodo de comentarios. La AAP se ha desarrollado sobre la base de esos comentarios. Las actividades propuestas lncluyen reparaciones de viviendas para veterans, andanos y necesidades especiales. Se invite al ptiblico a revisar el borrador de la AAP an Ilnea en www.citvofsebaSti n.o(y Para ver una copia irnpresa, comuniquese con la Ira Usa Frazier. Directora de Desarmlto Comunitarlo al tglefgno: (M) 388-8228 o correo electr6nico: ffrazier@citvofsebman& La ar aaesiblee pare di cacppaaacitndo�s. ICualaulder a persona qua requan un iera adaptadones esPeclales (ADA) per una�discapsgc&iaden el memento de la reunl6n debe Ilamar a la Ciudad con al menos 72 horas de antidpad6n al (772) SB9-S330. Cualquier persona qua requiera un Int&prete para personas con discapacidad auditiva o visual (el numero de Ilamadas TDD gratulto en todo at estado es 800.955-9771), o cualquier persona qua no hable inghK o cualquier persona discappachada que requiera una adaptac16n especial en esta reunidn debe comunicarse con la persona mandonada anteriormente al mens cinco (5) dies calendario antes de la reunidn. Ciudad de Sebastian Ayuntamiento Jurisdicd6n de Vivienda Justa/Acoeso Para Discapacitados y Emppleador de Igualdad de Oportunidades Publish: BJ6J2023 TCN5789672 99 of 272 U.S. DEPART'AW—NT OF HOUSING AND URBAN DEVIELOPhiENT {ulll`I ♦ WASHINGTON. DC 20410-7000 PRUMPAL DEPUTY ASSISTANT SECRETARY FOR COMMUNITY n AN\ NG AND DEVELOPXIENT February 27, 2023 The Honorable Fred Jones Mayor of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mayor Jones: Congratulations! I am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2023 allocations for the Office of Community Planning and Development's (CPD) formula programs. Your jurisdiction's FY 2023 available amounts are as follows: CPD Programs: Amount Community Development Block Grant (CDBG) $128,152 Emergency Solutions Grant (ESG) $0 HOME Investment Partnerships (HOME) $0 Housing Opportunities for Persons With AIDS (HOPWA) $0 CDBG Recovery Housing Program (RHP) $0 These grant funds provide the financial tools to support individuals, families, and communities to address homelessness, affordable housing challenges, aging infrastructure, and economic hardships. CPD is committed to being your partner throughout the process of using these funds. Our local office will assist in finalizing grant agreements, offer technical assistance and training when needed, and monitor and implement grant funds for eligible projects in a timely manner. We will work with you to ensure proper reporting in the Integrated Disbursement and Information System (IRIS) so we can together improve performance data on how these programs are benefitting and touching people's lives, build trust with stakeholder groups and Congress, and amplify the success stories that you and your jurisdiction are able to accomplish with these vital resources. Based on your jurisdiction's CDBG allocation for this year and outstanding Section 108 balances as of February 27, 2023, you also have $640,760 in available Section 108 borrowing authority. Since Section 108 loans are federally guaranteed, this program can leverage your jurisdiction's existing CDBG funding to access low -interest, long-term financing to invest in your jurisdiction. www.hud.gov espanol.hud gov 100 of 272 FA Thank you for your continued interest in CPD programs, I greatly appreciate your leadership in using these funds to address your most urgent housing and community development needs, including preventing and reducing homelessness. If you or any member of your staff have questions, please contact your local CPD Field Director. Sincerely, Marion Mollegen McFadden Principal Deputy Assistant Secretary for Community Planning and Development 101 of 272 Action Plai 2023m2O24 City of Sebastian and Guardian Community Res( Management, Inc. September 1 3, 2023 C= m CQ 3- CD �. Q (D o Q O V) C 3 Q Q c3` CO :3o (D 3 CD N n Q O �o�o� 0 -moo 3 Q Q CD -�oc — -n (AQ o r � n C _+ <� � (D � U) N O N Oo N tnririement uommuni Development Block Grants - Budget Activity Amount Home Repair Program for $102,522 Veterans, Elderly and Disabled [Administration $25,630 O 4'_ 4 Activity 1 -Home Repairs PROJECT 1 - HOME REPAIR PROGRAM FOR VETERANS, ELDERLY AND THE DISABLED City Wide application for LMI Veterans, Elderly and the Disabled Description: Provision of home rehabilitation work targeted for veterans. Home repairs may include rehabilitation to make the improvements for someone with disabilities. Service Area: City-wide Outcome Statement: Benefit to four LMI households with priority to VLI and LI veterans, elderly and disabled. D � n o 77 -. 0 c —� Qo �o c CT (D Q -- - 00 101 an Of SE�LYAN HOME OF PELICAN 15LAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: September 13, 2023 Agenda Item Title: Approval of Ordinance 0-23-08, Chapter 110 Waterways Recommendation: Hold a Second and Final Public Hearing for Adoption of Ordinance 0-23-08. Background: The City of Sebastian has applied for a grant from Florida Inland Navigation District (FIND) to modify the Twin Piers into a Marine Law Enforcement facility. In accordance with the FIND requirements, all permits must be secured by September 18, 2023 in order to be in compliance with the grant request. The COS Code of Ordinance Chapter 110 addresses Waterways and in particular the time period of mooring of vessels to municipal docks and piers (See. 110-44). Staff has modified this section in order to be in compliance with the proposed facility but to also bring the entire code into compliance with local regulations and State statutes. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: Ordinance 0-23-08, Chapter 110 Waterways Administrative Services Depart ment Review:' 1� City Attorney Review: 6 Procurement Division Review_ if annlieable: A11.4 City Manager Authorization: Date: 107 of 272 ORDINANCE 0-23-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO WATERWAYS; AMENDING THE CODE OF ORDINANCES CHAPTER 110 WATERWAYS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to allow the location and operation of a Marine Law Enforcement facility in the City; and WHEREAS, the City Council has determined that existing City facilities are appropriate to serve the requested purpose for permanent housing of Marine Law Enforcement vessels at the Twin Piers Municipal docks; and WHEREAS, the City Council has determined that amendments are required to the City of Sebastian Code of Ordinances in order to accommodate this facility; and WHEREAS, the City Council fords 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, Florida, as follows: Section 1. Legislative and Administrative Findings. The recitals set forth above in the "Whereas Clauses" are hereby adopted as legislative findings of the City Council of the City of Sebastian. Section 2. Revisions to the City of Sebastian Code of Ordinances, Chapter 110. Chapter 110 of the City of Sebastian Code of Ordinances is revised and amended to read as follows: Chapter 110 WATERWAYS' ARTICLE I. IN GENERAL Sec.110-1. Authority of city to regulate waterways. The city shall have the right to regulate the use of all waterways within the city limits and the conduct of all persons using such waterways, not in conflict with federal or state regulations. All ordinances of the city regulating the conduct of persons on land shall also apply to persons using waterways, insofar as such ordinances are applicable. (Code 1980, § 6-3) State law reference(s) — F.S. 327.60 108 of 272 Sec.11O-2. Penalty for violations of chapter. Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished as provided in section 1-10 of this Code. (Code 1980, § 6-15) Sec. 120-3. Authority to make safety inspections. No officer shall board any vessel to make a safety inspection if the owner or operator is not aboard, unless the officer reasonably believes that such vessel has been abandoned. When the owner or operator is aboard, an officer may board a vessel with consent or when he has probable cause or knowledge to believe that a violation of a provision of this chapter or state law has occurred or is occurring. Secs.11O-4-110-30. Reserved. ARTICLE 11. WATERCRAF72 Sec.11O-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat or vessel means and includes every description of self-propelled watercraft used or capable of being used as a means of transportation on water, including all types of boats and all uses thereof. As used in this article, the terms "boat" and "vessel" are synonymous with the term "watercraft." Boat lift. A boat lift is a structure used for storing boats on or above the water, which may extend from a seawall, the shore or a dock over the water. Boat lifts shall be considered a boat mooring space. Boat mooring space. A boat mooring space is any place where a boat is moored. A covered boat mooring space is a structure constructed over the water used for the covering or sheltering of boats. The structure may extend from a seawall, dock or the shore over the water. A covered boat mooring space has only a roof, with no walls or floor. Commercial boat means and includes any watercraft used, maintained or operated for profit. Commercial fishing boat means and includes any watercraft engaged in fishing whereby fish caught are sold for profit, either by the owner, operator or other person. Commercial marina means a licensed facility for docking watercraft and/or providing services to watercraft and the occupants thereof, including minor servicing and repair to boats while in or out of the water, and sale of fuel and supplies. Docks which are accessory to residential uses where no boat -related services are rendered shall not be considered marinas. Commercial vessel means a vessel used as a place of business or a professional or other commercial enterprise, and does not include any commercial fishing vessel as defined in F.S. § 327.02. 2Cross reference(s)—Traffic and vehicles, ch. 98. State law reference(s)—Vessel registration and safety, F.S. ch. 327. 109 of 272 Floating structure means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes including, but not limited to, a residence, place of business or office with public access, a hotel or motel, a restaurant or lounge, a clubhouse, a meeting facility, a storage or parking facility, a mining platform, a dredge or dragline. Incidental movement upon water or resting partially or entirely on the bottom of a waterbody does not preclude such an entity from classification as a floating structure. Live -aboard vessel means: (1) A vessel used solely as a residence and not for navigation; (2) A vessel for which a declaration of domicile has been filed pursuant to F.S. § 222.17; or (3) A vessel used as a residence that does not have an effective means of propulsion for safe navigation. A commercial fishing vessel is expressly excluded from the term "live -aboard vessel." Marina. A place for docking pleasure boats or providing services to pleasure boats and the occupants thereof, including servicing and repair to boats, sale of fuel and supplies, and provision of food, beverages, and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel, or similar use, where docking of boats and provision of services thereto, is incidental to other activities shall not be considered a marina, nor boat docks accessory to a multiple dwelling where no boat -related services are rendered. Marine facilities. Marine facilities are docks, piers, launch, marine pavilions, marine platforms, boat lifts, covered boat mooring spaces and similar facilities. Moor means to secure a vessel or boat by line, cable or other device to any boat slip, dock, pier, wharf, dockage space or docking facility in such manner as to assure the security of such vessel. Fueling stops are not included in this definition. Municipal docks means any bulkheads, walls, docks, approaches and appurtenances which the city owns or may construct from time to time on property owned or acquired for that purpose. Private watercraft means and includes any boat or vessel used for pleasure by the owner or others, where no charge is made for fishing or riding upon such vessel. Short-term berths means any boat slips, piers, docks, wharves or other dockage spaces or facilities designated at the municipal docks for the mooring of a boat for a period not to exceed 12 continuous hours. Sightseeing boat means and includes any watercraft engaged in transporting the public for hire on waterways within the city limits for sightseeing purposes. Waters of the city includes all rivers, lakes, streams, ponds and canals within the territorial limits of the city and under its jurisdiction, except the Florida Intracoastal Waterway, as described in F.S. § 327.02, as amended from time to time. (Code 1980, § 6-1) Sec.110-32. Compliance with chapter. For the protection of property owners, the general public, and owners and operators of watercraft in the city, all watercraft of any type whatsoever, operated on or moored, docked or anchored at any place in the lakes, canals, rivers, bays or waters within the corporate limits of city and the owners, operators or occupants thereof, shall be governed by and observe the provisions of this chapter. (Code 1980, § 6-2) 110 of 272 Sec.110-33. Evidence of identity of violator. In any prosecution charging a violation of any provision of this chapter governing the operation, mooring, docking or anchoring of watercraft, proof that the particular watercraft described in the citation or summons was violating a provision of this chapter, together with proof that the operator thereof was not present at the time a violation was observed, or was present and did not identify himself as the operator, or denied that he was the operator, the person in whose name such watercraft is registered shall be held prima facie responsible for such violation. (Code 1980, § 6-4) Sec.110-34. Recognition of federal rules and regulations. All operators of watercraft are hereby charged with knowledge of and compliance with all enacted or amended regulations of the U.S. Coast Guard, U.S. Army Corps of Engineers, and other federal agencies governing boats, docks, or waterways. (Code 1980, § 6-5) Sec. 110-35. Compliance with state rules and regulations governing boats. All operators of watercraft are hereby charged with knowledge of and compliance with all rules and regulations of the state governing the licensing, operation and title certification of boats, including F.S. chs. 327 and 328, as amended. Under no circumstances shall any vessel anchor or moor in areas that have been determined by the Florida Department of Environmental Protection as protected areas for wildlife and plant life in the submerged lands. (Code 1980, § 6-6; Ord. No. 0-01-13, § 2, 7-11-01) Sec. 110-36. Speed restrictions; water activities prohibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a speed greater than "slow -down minimum wake" as defined by Florida law, at all times such boat is within one hundred fifty (150) feet of a bridge, dock, pier, wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River which has a distance from shore to shore which is three hundred (300) feet or less. (b) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft within three hundred (300) feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any bay estuary, canal or lake within the corporate limits of the city. (c) Except for vessels performing a governmental function, boats powered by an internal combustion engine may not operate upon local waterways, canals and lakes within the city limits of Sebastian, however, the Sebastian River and the Indian River Lagoon are excluded from this restriction. (Code 1980, § 6-8; Ord. No. 0-01-13, § 3, 7-11-01) Sec.110-37. Excessive noise. No operator or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercraft or equipment thereon, including blowers, machinery, motors, horns, etc., on board any watercraft in violation of the nuisance provisions of this Code. 4 111 of 272 (Code 1980, § 6-10; Ord. No. 0-01-13, § 4, 7-11-01) Cross reference(s)—Nuisances, ch. 66. Sec.110-38. Health and sanitation rules; disorderly conduct, etc. All persons on board any watercraft located upon any waterway within the city limits shall comply with all health and sanitary rules or regulations of the city, and all ordinances of the city relating to the conduct of persons, including acts contrary to health, safety, morals or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous noises which disturb the peace. All watercraft utilizing the waters of the city shall be maintained in a seaworthy condition, except when in a permitted repair area. (Code 1980, § 6-9; Ord. No. 0-01-13, § 5, 7-11-01) Cross reference(s)—Health and sanitation, ch. 50. Sec.110-39. Trash disposal. All trash, garbage and other debris accumulated aboard any watercraft moored or docked in the city limits shall be removed from the watercraft and disposed of on land in a proper receptacle to dispose of the items. (a) It shall be unlawful for any person to dump or throw, or cause to be dumped or thrown, any waste material, refuse, trash, petroleum product, or other debris into any waterway of the city. (b) No one shall throw, drop or leave fish, garbage, trash, refuse, bait or other debris on any dock, wall, park, parkway or other premises within the city except in proper receptacles provided for such trash or debris. (c) It shall further be unlawful to dispose of refuse on the bank of any navigable water or tributary or storm drainage facility where the same shall be liable to flow or be washed into such navigable water by either ordinary or high tide or by storms or floods or otherwise. (Code 1980, § 6-11) Cross reference(s)—Health and sanitation, ch. 50; nuisances, ch. 66; solid waste, ch. 86. State law reference(s)—Littering, F.S. § 403.413. Sec.110-40. Equipment for excrement, waste, refuse. No person shall use or maintain living quarters on any motorboat, yacht, houseboat, floating home or any other type of watercraft on any of the waters within the city limits, unless such motorboat, yacht, houseboat, or other watercraft shall be equipped with a holding tank and/or chlorinator -macerator or other equipment sufficient for the purpose of containing all excrement, waste and refuse from such craft, and such wastes shall be disposed of in accordance with the rules and regulations established for the disposal of such wastes, but in no event shall any part thereof be released into any of the waters within the city. (Code 1980, § 6-12) Cross reference(s)—Health and sanitation, ch. 50; nuisances, ch. 66; utilities, ch. 102. Sec. 210-41. Live -aboard vessels and floating structures prohibited. (a) Except as provided in subsection (b) of this section, live -aboard vessels and floating structures as defined in section 14-2 of this chapter are prohibited from anchoring or mooring in the waters of the city; and no 112 of 272 owner of any marina, marine facility, dock, pier or dockage facility of any type shall allow any type of live - aboard vessel or floating structure to be moored in such facility and allow persons to reside or dwell in such vessel or floating structure. (b) The prohibition set forth in subparagraph (a) does not apply to: (1) Commercial fishing vessels as defined in F.S. § 327.02; (2) Marinas with pump -out facilities permitted to have live -aboard vessels under zoning ordinances in existence prior to 2005; (3) Mooring fields constructed, permitted and operated in accordance with the rules established by the Florida Department of Environmental Regulation, whose Mooring Field Management Plan specifically allows the mooring of live -aboard vessels and floating structures in accordance with written agreements between the owners of the vessels or structures and the owner/operator of the mooring field; (4) Dredges and associated scows and equipment actively engaged in dredging operations in the waters of the city, or other similar construction or demolition platforms and equipment performing work under a permit or license granted by an appropriate governmental body or agency. State Law reference— Marine sanitation requirements, F.S. § 327.53. Editor's note(s)—Ord. No. 0-01-13, § 6, adopted July 11, 2001, amended § 110-41, which pertained to the repair of watercraft. The former section has been moved to § 54-2-7.8(b) of the Sebastian Land Development Code. Sec.110-42. Reserved. Editor's note(s)—Ord. No. 0-01-13, § 7, adopted July 11, 2001, amended § 110-42, which pertained to the use of watercraft as a place of business. See Code Comparative Table. Sec. 110-43. Mooring, beaching or placing of watercraft; where prohibited. (a) No vessel or watercraft of any kind whatsoever shall moor to or tie up to a public or private seawall or dock or be beached upon public or private property within the city limits without the permission of the property owner thereof, except in an emergency where necessary to prevent harm to persons or property. (b) No boat or watercraft shall be moored, abandoned, sunk or otherwise placed in such a manner as to impede, restrict or otherwise interfere with the use of private or public docks, launching ramps or other waterfront facilities except in an emergency where necessary to prevent harm to persons or property; however, in the case of an emergency as described in this section, such boat or vessel must be removed within 24 hours of the time said emergency has subsided. Any such craft in violation of this section may, upon request of the owner of the public or private seawall, dock, or property, or his agent, be subject to removal or impoundment. (c) Any boat, vessel or other watercraft which, due to fire, explosion, accident, act of God or other disaster, or abandonment which constitutes a danger to life or property, or a hazard to navigation, shall be subject to removal or impoundment in the manner provided by state law. (d) Any other wrecked or derelict boat having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements is to be disposed of as provided by state law. 113 of 272 State law reference— Abandoned property, F.S. § 705.101 et seq.; abandoned vessels, F.S. § 823.11; 18-21.012 Spoil Islands F.S. (Code 1980, § 6-13) Sec.110-44. Period of mooring to municipal docks and piers. (a) No boat shall moor or tie up to any municipal docks, launching ramps or fishing piers owned by the city exceeding a one -hour limit, within a twenty -four-hour period. At no time shall a boat or watercraft impede or interfere with the use of the public facilities except in the case of an emergency described in Sec, 110-43. (b) Boats or watercraft may utilize public day slips within the city limits for a period not to exceed 24 hours. (c) Government and law enforcement vessels are exempt from this section of the code of ordinances. (Code 1980, § 6-13.1; Ord. No. 0-00-14, § 1, 6-14-00) Cross reference(s)—Streets, sidewalks and other public places, Ch. 90. Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 6. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice -Mayor Christopher Nunn Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2023. 114 of 272 CITY OF SEBASTIAN, FLORIDA By: Fred Jones, Mayor ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq. City Attorney 115 of 272 Lin OF SE IAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: September 13, 2023 Aeenda Item Title: Ordinance 0-23-10 — First Reading and Transmittal Hearing - Request for Comprehensive Plan Text Amendment — City of Sebastian Water Supply Plan Recommendation: Approve Ordinance 0-23-10 on first reading and authorize transmittal to the Florida Department of Economic Opportunity (DEO). Background: Statutory provisions in Chapter 163.3117, Florida Statutes related to comprehensive plans require each local government to adopt a Water Supply Plan and incorporate applicable policies into their Comprehensive Plan. Attachment 2 provides the Project Narrative and Water Supply Work Plan (2023-2035.) The proposed language as presented in the Project Narrative was recommended by the St. John's River Water Management District (SJRWMD) for incorporation into the City's Comprehensive Plan. The Planning and Zoning Commission, sitting as the Local Planning Agency (LPA) on August 17, 2023, held a review and public hearing and recommended approval of the proposed amendments to the City's Comprehensive Plan Infrastructure and Governance & Implementation Elements to be consistent with the Comprehensive Plan 2040, and forwarded a recommendation for the adoption of the requested change to the City Council. The Amendments require review by the Department of Economic Opportunity (DEO). Upon receipt of comments from DEO relative to the Comprehensive Plan Amendments, this Ordinance will be scheduled for a second reading and final public hearing. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: 0 Total Cost: 0 Funds to Be Utilized for Appropriation: NA .Attachments: 1. Ordinance 0-23-10 2. Water Supply Work Plan (2023-2035) and KHA Narrative 3. Draft PZ Commission Minutes Administrative Services Department Review:` i� , 1 City Attorney Review: Procurement Division iew, if applicable: City Manager Authorization: AlkV Date: (/?/ a 14,) 116 of 272 ORDINANCE NO.O-23-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE COMPREHENSIVE PLAN INFRASTRUCTURE AND GOVERNANCE & IMPLEMENTATION ELEMENTS TO INCORPORATE THE CITY OF SEBASTIAN'S WATER SUPPLY WORK PLAN (2023-2035) IN ACCORDANCE WITH STATUTORY PROVISIONS IN CHAPTER 163.3117, FLORIDA STATUTES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, Section 163.3167, Florida Statutes, requires the City of Sebastian to maintain a comprehensive plan to guide its future development and growth; and WHEREAS, the City of Sebastian, Florida has adopted a comprehensive plan known as the City of Sebastian Comprehensive Plan 2040 as adopted by Ordinances 0-98-01, 0-08-10 and 0-21-01 as subsequently amended; and WHEREAS, Section 163,3117, Florida Statutes, requires the City of Sebastian to adopt a Water Supply Plan and incorporate applicable policies into their Comprehensive Plan to ensure that this infrastructure is considered in local decision making; and WHEREAS, this Ordinance will amend the 2040 Comprehensive Plan's Infrastructure and Governance & Implementation elements to incorporate the City of Sebastian's Water Supply Work Plan (2023-2035) in accordance with statutory provisions; and WHEREAS, Section 163.3184 (2), Florida Statutes, require for Comprehensive Plan Amendments of the City of Sebastian follow the expedited state review process in subsection (3); and WHEREAS, the City Council has provided notice of the proposed Comprehensive Plan 2040 Amendment and has conducted the required public hearings to receive citizen input; and, WHEREAS, the Planning and Zoning Commission of the City of Sebastian, acting as the Local Planning Agency, held a public hearing at its duly noticed August 17, 2023 public meeting to consider the proposed Comprehensive Plan Amendment and recommended that City Council adopt the same; and, WHEREAS, the City Council held a public hearing on September 13, 2023 to consider the proposed Comprehensive Plan Amendment, after required advertising of the public hearing; and, WHEREAS, the City Council has reviewed and considered all relevant evidence, information and testimony, as well as the recommendations of the Planning and Zoning Board, witnesses, the public, and City staff and has determined that the proposed Amendment is in compliance with Chapters 163.3184 and 166.041, Florida Statutes; and, WHEREAS, the adoption of the City's Comprehensive Plan furthers the health, safety and welfare of its citizens, local businesses and visitors of the City; and, 117 of 272 WHEREAS, all necessary hearings and public notices, in conformity with the procedural and substantive requirements of Florida Statutes and the Comprehensive Plan have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Ratification of Recitals. The City Council of the City of Sebastian, Florida, hereby adopts and ratifies those matters as set forth in the foregoing recitals. Section 2. Comarehensive Plan Amendment. The Amendment to the City of Sebastian Comprehensive Plan 2040 is hereby adopted amending the Goals, Objectives & Policies for the following elements: Infrastructure and Governance & Implementation elements to incorporate the City of Sebastian's Water Supply Work Plan (2023-2035) as set forth in the attached Exhibit "A". A certified copy of the Sebastian Comprehensive Plan 2040 shall be located in the City Clerk's office. Section 3. Transmittal. The City of Sebastian shall transmit within ten (10) working days, the amendment or amendments and appropriate supporting data and analyses to the reviewing agencies in accordance with 163.3184(3)(b)l, Florida Statutes, and as specified in the State of Florida's Land Planning Agency procedural rules. Also, the City of Sebastian shall transmit a copy of the amendments and supporting data and analyses to any other local government or governmental agency that has filed a written request with the City of Sebastian. Section 4. Severability. The provisions of this Ordinance are intended to be severable. If any provision of this Ordinance is determined to void or declared illegal, invalid, or unconstitutional by a court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. Section 5. Reveal of Laws in Conflict. If any Ordinances, or parts of Ordinances, or if any sections, or parts of sections, of the Ordinances of the City of Sebastian, Florida, are found to be in conflict herewith, this Ordinance shall control to the extent of the conflicting provisions. Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent, may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 7. Effective Date. The effective date of this Plan Amendment, if the Amendment is not timely challenged, shall be thirty-one (31) days after the State Land Planning Agency notifies the City of Sebastian that the plan amendment package is complete. If timely challenged, this Amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a Final Order determining the adopted Amendment to be in compliance in accordance with 166.3184 (3)(c)(4), Florida Statutes. No development orders, development permits, or land uses dependent on this Amendment may be issued or commence before it has become effective. 118 of 272 PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 131h day of September, 2023 by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan ATTEST: Jeanette Williams, MMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2023. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA I0 Fred Jones, Mayor Approved as to form and legality for Reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney This ordinance is effective the day of , 2023, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities. 119 of 272 EXHIBIT A COMPREHENSIVE PLAN AMENDMENTS OBJECTIVE 4-1.6: Water Suoolv Plannina. The Citv shall Dian for its water needs and maintain a Water Suoolv Facilities Work Plan as reauired by Florida Statutes." Policv 4-1.6.1: Particioation in Indian River Countv's Water Suoolv Plannina Efforts. The Citv will monitor and DarticiDate. as necessary. in Indian River Countv's water suDDly Dlannina Drocess to ensure that the Countv's utilitv accounts for and meets the Citv's current and future water needs. Policv 4-1.6.2: Maintain a Water Suoolv Facilities Work Plan. The Citv shall maintain a Water SuDDly Facilities Work Plan (Work Plan) that is coordinated with SJRWMD's Central SDrinas / East Coast Reaional Water SUDDIv Plan (CSEC RWSP). The Work Plan and related comprehensive Dian policies shall be updated. as necessarv. within 18 months of an update of the CSEC RWSP that affects the Citv. in accordance with Section 163.3177(6)(c)3. F.S. Policv 4-1.6.3: Water Suoolv Facilities Work Plan. The Citv's 2023-2035 Water Suoolv Facilities Work Plan, oreDared by Kimlev-Horn and Associates. Inc.. Auaust 2023. is herebv adopted by reference and incorporated into the comprehensive Dian. Policv 4-1.6.4: Water Suoolv Facilities Work Plan Content. The Water SuDDIv Facilities Work Plan shall identifv the traditional and alternative water suDDly Droiects. alona with the water conservation and reuse Dractices. necessary to meet existing and future water demands." Policy 7-1.1.3 Coordination of Development and Growth Management Issues. The City shall pursue resolution of development and growth management issues with impacts transcending the City's political jurisdiction, by participating in the Indian River County Metropolitan Planning Organization (MPO) Technical Advisory Committee. Issues of regional and state significance shall be coordinated with the regional or State agencies having jurisdictional authority as applicable. Issues to be pursued include but are not limited to the following: • Impacts of development proposed in the Comprehensive Plan on Indian River County, adjacent municipalities, the region, or the State. • Indian River County land development activities adjacent to the City's corporate limits. • City of Sebastian land development activities adjacent to the unincorporated area of the County • Potential annexation issues. • Proposed North County central water and wastewater systems. • Area wide drainage and stormwater management master plan, proposed improvements, and implementing programs. • Solid waste disposal • Transportation improvements impacting the City and adjacent areas (especially designated arterials and major collector streets). • Level of service (LOS) standards for infrastructure components identified in the Infrastructure Element system impacting the City and adjacent unincorporated areas. • Natural resource conservation, including the Indian River Lagoon, the St. Sebastian River, and Collier Creek. • Parks and recreation facilities 120 of 272 Coordination and implementation of the FDOT 5-year Transportation Plan and County road improvement strategies managed through the Indian River County Joint Transportation Coordinating Committee. Coordination and implementation of the Indian River Lagoon Comprehensive Conservation and Management Plan for restoring the Indian River Lagoon. Participate in the development of updates to the SJRWMD's Water Supply Assessment and 9+strint Regional Water Supply Plan; and in other water supply development -related initiatives facilitated by the SJRWMD that affects the City." 121 of 272 0IN Of SIVEBASTON HOME OF PELICAN ISLAND City of Sebastian Water Supply Work Plan (2023-2035) PREPARED FOR: The City of Sebastian PREPARED BY: Kimley-Horn and Associates, Inc. Work Authorization No. 21-01-KHA-03 Project Number; 148882004 August 2023 © Kimley-Horn and Associates, Inc. 1777 Main St., Suite 200 Sarasota, Florida 34236 122 of 272 City of Sebastian Water Supply Facilities Work Plan This is to certify that the enclosed engineering calculations were performed under me or my direct supervision. DATE: MADELINE K. KENDER, P.E. #91111 Kimley-Horn and Associates, Inc. 1777 Main Street, Suite 200 Sarasota, FL 34236 CA 00000696 August 4, 2023 123 of 272 City of Sebastian Water Supply Facilities Work Plan TABLE OF CONTENTS 1.0 INTRODUCTION.............................................................................................................................................1 1.1 Statutory History .......................................................................................................................................1 1.2 Statutory Requirements...........................................................................................................................2 2.0 BACKGROUND INFORMATION.....................................................................................................................3 2.1 Overview...................................................................................................................................................3 2.2 Relevant Regional Issues..........................................................................................................................3 3.0 DATA AND ANALYSIS.....................................................................................................................................4 3.1 Population Information............................................................................................................................4 3.2 Maps of Current and Future Areas Served..............................................................................................5 3.3 Potable Water Level of Service Standard................................................................................................8 3.4 Population and Potable Water Demand Projections by Each Local Government or Utility.................8 3.5 Water Supply Provided by Local Government........................................................................................9 3.6 Water Supply Provided by Other Entities................................................................................................9 3.7 Conservation.............................................................................................................................................9 3.7.1 City -Specific Issues..................................................................................................................................10 3.8 Reuse.......................................................................................................................................................10 4.0 CAPITAL IMPROVEMENTS.................................................................................................... ......................11 5.0 GOALS, OBJECTIVES AND POLICIES............................................................................................................11 6.0 SUMMARY...................................................................................................................................................13 7.0 APPENDICIES...............................................................................................................................................14 7.1 Sustainable Sebastian, Natural Resources Board 5-Year Implementation Plan..................................14 7.2 City of Sebastian Capital Improvements Projects.................................................................................22 August 4, 2023 124 of 272 City of Sebastian Water Supply Facilities Work Plan 1.0 INTRODUCTION The purpose of the City of Sebastian Water Supply Facilities Work Plan (Work Plan) is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the local government's jurisdiction. Chapter 163, Part II, F.S., requires local governments to prepare and adopt Work Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Central Springs/East Coast (CS/EC) Water Supply Plan was approved by the St John's Florida Water Management District (SJWMD) on February 8, 2022. Therefore, the deadline for local governments within the Lower East Coast jurisdiction to amend their comprehensive plans to adopt a Work Plan is August 8, 2023. Sebastian is the largest City in Indian River County and is bordered by both the St. Sebastian River and the Indian River Lagoon. The City of Sebastian receives potable water service directly from the Indian River County Utilities Department, which is responsible for ensuring that enough capacity is available for existing and future customers. While the City is not responsible for any of their potable water infrastructure, they make up nearly a tenth of the Sebastian River Watershed and have a direct impact on water resources in the region. Stormwater runoff from this area makes its way to the Indian River Lagoon, a primary surface water basin in the CS/EC region. The City of Sebastian Water Supply Facilities Work Plan (Work Plan) will reference the initiatives identified in the City's Comprehensive Plan 2040, adopted June 2021, as well as initiatives identified by Indian River County. According to state guidelines, the Work Plan and the corresponding comprehensive plan amendment must address the development of traditional and alternative water supplies, bulk sales agreements and conservation and reuse programs that are necessary to serve existing and new development for at least a 10-year planning period. The City of Sebastian Work Plan will have the same planning time schedule as Indian River County's 20-year Work Plan and the CS/EC Water Supply Plan Update. The City's Work Plan is divided into five sections: Section 1 — Introduction Section 2 — Background Information Section 3 — Data and Analysis Section 4 — Work Plan Projects/Capital Improvement Element/Schedule Section 5 — Goals, Objectives, Policies 1.1 Statutory History The Florida Legislature has enacted bills in the 2002, 2004, 2005, and 2011 sessions to address the state's water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida Statutes (F.S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning and water supply planning. August 4, 2023 125 of 272 City of Sebastian Water Supply Facilities Work Plan 1.2 Statutory Requirements Each local government must comply with the following requirements: 1. Coordinate appropriate aspects of its comprehensive plan with the appropriate water management district's regional water supply plan, [163.3177(4)(a), F.S.] 2. Ensure that its future land use plan is based upon availability of adequate water supplies and public facilities and services [s.163.3177(6)(a), F.S., effective July 1, 2005]. Data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet projected growth demands must accompany all proposed Future Land Use Map amendments submitted to the Department for review. 3. Ensure that adequate water supplies and facilities are available to serve new development no later than the date on which the local government anticipates issuing a certificate of occupancy and consult with the applicable water supplier prior to approving building permit, to determine whether adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy [s.163.3180 (2)(a), F.S., effective July 1, 2005]. This "water supply concurrency" is now in effect, and local governments should be complying with the requirement for all new development proposals. In addition, local governments should update their comprehensive plans and land development regulations as soon as possible to address these statutory requirements. The latest point at which the comprehensive plan must be revised to reflect the concurrency requirements is at the time the local government adopts plan amendments to implement the recommendations of the Evaluation and Appraisal Report (EAR). 4. For local govemments subject to a regional water supply plan, revise the General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element (the "Infrastructure Element"), within 18 months after the water management district approves an updated regional water supply plan, to: a. Identify and incorporate the altemative water supply project(s) selected by the local government from projects identified in the CS/EC Regional Water Supply Plan, or the alternative project proposed by the local government under s. 373.0361(7), F.S. [s. 163.3177(6)(c), F.S.]; b. Identify the traditional and alternative water supply projects, bulk sales agreements, and the conservation and reuse programs necessary to meet current and future water use demands within the CS/EC Regional Water Supply Plan [s. 163.3177(6)(c), F.S.]; and c. Update the work plan for at least a 10-year planning period for constructing the public, private, and regional water supply facilities identified in the element as necessary to serve existing and new development. [s. 163.3177(6)(c), F.S.] Amendments to incorporate the water supply facilities work plan into the comprehensive plan are exempt from the twice -a -year amendment limitation. [s. 163.3177(6)(c), F.S.] K August 4, 2023 126 of 272 City of Sebastian Water Supply Facilities Work Plan 5. Revise the Five -Year Schedule of Capital Improvements to include any water supply, reuse, and conservation projects and programs to be implemented during the five-year period. [s. 163.3177(3)(a)4, F.S.] 6. To the extent necessary to maintain internal consistency after making changes described in Paragraph 1 through 5 above, revise the Conservation Element to assess projected water needs and sources for at least a 10-year planning period, considering the CS/EC Regional Water Supply Plan, the applicable District Water Management Plan, as well as applicable consumptive use permit(s). [s.163.3177 (6)(d), F.S.] If the established planning period of a comprehensive plan is greater than ten years, the plan must address the water supply sources necessary to meet and achieve the existing and projected water use demand for established planning period, considering the appropriate regional water supply plan. [s.163.3167 (13), F.S.] 7. To the extent necessary to maintain internal consistency after making changes described in Paragraphs 1 through 5 above, revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with CS/EC Regional Water Supply Plan and regional water supply authorities' plans. [s.163.3177(6)(h)l., F.S.] 8. Address in the EAR, the extent to which the local government has implemented the 10-year water supply facilities work plan, including the development of alternative water supplies, and determine whether the identified alternative water supply projects, traditional water supply projects, bulk sales agreements, and conservation and reuse programs are meeting local water use demands. [s.163.3191 (2)(1), F.S.] 2.0 BACKGROUND INFORMATION 2.1 Overview The City of Sebastian was incorporated in 1924, and it is the largest City in Indian River County. Per the Comprehensive Plan 2040 ("Comprehensive Plan"), the City is composed of approximately 11,640 acres sectioned into the following land use types: Residential, Commercial, Industrial, Institutional, Government, Agriculture, Conservation, and Mixed Use. See Figure 1 on page 6 for the most recent version of the Future Land Use Map ("FLUM"), published April 2023. Consistent with the adopted Comprehensive Plan, the City supports a permanent resident population on 25,658 with a limited influence from seasonal residents. 2.2 Relevant Regional Issues Population in the SJRWMD is expected to increase by 30% by 2040, as discussed in the CS/EC RWSP. One of the areas contributing to the largest percentage increase is Indian River County. This trend also translates to the local level. Sebastian is experiencing its own growth spurt, which is expected to slightly outpace Indian River County for the duration of this WSWP planning horizon. Water supply, conservation, and resource development projects will be critical to protect and promote healthy water bodies as the population grows. • Water Supply — An important part of the CSEC RWSP process is identifying water supply development project options necessary to meet the anticipated water needs of August 4, 2023 3 127 of 272 City of Sebastian Water Supply Facilities Work Plan the planning area through the 2040 planning horizon. While water users are not limited to the projects listed in the CSEC RWSP, the provided lists represent a set of projects that could supply a sufficient quantity of water to meet the projected water demands if implemented. The CSEC RWSP states that alternative water supply sources need to be explored. The CSEC has reviewed multiple projects that could increase the water quantity in Brevard, Indian River and Okeechobee counties by 29.2 million gallons per day (mgd). Water Conservation - Estimates for the CSEC RWSP area show the high estimate of 2040 water conservation potential at 38.2 mgd at a cost of approximately $63.0 million. Forty-one water conservation projects have been completed or are currently underway in the CSEC RWSP area, providing an estimated savings of 3.1 mgd of water at a total cost of $6.7 million. Implementing additional projects to meet the high conservation potential for an additional 35.1 mgd of savings may be a more cost- effective option than implementing some of the water supply and water resource development projects discussed above. However, SJRWMD anticipates that a conservation only strategy will not offset the predicted shortfall in fresh groundwater supplies. Water Resource Development Projects - Water resource development projects provide regional benefits and are typically implemented directly by the Districts or by the Districts in conjunction with other agencies or local governments (ss. 373.705(1)(a), F.S.). These include projects that increase the amount of water available for water supply, collect and analyze data for water supply planning, and study the feasibility and benefits of new techniques. 3.0 DATA AND ANALYSIS The intent of the data and analysis section of the Work Plan is to describe information the City needs to provide to state planning and regulatory agencies as part of their proposed Comprehensive Plan amendments, particularly those revising the FLUM to increase density and intensity. 3.1 Population Information Population and demand projections are the basis for planning the future of potable water supply. Population and demand projections in this document are consistent with the master planning efforts and Comprehensive Plan. The Comprehensive Plan standardizes the source of the population projection data and the methods used to calculate the water demand projections, incorporating population information from Indian River County, the University of Florida Bureau of Economic and Business Research (BEBR), the Florida Housing Data Clearing House and the 2020 Census. The functional population of the City is a combination of permanent and seasonal residents. The permanent residential population was estimated using BEBR population projections for Indian River County. This data was also used to model growth in the City over the next 10 years. The City has historically represented 16-18 percent of the population in Indian River County. Population projections are further discussed and tabulated in Section 3.4. August 4, 2023 4 128 of 272 City of Sebastian Water Supply Facilities Work Plan 3.2 Maps of Current and Future Areas Served A map of the City's Future Annexation Areas are provided in Figure 2 below. The City of Sebastian has accounted for planned, voluntary annexations along the boundary of the current City limits. The majority of the annexations are along its southern border; however the City does anticipate growth in all directions as is illustrated in Figure 2. The City has grown in area from 8,392 acres in 2020 to 11,640 acres in 2023. As more land is annexed, the City's population will grow and water demands will increase as a result. Because the entirety of the City of Sebastian is provided water service by Indian River County, there should be no change to the overall water demands within the County service boundary related to the City's population growth from annexations. 5 August 4, 2023 129 of 272 City of Sebastian Water Supply Facilities Work Plan ❑R fT SEBASTIAN City of Sebastian Future Land Use -- April 2023 Update HOME Of PELICAN ISLAND A Figure 1 - City of Sebastian Future Land Use Map (Prepared by Others) 0 August 4, 2023 130 of 272 City of Sebastian Water Supply Facilities Work Plan s Map I- H Annexation Reserve Area .,N `I Mla i NL• Annexation Reserve Area 0 0,775 075 is NBes • ANNEXATION RESERVE AREA h err.; 'Horn Sapsr. CM a( Stb4aur Figure 2 - City of Sebastian Annexation Reserve Area Map August 4, 2023 131 of 272 City of Sebastian Water Supply Facilities Work Plan 3.3 Potable Water Level of Service Standard Indian River County operates the potable water treatment facilities and distribution system serving the City of Sebastian. The City is in the North County Service Area, receiving water from the North County Water Treatment Plant which treats water from the Upper Floridan Aquifer using reverse osmosis. The County is in the process of converting their Roseland Tank to a storage and repump station that will improve pressure to the North Sebastian area. Historic demands are based on meter billing data provided by Indian River County. Sebastian averaged an annual average day demand of 1.59 mgd in 2018. The corresponding historic population for this year, based on Florida Housing Data Clearinghouse (FHDC), is 25,668. The resulting historic per -capita demand is approximately 62 gallons per day (gpd). Based on an occupancy rate of 2.23 persons per equivalent residential unit (ERU), the City's historic potable water demand is 138 gpd/ERU. This number does not account for unmetered uses or unaccounted for losses throughout the water distribution system within City limits. The current level of service (LOS) differs significantly from the County's adopted LOS of 250 gpd/ERU reported in the Indian River County Comprehensive Plan. 3.4 Population and Potable Water Demand Projections Population projections for the City of Sebastian are presented in Table 1. These projections were previously reported in the City's 2040 Comprehensive Plan and were determined using a combination of FHDC data, BEBR data, and information from the US Census Bureau. As previously stated, Sebastian has historically represented 16-18% of Indian River County's population, though this is anticipated to change due to voluntary annexations discussed in Section 3.2. The projections also account for the City's land use designations in the FLUM, Figure 1, and the current amount of vacant residential land within the area to estimate the future population of the City. Table 1: City of Sebastian Functional Population Projections, 2040 Comprehensive Plan City of Sebastian Year ' -- Population Growth Rate 2010 1 21,929 2016 23,735 8% 2020 25,658 8% 2025 28,562 11 % 2030 30,806 8% 2035 32,757 6% 2040 34,567 6% Indian River County Population Growth Rate 138,028 146,410 157,600 - 170,000 180,200 188,200 195,000 Sebastian Share of Indian River County Population 16% 6% 16% 8% _ - 16% 8% 17% 6% -- 17% 4% 17% 4% 18% At the time of this analysis, there were 24 different active developer applications at varying stages in the process from site plan review to construction, equating to approximately 1,023 ERUs, or 2,282 people. These units are estimated to come online prior to 2035. This uptick in growth shown from years 2025-2035 is consistent with anticipated trends at the time of development of the City's 2040 Comprehensive Plan, which was formally adopted on June 23, 2021. August 4, 2023 0 132 of 272 City of Sebastian Water Supply Facilities Work Plan Potable water demand projections were determined by applying the historic per capita use rate of 62 gpd to the population projections presented in Table 2. Max Day Demands were determined by applying a factor of 1.4 to the calculated AADF. Table 2: City of Sebastian Potable Water Demand Projections Annual Max Day Year Population Average Day Demand Demand (gpd) ! (gpd) 2025 28,562 1,770,844 2,479,182 2030 30,806 1,909,972 2,673,961 2035 32,757 2,030,934 2,843,308 2040 34,567 2,143,154 3,000,416 3.5 Water Supply Provided by Local Government No water is supplied by the City of Sebastian. The City has no plans to provide potable water to its residents or other local governments in the region. The City entered into the interlocal agreement with the County in January 1987, a copy of which is provided in Attachment A. 3.6 Water Supply Provided by Other Entities As previously identified, potable water supply is provided to the City by Indian River County. The City has no financial or operational and maintenance responsibility of the County's system. The County maintains meter billing data for addresses within the City limits to identify and track potable water demands, which are then incorporated in the County's WSWP. 3.7 Conservation The City's Sustainable Sebastian Program was adopted by Resolution in 2019 and enabled the formation of a Natural Resources Board with the following mission: "To improve the quality of life in Sebastian by nurturing the balanced relationship between our citizens and our environment by protecting, preserving, and promoting our natural resources." A 5-year Action Plan is centered around six initiatives that support the mission. The plan extends to multiple City Departments, non-profit organizations, the City's Chamber of Commerce, and the Indian River County Solid Waste Disposal District. A copy of this plan is provided in the Appendix, section 7.1. The implementation of the Sustainable Sebastian Program and Action Plan plays a direct role in water conservation and health of the Indian River Lagoon. Additionally, applicable conservation efforts described in the Indian River County 2030 Comprehensive Plan (revised 2016) which have an impact on the City are listed below. POLICY 4.1: The county shall require the use of irrigation quality (I.Q.) effluent meeting FDEP standards for irrigation in parks and facilities having significant open space areas (golf courses, medians, etc.) when those areas are located within the County Utilities Department service area and are within 1 mile of the nearest effluent reuse line. Reuse must be authorized by the appropriate regulatory agencies. When a project meets the above criteria, the developer shall be required to construct an effluent reuse line for treated wastewater to be used for spray irrigation. Lo August 4, 2023 133 of 272 City of Sebastian Water Supply Facilities Work Plan POLICY 4.4: The county shall renew its annual contract with the SJRWMD to identify and require property owners to plug or valve free flowing artesian wells. POLICY 4.5: The county shall encourage home builders to participate in the SJRWMD's Florida Water Star Program by expediting review of their permits. POLICY 4.6: The county's water pricing system shall continue to be equitable, but shall continue to charge an exponentially increasing unit rate for high volume residential users (those using more than three times the Level of Service standard established in policy 1.3). POLICY 4.7: To quickly and efficiently respond to any leakage, the county shall continue to implement its leak detection program. POLICY 4.8: The county shall require all new subdivisions and projects of 25 or more lots/units that are within a'/4 mile of an effluent reuse line to connect to the effluent reuse line. When a project meets above criteria, developer shall be required to construct an effluent reuse line. POLICY 4.9: By 2013, the Utilities Department shall review its current pricing plans to further discourage excessive water use and to provide incentives to customers for saving water. 3.7.1 City -Specific Issues The City of Sebastian participates in water conservation, use, and protection through programs and policies supported by SJRWMD. Per Section 373.016, F.S., the SJRWMD, and all other water management districts are required to "promote the conservation, replenishment, recapture, enhancement, development, and proper utilization of surface and groundwater." To accomplish this directive, the SJRWMD considers conservation in the development of policy and rules, public information programs, planning, and resource management and evaluation. Conservation measures are also witnessed through the use of a consumptive use permitting process, which enables the SIRWMD to review certain proposed and existing developments for reasonable and beneficial use of water. The SJRWMD encourages the reuse of wastewater for irrigation purposes as a measure to conserve water. Incentives to install and utilize wastewater reuse facilities are provided in the Water Management District's permitting process for wastewater treatment facilities. The City encourages citizens and businesses to engage in water conservation efforts through a variety of programs within the City. Such as the City's Stormwater Fee Credit Program which rewards businesses who maintain green infrastructure and low impact development practices with reduced fees for stormwater utilities. The City of Sebastian, along with other local governments is required to manage storm water under the Federal Clean Water Act's NPDES discharge permit which establishes guidelines for municipalities to minimize pollutants in storm water runoff to the "maximum extent practicable." The City of Sebastian adopted an Ordinance No. 0-13-11 implementing an urban Stormwater quality management and discharge control program to reduce pollutant discharges into the City's stormwater system in compliance with the Federal Clean Water Act. 3.8 Reuse State law supports reuse efforts. Florida's utilities, local governments, and water management districts have led the nation in the quantity of reclaimed water reused and public acceptance of reuse programs. Section 373.250(1) F.S. provides "the encouragement and promotion of water conservation and reuse of reclaimed water, as defined by the department, are state 10 August 4, 2023 134 of 272 City of Sebastian Water Supply Facilities Work Plan objectives and considered to be in the public interest." In addition, Section 403.064(1), F.S., states "reuse is a critical component of meeting the state's existing and future water supply needs while sustaining natural systems." The City does not own or maintain any reuse infrastructure. Reuse and wastewater services are provided in the same interlocal agreement with Indian River County as previously mentioned for potable water. This interlocal agreement started January 1987 and a copy of this has been provided in Attachment A. The following Policy enables such agreements to manage the wastewater and reuse facilities in the city. Policy 4-1.1.1: Coordination • The City shall coordinate with Indian River County Utility Department (IRCUD) to provide water and wastewater facilities that comply with adopted level of service (LOS) and capacity standards that are established by the IRCUD; and LOS standards are provided in Policies 4-1.1.2 and 4-1.1.3 accordingly. The City understands the importance of converting septic tanks to centralized sewer services as applicable and shall continue to support the implementation of the Sebastian CRA Septic to Sewer Conversion Program and the Indian River County initiatives to expand sanitary sewer services within the City such as the North Sebastian Septic to Sewer Phase 2 Project. 4.0 CAPITAL IMPROVEMENTS The City's Fiscal Budget is approved yearly by the City Council and includes various projects intended to improve storm water quality in the City, and maintain existing storm water ponds, ditches, and culverts. The details about these projects and spending breakdowns can be found in the Appendix section 7.2 at the end of this document. 5.0 GOALS, OBJECTIVES AND POLICIES The following goals, objectives, and policies (GOPs) from the City's Comprehensive Plan have been revised and reviewed for consistency with the Work Plan: Goal 1-2: Growth Management. The City shall ensure that the character and location of land uses incorporate best management practices and principles of resource conservation, promote orderly land use transition, and minimize threats to health, safety, and welfare while encouraging economic stability to keep pace with the City's growth. Objective 1-2.2: Prevent Proliferation of Urban Sprawl. The City shall continue to maintain LDCs which include performance standards ensuring that the location, scale, timing, and design of development shall be coordinated with public facilities and services in order to prevent the proliferation of urban sprawl, maximize public infrastructure, and achieve cost effective land development patterns. Policy 1-2.2.2: Resource Protection 11 August 4, 2023 135 of 272 City of Sebastian Water Supply Facilities Work Plan • The City shall seek to maintain and manage the City's natural and man-made resources by establishing a pattern of development that is harmonious with the City's natural environment and quality of life. Policy 1-2.2.8: Developments Not Served by Public Water and/or Wastewater Systems. All developments in areas not serviced by public water and/or wastewater systems shall be governed by applicable State laws and administrative regulations. In those cases where public wastewater systems are not currently available, the City will work with the County and applicable regional and state agencies to convert those areas through a "septic to sewer" program or similar, where such infrastructure is available and financially feasible. Goal 4-1: Provide Public Infrastructure to Meet Existing and Projected Needs. Ensure the availability of needed public facilities and services to meet existing and projected demands in a manner which protects investments in existing facilities, maximizes their use, effectively manages growth, and maintains environmental quality. Objective 4-1.1: Ensure Available Public Facilities and Prevent Urban Sprawl. The City of Sebastian shall maintain the land development code (LDC) to include performance standards requiring that requisite public facilities be provided concurrent with the impacts of new development. The LDC shall include a concurrency management program consistent with the Governance & Implementation Element and Land Use Element. The LDC shall maintain provisions by which all new development is required to connect to central potable water and wastewater systems, and provisions by which approval of the Indian River County Public Health Department is required where no central wastewater service is available. The City's regulatory system shall ensure that existing and planned public facilities shall be used to the maximum feasible extent in order to: • Achieve economy of scale; • Promote compact growth; and • Prevent urban sprawl. Policy 4-1.1.2: LOS Standards • The following LOS standards are hereby adopted specific to potable water, wastewater, drainage, and solid waste, and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. Level of Service standards related to both transportation and recreation are addressed in Policy 2-2.3.2 and Policy 6-1.1.1 respectively. o a. Sanitary Sewer: 250 gallons per day per equivalent residential unit. o b. Potable Water: 250 gallons per day per equivalent residential unit. 12 August 4, 2023 136 of 272 City of Sebastian Water Supply Facilities Work Plan o c. Drainage Facilities: Post development runoff shall not exceed the pre -development runoff rate for a 25-year, 24-hour storm event. Stormwater treatment and disposal facilities shall be designed to meet the design and performance standards established in Chapter 17-25, FAC, with treatment of the runoff from the first one inch of rainfall on - site to meet the water quality standards required by Chapter 17-302, FAC. o d. Solid Waste: 7.52 pounds per day per capita. Policy 4-1.1.4: Coordination Between Future Land Use and Potable Water/ Wastewater System Needs. • The City shall coordinate with Indian River County Utilities to ensure that potable water and wastewater system needs, plans, and the location and timing of improvements are consistent with land use and conservation resource management policies stipulated in the City's Comprehensive Plan. Policy 4-1.1.5: Areawide Planning for Potable Water and Wastewater Systems. The LDC shall prohibit the proliferation of small, fragmented water or wastewater systems except in cases where the City Council determines that the public health and safety is served by such a system and areawide service systems are not available. 6.0 SUMMARY In summary, the City of Sebastian service area has gradually expanded over the last 5 years and growth is expected to continue at a similar rate for at least the next 10 years. The population is expected to grow at an average annual rate of 8% for years 2023 through 2040. Water supply resources and distribution infrastructure are sufficient to accommodate projected water demands for the foreseeable future. The CSEC RWSP notes where future water can be accessed in a safe way to the environment to meet the growing needs of the City and County. The City's per capita water use rate may decrease as infrastructure improvements are made, consistent with Indian River County's ongoing and planned capital improvement projects. The 2022 CSES RWSP will also facilitate reduced water loss and the development of programs to incentivize reduced water use. The City will continue to strive to implement programs and policies, such as Sustainable Sebastian, to improve stormwater runoff and limit impacts to the Indian River Lagoon and St. Sebastian River. 13 August 4, 2023 137 of 272 City of Sebastian Water Supply Facilities Work Plan CABJE01 2 1114MV 7.1 Sustainable Sebastian, Natural Implementation Plan 14 Resources Board 5-Year August 4, 2023 138 of 272 SUSTAINABLE SEBASTIAN 5-YEAR IMPLEMENTATION PLAN SUST $EB ' COLLABORATING NRB INITIATIVES SUMMARY ENTITY UPDATE HYPERLINKS Champion Task to Arrange meeting with Chamber of Commerce to discuss business outreach partnership Task I Create Information packets for businesses, Including Surfrlder OFR Info K Task 1C Estimate annual costs of restaurant promotional materials and submit for R budget approval Task ID Work with KBR and KIRB to register current volunteers into the certification system Task 1 E Recruit volunteers and hold more training events. work with KBB to provide online volunteer certification Task 1F Develop education and outreach program for local schools Sebastian Chamber of Commerce Chamber XBB, Surfrrder Surfrider Space Foundation Coast eha er Community Development materials to include: coasters, table tents, window K Dept stickers. KIRB to redesign logo with their name Keep Brevard Beautiful X KIRK champlon€erg Program locally as of 3/12/20, KIRB LQ Pate (KBB) website created First training held on 8/6119, 10local volunteers % KBB, Comm Day Dept certified. NRB LQ Website created 8, training materi.k NRB LQ Page posted online 6/20/20 X KBB, IRC School Board Create a comparison sheet of commonly used restaurant products as part Comparison sheet completed on 4/10121, posted on Task 2A of the LQ info packet Edward Donn, KBO NRB LQ Page NRB LQ Page Create a comparison sheet of all products used In City Hall breakroems Community Development Items ordered by Maintenance Dept annually, due to Task 2B and at City Staff events and present estimated annual cost for budget K tOVlb precautions, the City remains overstocked, approval Dept changes to he proposed FY2023 Task 2C Incorporate info about a€1 products and costs into event vendor packets telsure Seances Dept .... ..., .. ....... ,,.. ,. ,- .,- - ,. _.. ,. .;. -fill fountains installed at Riverview Par€ 1=121, - „ "'. C:hC•in5talialgnt CoMpinted th•oMll 7/15U: •i' i i i r a a a ' i,l 9ssod NRB 8oarti at 2f5l22 Marrnng 1 ",I.. :.t � 'S•or ;t•I I r.narti rnate.,a'a'a• local d�rnhurien by . VRa $ ^,:r-�•ar ,n .�I' . Fa tli €^.ay. F...,.,t, .1!«?l.'., Preserve Sit, - .. _ _. - _ _ ..,. .- , .. - ..- . a•-c In-2u trws ra•:. _.. 1 7C _'C?: fC Cteanun Event W O N NATURAL RESOURCES BOARD FG 611212023 SUSTAINABLE SEBASTIAN 5-YEAR IMPLEMENTATION PLAN 103 A i COLLABORATING NRB INITIATIVES SUMMARY ENTITY UPDATE HYPERLINKS. Champion Task 4A Recruit Board Members and volunteers to nominate themselves and/or their neighbors Task 4B Estimate the annual cost of lawn signage for budget approval x Task 4C Create "We Noticed' door hanger as an anonymous way io encourage x residents to enroll In program EDUCATE RESIDENTS ON OF r' • •IFAS'FLORIDA. FRIENDLY PRINCPALS INTO THEIR LANDSCAPE Task 5A Lhrhz>• NAP ti^eSs"rs tc r+revrdr tlr Lr. to SFAS it+- .-raprR •nd r+eteik n� nma vcrlal+ons heme held Enhance the demonstration gardens anually with new plantings, weeding, Task SB mulch and added signage x Task SC Determine cost of demonstration garden improvements for budget x approval Task 5E Coordinate with local organizations to create native demonstration gardens at City Parks Participate in the Pelican Island Audubon Scciety's Trees for Life program Task GA by planting more trees on City parks and properties Task 613 Encourage native landscaping and mulched areas, decreasing sodded areas, where applicable Summary of program with link to KIRB's LFL website NRB Landscanine x posted on NRB's Landscaping Website 10/18/21 Page ongoing City's Sign Shop/ KIRB Yard signs are in violatlon of City sign ordinance, revision is reQ'd Collaborated with IFAS to add LFL nr•ramlea and Ic«5 11RR I ndscriping. wehcite gnus to NRB Landicadrnv websre on 1111 r'o %Whsitc x Leisure Services City Hall garden enhanced with plantings on 5/5/20, Department native wildfTower seeds added 3/22122 Leisure Services Consider adding signage, native undersi trees, and Department mulch - .,..._. - .. .. ......-- dr. Audubon Society, City Hall demo garden installed on 5115/19 x x Sebastian Garden Club, Native Garden installed at Garden Club Park on 6128/20 Sebastian River Junior OF WAS to Install test plots at parks in fall 2022 Women's Club ISRJWCi City submitted LOS for grant on 11114119. Free trees NAB Landsaonk x Audubon Society handed out at 4/24/21 Earth DaV Celebration, program Website link added to NRB Website Incorporated Into troth City IPM Plans x x Leisure Se Over 100 Elliots Lovegrass planted around Riverview Park Dept e p et Dept, SW on 9/11/20 Applied for SW Grant to add shoreline planting to Tulip Pond 4/12/22 NATURAL RESOURCES BOARD FG 6/12/2023 SUSTAINABLE SEBASTIAN 5-YEAR IMPLEMENTATION PLAN SVST � :_ SIB t• COLLABORATING NRB INITIATIVES SUMMARY ENTITY UPDATE HYPERLINKS Champion O N J N _... ra 0t - t •RPvr:, T:r�l: -P ,.. �. ....- . _ n -^ , nr ^s-ubr�r•hd!a cor,:u'an l-.• - _ . _ _�. ,_ CAm9 Plan Pr9cn� lrctp' ,( cn'/20;,p CfYy_-nmt"> .'. '(,n1, Final CC tdept:nr. er, t!_.3l.. _ 2nic I'a•1; tlrt - - - �� ^ r r - _ _-- 5' . rCr.S ,• -h-t _ ,rst•rn Snr': cads np r.r�nr,'.,, _. er.,,. r.,, rPDro• - ... , lerir� Annual Reports are brought to the NRB for discussion before presentation T:.Isk BC to City Council l"ask 9A Board Members to volunteer to serve on Sub-Cummittee Task 99 Updates and discussion provided at each NRB Meeting Task 9C Final revised ordinances brought to the NRB for approval before being presented to City Council NATURAL RESOURCES BOARD Also to include city staff, local scientists, and industry professionals SUSTAINABLE SEBASTIAN 5-'YEAR IMPLEMENTATION PLAN 5 VST • : $iB COLLABORATING NRB INITIATIVES SUMMARY ENTITY UPDATE HYPERLINKS Champion 1:1•1, l',5 I . to Crty nari--d" In! Ta,k 11 A I arnuad the 01v 1 5 I 9 Tack 1 A Worl ,•nrh l"i�•r� r.tdnaen Mnn• •n he,• rnnuiar F:eu;ei+cld "r•astnl ,».}.,;ir event:.. Arfd infn—nt--nn -hat It a^tl is n^t •ottrie r*!n rn NRR'J;et, :t• —c4 irtar 12R Task 12C Define cost and discuss funding assistance for waterfront businesses in x acquiring recycling services Task 130 Ensure that every office and copier has a recycle can Task 13C Educational outreach of simple ways to reduce reuse and recycle communicated through emalls and slgnage In gathering areas. Task13D Create self -audit criterisfor City office operations immunity 4evelrr; 16 p Crept. Leisure 5ervic^�. urcl+a}ed intal• tnstalfativns dJ18--:; 1."•/21 f;" I? nr"rls and vroosrtsea, "nciuding 01y Hall end Wice Dent.. -nmvnHq I 4ep;, Leisurg Services ]E green cyc reled piasnc hike racks purchased, Dent assembled and Installed acmes City by 7115/21 !"are cnntrarted with 4Vht to he held o»ce annv?hc Sue clak presentalon at gl4/20 NRB 44e?tmg Tin slid.; orvv'ded C—Iinualty run rn Cp.T TV smce NRB Recvctr 10/19/20 R slides and li IR!3;VD websne added to Wehslte NRS W-• n121/21 x Community Development also to consider netting for waterfront businesses Dept Individual Departments Human Resources NATURAL RESOURCES BOARD 30 ways to ttregn office "FG 6/12/2023 SUSTAINABLE SEBASTIAN 5-YEAR IMPLEMENTATION PLAN 5V5T SEB r COLLABORATING NRB INITIATIVES SUMMARY ENTITY UPDATE HYPERLINKS Champion Task 14A Board Members to discuss ideas or programs that can support their implementation, especially those under public participation and outreach Task 14B Assist residents and husinessowners to understand BMP's and LID's in relation to the Stormwater Fee Credit Program Task 15A Identify topics that are mtevant to current water quality concerns in our area and list Possible speakers for each topic Task 1511 Members to volunteer to arrange Individual presentations T,.l l',l Task 168 Review the applicable Ordinances and determine lfchanges are needed to support and encourage these practkas Review GI Map of the City and determine where there may be an Task 16C opportunity to enhance existing hubs and coorldors, connect green spaces, and improve stormwater storage and treatment areas SW SMP's incorporated into the SW IPM Plan. SW Dept Stormwater Outreach booth at annual Earth Day Event. Gt. SW Website updated 1/12122 WCttslte Program Info added to NRBGr/LID Webslte on 3/4/22 Community Development Brochures created & mailed to qualifying property NRB GI/LID Dept owners on 3/7/22. Stormwater fee credit requests due Webste annually LID Community Workshop 12/7/21, Pelican tsi. Audubon Society on 114122, FDEP Aquatic Preserves 2/8/22 Speaker slots available at each NRB Meeting, 1st Tuesday of the month. !IWR'.I m Community Development Review and reeeammendation process began April, 2022 Dept Provided for protection of Corridors from map in 2D40 Community Development Comp Plan. 11/7/21 NRB Meeting: PPT intro to GI Map, x Dept also discussed at 12/7/21 Community Workshop. dty's GI Map Incorporating Into 2023 SW Master Plan. Task 176 Research what pre -made signage is available and what what grant A % Leisure Services, SW Applied forgrant with SW for planting/signage/fountain Tullo Pond Info assistance may be available Department, Sign Shop improvements at Tulip Pond an 4/12/22. ti N FG 6/12/2023 NATURAL RESOURCES BOARD SUSTAINABLE SEBASTIAN 5-YEAR IMPLEMENTATION PLAN 5UST ' 5EB r COLLABORATING NRB INITIATIVES SUMMARY ENTITY UPDATE HYPERLINKS Champion Task 1 RA Conduct walking/ biking audit tours to determine any gaps and opportunities Task 19n Determfne if there are areas which may pose challenges to foot and bike traffic and why Task 19A Work with the Chamber of Commerce to learn how the City's natural assets are currently being marketed dentify unique features of the City's spaces and identify specific nature - Task 19rt Ibased markets Task 19C Research to identify what certifications/designations are attainable r nr Lhi e, a. �r h,n, a.briPa�t,;C raAlr-a:r.d Leisure Services Dept, Create updated map with sidewalks, traifs, and bike AARP Walklna Public works Dept paths Audit into Leisure Services Dept, Where are connections needed? Expansion needs? Public Works Dept Chamber of Commerce Indian River Lagoon. St. Sebastian River, etc. hion Chamtrei, Parks & Rec Board protected species and/or habitats, special services Olyd tracking provided websltp Leisure Services Dept eKamptes: Great Florida Girding Trail=LHLlS.f�Lkar WRbsltn arntzr•r• 5cav> mger Hunt x1 Earth Day 4124121 —,nan,tvnze=Hu-=— _� e.t=rs nla�ed arcur•d R„,ea=ew Pk t)n Hew to Munzce t r2F/:�2! <17�I71 NATURAL RESOURCES BOARD NFG 6f1212a23 City of Sebastian Water Supply Facilities Work Plan 7.2 City of Sebastian Capital Improvements Projects Project Name: Slip LininvJPipe Replacement (Project Description: Funding Source: Discretionary Sales Tax Replacing pipe or sliplining when practical. Justification: IUsed for failing stormwater pipes. Sliplining avoids open cutting of the roadway and adjacent properties and Iis used when the depth and construction is expected to cause excessive damage. Project Costs: Project FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-2 EY27-2 19W $ 150,000 $ 165,000 S 182,000 S 200,000 S 220,000 S 242,000 S 1,159,000 Operating Impact: $ - $ (36.000) S �75,600) S (117,780) $ 0641130) S (213.610) S (607. 20 Project Pricing: IStaff recently completed similar projects and has a good idea of the total cost for these projects. These estimates take into consideration the recently encountered increase in material cost. Project Name: ISwaleA)rivewav Culverts ldrivcwav Project Description: Funding Source: Discretionary Sales Tax Correction of drainage deficiencies, swales, culverts and repairs o and headwalls in ooniunction with street teconstruction- Justification: Extends pavement life and reduces long term paving cost. We will be completing year 3 of the pavement management program. If repairs are not done, the sizeable investment in street reconstruction is wasted as saturated road bases and the asphalt surfaces quickly degrade before their useful life Project Costs: Project FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 EY 27-28 Total S 150,000 $ 165,000 $ 18210W $ 200,000 $ 200,000 S 242,000 S 1,139,000 Operating Impact: S - S (36,000) S (73 600) S (117,780) $ (164,130) S (208,810) S (602,320) Project Pricing: Cost of concrete (driveways I headwalls) culverts and sod Work to be done by City crews except furl driveway cuts and concrete replacement. Estimate consider the recent increases in material cost. +I Project Name: IStormwater Pond Fountains IProlect Description: Funding Source: Stormwater Utility Fund Purchase and install Stormwater Aeration Fountain at Cownie Pond. Justification: Three fountains am successfully operating. These aerate and oxygenate water, improving water quality and promoting growth of desirable plant species. This is an important non -chemical, mechanical method of stormwater pond maintenance and reduces the amount and cost of herbicide application. With the undergrounding of FPL powerlines we found it a good time to add power at the Cownie Pond since the unduxroundine was nassine by the pond With this, we are able to install a fountain at this location. Project Costs: Project FY 22-23 FY 23-24 FCC 24:25 FY 25-26 FY 26•27 EY27-2Total S 5,300 S - $ - $ - S - $ - S 5,300 Operating Impact: $ - $ (689) S (477) $ (265) S (53) $ 159 S (1,325� Project Pricing: (Project pricing is based on previously installed fountains. 22 August 4, 2023 145 of 272 City of Sebastian Wafer Supply Facilities Work Plan Project Name: Canal Restoration ProlectPescriution: Funding Source: Discretionary Sales Tax Fund to An application was made to FEMA for a $23 million dollar project to Match $1 Million for FEMA Grant restore the canal sides/bottom of the Collier Creek/Elkcarn Canal to of $22 Million over two vears. their orisirtal contour. Justification: Significant accumulation of dead vegetation and growth of rooted invasive aquatic species has occurred over] the years in the City's 8.15 mile Collier Creek/Elkcam Canal. Effective maintenance management and vegetation management requires that these issues be addressed. Project Costa: Project FY -23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 H 27-28 TQ_t_ai S 11,300,000 $ 11,500,000 S - $ - S - S - $ 23,000,000 Operating Impact- s - S (2,760,000) S (5,520,000) $ (5,405,000) S (5,290,000) S (5,175,000) $ (24,150,000� Project Pricing: JThe actual cost will be dependent on the Program eventually adopted. Project Name: Stonecrop Drainage Improvement Proleet Description: Funding Source: 7A. FEMA Grant S1,095,440. Phase 11 of the FEMA grant includes construction, labor and 25% Matching Requirement from construction management. .Wwretionary Sales Tax $365,146. Justification: 'Phase 11 of the FEMA grant includes construction, labor and construction management. Project Costs: Project FY�22- 3 EY 23-24 FY 24-25 FY 25-26 EY 26-27 FY 27-28 Total S 1,460,586 $ - $ - S - S - $ - S 1,460,586 Operating Impact: $ - $ (350,541) S (350,541) S (335.935) S (335.935) S (321.329) S (1,694.290) Project Pricing: Project costs are per the budget provided and approved by FEMA on March 4, 2022 Project Name: ITulio Drive Crossine (Project Description: Funding Source: Discretionary Sales Tax Replacc Road Crossing Pipes with a Con/Span Open Flow Design. Justification: This is a pinch point on a main ditch, where pipes are undersized due to minimal read coverage over the pipes. It is recommended they be replaced with a Con/Span type open flow design to enhance conveyance. Roadway improvements will also be needed Project Costs: Project FY 2-2-23 FY 23-24 FY 24-25 .FY —25--.2 FEZ FY2Z29 Total S - S 250,000 S - $ - $ - S - S 250,000 Operating Impact: $ - S - $ (60,000) $ (60,000) $ (57,600) $ (67,500) S (235,000� Project Pricing: I Pricing was escalated from previous year sebmittal to allow for construction cost increases. Project Name: 113ayfront Road Crossing Project Description: Funding Source: Discretionary Sales Tax Change Bayfront Road Crossing to Con/Span Open Flow Design. Justification: This is a main ditch pinch point causing the existing ditch to overflow to residential properties. Using cantspan open flow design will prevent the existing pipe from being plugged with debris. Project Costs: Project FY 22-23 FY 23-2 FY 2425 FY 25-26 FY 26-27 FY 27-28 Tel $ - $ - S 250,000 $ - $ - $ - $ 250,000 Operating Impact: $ - $ - S - $ (60.000) S (60,000) $ (57,500) S (I77,500! Project Pricing: JPricinu was escalated from previous year sebmittal to allow for construction cost increases. 11 August 4, 2023 23 146 of 272 City of Sebastian Water Supply Facilities Work Plan Project Name: Ocean Cove Drainage IDesign Pr'olect DescrIV01p: Funding Source: Discretionary Sales Tax is to Stabilize the Slopes. Justification: At times when there are high water levels, the slopes are eroding and encroaching on private property. Design is to stabilize the slopes and keep the open conveyance of the ditch. Project Costs: Project FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 1QW $ - $ - $ - $ 350,000 S - $ - $ 350,000 Operating Impact: $ - $ - $ - $ - $ (84,000) $ (84.000) S (16B4O00. Project Pricing: JPricing was escalated from previous year scbmittal to allow for construction cost increases. i 24 August 4, 2023 147 of 272 Kimley>»Horn August 10, 2023 Planning and Zoning Commission City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: City of Sebastian Water Supply Plan Comprehensive Plan Amendment — Project Narrative On behalf of the City of Sebastian's (City) Community Development Department, Kimley-Horn and Associates, Inc. (Kimley-Horn) prepared a 10-Year Water Supply Work Plan (WSP) in accordance with Section 163.3177 F.S. The purpose of the WSP is to establish the City's projected potable demands for the planning period, recognize existing and potential water supply sources, and consider the impact of the City's conservation measures. The goal is to assist SJRWMD in creating a decision -making framework for water management. The City is required to submit a Water Supply Plan to the St. Johns River Water Management District (SJRWMD) every 5 years or within 18 months of publication of the Central Springs/East Coast Regional Water Supply Plan. Further, the updated WSP must be incorporated into the City's Comprehensive Plan, at a minimum by reference, including an update to any affected elements and corresponding policies within the Comprehensive Plan. The WSP contains a description of the City's municipal boundary and an explanation of the potable water service provided by Indian River County. The WSP also includes portions of the City's Capital Improvement Plan (CIP), detailing projects impacting groundwater quality while promoting conservation efforts and maintaining clean waterways. As outlined in the WSP, the continued delivery of the City's CIP projects and implementation of sustainability programs demonstrates the City's environmental stewardship and understanding of the City's impact on the Central Springs/East Coast Region. Please find enclosed the 10-Year Water Supply Plan and resulting limited comprehensive plan text amendments to the Infrastructure and Governance & Implementation Elements. Kimley-Horn has prepared a strikethrough-underline version of the respective Objectives and Policies requiring amendment. The following changes are proposed: "OBJECTIVE 4-1.6: Water 5uDDIv Planning, The Citv shall olan for its water needs and maintain a Water Sunnly Facilities Work Plan as required by Florida Statutes." Policv 4-1.6.1: Particioation in Indian River Countv's Water SuoDIV Plannin4 Efforts. The Citv will monitor and oar icioate, as necessarv. in Indian River Countv's water suooly olannina Process to ensure that the Countv's utilitv accounts for and meets the Citv's current and future water needs. Policv 4-1.6.2: Maintain a Water Supply Facilities Work Plan. The Citv shall maintain a Water SuoPly Facilities Work Plan (Work Plan) that is coordinated with SJRWMD's Centra6 148 of 272 Kimley»)Horn Page 2 Sorinas 1 East Coast Reaional Water Supoly Plan {CSEC RWSP). The Work Plan and related comprehensive Dlan oolicies shall be undated, as necessary. within 18 months of an update of the CSEC RWSP that affects the City. in accordance with Section 163.3177(6)(c)3, F.S. Policv 4-1.6.3: Water SuDDly Facilities Work Plan. The Cites 2023-2035 Water Suably Facilities Work Plan. oreoared by Kimlev-Horn and Associates. Inc.. August 2023, is herebv adopted by reference and incorporated into the comprehensive plan. Policv 4-1.6.4: Water SuDDIV Facilities Work Plan Content. The Water SuoDly Facilities Work Plan shall identifv the traditional and alternative water suDDly oroiects. alona with the water conservation and reuse practices, necessary to meet existing and future water demands." "Policy 7-1.1.3 Coordination of Development and Growth Management Issues. The City shall pursue resolution of development and growth management issues with impacts transcending the City's political jurisdiction, by participating in the Indian River County Metropolitan Planning Organization (MPO) Technical Advisory Committee. Issues of regional and state significance shall be coordinated with the regional or State agencies having jurisdictional authority as applicable. Issues to be pursued include but are not limited to the following: • Impacts of development proposed in the Comprehensive Plan on Indian River County, adjacent municipalities, the region, or the State. + Indian River County land development activities adjacent to the City's corporate limits. • City of Sebastian land development activities adjacent to the unincorporated area of the County. • Potential annexation issues. • Proposed North County central water and wastewater systems. • Areawide drainage and stormwater management master plan, proposed improvements, and implementing programs. • Solid waste disposal • Transportation improvements impacting the City and adjacent areas (especially designated arterials and major collector streets). • Level of service (LOS) standards for infrastructure components identified in the Infrastructure Element system impacting the City and adjacent unincorporated areas. • Natural resource conservation, including the Indian River Lagoon, the St. Sebastian River, and Collier Creek. • Parks and recreation facilities • Coordination and implementation of the FDOT 5-year Transportation Plan and County road improvement strategies managed through the Indian River County Joint Transportation Coordinating Committee. • Coordination and implementation of the Indian River Lagoon Comprehensive Conservation and Management Plan for restoring the Indian River Lagoon. 149 of 272 Kimley >>> Horn Page 3 • Participate in the development of updates to the SJRWMD's Water Supply Assessment and Dietriot Regional Water Supply Plan; and in other water supply development -related initiatives facilitated by the SJRWMD that affects the City." This Comprehensive Plan Amendment application is intended to incorporate the WSP by reference in the goals, objectives, and policies of the aforementioned elements. Please contact me at 941.379.7600 if you have any questions. As always, thank you. �� a i440�z Madeline K. Kender, P.E. Project Manager cc: Lisa Frazier, Director, Community Development Dorri Bosworth, Planning Manager, Community Development 150 of 272 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 2 All having indicated that they have reviewed the Minutes of August 3, 2023, Ms. Kautenburg called for a motion. A motion approving the Minutes of August 3, 2023 as presented was made by Mr. Carter, seconded by Ms. Kinchen, and approved unanimously via voice vote. VI. Local Plannina Aaencv (LPA) Public Hearina: Ms. Kautenburg read the item into the record as follows: A. Public Hearing -- LPA -- Comprehensive Plan Text Governance $ Implementation Supply Plan Ms. Kautenburg called for staffs presentation. Recommendation to City Council -- Amendment -- Infrastructure and Elements -- City of Sebastian Water Ms. Frazier stated that this is a request for a text amendment to the Comprehensive Plan. It is entitled the City of Sebastian Water Supply Plan. This is a statutory provision in Chapter 163.2117 of the Florida Statutes relative to the Comprehensive Plan requiring each local government to adopt a Water Supply Plan and incorporate its applicable policies into their Comprehensive Plan. She stated that, when referring to the cover letter by Kimley Hom, you will get the clearest explanation of what your role is this evening. She further explained that every local government has to prepare a 10-year water supply work plan in accordance with this statute. The City did not do that when we were going through Comprehensive Plan changes -- the Comprehensive Plan 2024-2040 update - - because St. John's was in the middle of doing their whole big assessment and work plan and asked us to wait. St. John's completed their Central Plan/East Coast Water Supply Plan about 18 months ago. Now it is the City's turn to get this Plan done, which we have, and to incorporate the recommended objectives and policies from St. John's. St John's has reviewed this plan, they have approved it, and they have recommended the objectives and policies that you read on this cover sheet. Tonight, it will be incumbent upon this Commission to recommend or not recommend to the City Council to accept the Water Supply Plan and recommend or not recommend incorporating the Comprehensive Plan language into the City's Comprehensive Plan. At that point, for those of you who were not here when we did a lot of the Comprehensive Plan amendments, the City Council will then have a hearing and transmit those changes up to DEO. DEO will then review those changes, and they have 30 days to accomplish that. They will then send it back to the City. 151 of 272 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 3 Hopefully, everything will look good to them, and then the City Council will once again take it up at a public hearing and approve or deny the incorporation of this language into the City's Comprehensive Plan. Then, we will make that change and put It into all of the Comprehensive Plans that were done prior. Ms. Kautenburg called for public input. There being none, Ms. Kautenburg called for final comments from the staff. Ms. Frazier said there were none, and Ms. Kautenburg called for questions/comments from the Commissioners. Mr. Carter -- Referring to page 13 of the report, he had a question about the expected average annual growth rate of 8% between the years 2023 and 2040. He asked what that figure was based upon and if that is going to be a realistic figure. Ms. Frazier explained how population projections are done. They are not 100% accurate. By looking at the growth of the area and the projected population growth, that is how that is projected. Mr. Carter stated that over the last several years we have had brought before this Commission, whether it be as a recommendation or whatever to City Council, various developments which will exceed that number once they are built out. That Is why he questioned the validity of this 8%. He suggested it should be higher. Ms. Frazier further stated they do take into consideration our build -out based on our land use. So that is a given. She will make a note to look into that further. She called everyone's attention to page 8 where they talk about the potable level of service. The City has always been projected as utilizing way more of the GPD than it does. She added that the City's level of service has been pretty high compared to historically what we use. So, if the City continued to Incorporate its conservation efforts, she suggested that it is imperative that people understand that stormwater retention, stormwater percolation is very important to our potable water and our aquafers getting refilled. When we direct it down a pipe out into the Indian River Lagoon, we are not refilling our aquafers. It is very important that we recognize that. She believes that the City is doing all that it can to incorporate the conservation efforts into our potable water source retainment. Ms. Geesey — She estimated that from 2020 to 2040 it is a 40% increase in population. Ms. Frazier said each year from 2020 to 2040 they are showing a growth rate of 11 % up to 2025. It will keep ticking forward. We are the fastest growing area in Indian River County. Ms. Klnchen -- She stated her concerns are the same as Mr. Carter's. She does not think that 8% is going to be enough. She suggested that will really have to be looked at later on, maybe 5 years down the road, and make sure that that Is going to comply, 152 of 272 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 4 because Sebastian is the fastest growing city in Indian River County, and it is not going to stop any time soon. Ms. Lorusso — She addressed the septic -to -sewer situation. She knows the CRA district already has that program in effect. On page 11 it mentions the North Sebastian septic - to -sewer Phase II project. She asked what that is going to entail, what do they consider North Sebastian. Ms. Frazier said this Information is a little dated because we had to sunset the Sebastian CRA Septic -to -Sewer Conversion Program last year. This was a program that had been in place since 2016. We were successful in getting a cost -share grant from Indian River Lagoon to help us. That was in 2018. That program was run for many years. It was one grant, and we kept getting extensions until they said we could no longer extend the program because people were not taking advantage of this grant, even though notices were sent out every year. It has not started back up again. As to the Phase II project, she explained that that is the County's project. It is a gravity feedline which helps people connect a lot cheaper. That is all that she is aware of regarding that. Ms. Lorusso asked regarding the FEMA grant for the Collier and one other canal, whether the grant has been applied. Ms. Frazier stated that would be under the purview of Karen Miller, the City Engineer. Mr. Haddix -- Regarding page 4, the first paragraph, last sentence which states, "The CSEC has reviewed multiple projects that could increase the water quantity in Brevard, Indian River, and Okeechobee counties by 29.2 million gallons per day." He asked if this is a demand of quantity, or is it an availability. Ms. Frazier explained that the CSEC is the St. John's report. It is the Central Spring East Coast Regional Water Supply Plan. Ms. Frazier interpreted it as meaning the available quantity. Mr. Haddix referred to page 9, the last paragraph where it talks about the County requiring the use of irrigation qualify effluent meeting FDEP standards for irrigation in parks and facilities, etc. He asked, if the County is making this a requirement, is the County going to have this pressurized. Ms. Frazier stated this is for reuse. If reuse is available, they are going to force you to use it. They have had this on the books for a while. Mr. Haddix stated that, if they are going to require it, he opined that there should be some clarification that means somebody has got to put pumps In — the City is going to be required to do that for these irrigation purposes, or the County is going to have to pressurize this effluent water that is only available by gravity. He believes it is unclear. Ms. Frazier said she will make a note of that and will have the City Engineer follow up on that. 153 of 272 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 5 Mr. Haddix said this question is just for educational purposes for himself. On page 10 where it refers to Policy 4.8, 'The County shall require all new subdivisions and projects of 25 or more lots or units..." His question is what the significance of 25 is. He asked if that is a minimum requirement for a subdivision. Ms. Bosworth stated that 25 lots must be a threshold where they presume what the maximum impervious could be so that there would be a stormwater pond that would be required. Mr. Haddix said he was concerned as to what the origin of 25 represents. Ms. Kautenburg -- She felt that this report was extremely thorough. She is also concerned with projected numbers. She has seen many projections overtime. While we assume that they are based on an educated guess, sometimes we don't know what we don't know until it happens. She is also of the opinion today that that figure might be a little low, but she might change her mind in the future. Ms. Bosworth explained further that the statement that Mr. Carter made is not saying that from the period of 2023 to 2040 there is only going to be an 8% increase. It is annual, so that each year it will be an 8% increase. Mr. Carter said he understood that. Ms. Kautenburg stated, if there are no further questions or discussion, the Chair will entertain a motion. A motion that the Commission make a recommendation to the City Council to approve the Comprehensive Plan Text Amendment — Infrastructure and Governance and Implementation Elements — City of Sebastian Water Supply Plan was made by Mr. Carter, and seconded by Ms. Kinchen. Ms. Kautenburg called for a roll call vote. Roll Call Ms. Kinchen —Yes Ms. Kautenburg -- Yes Ms. Matthews — Yes Mr. Haddix -- Yes Vote was 7-0 in favor. Motion carries. Vill. Unfinished Business — None IX. New Business Ms. Geesey (a) — Yes Ms. Lorusso -- Yes Mr. Carter — Yes A. Accessory Structure Review — LDC Section 54-2-7.5 — 493 Englar Drive — 1000 SF Detached Garage — Mr. John Cronenberg 154 of 272 SEELINST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: September 13, 2023 Agenda Item Title: First Reading and Public Hearing on Ordinance 0-23-11 - Request for Approval of a Conceptual PUD Plan — River Oaks Preserve Subdivision Recommendation: Hold a Quasi -Judicial Public Hearing and First Reading of Ordinance 0-23-11. Schedule the Second and Final Reading with Quasi -Judicial Public Hearing for October 11, 2023. Background: The Applicant, 85 Sebastian, LLC, has requested approval of a Conceptual PUD Development Plan for parcels they own along CR 510. The subject properties were annexed into the City of Sebastian in early 2004, with approvals for their future land use and PUD-R zoning following shortly after. The City of Sebastian's Land Development Code requires a Conceptual PUD Development Plan to be submitted and approved when requesting a PUD zoning designation. The original Conceptual PUD Development Plan for River Oaks Preserve was considered and approved in 2004 when the rezoning ordinance was adopted. Between the years of 2005 to 2007, the project received approvals for its Preliminary Plat, subdivision construction drawings, and was issued a land clearing permit. Partial land clearing occurred before the project's financing was no longer available, after which construction was stopped. In the ensuing years, city approvals and permits expired, and the property has since become overgrown and re -vegetated with Brazilian Pepper Trees. Although the original Conceptual PUD Development Plan has expired, the properties retain their PUD-R zoning designation. The current application is not requesting any rezoning or a different zoning designation. However, because the current proposed plan is amending the originally approved River Oaks Preserve conceptual plan, the City's LDC §54-4-20.2(a)(5).c.8. requires the plan to be processed and reviewed as per the original. The current, proposed two -phased plan consists of 146.5 +/- acres, located south of Lanfair and Lighthouse Avenues, and north of CR 510 and Citrus Hideaway Subdivision. The existing land use designation is VLDR (Very Low Density Residential) which allows a maximum of 3 units per acre. The current plan outlines a total of 140 standard single-family lots and 212 single-family cluster units for a proposed density of 2.40 units per acre. Additionally, land is being conveyed to FDOT for their CR5I0 widening project, along with land dedication to the City for additional Right -of -Way for a Shakespeare Street extension. The project is located within the Urban Service Boundary Area for water and sewer utility service. The Planning and Zoning Commission held a public hearing on August 3, 2023 in which a recommendation for approval with conditions to the City Council was made. 155 of 272 If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: NIA Funds to Be Utilized for Appropriation: Attachments: 1.Ordinance 0-23-11 2. Staff Report 3. PUD Justification Statement 4. Conceptual PUD Plan 5. Survey 6. Public Trails Exhibit 7. Phasing Exhibit 8. Conceptual Drainage Plan 9. Letter from Seb River Impr District 10. Environmental Assessment 11. Traffic Statement 12. Cluster Housing Conceptual Designs 13. PZ Commission Minutes 8/3/23 Administrative Services Departm t eview: i'I City Attorney Review: l Procurement Division R vi , if applicable: �A City Manager Authorization: Date: q17 l a•o 13 156 of 272 @ 1 1 _. 0* 1XIM*2l AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A CONCEPTUAL PLANNED UNIT DEVELOPMENT PLAN FOR A PROJECT KNOWN AS RIVER OAKS PRESERVE, CONSISTING OF 146.5 ACRES, MORE OF LESS, WITH A ZONING DESIGNATION OF PUD-R (PLANNED UNIT DEVELOPMENT RESIDENTIAL) AND A LAND USE DESIGNATION OF VLDR (RESIDENTIAL VERY LOW DENSITY, 3 DU/AC), LOCATED SOUTH OF LANFAIR AND LIGHTHOUSE AVENUES, AND NORTH OF CR 510 & CITRUS HIDEAWAY SUBDIVISION; PROVIDING FOR CONFLICTS; SCRIVENER'S ERRORS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Ordinance 0-04-14, adopted in 2004, approved the first Conceptual Planned Unit Development Plan for River Oaks Preserve in concurrence with receiving its PUD- R (Planned Unit Development Residential) zoning designation; and WHEREAS, In accordance with time limits established in the City's Land Development Code, Article XX, the first Conceptual Planned Unit Development Plan for River Oaks Preserve has expired; and WHEREAS, 85 Sebastian, LLC, has filed an application for a new Conceptual Planned Unit Development Plan approval for River Oaks Preserve; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its Staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed plan is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed plan is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed plan is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed plan is compatible with adjacent land uses. 157 of 272 E. Adequate public facilities and services exist in the City to serve the proposed plan and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed plan will not result in any adverse impacts on the natural environment. G. The proposed plan will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed plan will result in an orderly and local development pattern. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. RECITALS/LEGISLATIVE FINDINGS/INTENT. a) The City Council of the City of Sebastian hereby adopts and incorporates the recitals above in the Whereas Clauses to this Ordinance, the City Staff Report and City Council Agenda Memorandum relating this Ordinance. b) The above recitals set forth in the Whereas Clauses of this Ordinance are adopted by the City Council as legislative findings and the intent of the City Council. c) The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising the Ordinance. Section 2. PROPERTY. The Conceptual Planned Unit Development Plan approved by the adoption of this ordinance applies to the following described real property, lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A " Property Survey Section 3. CONCEPTUAL PLANNED UNIT DEVELOPMENT PLAN APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the Conceptual Planned Unit Development Plan for River Oaks Preserve Subdivision as prepared by 2GHO, Inc., bearing the latest revision date of July 20, 2023, and as maintained on file in the City Community Development Department, subject to the following conditions: 158 of 272 a) In areas where a residential property line abuts a wetland buffer area or conservation tract/easement, a 3-4 foot high fence will be required, i.e. a conservation or split -rail type fence, to establish the specific boundary and prevent encroachment of accessory residential activities; and b) Wetland buffer areas, notably in the NW corner, that encroach into proposed residential lots will be required to mitigate, one square -foot for one square -foot, to an applicable, alternative area within the PUD and must be shown on the Preliminary Plat; and c) Alternative ground covers (other than gravel) for the trails adjacent to the wetland buffer areas shall be considered; and d) Construction of the north 720 linear feet of the one way Shakespeare Street extension shall occur in Phase 1, with final design approval by the City Engineer; and e) If the final drainage plan, after working with the Sebastian River Improvement District (SRID), modifies the conceptual design considerably, the Conceptual PUD Development Plan will need to be reconsidered by the Planning and Zoning Commission and the City Council; and f) An area of public parking shall be included for access to the public amenities; and g) The Developer and/or Home Owners Association shall be required to maintain the public amenities in perpetuity; and h) Traffic calming devices shall be provided for in the road design for the portion of Shakespeare Street and its extension between Lanfair Avenue and the River Oaks Preserve gate to help prevent cut through traffic. Section 4. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the 159 of 272 Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this I Ith day of October, 2023. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Approved as to form and legality. Jennifer Cockcroft, Esq. City Attorney 160 of 272 s[tasnAll IEDa.� as � r n re. w mxrs rso.. t. W¢ W �I yll ,,,• r.wn t \ UlfPARC AYR[AEt I UtElAN RRER?7: STREET ' s wb'.r • war o0 , r1 s 6>OJb]• [ ;M'- • (C) s rrsror [ sxs o,' M •K ,- • lOWE 0. :�tri • � I S[MSiun Wp4/aOSn�„ Zill1=MOM \\ _ _ Wauwa`man. 1 i •M.YlK! 1I .•�•' 1E•- I ,ENAIClSM'vIRP. SIREE'I • I •l f. • • _ `i• rr JJI J kkk... 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Db R.r•DYpw4 avaoa .tl lm u•q n ltl rWs a acl oAa tl rq aroa aao m tns rtm �aDn. w��}wt�ar. woo.DD toles u[q yssWgmniaDa t wa •rA. +a>e l0[t.OE qua t 1pI .r R moa urn M Wa. P M 9M, .n ri naro w x was � m+nm ue cuq .16fQO�6rsa,o m.�iF, F as utnc Woa .� toYAat M6 AWl l u ros.ravo oar.a ranoon D®..m.e+p r. ,s Kwrenstlmoo.[mmaAa,ovRama®itlswrroa,r • Rl�•Mi O �D A Na.�.D onrtai r.� i.�i 61ID � 9. n. rpatiMiO wprlp a.•M TK r•va Ytal�A•rOD�•DWS Ox�Yorrl a�[ �N.Q 0.� a9l rIwL1 uO. lrll rA LD:(9 afrAN wD Mr01 OaWD F It.Cv W a.M'aS K uoc Iav fA.s. c Kenneth J ^ , u Buchanan• BOUNDARY SURVEY "°• W tl-• . .••-•• .F.\- -.xa .r • M iDBERG AND COUNTY ROAD 510 D INC SEBASTIAN lSEBA6TIANI LLC rs rt• q I wa 0EI-tII `m PA 0 4. M OF SE N HOME OF PELICAN ISLAND Community Development Department Conceptual Planned Unit Development Plan Application Staff Report Project Name: River Oaks Preserve Requested Action: Approval of a Conceptual PUD Development Plan Project Location a. Address: South of Lanfair & Lighthouse Avenues, North of CR 510 & Citrus Hideaway Subdivision b. Legal: See survey C. Indian River County Parcel Numbers: 31-38-25-00000-7000-00002.0 31-38-25-00000-7000-00003.0 31-38-25-00000-7000-00004.1 31-38-25-00000-5000-00003.0 Project Owner: 85 Sebastian, LLC 8985 SE Bridge Road Hobe Sound, Florida 33455 5. Project Agent: 2GHO, Inc. Emily O'Mahoney, FASLA, PLA 1907 Commerce Lane, Suite 101 Jupiter, Florida 33458 (561) 575-9557, X103 E-Mail: emily@2gho.com 6. Project Engineer: BGE, Inc. Jim Vitter, PE 601 21" Street, Suite 401 Vero Beach, Florida 32960 (772) 217-5954 E-Mail: jvitter@bgeinc.com 7. Project Surveyor: Lidberg Land Surveying, Inc. Kenneth J. Buchanan, PSM 675 W. Indiantown Road, Suite 200 Jupiter, Florida 33458 (561) 746-8454 1 162 of 272 8. Project Description a. Narrative of proposed action: The subject properties, which were previously citrus groves, were annexed into the City of Sebastian in early 2004, with approvals for their future land use and PUD-R zoning following shortly after. The Land Development Code requires a conceptual PUD development plan to be submitted and approved when requesting a PUD zoning designation. The original conceptual PUD development plan for River Oaks Preserve was considered and approved in 2004 when the rezoning ordinance was adopted. b. C. North: East: South: West: Between the years 2005 to 2007, the project received approvals for its Preliminary Plat, subdivision construction drawings, and was issued a landclearing permit. Partial landclearing occurred before the project's financing was no longer available, after which construction was stopped. In the ensuing years, city approvals and permits expired, and the property has since become overgrown and re -vegetated with Brazilian Pepper Trees. The current developer purchased the properties in 2020. Although the original conceptual PUD development plan has expired, the properties retain their PUD-R zoning designation. The current application is not requesting any rezoning or a different zoning designation. However, because the current proposed plan is amending the originally approved River Oaks Preserve conceptual plan, LDC Section 54-4-20.2(a)(5).c.8 requires the plan to be processed and reviewed as per the original. The current, proposed two -phased plan consists of 146.5 +/- acres, located south of Lanfair and Lighthouse Avenues, and north of CR 510 and Citrus Hideaway Subdivision. The existing land use designation is VLDR (Very Low Density Residential) which allows a maximum of 3 units per acre. The current plan outlines a total of 140 standard single-family lots and 212 single-family cluster units for a proposed density of 2.40 units per acre. Additionally, land is being conveyed to FDOT for their CR510 widening project, along with land dedication to the city for additional Right -of -Way for a Shakespeare Street extension. The project is located within the Urban Service Boundary Area for water and sewer utility service. Current Zoning: PUD-R (Planned Unit Development — Residential) Current Land Use: VLDR (Very Low Density Residential, max. 3 units/acre) Adjacent Properties Zoning Current Land Use RS-10 Residential RS-10 Vacant A-1 (County) Vacant A-1 (County) Vacant & Single Family CON-1 (County) Conservation A-1 (County) Vacant & Single Family CON-1 (County) Conservation KA Future Land Use LDR (5 du/ac) VLDR (3 du/ac) R (1 du/ac) R (1 du/ac) C-1 (0 du/ac) R (1 du/ac) C-1 (0 du/ac) 163 of 272 d. Site Characteristics (1) Total Acreage: 146.5 +/- acres (2) Current Land Use(s): Vacant (3) Soil: Eau Gallie Fine Sands Riviera Fine Sands (0-2% slopes) Wabasso Fine Sands Riviera Fine Sands, frequently ponded (4) Vegetation: Abandoned Groves, Undesirable Exotics, and Mixed Wetland Hardwoods (5) Flood Hazard: Zone X and AE (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: On -Site Recreational Amenities (9) Police/Fire: Sebastian Police 5.25.miles County Fire — 2 miles 9. Comprehensive Plan Consistency a. Future Land Use: Very Low Density Residential (VLDR- 3 units per acre) b. Level of Service (1) Traffic: (Initial Traffic Statement enclosed) The estimated preliminary trip generation for the proposed PUD will create an ADT of 3,212 spread over a projected two-phase buildout schedule. Therefore, the proposed development will create an increased demand on the existing roadway network. Traffic impacts to neighboring roadways and intersections will be analyzed during preliminary plat applications and through a full Traffic Impact Analysis to determine mitigation strategies and any possible off -site roadway improvements. The subdivision incorporates two "primary" access points; one of which will be a direct access to CR 510 and one on the proposed Shakespeare Street extension. A stabilized emergency access drive is proposed in Phase 2 onto Lanfair Avenue. (2) Potable Water: The property will be serviced by public water provided by Indian River County Utility Services. Several points of connection are available. The applicant will be required to connect to county utilities and has ascertained that adequate capacity is available at the North and South County Public Water System to handle the additional projected flows. (3) Wastewater: The property will be serviced by public waste water provided by Indian River County Utility Services. The applicant will be required to connect to county utilities and has ascertained that adequate capacity is available at the North and Central 3 164 of 272 Wastewater Treatment Facilities to handle the additional projected flows. Points of connection will be determined and reviewed by IRC Utilities. Once sewer service is established in the PUD, there may be a possible point of connection to bring sewer service into the adjacent Sebastian Highlands area. (4) Stormwater: The level of service standard is regulated by the St. Johns River Water Management District, the same for all developments. The stormwater management system will be internal to the development and managed by the HOA. (5) Recreation: The proposed PUD will be required to contain minimum open space and recreation areas in accordance with minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. Conceptually, the proposed PUD indicates compliance with these minimum standards. (6) Solid Waste: There will be an increased demand on solid waste as the property is currently vacant. 10. Conformance with Code of Ordinances: The proposed conceptual PUD plan is consistent with the Code of Ordinances. 11. Changed Conditions: Existing site consists of a re -vegetated, abandoned citrus grove with a proposed change in use to a single-family residential subdivision. 12. Land Use Compatibility: Subject property is adjacent to vacant land, low density residential and conservation land uses. Low density single-family residential provides for consistency with relation to future growth and development. 13. Adequate Public Facilities: Public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and on -site stormwater tracts are also incorporated in the proposal. 14. Natural Environment: The proposed PUD will be required to contain minimum open space and recreation areas in accordance with minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation including any required mitigation measures and minimum buffer areas around existing wetland and river tributary areas. 15. Economic Effect: The proposed subdivision provides an additional 146.5 +/- acres of land area and 352 residential units, which in turn creates an expanded tax base for the City of Sebastian. Fees collected from the development will fund basic services of the City, including stormwater and recreation services. The proposed development will not adversely affect the property values in the area, or the general health, safety and welfare of the community. 16. Orderly Development: The proposed conceptual plan is consistent with the comprehensive plan and provides for orderly development given the location of the site, which is adjacent to other residential properties. The property has provided assurance of the availability of sufficient public facilities and access. 17. Public Interest: The Comprehensive Plan outlines the necessity to incorporate quality residential developments and housing stock with a mixture of housing types which should be developed as M 165 of 272 "Healthy Communities." The project, by introducing cluster -type housing units to the area, and providing recreational amenities that will support healthy lifestyles and physical activities, is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed conceptual plan is not in conflict with public interest. 18. Contents of Conceptual Development Plan: a. Vicinity map: provided - Zoning and Land Use Maps, attached b. Property boundaries: provided — Survey, attached C. Existing conditions: provided — Environmental Assessment, attached d. Development plan: provided: (1) Land use: VLDR (Very Low Density Residential) (2) Circulation: The roadway design plan incorporated within the conceptual development plan depicts two points of ingress/egress along with an emergency only access point. The internal circulation system consists of connecting curvilinear streets within each Phase. (3) Conceptual drainage plan: Attached - Final design of the proposed wet and dry stormwater tracts will be required to be in compliance with SJRWMD standards and in coordination with the Sebastian River Improvement District. (4) Density: 2.4 units per acre (5) Nonresidential use square footage: none proposed e. Written material: Provided — PUD Justification Statement, attached (1) Planning objectives: The River Oaks Preserve PUD Conceptual Development Plan consists of 2 Phases. The designation of a property as a PUD is intended to promote creative design. In a PUD, elements of the design such as lot size, setbacks, etc. may be negotiated to allow clustering of open space and recreational areas. The proposed plan indicates that while offsetting requested dimensional considerations with public benefits, compliance with open space, recreation, and stormwater requirements will be met. (2) Development schedule: provided (3) Environmental impact statement: An initial environmental assessment was submitted for review with the conceptual PUD plan. A full environmental study will be provided with the preliminary plat/plan approval, and a 100% Gopher Tortoise Survey before landclearing. (4) Public facilities impact statement: (a) Quantity of wastewater generated; Based on Sebastian's adopted Level of Service for sanitary sewer, which is 250 gallons per day per unit, an estimated �i 166 of 272 88,000 gallons per day will be generated for the development. Capacity is available and has been verified with Indian River County Utilities by the project engineer. (b) Description of proposed recreational facilities; Both phases will be providing recreation tracts, trails, and/or Community Common Areas within their respective area. A portion of the trails will be available for general public use. Cumulatively, all phases will meet the subdivision's total recreational space requirement. (c) Quantity of potable water required; Based on Sebastian's adopted Level of Service for potable water, which is 250 gallons per day per unit, an estimated 88,000 gallons per day will be generated for the development. Capacity is available and has been verified with Indian River County Utilities by the project engineer. (d) Estimated number of school age children expected within the development: The developer must provide a School Capacity Availability Determination Letter (SCADL) from the Indian River County School District with the submittal of the preliminary plat/plan. However, an initial estimate of school -attending children that may live in the development, based on a. SDIRC formula, is approximately 144, which current school capacity can accommodate. (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and Not provided (f) Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable. This project is not a Development of Regional impact as defined by the Florida Statutes. f. Open space and landscaped areas: The proposed PUD will provide 7.09 acres of recreation space and 84.33 (56%) open space to satisfy the minimum standards as established by the comprehensive plan. The conceptual plan indicates areas that will be providing perimeter landscape buffer strips varying in width in addition to required wetland buffers. Staff recommends that in areas where a single-family or cluster unit lot abuts a wetland buffer that a conservation or agriculture -type fence is installed to help prevent residential encroachment. 19. Other Matters: The developer is requesting consideration in regards to the PUD design for the proposed average lot widths, minimum yard setbacks, cluster unit lot dimensions and lot coverage, one-sided bike/sidewalk on Shakespeare Street, and to include the garage in cluster housing for parking. These design allowances would be counterweighed with additional public benefits such as the Shakespeare Street extension ROW dedication, conveyance of property to FDOT, tree and wetland preservation, the trail system, and lower density. The subdivision property contains easements and drainage ROW's owned by the Sebastian River Improvement District (SRID). The applicant has met and coordinated with SRID in 0 167 of 272 regards to the subdivision's proposed conceptual design. SRID will not formally consent to the proposed design at this time until additional technical stormwater details are provided and easements are re -dedicated and/or abandoned. However, they have submitted a Proposed Release Agreement to staff (attached) indicating the conditions the project will need to address in proceeding forward. If the proposed subdivision plan is amended considerably in order to address SRID's drainage rights, the revised plan may need to be reconsidered by the PZ Commission and City Council. The developer and project engineer have met and coordinated with FDOT in regards to its upcoming CR 510 widening project and is conveying property adjacent to the roadway for anticipated improvements. Based on the initial traffic statement submitted for the PUD, "the level of service is C in the existing condition and will remain level of service C in post development, post widening condition." A full Traffic Impact Analysis will be required with the subsequent Preliminary Plat application that will be reviewed by both FDOT and IRC. The developer is proposing to construct, and then dedicate to the city, 1270 linear feet of 50- foot wide right-of-way for the two-way, south end portion of the proposed Shakespeare Street extension, located along the eastern boundary of the subject property. Another 720 linear feet of 25-foot wide right-of-way for the one-way, north end continuation of Shakespeare Street will be also be constructed and dedicated to the city as part of Phase 1. In the future, additional right-of-way from a recently annexed parcel adjacent to the River Oaks property will be dedicated when future development occurs on that parcel, providing for another section of Shakespeare Street to extend to two-way traffic. Objective 2-1.6, Connectivity, from the City's Comprehensive Plan's Transportation & Mobility Element (attached), list several Policies that require, and support the planning need to extend Shakespeare Street. The existing tree survey indicates protected and specimen trees that the surveyor could assess and locate considering the current accessibility conditions of the property, i.e. thickness of Pepper Tree growth throughout. At this point in development, landclearing is not permitted, with the city consenting to minimal grubbing to allow limited surveying for wetland determination and initial assessment of flora and fauna. The developer has provided for increased buffer areas along the northern boundary in order to preserve the existing hardwood hammock. A follow-up tree survey will be required with the Preliminary Plat submittals for each phase, allowing for a more accurate review of tree preservation in other areas not yet thoroughly surveyed. Existing wetland areas and limits (10.64 acres) were approved by SJRWMD in February 2023. The conceptual plan has been designed to provide the required SJRWMD 25-foot wetland buffer around those areas in addition to the extra 25-foot buffer that the city requires. Nature trails are being incorporated into the 50-foot buffer areas in order to allow the project to meet its recreational requirements and affording the subdivision residents — and in some areas, the general public — enjoyment of the preserved natural environment. To maintain these natural buffers and trail areas, staff recommends that where a residential lot abuts a buffer tract or easement, a conservation or agriculture -type fence (split -rail) is installed to prevent adjacent residential encroachment into the buffer area (with fire pits, play equipment, etc.) The fence would be a visible boundary for the buffer area and/or residential lot. 7 168 of 272 • The Fire Marshall has reviewed the cluster -unit lay -out with regards to fire truck and emergency vehicle access, and has found accessibility to be in compliance with regulatory fire codes. 20. Conclusion: The proposed Conceptual PUD Development Plan is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends that City Council approve Ordinance 0-23-11 approving the Conceptual PUD Plan for River Oaks Preserve Subdivision with the following conditions: a) In areas where a residential property line abuts a wetland buffer area or conservation tract/easement, a 3-4 foot high fence will be required, i.e. a conservation or split -rail type fence, to establish the specific boundary and prevent encroachment of accessory residential activities; b) Wetland buffer areas, notably in the NW corner, that encroach into proposed residential lots will be required to mitigate, one square -foot for one square -foot, to an applicable, alternative area within the PUD and must be shown on the Preliminary Plat; c) Alternative ground covers (vs. gravel) for the trails adjacent to the wetland buffer areas shall be considered; d) Construction of the north 720 linear feet of the one-way Shakespeare Street extension shall occur in Phase 1, and with the final design approved by the City Engineer; and e) If the final drainage plan, after working with SRID, modifies the conceptual design considerably, the Conceptual PUD Development Plan will need to be reconsidered by the PZ Commission and City Council; The Planning and Zoning Commission held a public hearing on August 3, 2023 regarding the proposed Conceptual PUD Plan, and by a vote of 5-2, also recommended City Council approve the plan with the following additional conditions: f) An area of public parking shall be included for access to the public amenities; g) The developer/HOA shall be required to maintain the public amenities in perpetuity; and h) Traffic calming devices shall be a part of the road design for the portion of Shakespeare Street and its extension between Lanfair Avenue and the River Oaks Preserve gate to help prevent cut -through traffic PREPARED BY DATE 169 of 272 Objective 2-1.6: Connectivity. Provide for the protection of existing and future right: -of -way (ROW) to ensure connectivity in the mobility network. See also Objective 2-1.1. Policy 2-1.6.1: Land Acquisition. The City shall develop a priority listing of needed ROW for the purpose of orderly and economical land acquisition. Policy 2-1.6.2: Right -of -Way. The City shall compile and maintain a listing of existing and projected needs for ROW within the urban area. Policy 2-1.6.3: Setbacks. The City shall require additional building setbacks for new construction on roadway corridors identified as needing additional ROW. Policy 2-1.6.4: ROW Standards. The City shall establish standards for donation/dedication of ROW by developers. Policy 2-1.6.5. Ensuring Connectivity. Wherever possible, the City shall require that future development reserve ROW in a gridded street network that ensures connectivity. Policy 2-1.6.6: Cul-de-sacs. Cul-de-sacs will not be encouraged. Where connectivity is not available, the City shall ensure that adequate turning areas are provided for emergency service vehicles. Policy 2-1.6.7: Public Roadways. The City shall require that roadways be dedicated to the public to connect with and shorten existing public roadways. Policy 2-1.6.8: Subdivisions. New subdivisions shall be required to "stub -out" to adjoining undeveloped lands to promote road connectivity, and to connect to existing roadways that are "stubbed -out" at their boundaries. The City shall require that future subdivisions with 25 units or more, at a minimum, have at least two (2) points of access open to motor vehicle traffic. Policy 2-1.6.9: Access. The City shall establish access management standards in the LDC to ensure appropriate access to the City's transportation system. Standards may include the requirement of joint - use driveways and/or cross access easements to access sites. Policy 2-1.6.10: Major Thoroughfare System. The City shall preserve the major thoroughfare system by requiring development of parallel roads or cross access easements to connect developments as they are permitted along major roads. Policy 2-1.6.11. Traffic Calming. The City shall consider developing a technical traffic calming manual identifying measures for prioritization and implementation of traffic calming measures on public roadways. Objective 2-1.7: Wayf nding. The City shall implement wayfinding mechanisms to give direction and prevent confusion for all mobility modes. Policy 2-1.7.1: Comprehensive Wayfinding System. The City shall develop and maintain a comprehensive wayfinding system that appropriately scales directional signage for both vehicular and pedestrian travel routes, as well as the location of major civic uses. �do�pteaJune�232021�� 170 6?V2 .Iry - - lk I -rn River Oaks Preserve City of Sebastian, Florida �w O. �r' T4 O �` S ND� 7r+V L BELFAST TER�6`� Oy,�, \\�� 'y O k iRl(� HV �� O �o �F� �� Oy ` V x ,~„ BROOK EDGE TER P ° U n m LU N i ROLLING HILL DR QQ. P�� Q N O Y . O vTrI ��\.1 A 4 . FZ y �k fi�1 �F� p �i •j�y.� s,�L0�CQ ,Q SG s G2 l SPA �{-0 p R Ow in O L, e wm p L� L s in L< P G �� i� Fy <2 Od Jt > F C LU -� s G ��, Z� \d < <� 2 BMRBER ST O ER <y �Q t�To �/�� 2 YEARLINGTRkIL z ��° CC �� ' ' MIbV`r� �� N N -VENDR 0 ti dom�1dr _ FrIRr;V 1EMRLINGT,� MEMORInL r+V 11 Ste �11 ■ CONSERVATION (0.25 FAR) MEDIUM DENSITY RES. (10-12 dulac) VERY LOW DENSITY LIMITED COMMERCIAL RESIDENTIAL (3 du/ac) (0.6 FAR) LOW DENSITY RESIDENTIAL GENERAL COMMERCIAL (5 dulac) ■ (1.0 FAR) MOBILE HOME (5 du/ac) ■ COMMERCIAL 512 (0.5 FAR) RIVERFRONT MIXED USE (0.6.1.0 FAR, B-10 du/ac) ■ INDUSTRIAL (0.5 FAR) ■ INSTITUTIONAL (0.6 FAR) MIXED USE (0.6.1.0 FAR, 10-12 dulac) Future Land Use Map ■ HEAVY INDUSTRIAL (0.5 FAR) 3.30.23 172 of 272 River Oaks Preserve City of Sebastian, Florida pc ` V' 'O� `' rcR uJ r;V O k: t�,y V � 0�y0 G ``�\� z' p'" 65,P V°2 0 N BROOKEDGETER, �� O O F� C G�� ♦JF^ o m w 1 ROLLING HILL DR �^ z F- Oio Nn o LAN � O . � O zv w w R w Co ER ICO t CY m Ln \x�� Zs pis icy �LOR o LH; v, s G� �j Z� C �2 1 ! lti 2 B �+RBER 5T O l cr �, 2 < r 2 U v+ ��Q ryo. O SO z�Z lO Z ��Q YEt,RLINGTRrIL i O . t r i�� Fp l'G ` C'L 4 = r w of a m �i kik)Oy ! EVEN DR O Q��* 5 " " 1� 1� 1 1 �- 1 1. A4;1bTH ST%�MM Airport & Industrial (AI) Conservation (C) Commercial 512 (C-512) Commercial General (CG) Commercial Limited (CL) Commercial Riverfront (CR) Commercial Waterfront Residential (CWR) Industrial (IN) County Agricultural (IRC-AI) Public Service (PS) Commercial Planned Unit Dev. (PUD-C) r,IR r v yElRLINGT� MEMORIr-L rnV �Ii I-1,QiicC tV Site P Mobile Home Planned Unit Dev, _1(PUD-MH) Residential Planned Unit Dev. (PUD-R) Residential Mobile Home Su/ac (R-MH) Residential Estate 1du/40,000ft2 (RE-Q) Ex. Zoning Map Residential Multi -Family Su/ac (RM-S) Residential Single -Family 1clu/ 10,000 ft2 (RS-10) Residential Single -Family Idu/ 20,000ft2 (RS-20) fJ 4 3.30.23 173 of 272 2GHO Landscape Architects Introduction: Planners • Environmental Consultants RIVER OAKS PRESERVE PUD JUSTIFICATION STATEMENT LA-OadG530 George G. Gentile F80 It. Troy Holloway ASO Emily M. 971ahoney rASLA, PLA, LED'AP, BOV ORIGINAL SUBMITTAL: NOVEMBER 9, 2022 1ST RESUBMITTAL: APRIL 28, 2023 2"d RESUBMITTAL: July 20, 2023 On behalf of the Applicant, 85 Sebastian LLC, 2GHO, Inc., acting as agent, respectfully request approval of the following requests: 1. PUD Conceptual Development Plan for 146.52 acres of land for a residential Planned Unit Development of 352 detached single-family units for sale or rental at 2.40 dulac. River Oaks Preserve PUD will be a single-family residential development within the City of Sebastian on 146.52 acres of land. The current Land Use Designation is Very Low Residential and a Zoning of PUD-R. The site is a combination of natural wetlands stemming from or part of the South Prong of the Saint Sebastian River and a vacated citrus farming endeavor with man-made canal remnants. The development concept is to celebrate the natural features and carry the form throughout the project with publicly accessible trails through natural and created wetlands, storm water ponds and open spaces. The proposed development is poised to set a precedent for future residential development in Sebastian that prioritizes environmentally sustainable design and community engagement. There are two separate residential building typologies proposed: 1. The northern part of the project will have 55' and 70' wide single-family lots, similar to what was approved in 2006. These lots will be within (2) internal gated entries. 2. The southern portion of the project contains two different detached single-family cluster -- housing types around a courtyard which we are calling Court A and Court B. Court A has W N ` 9 single-family units surrounding a courtyard while Court B has 7 units, both accessible N for fire rescue. All units are efficiently sized with an average of approximately 1,300 e� o square feet of livable space (not including the two -car garages) to appeal to a broad range of residents and lifestyles, which is consistent with the goals of the Comprehensive Plan. U Z:) As part of the PUD and consistent with the goals of a PUD, the Court designs are W ¢ requesting relief to several dimensional criteria as part of the PUD. This includes relief on �m single-family lot area and setbacks to create a unique living environment which increases the open space for the project. The cluster housing units are each on their own separate tax parcels. The intent of the Applicant is to develop this cluster type housing as rental homes, a much -needed housing product type in Sebastian and the overall region, 1991 COMMERCE LANE, SUITE I&I. JUf ITER. FLORIDA 33458 5br-5 75-9557 1GHO.GOM 174 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 2 of 11 however as each unit will be on a separate tax parcel so the Applicant could sell the homes if desired. The Court design of cluster housing offers a unique life style of socializing in the courtyard for those in the cluster. Driveways are very short to discourage parking in front of the individual garage and promote parking inside the garage. With a signature planting/tree in the center of each courtyard, individual character will be developed and a sense of uniqueness. This cluster style development also allows the perimeter access roads to contain a beautiful green vegetation buffer rather than a row of single-family homes and their garages. Moreover, the cluster housing allows for greater shared amenities, open space and improved sense of community. The cluster housing meets the intent of the Comprehensive Plan in several aspects and is allowed through the PUD process. First, it provides efficiently sized housing with unit types that are sufficient for most needs of the targeted population. People who are seeking non- apartment living but who do not want to care for private landscaping or other homeownership costs will find this product type particularly desirable. There is minimal land around the house structures which still allows for patios and a sense of privacy while being managed by the property association. Planning housing in this manner creates units that have little to no grass to minimize irrigation demand but rather low growing material to create a natural oasis surrounding a paved court with center planting area. The land, which under typical designs as part of a single-family lot, is given over for shared use and added to the overall open space of the community as a whole. The cluster housing, as proposed: 1. Brings amenities of a common clubhouse, community pool, playground, mail building pickleball courts and dog park for residents; 2. Allows a trail system to meander throughout the project through natural and man-made ecosystems. Access to the trails is never far from any one house or court. The trail system gets residents outside and moving for better health; 3. Minimizes high maintenance landscaping in lieu of natural, minimally maintained, landscapes creating sustainability by lessoning maintenance costs and reducing the carbon footprint; 4. Creates space for socialization in each Court making it conducive for the residents to get outside and gather; 5. Part of sustainable green building is not to build more than you need. These units are sized for the needs of a couple or young family; 6. While units are moderate, they each include a two -car garage to keep vehicles out of the strong Florida sun, heat and pedestrian gathering area. 7. Landscape trees will create canopy and reduce the heat island effect for the Courts. As a celebration of the land, there are walking trails with signage throughout both phases of this development for all to use and enjoy. Phase Information: The start date of construction will be 14-16 months based on approval process with construction of development within 24 months. History of Droiect: The property was previously approved in 2006 for a total of 365 dwelling units. There were 265 units at 55' wide lots and 100 units at 70' wide lots with a density of 2.47 du/ac. 0:1River Oaks Preserve - ModicMApplications\Site Plan Application\Application MaterialsWUSTIFICATION - FINAL 07.20.23r.docx 175 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 3 of 11 Since that previous approval, FDOT has identified SR510 as a road which needs to be widened and expanded since it is a major evacuation route out to the 1-95 corridor. Design plan are currently in the works at 60% completion. It will be executed in stages and not yet funded. It is anticipated that the River Oaks Preserve will be completed prior to the improvements adjacent to this property. Additionally, the City of Sebastian has identified a need for connectivity of the city, mainly the extension of Shakespeare south to SR510 on the east side of the subject property. A property to the east of our subject project will dedicate 25 feet to this roadway (approximately 720 feet). The remaining 1270 linear feet will need to have all of the right-of-way on the subject property as the rest of the adjacent property to the east is in the County and the City has no control. Surroundina Land Use and Zonina designations: Land Use Zoning North: Low Density Residential (LDR) RS-10 South: AG-1 (IRC) A-1(IRC) East: Low Density Residential (LDR) RS-10 West: AG-1 (IRC) A-1 (IRC) Site Characteristics: 1. Total Acreage: 146.52 acres a. SRID additional +3.05 acres b. FDOT R/W dedication -3.53 acres c. Shakespeare dedication -2.21 acres Net Acreage 143.83 acres 2. Current Land Use: Very Low Residential Density 3. Soil: Eau Gallie fine sand, Riviera fine sand, 0-2% slopes, Wabasso fine sand and Riviera fine sand, frequently ponded 4. Vegetation: Old Citrus Trees, Brazilian Pepper 5. Flood Hazard: Zone A. AE and X 6. Water Service: Indian River County Utilities 7. Sanitary Sewer Service: Indian River County Utilities 8. Police/Fire: Sebastian Police — 7 miles Indian River County Fire — 5 miles *Note that the Applicant and design team met with IRC Fire Rescue to discuss the proposed site plan in May 2022. Environmental Imaact Statement Atlantic Environmental determined that the property supports approximately 128.69 acres of uplands, +l- 7.19 acres of surface waters, and +l- 10.64 acres of wetlands. These natural resources must be addressed in the development process, through permitting, avoidance, mitigation, or some combination thereof. See attached Environmental Assessment report for complete analysis. Existina Tree Statement The tree canopy of the parcel can be categorized into three different ecosystems: 1. Brazilian Pepper trees over taking the areas previously containing citrus trees for approximately 80% of the parcel. The Pepper is thick and makes it difficult to get through without clearing. There are occasional young Laurel Oaks that have volunteered over the 0:1River Oaks Preserve - Modica\Applications\Site Plan Application\Application Materials\JUSTIFICATION - FINAL 07.20.23r.docx 176 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 4 of 11 last 10 years. The Applicant plans on keeping or relocating as many quality specimen trees as possible in hopes of exceeding the City's requirements for tree mitigation. a. ACTION: Attain permits to remove all Brazilian Pepper and any other exotics. 2. Quality upland: This area consists of Live Oak (primary) with some Slash Pine and Sabal Palms. The area is 125' of the northeast part of the property, a place where it was preserved with the prior approval and will be preserved with this submittal. There are approximately two acres of upland material (65 feet x 1326 feet=1.98 acres) within an additional buffer of 60' for a total of 3.8 acres. a. ACTION: No impact to this area other than removing any exotic material. 3. Wetlands: The wetlands contain some invasives, especially along the edges but all native desirable material will be preserved in place. Restored wetlands will be planted as needed to provide a quality wetland for the whole area. a. ACTION: Attain permits to remove exotic material from wetland and wetland buffer. Restore as required. Public Facilitv Impact Statement: The proposed development is designed to minimally impact the surrounding public facilities. A private community amenity including a pool with clubhouse and courts are proposed. Schools for the development will be within Indian River County; Water and sewer services will be provided by Indian River County Utility Department; Indian River County School — student Generation Rates. The development is proposed 352 single-family units with a student generation rate of 145.60 students; - Elementary — 0.189 x 352 = 66.53 - Middle — 0.097 x 352 = 34.14 - High School — 0.123 x 352 = 43.29 - TOTAL 143.96 PUD Conceptual Development Plan. Section 54-3-9.8(b): (b) Other Facilities: 1) Solid Waste — NIA 2) Potable Water required: total project ERUs* 250 gallons per day per (per 109-3 = 352 units * 250 gallons = 88,000 gallons per day. Project site is within the Urban Service Boundary area. 3) Sanitary sewer required: total project ERUs* 200 gallons per day per (per 109-3) = 352 units * 200 gallons = 70,400 gallons per day. Project site is within the Urban Service Boundary area. 4) Drainage - The proposed grading plan and stormwater management system are expected to have minimal environmental impact. The proposed project is intentionally using the existing slough and wetlands for drainage needs to retain the natural movement of the land. An existing SRID canal easement through the eastern portion of the land will be modified to allow for a more natural looking drainage feature while preserving the conveyance of off -site contributing areas east of the site to the south prong of the Sebastian River. The Applicant and design team have met twice with SRID in the last 5 months to review SRID drainage requirements for the site. SRI D has provided the relevant hydrologic data and BGE Inc., the project civil engineer, will continue to work with SRID to accommodate SRID's drainage requirements for the site. A combination of 0:1River Oaks Preserve - ModicalApplications\Site Plan Application\Application Materials\JUSTIFICATION - FINAL 07.20.23r.docx 177 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 5 of 11 interconnected wet detention ponds, with dry ponds to achieve nutrient removal, will be added to compensate for additional storm runoff. 5) Recreation area - In celebration of the land, over 3.3 miles of natural walking trails will be available for the general public to use, meandering through the preserved wetlands and along the South Prong of the river. These trails allow access to these unique areas, not currently accessible through private property. Recreation: Both phases of the development project will have private amenity areas that include pools, a community building, pickle ball courts and a dog park. Some of the 6' wide trails will be private and included in the recreation number. The public recreation amenity includes a public trail system through the project and specifically along the fork of the Sebastian River. There is no public parking for access to these trails within this project. The recreational areas exceed the recreational requirement. Recreation Table Proposed Units Population 2.24/Unit Recreation Area .01 AC/Unit Private Recreation Area AmenityAreas and Dog Park Private Recreation Trails .89 miles of 6' (.64ac.) Public Recreation Area 50% Min of Area Public Recreation Trails 2.41 miles of 6' Required Provided 352 Units 352 Units 788 788 3.52 Acres 7.09 Acres 5.33 Acres 1.76 Acres 1.76 Acres Traffic Impact Statement (see attached Traffic Statement): 7/20/2023 Trip Generation The trip generation was calculate using ITE Trip Generation 11th Edition. The project will generate 3,212 daily trips, 257 AM peak hour trips and 335 PM peak hour trips. Attachment 2 summarizes the project trip generation. The analysis of the project trips on the surrounding network and the evaluation of the project access, will be provided in a detailed traffic impact analysis. Note that the Applicant and design team met with Rich Szpyrka, PE, IRC Public Works Director and his colleagues to review traffic methodology and access on September 16, 2022. The Applicant and design team also met with FDOT on August 1, 2022 to review the SR 510 expansion. The proposed site plan includes the most recent FDOT widening plans based on the design files provided by FDOT in August 2022. Residential Units: O:\River Oaks Preserve - Modica\Applications\Site Plan Application\Application Materials\J USTI FICATION - FINAL 07.20.23r.docx 178 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 6 of 11 There will be a mix of larger lots on the north side of the project site to meet the intent of 54-2- 5.11(f)(5). - Per 54.-2-5.11(f)(5)0 - the average residential lot size for an attached or detached single- family unit shall not be reduced by less than 75% of the required minimum lot size in the adjacent single-family residential zoning district. There is no minimum lot size for multiple - family residential structures, excepting attached single-family units, townhouses, patio homes, and similar clustering of residential units which shall follow the guidelines as established above"). Requested Dimensional Considerations: This section is provided to highlight where the proposed PUD plan varies from straight zoning requirements while meeting the intent of the comprehensive plan and PUD-R zoning. Standard Sinale-family Lots The proposed lot sizes for the single-family northern lots are in keeping with the previously approved plan and consistent with the market driven new home development in South and Central Florida. Since this is a PUD project, the development is looked at as a whole with space given to preservation/conservation and quality open space which can be shared by all. River Oaks creates a unique setting by celebrating the character of the land and water. The request is for relief to dimensional requirements to lot size dimensions and lot coverage percentages for the standard single- family product. Please note that there is an increase in the overall open space. Standard Single-family Lots: 1. Reduction in lot dimensional criteria 2. Reduction in setbacks (side interior) Cluster Sinale-family Courts Creating a unique lifestyle which minimizes private outdoor space while enhancing community outdoor space, the single-family cluster housing as proposed in the Courts brings compact neighborhoods together around a central courtyard. According to the APA (American Planning Association) cluster housing promotes physical activity by increasing walking and provides for a greater sense of community. Per the City's Livability Workshop (February 20, 2020), housing diversity and compactness are livability features that benefit everyone. By having smaller for -rent or for -sale homes averaging approximately 1,300 SF (not including the garages) surrounding each Court, the development provides a much -needed alternative to the typical for -sale homes located in the northern section of the site (55' wide and 70' wide lots) and neighboring developments. Each Court will have a signature tree planting in the center of the courtyard which will allow a shady place to gather, the center of each small neighborhood. Full driveways are not provided for parking cars so that parked cars will not be part of the court landscape. Each O:IRiver Oaks Preserve - Modica\Applications\Site Plan Application\Application Materials\J USTI FICATION - FINAL 07.20.23r.docx 179 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 7 of 11 residence will have a full 2-car garage for their vehicles. To achieve this type of lifestyle, the Applicant is requesting several waivers from code as part of the PUD. As part of the Conceptual Plan for the Planned Unit Development -Residential (PUD-R), the following are dimensional requirements as set by the PUD-R which includes minimum lot size, width, depth being requested. For reference, the size and dimension criteria for the PUD-R are as follows. Please note that there is an increase in the minimum open space area. Cluster Court Lots: 1. Reduction in lot dimensional criteria 2. Reduction in setbacks (front, side interior and rear) 3. Increase in lot coverage and impervious area 4. Removal of 2 parking spaces outside the garage requirement Open Space Table Total Site Area SRID Addition FDOT RW Dedication Shakespear Dedication Net Site Area Lake Area Required Open Space Proposed Open Space 50% Min. of Net Site Area Amenity Areas Cluster Court 33% Min. of Each Court Cluster Court B 34% Min. of Each Court Single Family Lots 30% Min. of Each Lot La ke Area Existing Wetlands Wetlands to be Removed Preserved Uplands Remaining Common, Buffers & Green Areas Total Open Space 4/26/2023 146.52 Acres 3.05 Acres See Note 1 3.53 Acres 2.21 Acres 143.83 Acres 15.57 Acres 11% of Net Site Area 71.92 Acres 84.33 Acres 59% of Net Site Area 4.69 Acres 6.38 Acres 3.68 Acres 8.18 Acres 27.27 Total Acres of SF Lots x 30% 7.79 Acres 50% of Lake Area 10.64 Acres -0.24 Acres 1.98 Acres 41.23 Acres 84.33 Acres O:\River Oaks Preserve - Mod ica\Applications\Site Plan Application\Application Materials\JUSTIFICATION - FINAL 07.20.23r.docx 180 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 8 of 11 Development Parameters RS-10 PUD-R Single Family Cluster Units Minimum Lot Size 9,500 s.f. 75% = 7,125 s.f. 7,150 s.f. 3,240 s.f. Minimum Lot Width 80 ft 75% = 60 ft Ave. 59.07 ft Average *51 Lots Facing Ex. Subdivision 60.88 ft Average Minimum Lot Depth 100 ft 75% = 75 ft 130 ft 60 ft Minimum Living Area 1,200 s.f. 75% = 900 s.f. 900 s.f. 900 s.f. Minimum Yard Setbacks Front: 25 ft 25 ft 10 ft Side: 10 ft 7.5ft 7.5ft Rear: 20 ft 25 ft 15 ft Pools/Pool Enclosures Front: 20ft n/a Side: 5 ft n/a Rear: loft n/a Patios Front: 5 ft S ft Side: 5 ft 5 ft Rear: 10 ft 3 ft Decks Front: 5 ft 5 ft Side: 5 ft 5 ft Rear: 10 ft 5 ft Maximum Building Height 25 ft 25 ft 25 ft Maximum Lot Coverage Buildings:30% 45% 44% Impervious Area: 55% 65% 600/0 Minimum Separation Distances Between Residences: 20 ft 15 ft 15 ft Minimum Open Space 7/18/2023 Lot:50% 30% 33% Project Wide: 50% 60% Provided Minimum R.O.W. Width 50ft 50ft 50 ft pe r Cl uster Sidewalks: 5' Sidewalk Internal Roads (1side), 8' Sidewalk/Bike Trail Along Shakespeare Rd. Landscape Buffer: Minimum 25' Landscape Buffer along all PUD Boundaries with Increased Buffers along North Property Line and Defined Wetland Areas Parking: Minimum Off -Street Parking: 2 Spaces Per Dwelling Unit Standard Single -Family (Excluding Garages) Single -Family Cluster Units (Including Garages) Requested Dimensional Considerations to: Average Lot Width Minimum Yard Setbacks Cluster Unit Lot Dimensions and Lot Coverage One -side Bike/Sidewalk on Shakespeare Road Include Garage in Cluster Housing for Parking Public Benefit: Shakespeare Expansion, SR 510 Widening, Trails, Lower Density 0:1River Oaks Preserve - Modica\Applications\Site Plan Application\Application Materials\JUSTIFICATION - FINAL 07.20.23r.docx 181 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 9 of 11 *Please note the RS-10 Zoning District referenced above is only for comparison to the PUD-R Zoning District. Reauested Dimensional Considerations: Overall PUD There is one request on the overall PUD to not require sidewalks on both sides of the extension of Shakespeare for that portion of which the Applicant will be building the road within their dedicated 50' right-of-way. Since the Applicant is donating this land and building a road for the City, and as the adjacent neighboring land is in agriculture, the Applicant is requesting that the 8' bike lake be built only on the west side. The Shakespeare expansion will occur in two phases divided at a point just north of the east entry into the project as follows: PHASING FOR STREET CONSTRUCTION Phase 1: 1. Dedicate 720 linear feet of right-of-way 25 feet wide or more (for the transition) for the north end of Shakespeare extension. 2. Build a one-way road with no curbing or sidewalks as a temporary road in the 25-foot right- of-way north of the project entry. 3. Dedicate 1270 linear feet of right-of-way 50 feet wide for the south end of Shakespeare extension. 4. Build the road and curbing associated with this portion from SR 510 north to the eastern entry of the project. 5. Build the sidewalk for the whole length on the west side of the roadway only. Phase 2 1. In the future and not a part of this application, the City will finalize the alignment of the north 720 feet and build it. PROPERTY DEVELOPMENT REGULATIONS — CLUSTER DEVELOPMENT Minimum ROW Width Sidewalk Bike lanes (SR 510/Shakespeare) REQUIRED 50' One or both sides Min. 5' wide Both sides Min. 8' wide PROPOSED PUD-R 50, One side FDOT One side Shakespeare PHASING FOR STRUCTURES The project will be built in two product phases. The Cluster Units will be considered Phase 1 while the Single Family Lots will be Phase 2. The drainage and utilities phasing, which may or may not correspond to the above, will be determined at a future date. Public Benefit: SHAKESPEARE EXPANSION: As public benefit, the Applicant will be donating the land and building phase 1 of the Shakespeare Road Expansion down to SR 510. The right-of-way will be 50-feet' wide for 1270 linear feet from this property and 720 linear feet of which 25 feet or more 0:1River Oaks Preserve - Mod ica\Applications\Site Plan Application\Application MaterialsWUSTIFICATION - FINAL 07.20.23r.docx 182 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 10 of 11 will be from this property at the north end. Twenty-five feet of the width at the northern end will be provided by the neighboring development under construction. This is a total of 2.21-acre loss to the development of the property which is going towards public benefit. The dedication of the right-of-way and building of the road allows the City of Sebastian a connection to SR510 as another interconnectivity route and generally alleviating traffic pinch points within the limits of the city. SR 510 WIDENING: Additionally, FDOT planning and design for the widening of SR510 is a public benefit that is only made possible through utilizing this site, reducing the actual buildable land by 3.53 acres. The roadway will be raised quite a bit with the impact of widening the relocated drainage ditch along the southern boundary to account for the grade change. This too reduces the buildable area of the site and significantly increases cost to the Applicant. As of the filing of the Conceptual Plan, the latest FDOT plans have been incorporated and are shown on the site plan. FDOT was unaware of the City's desire to extend Shakespeare and therefore will be looking to modify that connection in consideration of this and proposed activity on the south side of the road. They will also re-evaluate left turn/u-turn locations now in light of this project. TRAILS: Trails will be available for walking throughout the community promoting connectivity through Sebastian and Indian River County. The trails will be laid out in the additional 25' buffer of the 50' wetland buffer required by the city in those areas surrounding the wetlands. There will be minimum to no impact to the DEP 25' wetland buffer. Other parts of the trail system surround the proposed drainage areas and along the west and north expanded buffer. Trail surface will be compacted limestone base or other minimally impacting process that is consistent with the City's proposed Sustainable Park Design Policy (6-1.1.14 — Comprehensive Plan 2040). Moreover, the Applicant intends to directly connect the trail system to public sidewalks located on SR 510 and the Shakespeare extension. OPEN SPACE LOT MINIMUM: The open space has been decreased on each lot to 30% for the standard lots and 33% for the Court lots noting that unscreened pool and patio areas are included. This is balanced out by the overall open space requirements. OPEN SPACE OVERALL: The total site more than exceeds the City's requirement for open space by more than 14 acres. Out of 143.83 net acres, about 84.33 acres (57%) will be open space which leads to celebrating the uniqueness of this piece of land with accessibility for the general public and the residents. DENSITY: The project is not maximizing the density of the site which is a benefit for the City of Sebastian. As part of the comprehensive plan, 3 units per acre are allowed which equals 441 units on this property. The request is for a density of 2.40 units. INCREASED CONNECTIVITY: The Applicant has designed the southern portion of the site (the Courts) to be non -gated. This provides a unique opportunity for increased vehicular and pedestrian connectivity through the site from Shakespeare extension to SR 510. Furthermore, there is evidence that non -gated communities increase civic engagement and responsibility of its residents. LANDSCAPE BUFFERS: The Applicant is proposing landscape buffers beyond the required width. The following describe the buffers: O:IRiver Oaks Preserve - Mod ica\Applications\Site Plan Application\Application Materials\JUSTIFICATION - FINAL 07.20.23r.docx 183 of 272 River Oaks Preserve PUD November 9, 2022, revised April 28, 2023, revised July 20, 2023 Page 11 of 11 • Northwest and part of the West: The buffer has been increased from 25' to 50' with a trail system. These lots are the standard single-family lots. • Northeast: There is a preservation of 125 feet of an oak and sabal palm hammock. • East: This is the area where road extension will occur. There is the standard 25' buffer with a (required) sidewalk meandering within both the right-of-way and the buffer. • South: The south side has the required 25' buffer which sits beyond the drainage easement which functions as additional buffer from the roadway. • West: The majority of the west side is comprised of wetlands with the required 50' buffer. The 25' landscape buffer falls within this system and therefore not required. 0:1River Oaks Preserve - Mod ica\Applications\Site Plan ApplicationlApplication MaterialsUUSTIFICATION - FINAL 07.20.23r.docx 184 of 272 — — "I ;'-- Wedand f/9 Lf 2GHO Landscape Architects Planners Environmental Consultants River Oaks Preserve Sebastian, Florida - - ------------------- - Lake We, al k I[Ak.! Lake ake NJ NLake Lak Existing - - - - - - - - - - - - - - - PR i (i - - ----------- ---------- - ------------------------ --------------- - ------- I -- - ------------------- --------- Entry Legend — - — - — Public Trails - — Private Trails PWI C-- Ls— Wts 01 Public Trails Exhibit .kplkw. Flo,'Oa 3,3458 bell.r"M-5260 FAX —2010- 40"4111111k tio kz I" NOT TO SCALE 1/18/23 185 of 272 3 O 1 D Q O N to (7 LL 34 O (Site Data Project Name Site Area Existing Use Proposed Use Approved Future Land Use Density Proposed Density Future Land Use Designation Zoning Adjacent Zoning FEMA Flood Zone SEC/TWN/RNG: Project Description Construction Schedule Proposed MOIM. Entity Existing Conditions Existing Vegetation Existing Sell Types Wetlands Utilities River Oaks Preserve River Oaks Preserve 146.52 Acres 7l19,:2023 Land Use: Low Density ;� t� Residential (LDR) Vacant Zoning: RS-10 140 Standard Single Family Lots - O _ 664.84 Flo, 212 Sinele Farmer Cluster Units -INCREASED' �i� ^ _ r • �* 352 Total Units 50'LANDSGAPE BUFFER WITH 3 dcI TRAIL (25' rF' 2.40 du/ac Density w/SRID Addition 2.35 du/ac LANDSCAPE - BUUIRE Very Low Residential REQUIRED) planned Unit DevelopmentPUD-R North RS-10 East RS-10&A-1(IRC) South A-111RC) West A-1 (IRC) The Subject Property Lies within Flood Zone X & AE (As Shown an Survey), Per Flood Insurance Rate Map No. 12D61C0113) & 12D6100226) Effective January 26, 2023. Section 25, Township 31. Range 38 SRiDAtlmnon 3.05 Acres Planned Unit Development for a development of Single - Family & Cluster Units for sale of 352 units Commencement: 14-16 Months Completion24 Months from Commencement (2) Home Owners Assocations & One Master Association Vacated Citrus Grove/ Overgrown with Exotics Old Citrus Trees, Brazilian Pepper EauGal lie fine sand; Riviera fine sand; Wabasso-Wabasso, wet, f� re sand; Arents; Riviera fine sand, frequently ponded Yes Sewer I ndai n River County Utility Department Water I ndai n River County Utility Department Electricity Fl orida Power&Light Development Parameters RS-lo PUD-R Single Formes Cluster Units Minimum Lot Size 9,500s.f. 75%=7,125 s-f, 7,150s.f. 3,240 s.f. Minimum Lot Width 80 ft 75%=60ft Ave. 59.07ft Average •51 Lots Facing Er 5„Cdvis'on 60.88 ft Average Minimum Lot Depth 100ft 75%=15 it 130 it 60 ft Minimum Living Area 1,200s.f. 75%=900 0. 9000. 900'J. Minimum Yard Setbacks Front: 25 It 25 It 1Dft Side: loft 7.5 ft 7.5ft Rear: 20ft 25ft 15 it Papls/Pool Enclosures Front: 20ft n/a Side: 5ft n/a Rear: loft n/a Patios Front: 5 ft 5 ft Side: 5ft Sit Rear! loft aft Decks Front: 5ft 5ft Side: 5ft 5ft Rear: 10 it SfL Maximum Building Height 25ft 25ft 25ft Maximum ]nt C.-rage Buildings: 30% 45% 44% Impervious Area: SSW 65% 60% Minimum Separation Distances Between Residences: 20 ft is ft 15ft Minimum Open Space Lot: 50% 30% 33-A Protect Wide: 50% 60%Provided Minimum R.O.W. Width Soft soft Soft per Chester Sidewalks: 5' Sidewaik Internal Roads (1 side), 8' Sidewalk/Bike Tra„ Along Shakespeare Rd, Landscape Buffer: Min: mum 25' Landscape Buffe r along all PUD Boundar,es with Increased Buffers along North Property Une and Defined Wetland Areas Parking: Minimum Off -Sheet Parki ng: 2 Spaces Per Dwell l ng Unit Standard Sing a -Family (Excluding Garages) & ngle. Family Cluster Units (Include ng Garages) Requested Dimensional Considerations to: Average Lot W,dm Minimum yard Setbacks Cluster Umt cat Ddaensions and Lot Coverage Gre-side Bike/Sidewalk or, Shakespeare Read Include Garage in Ouster Housing for Parking Public Benefft: Shakespeare Expansior,SR530W:aen:ng,Tra,k power Density 7 - - T1ER'sENCYiACC9GI5PITH 2'0' 1 1 1 1 i COMMUNITY Bl11LDING� �-589'43'27'E . MAIL KIOSKS 331.96' 589'59'30"E 193AS' Foe I I101nt { ALL NATIVE TREES TO ' Gated Entr REMAIN ALL INVASIVE - y` SPECIES TO BE REMOVED A I 0 I I I - Land Use: AG-1 (IRC) ' Zoning: A-1 (IRC) o Z OAK TREE TO BE PRESERVED IN P4ACE L - - ii^cAIL 81'ISTEM I I 25' WETL%sND BUFFER -r I _.-1 L c I' 125' NATIVE LIAND5GA7` BrE7 ALt NAi(II-1E S T� I t"A IN L.LL IN4A51VE SPECIES TOIBE I FUTURE RAM. DEDICATION FROM ADJACENT PROPERTY 'I Gated Entry (25') R.OIU. n DEDICATION WITH FUTURE ROADWAY IF Land Use: Low Density N Residential (LDR) I- Zoning: RS-10 I� I POOL COMMUNITY BUILDING MAIL KIOSK PLAYGROUND _ See Note i N0'05'24"E loozo' Land Use: AG-1 (IRC) 0 m Zoning: A-1 (IRC) 1z! j� LITTORAL SHELF/ PLANTINGS fl, (4)PICKLE BALL COURTS - SHAKESPEARE ROAD EXTENSION r --- 50' ROAD FLOW. DEDICATION 8' SIDE WALK / BIKE TRAIL I .-- TYP. 25' LANDSCAPE BUFFER �I -- FUTURE FDA.T. DRAINAGE EASEMENT IL I _�--i1--- � nz�tT L� �-/ 589'32'35"W 33233'� - -� 589'32'35"E 66Ab5' �• ` -PROPOSED PROPERTY LINE Entry-- .L EXISTING PROPERTY LINE Land Use: AG-1 (IRC) Zoning: A-1 (IRC) Open Space Table 4/27/2023 Recreation Table Required Provided 1,2.1N. Total Site Area 146.52 Acres Proposed Units 352 Units 352 U"" Legend SRID Addinnn + 1.05 Acres ter N."I Pop.davon 788 789 ,OCT RW Dedication 3.53 Acres Recreation Area .01 AC/Unit 3.52 Acres 7.09 Acres El 1.4toral Plantnnpe Arens_ Shakespear Dadecanan 2.21 Acres Private Reneat on Area 5.33 Acres Net Site Area 143.83 Acres A ,;.,,ty Arc,_ a no .jog ran Lake Area 15.57 Acres o1 nee 1,te A-prt-at. Rer•ranon rral t .ev m, es of r 1.&, a'. ® Eai: tnlg 1 f,tland Punic rlr_reaLon Arc-- 5M3'W-of Area .76 Ac'. 1'76 Acres Required Open Space or net see A,e. 71.92 Acres r - . n.. -•. :: Proposed Open Space 84.33 Acres n Ne�s,rF ., e. _ ti Trnil Native Community Preservation Ameni!y Areas a r,5 Acres Cluster C.-A 3sv 4ln of Ear^Cn_•i 6.3g Atlas TotalArca do Area Required for Area Proposed to Pe rcentage of ® )local Point- Pedestl'ian. xnenitl Cluster court a 3a^. .tin of Facr m.r! 5s Acres Native Community Entire Site ipn Preservation Preserve Pro dArea pose Single tamely Lct• - s 19 Ares - (�%1 L2keAree -'J9 Acres 617- Mixed Weiland Ex"",Wetlands 1064 Acres Hardwootls 3064acre5 2f£acres 104acres 98% Wet-ds tc be R.,.,, -C 24 Acres 439 Mevec Uplanr 2' A, :p,.r '.k_ 8433 Aner -.,1I- a, Fes.. in 2GH iNe, Landscape Architects Planners Environmental Consultants Sol Cexinmerce, Lane Suite 101 Jupiter, Florida 33458 561-515-9551 561-575-5260 FAX =u2GHO.ccsn It - ,4.hp-Oci JGw CD?',/n,T1lAtlk - - Date te:uc_ Job no IP'evUlom. - ECEI�� AUG 3 0 2023 BY:_ Notes: I.THE SUS -LATERAL IN PARCEL 1 16 IN FAVOR OF THE GRID, THIS INTEREST IS NOT AN EASEMENT, BUT A LESS OUT FROM 71TLE TO THE PROPERTY- AS SUCH, SRID AND 85 SEBASTIAN, LLC WILL COME TO AN AGREEMENT FOR GRID TO TRANSFER OO.NERSHIF TO 85, SEBASTIAN, LLC- GRID 16 NOT OPPOSED TO THI5 TRANSFER OF OWNERSHIP AS IT IS A DEAD-END DRAINAGE DITCH AND ANTICIPATES THAT THIS WILL BE WORKED OUT IN CONJUNCTION WITH THE RELOCATION OF THE OTHER GRID EASEMENTS ON THE PROPERTY Seal `pND5C4p tip'ly'H AOO^7� h a wae67no2 �? STATE DE • F10RIOP + LA 0000530 Shoat Title: Conceptua Site Plan Scale: P i:200' 0 100' 200' 400' _ Sheet Nc. .f 186 of 72 3 0 3 0 0 'm Hi 0:1 NQ� 0 OOQ Typical Single Family Lot 1 55' x 130' 1"=30'-fdn ,a 1 1 I I I I I I I I I I Typical Single Family Lot 2 -10' x 130' I"=30.-0. I ] 4 L-- -- --J -- -•J L- ------ I I-- -----� 1F --J 771 - 1 I I I I I I ..� I ®I�: �® L -I ,' �I • I ID .1 a � rd e' L- — — I 1 — — — J\�urtya o L- I r l n' � —._ --- I = urtyard • 7 e' 1 O) 1 0 o O®} L--� Court A Enlargement -Court B Enlargement CL-uS-ER "Cue NG =30 -0 G_,jSTER-fCue,NG =30 -C Ccpylgx ]OIL All WaM1u ldwv.0 2GHO Landscape Architects Planners Environmental Consultants I901 Commerce Lane Suite 101 Jupiter, Florida 33455 561-515-9551 U.-515-5i60 FAX uw�u�ploreln Dc�lyred Dla�+n ec �,-Ins Approvei, CGS 1Q.CJNTIJ/NR Date • -- Jub nu Feroianv - Seal `ppO SCE E��.iN t R�O1n f 5 S E 0 ' RORIOi' � LA 0000530 Sheet Title: Typical Lot d Cluster Unit Layout Plans Scale: As Noted Sheet No. 187 of 272 � a o� wo - IEex IStreet Tree 0 �t J 5' 8' Walk Greenspace i I 25' I Street Tree • I Street Tree Landscaped ' �' Swale "+ 1.11W% Curb I O Q� 12' �TraveITTLane ' 13 Travel Lane Greenspace & Valley Curb urb 25' 50' _ Right -of -Way Typical Single Family Street Section 50' ROM 1/4"=1' IStreet T ■ ■ Street Tree Landscaped Verge L -- — Valley Curb � '•� �.� 5' 8' 12' 12' 8�-,. 5' Walk Greenspace Travel Lane Travel Lane Greenspace %'Walk Optional & Valley Curb & Valley Curb 1 25' 25' I 501 � Rig ht -of -Way g Y Typical Cluster Unit Street Section 501 ROM = Street Tree Li Landscaped Swale ' VaIlev Curb f 1� 8' Varies 12' i� 12' 13 Sidewalk/ •-Gree Travel Lane Travel Lane 1` Greenspace Bike Trail space & Valley Curb & Valley Curb I- 25' � h, 25' I 50' Right -of -Way 1 1 1 1 1 1 1 1 1 PZ O 10 IQ 1C� 10 1 I 1 1 10-20' 1 Landscape Buffer 1 1 1 1 1 1 1 1 1 1 1 1 1 Typical Shakespeare Road Section 501 R.O. W 114" = V-0" O Q� 2 G HO Landscape Architects Planners Environmental Consultants 1901 Gommarca Lena sulte 101 Juplter, Florida 33458 561-515-9551 561-515-5260 FAX www2GNO— Deigned. �v,m� Drd,+n t�.,t-iv� ti Date Joh nc R—neon, .,_„•, Seal �pNO SC,Ip �O PN L. qp l7 � 1A66GiC4: STATE OF tORIOP { LA 0000530 sheet Title: Typical Street Sections Scale: As Noted %..t N. 188 of 2 72 LEGAL DESCRIPTION SEBASTIAN HIGHLANDS UNIT 11 PLAT BOOK 7, PAGE 56 INDIAN RIVER COUNTY. FLORIDA FOUND 4%4 CONCRETE MONUMENT 50' DRAINAGE EASEMENT CENTER OF SECTION 25. PER SEBASTIAN HIGHLANDS UNIT 11 �-TOWNSHIP 31 SOUTH, RANGE 38 EAST PLAT BOOK 7, PAGE 56 PO'NT OF COMMENCEMENT LANFAIR AVENUE OCEAN BREEZE STREET LE55 AND E%CEPT FROM PARCEL 50' RIGHT-C`-WAY }j 50' RIGHT-OF-WAY (PUBLIC) (PCBLC) FOUND 4 I li� I I IRON ROC FOUND ROn IRON ` N 8931'00 W 664.84' (C) If# PIAI S 89'40'47" W 663.99' (C) 'F�, - -.— I T .� S 89'S202 E 1327.33' FOUND 1' f } IOU S 89'56'07" E 1326.01' (P) IRON PIPE FOUND IRON A DALE R. & JOANNA M. BROWN I LEGIBLEAPrn aSEBASTIAN HIGHLANDS UNIT 11 ZONE A-1 .v PLAT BOOK 7, PAGE 56 NDDD & WRE FENCE - PARCEL 2 INDIAN RIVER COUNTY, FLORIDA SHAKESPEARE STREET \ 4 EAST 1/2 OF THE NORTHEAST 1/4 rn Nj CANAL TIED FOR 80' ( f N; \ - ZONE X d N CANAL RIGN T-OF-WAY—�I �. 25' RIGHT-OF-WAY SOUTHWEST 1/4 R1h RESTRICTED FOR BO f m ORE 1284, PG 574 HT •- •- CANAL RIGHT-OF-WAYI- \ m, I ORB 1284. PG 574 EL 3; o (W. 12.9 I I Lr.1 \ \ ZONE AE �101. N I O V \ \\ N c0 I FOUND 4xa v N N CONCRETE Z O O PARCEL 3 MONUMENT ! o 00 a o O SE AVENUE 25' 25 RI IL T-OF-WAY RIGH(PUBLIC) Ip N 9' 44" W' 1326.t5 + �P O OUND IRON D O, -, 1 %�-��"1 WEST 1/2 OF THE WEST 1/2 I oP - RBBODS CAP PC Z I[ /// I% N OF THE SOUTHEAST 1/4 PARCEL 4 `0 \ 15.2E NDRTH N /t.'� / SCHEDJLE "A' "> THE EAST 1/2 OF THE WEST 1/2 N PARCEL 1 I , _ t( ORB 1284, oG 5]4 I S lfl 10U OF NCRTH 1 _ R \\ OF THE SOUTHEAST 1/4 d CDALLIANCE LLC vn-ts WED. { n — — — — \ [I I w SCHEDu'.5 ZONE MUNI 13 ED pD�T \ % J ZONE X ORB 1284. PG 574 Imo+ Y dy _ SOUTH LINE OF THE NORTH 1/2 OF ZONE AE -7 I N TOP OF BANK �.'G1 1DD THE NORTHEAST 1/4 OF THE (EL. 18.3) M ¢ ZONE AS \ \ \ '-- --'-- -` -- _ i'- n SOUTHEAST t/a SECTION 25, iF- a \ 11�1 1, O M) TOWNSHIP 3: SOUTH, kANGE 38 EAST I^ ¢ \ pI 0 Q�Qto n IN 00 i' I ij.1 Il�y \ — `.� z O IOU zoNE x > O WES LINE OF TIE N� iB9 _ __ __ _ I I O = W I N EAST 1/2 OF THE _ n S a S\ xst (ENO) J _ - Z I' FARCE 1 I!� CD I Fp f \� ._�= ' ZONE X I SOUTH 1/2 OF THE NORTHEAST V4 OF THE SOUTHEAST 1/4 TIN ZONE AS NORTHEAST 1/4 CF 9 XN :-,9�, ___ (,_,_` L p THE SOUih WEST "/41 o NO (EL. 2G.6) OF SECTION25, '9i1, [•; �q ZONE AS TOWNSHIF 31 -LTN, Jam\ � \\ 't� \ I a O ICI RPNGE 38 CAST , ! \ TCP 6 BANPy' (�- ZONE X �Z I ZONE X e)'R _ ` sI(� I SOUTH LINE OF THE NORTHEAST 1/4 nl ? 'i\�B qO 7..\ JRON ROD_: t_go ;TOOT c 1 `\ I ZONE X Iz I �C _ L\ 1\ m_sz n I ZONE AE N 00'05'24" E THE souTHw65T SOUTH, SECRANGE 25. --- `- S 89'43'27" E 1 27.4T (C) 100.00' (C) TOWNSHIP 31 SOUTH, RANGE 38 EAST { a m ✓ ��S \ W 11 0 { '- `0 VACIAN�\y} \ y..._'. �-}-� • ,! 1327.85' o e _- _ __ _ __ __ __ _ • _ __ ____ _ �--�oN89'11'20'0W,1'(D)"y+ �e I�.r 1 5 89'43'27 _E- (� _ _ w _ _ S 159'S9'30" E 664.71' ass 74'(D) fl - - - - - - - S44't4'37'E \ uu..- i_- >> - :, N OD'09'12" E- POINT OF BEGINNING— �I;1 5 00'p1) 107.62(D� I / F I `�\ ( ) i N 89.43'27" W 13 .58' (G)', SOUTHWEST CORNER - LESS AND EXCEPT ZONE AS I't I 544'14'37 E Z ` lOO.00' G EAST l/2 OF THE IFROM PARCEL 2 19310' p ti :' TOP OF BANK I SUB-LAIERA'_S TOP DF BANK NORTHEAST i 4 OF ORB 3352, PG 1885 ("W '`�� \ I Z O I I ``�'A• 'y' SEBaSr Au RVER DaaINaGE / N89.14'20 '� 331.96' \ I Q V Z �-.. DSTR.C1 Cana- R/W DEED I E SOUTHWEST 1/4 IPO'NT OF BEGINNING Tg3,g8' • �. B9'43'27" E \ U O I BOOK 32, PACE'77 l OF SECTION 25. DRAINAGE EASEMENTS 69'S9'3 I' E I 1 \ n •`.• < W U - LESSER Gu' 13 TOWrNSHIP 31 SOUTH, ORB 121, PG 701 ZONE AE '•( >> RANGE 38 EAST SOUTHEAST C/RNER. `!1("'T 1� ZONE X ¢o EL S NORTHEAST t 4 THE w-61(10B ZONE X 1\ir'i SOUTHWEST 1/4 I i(7 I a I� 14.D ZONE AS ZONE X f !1 O SECTION 25 I QJ TOWNSOUTH, `LraaarHSEHI3P8 3E1AS'RANGw; ip Irn 1i Iv- ri ZONE AE a `\zoNE ASC`oT FDID s ZONE X 1111I 11! I 7. N > o 15.0 _ w o o \ "., r I/4 OF TNq ,DUTHEAST 1/4 r; a � ED I I m N I- d I `' ` PARCEL 4 - N'� L• N 2 W ol� � iwl THE EAST 1/2 OF THE WEST 1/2 I O PETE BEATY GROVE LLC Q /o OF THE SOUTHEAST 1/4 I= .I DON] PARCEL NO 16 I - ° r �aQl `_`I / O W „1 E OR b 132, PG 545 '� W W r rra SCHEDULE "B-1" &'B-2" d rO \oAy I - - 4 a UL W I w � �- T-__, ` ORB 1284, PG 574 O~l�9. m�-14.0 ZONE AE- WEST LANE OF THE .I I F ry Cl O p _ \ _ �,-- '- THE SD'J THEIST 1/4 p I '- W o Z z \-J I n I TOP `•. \ ! OF SDF BANK z ECTION zs, \1 i II !I TOWNSHIP 31 SOUTH, RANGE 3E EAST itl n y`� ZONE AE SEBASTIAN RIVER DRAINAGE DI ""T 1I c 1ZONI: AEI EL. `r m' ZONE N ZONE AE IV LATERAL -L' CANAL-y�(a I 1 ,J_9 (EL. 16.4) I I DEED eooK 3 l I J� W1 1 I _ I A, FACE 177 I .J iw A- 85TH STREET AKA WABASSO ROAD ac -------ZONEAE �..----.�. �l .� — STATE ROAD510) EC' RIGF3-CF-WAY (PUELIC; - N 89'56'06" E 1330, 03' (C) N - �_ _ -- �_Jggar 7 Lis a1 n•!,�yE - ITDH -- -- - - - ^a r,r• _ _ _ _ - - - - FOUND MAC NAIL & DISC LB 684D --'F �r A ---------- -•"---- - - - - ---- - - — E%CEPT SOUTH al' _��.• -- -- -_' - ,-, - __tI - - I _ ___ SOUTHWEST CORNER OF THE WEST 1/2 ` EXCEPT SOUTH 40' ZONE AE RIGHT-OF-WAY g0 DRAINAGE EASEMENT ZONE X Or THE WEST 1/A SOUTH -/I ORB t85. PC E61 ZONE AE RICH T-OF-WAY SECTION 2` TOWNSHIP 31 SOUTH PARCEL 111 ORB t28a, PGL557 I'I (EL. 173) II /r yIIII •I ORB 18] PC 589 (EL 17.5) RANGE 3E EAS' - ZONE AS kES TRICTED FOR 80' - I ' f PARCEL 113 CORNER ED UMENT NO 089848 I I I CANAL RIGHT-OF-WAY (EL 15.6) I nke 1zfia. PG s7a II' POINT OF BEGINNING ORB 132 PG 541 I J I BEACH THIM & JAN I 4 I-ANALRE PC FOR -1 - 1 I LaNAL RIGHT-DF-war CITRUS HIDEAWAY ZONE A-1 ORE lzaa, PG E74 - - SUBDIVISION - VACANT ��))-CNOMim Dlw rlm lEu REDLANDS CHRISTAN MIGRANT ZONE A-1 CB.S - NIIGEIf 0. 51MMM �.. mll®Ixm wllEs e°x ASSOCIATION INC K11.9'32'14"W 2658.31' B.e. oEmeoac ens nam DAVErmN I INDIAN VERTCOUNTY ZONE A-1 I ST. MARTIN MARIO I RONALD & INES TASSINARI I VACANT U "Ff4I71MurT 0 - ZONE A-1 :naROA w�R4Dan I ZONE CON-1 I ZONE A-1 I INDIAN RIVER COUNTY IN _ 4wIwL vuW ® u1a IMBN IC e�J u1a euN I ZONE A fam-1 -MTPXE ss ® . wE elml Imo ❑ e. �,Na.A� :aNT a i..m E N N�1��e _mK as W W PO : ONE G N4 0 Rry b; I.NOSCW{ 1100 p RI - pmYA•m mvnla Pw1 lul eu ...: eMi 6 i6 ivIRN[r 21MMEN7 B - q�.a- � � :�"°M�` _ LIDBERG L A �f D s; �: N E m BANq RBA �' nmw'Ar iuwloM u.wwT z�w . a.R1m cwxLR C . luE ._ . - smnl uAwm � • .IRA— R :1 ��°""`� SURVEYING, INC. - Jam. aJAlrr cw4t G E. v6e 04-^.2-2023 REVISE CERBFICATIONS - 7.- 1, OUfA A. ® •1,� y""m 04-1:-2O23 REV,SE TOP OF BANK - TITLE CONCERNS - 21-'.Z2-702A AGE M.v&W _ 1,ND nw1, 03-09-2023 _ REVISE WETLANC LOCATION - 2:-122-102A - KF F5 6ZE PG ALE , �nJ%[ DATE REV5IONS L84431 SPECIAL WARRANTY DEED OFFICIAL RECORD BOOK 3352 PAGE 1885 PARCELI: SOUTH 100 FEET OF THE NORTH 1;2 OF THE NORTHEAST 1A OF THE SOUTHEAST 114 AND THE SOUTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 AND THE SOUTHEAST V4 OF THE SOUTHEAST 14; LESS CANAL RIGHT-OF-WAY IN FAVOR OF THE SEBASTIAN RIVER DRAINAGE DISTRICT ESTABLISHED BY AND AS RECORDED IN DEED BOOK 32, PAGE 177, INDIAN RIVER COUNTY, FLORIDA, PUBLIC RECORDS LESS THE SOUTH 40 FEET FOR ROAD RIGHT-0E-WAY AS SET FORTH IN OFFICIAL RECORDS BOOK 187, PAGE 589, IN SECTION 25, TOWNSHIP 31 SOUTH AND RANGE 38 EAST, SAID PROPERTY LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. PARCEL 2 THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 31 SOUTH RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL FROM THE CENTER OF SECTION 25, TOWNSHIP 31 SOUTH. RANGE 38 EAST, RUN SOUTH 00'5915" WEST. A DISTANCE OF 1,323 17 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 25, THENCE RUN NORTH 89`14'217 WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST 114 OF THE SOUTHWEST V4, A DISTANCE OF 193.10 FEET TO A POINT ON THE CENTERLINE OF THE SEBASTIAN RIVER WATER CONTROL OISTRICT5200 FOOT WIDE FLOOD PLAIN EASEMENT, (AS FURTHER DESCRIBED IN OFFICIAL RECORDS BOOK 128 PAGE 704, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA). AND POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL FROM SAID POINT OF BEGINNING CONTINUE NORTH 89'14'20" WESTALONG THE SOUTH LINE OF SAID NORTHEAST L4 OF THE SOUTHWEST 114, A DISTANCE OF 471.21 FEET TO THE SOUTHWEST CORNER OF THE EAST 112 OF THE NORTHEAST 1A OF THE SOUTHWEST 114 OF SAID SECTION 25, THENCE RUN NORTH 00'582T EAST, ALONG THE WEST LINE OF SAID EAST 112 OF THE NORTHEAST IA OF THE SOUTHWEST 114 OF SECTION 25 A DISTANCE OF 486A3 FEET TO A POINT ON THE CENTERLINE OF SAID 200 FEET WIDE FLOOD PLAIN EASEMENT, THENCE RUN SOUTH 43`1317' EAST ALONG THE CENTERLINE OF SAID EASEMENT A DISTANCE OF 675 98 FEET TO THE POINT OF BEGINNING. PARCEL 3' THE WEST 112 OF THE WEST 92 OF THE SOUTHEAST 11A IN SECTION 25. TOWNSHIP 31 SOUTH, RANGE 38 EAST. INDIAN RIVER COUNTY. FLORIDA, LESS A RIGHT-OF-WAY 75 FEET IN WIDTH ACROSS THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 25. TOWNSHIP 31 SOUTH, RANGE 38 EAST, BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOCK 132, PAGE 543, PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. AND LESS THE SOUTH 40 FEET OF THE WEST 1,2 OF THE SOUTHEAST V4 of SECTION 25, TOWNSHIP 31 SOUTH. RANGE 38 EAST, AS MORE PARTICULARLY DESCRIBED IN'HAT CERTAIN DEED RECORDED TO OFFICIAL RECORDS BOOK 185, PAGE 661, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA: LESS HOWEVER THE WEST 112 OF THE SOUTH 112 OF THE WEST 10 OF THE WEST 1Q OF THE SOUTHEAST 114 DF SAID SECTION 25. TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RNER COUNTY, FLORIDA PARCEL4' THE EAST 112 OF THE WEST lt2 OF THE SOUTHEAST 114. SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA, LESS THE SOUTH 40 FEET OF THE WEST 112 OF THE SOUTHEAST 114 OF SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST, AS MORE DESCRIBED IN THAT CERTAIN DEED RECORDED IN OFFICIAL RECORDS BOOK 185, PAGE 661, PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA WETLANDS: TOTAL. 463,678.36 SOFT. 200 100 0 200 400 GRAPHIC SCALE IN FEET SCALE: 1' = 200' SURVEY REPORT 1. THIS BOUNDARY WETLAND LOCATION SURVEY CONFORMS TO THE STANDARDS OF PRACTICE AS OUTLINED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. THE SUBJECT PROPERTY LIES WITHIN FLOOD ZONE X & AE (AS SHOWN ON SURVEY), PER FLOOD INSURANCE RATE MAP NO 12061LO113J & 12061CO226J EFFECTIVE JANUARY 26, 2023. NO SEARCH FOR ANY MAP AMENDMENTS OR REVISIONS HAS BEEN MADE BY THIS OFFICE. 3. LEGAL DESCRIPTION AS PER OFFICIAL RECORD BOOK 3352, PAGES 1885-1887, 4. BEARING BASIS: N 8972'52" W ALONG ALONG SOUTH LINE OF THE SE 1/4 OF SECTION 25. TOWNSHIP 31 SOUTH, RANGE 38 EAST, 5. TOTAL AREA = 14852 ACRES MORE OR LESS. 6. THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBUC RECORDS OF INDIAN RIVER COUNTY. EASEMENTS OR RE35TRICTlONS SHOWN WERE FURNISHED BY OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIABON COMMITMI'.' NUMBER 13137,05001, DATED APRIL 3, 2073, AT 11:00 PM. 7. ALL FIELD -MEASURED CONTROL MEASUREMENTS EXCEEDED AN ACCURACY OF 1' IN 7,500'. B THE PARCELS AS DESCRIBED ARE CONTIGUOUS WITH NO GAPS, OR GORES EXCEPT AS SHOWN HEREON. 9 ALL PARCELS HAVE ACCESS TO A PUBLICLY -DEDICATED RIGHT-CF-WAY PARCEL 2 ACCESS 15 LESS THAN 15.0 FEET, BUT THERE IS ACCESS. 10 ELEVATIONS SHOWN ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (N.A.V.D. 58) AND ARE - REFERENCED TO E 644 TO CONVERT FROM NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD. D. 88) TO NATIONAL GEODEBC VERTICAL DATUM OF 1929 (N.G VD. 29) ADD 151 FEET. 11 THIS SURVEY IS PREPARED ONLY FOR THE PARTIES LISTED BELOW AND IS NOT ASSIC14ABLE PREPARED FOR: 85, SEBASTIAN, LLC OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIABON JECK, HARRIS, RAYNOR & JONES. PA 12 0 COPYRIGHT 2022 BY LIOBERG LAND SURVEYING, INC. THE SKETCH OF SURVEY AND SURVEY REPORT COMPRISE THE COMPLETE SURVEY THIS SURVEY IS NOT VAUD UNLESS THE SKETCH AND REPORT ACCOMPANY EACH OTHER • C ■ I REPRODUCTIONS OF THIS SURVEY ARE NOT VAUD WITHOUT THE ORIGINAL RAISED SEAL OF A FLORIDA ZISED SURVEYOR III MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. _ G V LIDBERG LAND SURVEYING, INC. J BUC o. ,RI OF AUG 3 0 2023 -us, �-wuF«c.ar,Yi 4tJ,%�. L57202 . •,y ; ^qV r; 2 = Buchanam D. SURVEY 22, 2022 BY: L(]RIUa -- '' BY. KENNETH J. BUCHANAN s'• PROFESS ONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE ND. 7202 "•,,,,,, ,,,,,.•" BOUNDARY SURVEY CAD K: \AUTOCA02000 \ 253138 \ 21-122 \ DWG \ 21-122-101.OWG COUNTY ROAD 510 - REF SEBASTIAN PREPARED FOR: — 85 SEBASTIAN, LLC CKr SHEE- DWG '2' N.D.E 19c) I 272 2GHO Landscape ArcNeds Planners Environmental Consultants IWI C--.. �- OWLS IV FAX River Oaks Preserve Sebastian, Florida -------------------- - ------------ ------ ------------ �LA Lake CIR --- - ------- ------- ------------------------------ ------------- --- --- ---- ------------- --------- Entry Legend Public Trails Private Trails Public Trails Exhibit ia NOT TO $CALE 190 of 272 2GHO Landscape Architects Planners Environmental Consultants WI Cmer" Lam $a'to 101 J,Flt-, FI-10A 33458 56 - "13-5.60 FAX River Oaks Preserve Sebastian, Florida I ---------- I I ------------------------ --------- -------------- ------- Is Lake -, Phase 2 1 J hthnoe. �t_env■ � ---------- -- -------------- -------------------------- - ------- --------------------- Entry Legend Phasing Line Note: Infrastructure & Utility Phasing to be Determined at time of Engineering Permits Phasing Exhibit Ija NOT TO SGAL5 191 of 272 80' RESTRICTIVE — — - - RIGHWAYS TO BE :� ABANDONED - ABANDONED _ jo Ill WET 9 I_ DETENTION _ (� { CONTROL TF\�` 1 STRUCTURE 1 jJ 44 JV -"K, / ET DETENTION O z \ �i4, �\�;•'> - - ",\ �� \ \� I I , PARCEL TO BE TRANSFERRED TO 85 SEBASTIAN, LLC COL LI1 I — NTROL � �_ \•�� l ..�. � J I STR, CTURE z l �/ ;j�• ! I WET �. % %_- { � v/\\/ - "'A ,11 DETENTION I'. J�� _ �:��/%•' \\.�\ \, f , , weT ] X. � n ETENTION �::•J,.�•�'.�, v� - l �� I'I �!h %- CITE .�� ENTION l _ DRY RETENTION PONDS IAlll 9 , -------------- � r �'�.y�`ill �� C'�'v ' ';� ;-- - • � - - - � �� t A- t--��- 71 7 i - - - - - :P:•,r` s �_ - '4 - - - - '� - - _ _-'- 25' LANDSCAPE BUFFER - — —-+' -- - -- x==FUTURE 54' FDOT DRAINAGE ESMT = - T. - -- - - - - - --_ -�- CR 51 _ - ► -- - - ` - —=-- —. — -� O �i"� 601 21 ST STREET SUITE 410 VERO BEACH. FL 32966 www.bgeinc.com DIRECT.' 772-217-5954 RIVER OAKS PRESERVE CONCEPTUAL DRAINAGE PLAN "W1 I1EWenn:FTly h-'. _rI'llff T� A'lr FEE sr-- 4F-- ` a' At •,!iLTRI,n..�7,'T'1f eta: �F i; .s•]-'l -.i 9-.F'.-30i091C Pl r .._ ...! ..I��-:nF=ct -.. .- I:F:- _.._ _ c .. _-•_n .• .. �� - ..-. c../ ., .... QE.. ECEIVE AUG 3 0 2023 BY: - LEGEND PROPOSED STORM PIPE DATE: 04/20/2023 asr SCALE 192 of '72 SEBASTIAN RIVER IMPROVEMENT DISTRICT C/O SPECIAL DISTRICT SERVICES, INC. 2501A BURNS ROAD PALM BEACH GARDENS, FL 33410 May 17, 2023 .A Dorri Bosworth, Manager/Planner MAY Community Development Department City of Sebastian 1225 Main Street I :- _ - Sebastian, FL 32958 RE: River Oaks Preserve PUD — SRID Proposed Release Agreement Dear Ms. Bosworth: For the conceptual design proposed by developer of River Oaks Preserve PUD (River Oaks), Sebastian River Improvement District (SRID) agrees to review proposed changes to the location of the original 80-foot right-of-way once such proposed location changes are submitted to SRID. In its review of the proposed change, at a minimum SRID requires acceptable hydraulic calculations demonstrating that the project will not discharge greater than 2" of runoff volume per day during any 24 hour period (from time 0 through hour 72) for the 25 yr. — 24 hr. (9.2 "event), will meet the maintenance of flood plain storage criteria, will not cause any negative drainage service to upstream landowners, and other stormwater coordination items. The ongoing maintenance of any relocated drainage conveyance and accessibility to that conveyance is of critical concern of SRID. To that end, SRID also requires unimpeded access to the right-of-way by use of typical equipment currently used by SRID on other District canals and sub -laterals. Currently, the debris removed from the canals is placed on the canal bank to decay and remain. As part of a review of this project or other similar projects, SRID requires canal banks of any newly located right-of-way allow enough unrestricted area for continuation of that debris removal and maintenance method. If a conservation easement or other type of restrictive covenant exists (or may be required) where a drainage conveyance is proposed to be located, SRID may not be able to approve such proposal until the easement or covenant is appropriately addressed. In the event that River Oaks becomes interested in purchasing a SRID easement and/or right-of- way, in fee simple, please be advised that SRID has a policy to obtain appraisals acceptable to the Board of Supervisors for determination of the sale price. For your information, the Declaration of Restrictive Covenant recorded July 14, 1999, in Official Records Book 1284, Page 574, of the Public Records of Indian River County, Florida (the "Declaration"), provided in Paragraph 3.a): In the event the slough or natural creek which meanders east to west through the property is filled or for any reason rendered unusable for drainage purposes, RYALL and TRUSTEES [the prior owners in title at the time] and their successors in title shall be responsible at their cost for the construction of a new canal in the 193 of 272 80' right-of-way located along the easterly and southerly boundary of the real property described in Schedules "A", "B-1" and `B-2". SRID understands that in the future the River Oaks may also submit a request to SRID for the following: 1. Termination of the Declaration and the easements established by or related to the Declaration; 2. The termination of the following easements affecting the River Oaks Preserve PUD: a. Grant of Easement recorded July 14, 1999, in Official Records Book 1284, Page 557; and b. Grant of Easement recorded July 14, 1999, in Official Records Book 1284, Page 559, and C. Grant of Easement recorded July 14, 1999, in Official Records Book 1284, Page 563, the terms of which establish the same two (2) easements; and 3. The termination and relinquishment of the rights in favor of SRID in that sub -lateral right of way established by Deed Book 32, Page 177 (the "Sublateral"), because this Sublateral: (a) appears to be unconnected to any functioning drainage system; (b) may have been abandoned; (c) was established in connection with an intended and now obsolete agricultural use; and (d) is no longer functional for the proposed residential use. SRID will review any such requests upon formal submission. In addition to potential existence of conservation easements, restrictive covenants, hydraulic and other stormwater calculations, SRID would require Drainage Easements dedicated and acceptable to SRID for drainage and maintenance as part of the review and approval process. If you require further clarification of any of the items mentioned above, please contact me. Thank you. Sincerely, a. sue, . B. Frank Sakuma, Jr., CDM, D trict Manager Sebastian River Improvement District 194 of 272 ATLANTIC ENVIRONMENTAL ENVIRONMENTAL PERMITTING & MITIGATION ENVIRONMENTAL ASSESSMENT On the River Oaks Project Site Parcel No's 31382500000700000002.0, 31382500000700000003.0, 31382500000700000004.1,& 31382500000500000003.0 +146.52 Acres Sebastian, Florida Conducted for: Mr. Ben Brown 85 Sebastian, LLC 8985 SE Bridge Road Hobe Sound, Florida 33455 Conducted by: Atlantic Environmental of Florida, LLC 657 Montreal Avenue Melbourne, Florida 32935 April 27, 2023 'o`er 657 Montreal Avenue Melbourne, FL 32935 -10 ph 321.676.1505 faK 321.676.1730 www.environmentalpermittinil.com 22182EA4.27.23.Rpt 195 of 272 ATCXG TIC ENVIRDNMENTAL ENVIRONMENTAL PERMITTING & MITIGATION April 27, 2023 Mr. Ben Brown 85 Sebastian, LLC 8985 SE Bridge Road Hobe Sound, Florida 33455 Re: Environmental Assessment River Oaks Project Site Sebastian, Florida Atlantic Environmental File No. 22182 Dear Mr. Brown: 657 Montreal Avenue • Melbourne,1132935 ph 321.676.1505 a tall 321.676.1730 Atlantic Environmental of Florida, LLC (Atlantic Environmental) has completed an environmental assessment and feasibility study of the above -referenced property, an approximately 146.52-acre group of parcels located on the north side of County Road 510 in Sebastian, Florida (Figures 1 and 2). The field assessment of this parcel, hereinafter referred to as "the Property", occurred on March 16 and 17, 2022, with a follow-up visit with St. Johns River Water Management District: (SJRWMD) to review the wetland limits on February 15, 2023. This study is intended to assess any reasonably ascertainable environmental issues that might influence the developability of the subject property. Following are the results of our study. ToDociraphv and Soils Figure 3 shows the USGS Topographical Map for the Property and surrounding areas. According to this map, the Property houses a lower -elevated area associated with a tributary of the Sebastian River on its western edge that makes its way from the northwest edge of the Property towards the southeast central portion of the Property. This lower area ranges in elevation from 5 feet NGVD on its northwestern side to 15 NGVD in its southeastern portion. The rest of Property appears to range between 15 and 20 feet NGVD. The U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) map for Indian River County (Figure 4) depicts four soil types underlying the Property. Following is a description for these mapped soil types as they occur in a natural environment. Eau Gallie fine sand (31 The Eau Gallie, non-hydric component makes up 80 percent of the map unit. Slopes are 0 to 2 percent. This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 12 inches during June, July, August, September, October. This soil does not meet hydric criteria. Riviera fine sand, 0 to 2 Dercent slooes f 10) The Riviera component makes up 80 percent of the map unit. Slopes are 0 to 2 percent. This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of 22182EA4.27.23.Rpt www.environmentalpermitting.com 196 of 272 water saturation is at 6 inches during June, July, August, September, October. This soil meets hydric criteria. Wabasso fine sand (13) The Wabasso, non-hydric component makes up 70 percent of the map unit. Slopes are 0 to 2 percent. This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 12 inches during June, July, August, September, October. This soil does not meet hydric criteria. The Wabasso, hydric component makes up 20 percent of the map unit. Slopes are 0 to 2 percent. This component is on flats on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 6 inches during July, August. This soil meets hydric criteria. Riviera fine sand. freauentiv ponded, 0 to 1 percent slopes (51) The Riviera component makes up 85 percent of the map unit. Slopes are 0 to 1 percent. This component is on depressions on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is frequently ponded. A seasonal zone of water saturation is at 0 inches during July, August, September, and October. This soil meets hydric criteria. Past development and human activity within and surrounding the Property appears to have altered some of the characteristics possessed by the underlying soils. However, in general, the soils underlying the Property appear fairly consistent with the above descriptions. Veaetation and Communitv Tvoes Different combinations of natural and human -influenced factors, such as surface elevation, hydrology, vegetative species and structure, soil characteristics, and degree and type of historical disturbance, will give rise to a variety of distinct ecological systems and functions, known as communities and land uses. The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) organizes most of the major categories of communities and land uses into particular descriptions, each corresponding to a different code number. Using our field observations and the FLUCFCS system as a guideline, Atlantic Environmental has identified four on -site communities as they currently exist on the Property. Figure 5 depicts the location and associated code number of the on -site FLUCFCS categories; specifically, Abandoned Groves (FLUCFCS Code number 224), Streams and Waterway (510), Reservoirs less than 10 acres (534), and Mixed Wetland Hardwoods (617). Following is a description of these classifications, as they exist on the Property, along with an assessment of the jurisdictional wetland status based on the rules and regulations of the SJRWMD and the U.S. Army Corps of Engineers (USACE). In December 2020, the Florida Department of Environmental Protection (FDEP) took over a significant portion of the Section 404 federal permitting from USACE. The jurisdictional status of FDEP will also be referenced below. 22182EA4.27.23.Rpt 197 of 272 Abandoned Groves (224) A majority (approximately 126.89 acres) of the Property is comprised of abandoned citrus groves. Here, the beds and furrows of the past citrus operation are still evident and the vegetation within the beds is dominated by Brazilian pepper, laurel oak, cabbage palm, wax myrtle, Australian pine, caesarweed, guineagrass, cogongrass, and poison ivy. This community is an upland and will require no wetland permitting or mitigation. With this having been said, SJRWMD and FDEP may claim some of the relic furrows as surface waters. If so, impacts to these surface waters will require permits but no mitigation for impact. Mixed Hardwoods (4381 An area dominated by mixed hardwoods is located within the northeast corner of the site. This ±1.80-acre area is dominated by live oak and laurel oak with lesser amounts of cabbage palm, Brazilian pepper, wax myrtle, and guineagrass. This community is an upland and will require no wetland permitting or mitigation. Streams and Waterways (510) There are several larger ditch systems that extend through the Property which are overgrown, ultimately flow off -site, and total approximately 6.19 acres. Some of these ditches appear to have been historic tributaries of the South Prong of the Sebastian River which were reconfigured when the Property was converted to citrus groves. Vegetation within these ditches is dominated by giant leather fern, primrose willow, and Carolina willow. SJRWMD and FDEP will assert jurisdiction over these surface waters and, therefore, will require a permit for proposed impacts. However, no mitigation should be required within the banks of these surface waters. Reservoirs less than 10 acres (534) A man-made pond is located within the northwestern extent of the Property. This pond encompasses approximately 1.00 acre. Cattails are present within the center of the pond and vegetation along the banks dominated by Carolina willow, Brazilian pepper, wax myrtle, primrose willow, red maple, duck potato, and giant leather fern. SJRWMD will claim this pond as a surface water requiring permits for impact. Mitigation may be required if surface water impacts are greater than 1 acre and SJRWMD determines that this surface water provides sufficient wildlife habitat value. Mixed Wetland Hardwoods (617) Forested wetlands are present within the western and central portions of the Property. These wetlands are part of the historic tributary and/or floodplain of the South Prong of the Sebastian River. The on -site wetland totals approximately 10.64 acres. Vegetation is dominated by Brazilian pepper, cabbage palm, red maple, American elm, laurel oak, Carolina willow, shield fern, giant leather fern, Virginia chain fern, swamp fern, shiny coffee, and poison ivy. SJRWMD and FDEP will assert jurisdiction over these wetlands and require the acquisition of permits and the provision of mitigation for any proposed impacts. The wetlands north of the existing pond (listed above under category 534) in the northwest corner of the Property appear to be larger than they may have been historically. Atlantic Environmental located a free flowing well within this area that appears to have been flowing for years and increasing the ground and surface waters volumes in this area. Exacerbating the problem, the old citrus beds and furrows were levelled within this area in or around 2005 which appears to have lowered the elevations, or at least allowed the waters flowing from this well to no longer be 22182EA4.27.23.Rpt 198 of 272 channelized and therefore spread over the ground's surface. The ground disturbance and added water from the well have allowed for wetland vegetation to become more dominant in this area and therefore contributes to the ability of the regulatory agencies to claim these areas as jurisdictional wetlands. As you are aware, the well was capped in 2022 and it is possible this wetland area could contract in the future if the water continues to recede. Habitat Potential for Protected Wildlife Species A preliminary survey for listed species and suitable listed species habitats was completed on the Property. This survey resulted in the determination that the Property provides suitable foraging habitat to support the below listed species found in east central Florida and the Treasure Coast. Wadina Birds Wading birds, including little blue herons, tricolored herons, sandhill cranes, and wood storks, depend on freshwater marshes and shorelines for foraging and typically roost in forested wetland systems. It is possible that any or all of these birds use the on -site surface waters and wetlands from time to time on an opportunistic foraging basis. However, the preliminary survey did not indicate that any of the above listed protected wading bird species are using the Property in a way that is significantly dependent upon on -site habitat. No nests of any of the listed species were observed on the Property, and no signs of these species were noted. SJRWMD may consider portions of the on -site pond as suitable foraging habitat for wood stork. If so and if impacts to suitable wood stork foraging habitat are greater than 0.50 acres, then mitigation could be required. Mitigation could include the creation of suitable foraging habitat around created stormwater ponds that equal at least the same acreage of impact. Gopher Tortoise Gopher tortoises are state listed as a threatened species. These species require three environmental conditions: well drained loose soil in which to burrow, adequate low -growing herbs for food, and open sunlit sites for nesting. While on -site with SJRWMD, Atlantic Environmental observed a secondary sign (i.e., scat) of tortoise inhabitance in the southwestern portion of the Property. As such, Atlantic Environmental recommends having a formal 100% gopher tortoise survey completed prior to clearing/development. Prior to impacts, the acquisition of a permit will be required from the FWC should this species be inhabiting the Property. The cost of relocating can be discussed after a survey is completed and the number of potential tortoises is found. Due to the poor -quality habitat, Atlantic Environmental can safely state that the tortoise population here will be low, if present at all. Wetlands The wetland limits on the Property were approved by SJRWMD on February 15, 2023. Wetlands, including those located on the Property, are protected by state, federal, and/or local government rules against impacts from development. Should development be proposed which would affect these natural resources, permits authorizing these impacts would be needed, and mitigation for alterations to these wetlands can be required. Following is a general discussion of mitigation alternatives that may be applicable to the wetlands proposed to be impacted by development of the Property. Prior to impacting a wetland on a particular piece of property it is required that all efforts have been made to eliminate wetland impacts. If elimination of wetland impacts is not practicable, it is then 22182EA4.27.23.Rpt 199 of 272 required that site development alternatives are considered that reduce wetland impacts. This elimination and reduction exercise will be required should impacts to wetlands be proposed on the Property. Once it has been determined that all reasonable efforts have been made to reduce wetland impacts, the wetland regulatory agencies will consider compensation for wetland impacts through compensatory mitigation. Although mitigation can take on many forms, mitigation usually consists of restoration, enhancement, creation, or preservation of wetlands, other surface waters, or uplands. However, the federal govemment (i.e., USACE/FDEP via the State 404 Program) will not accept straight preservation (of wetlands or uplands) as a valid form of mitigation; some form of wetland improvement (enhancement, restoration, or creation) must be provided. Furthermore, FDEP will not typically accept invasive species eradication as the sole form of compensatory mitigation. The amount of compensatory mitigation required is determined by the amount of biological lift needed to offset the proposed impacts. The quantity of biological lift required is dependent on the acreage of proposed wetland impact, the location and landscape support of the proposed impact site, the habitat value of the proposed impact site, the functionality of the proposed impact site, as well as the vegetative and hydrologic quality of wetlands proposed for impact. To determine the amount of biological lift provided by a mitigation site, an applicant must take into account all of the above criteria, as the mitigation site exists prior to mitigation action, and determine how the proposed mitigation action will biologically improve the mitigation site. If the biological lift provided by completing the mitigation action outweighs the biological loss incurred by the proposed impact, the regulatory agencies are expected to permit the proposed project. As for this particular site, SJRWMD and FDEP will require that efforts be made to reduce wetland impacts to the greatest extent possible. Once such efforts have been made and proven to the regulatory agencies, an applicant can then propose impacts to wetlands in conjunction with providing compensatory mitigation for such impacts. With this having been said, if an applicant were to employ one of the SJRWMD out -provisions in which mitigation were offered that has a greater long-term ecological value than that of the wetlands proposed for impact and mitigation that implements all or part of a plan that provides regional ecological value, one could bypass SJRWMD's elimination and reduction criteria. One method to employ this out -provision is to provide mitigation from a permitted mitigation bank. Atlantic Environmental estimates mitigation costs to range from approximately $125,000.00 to $150,000.00 for each acre of wetland impact. Permit History A SJRWMD permit (4-061-93332-1) was issued for a single-family subdivision on this Property in 2004 and subsequently expired in 2010, with only land clearing work being initiated while the permit was valid. This permit authorized 0.44 acres of wetland impact as well as impacts to some of the on -site surface waters. On -site mitigation was proposed which involved wetland creation, enhancement, and preservation. At the time of permitting, there were no available mitigation banks servicing this area. Another SJRWMD permit (4-061-93332-3) was issued in 2008 for a single-family subdivision which expired in 2013 with no work being initiated. The same 0.44 acres of wetland impacts were proposed. However, the on -site mitigation changed slightly since it was discovered that a portion of the on -site ditches were within a drainage easement dedicated to the Sebastian Water Control District. The District required the ditches to be actively maintained since a larger off- 22182EA4.27.23.Rpt 200 of 272 site drainage basin flowed through the these ditches. Atlantic Environmental recommends working with a civil engineer to determine what impacts can occur to the on -site surface waters. Conclusions Atlantic Environmental determined that the Property supports approximately 128.69 acres of uplands, ±7.19 acres of surface waters, and ±10.64 acres of wetlands. These natural resources must be addressed in the development process, through permitting, avoidance, mitigation, or some combination thereof. One could expect to spend $125,000.00 to $150,000.00 for each acre of wetland impact. With this having been, the City of Sebastian has more stringent rules that dictate allowable impacts to tributaries of the Sebastian River. As such, we recommend working with Sebastian staff to ensure proposed wetland impacts and upland buffers are permittable. As the next step in the development process as it relates to environmental issues should you choose to pursue the development of this Property, Atlantic Environmental can assist in the wetland permitting process and coordinate with the respective regulatory agencies to secure approved permits and mitigation. Lastly, a 100 percent gopher tortoise survey should be completed to determine the number of tortoises that may need to be relocated on the Property prior to site development. Should you have any questions or need additional information, please do not hesitate to contact our office. Sincerely, Dcva vjltl� David G. Purkerson, MS, PWS Vice President/Biologist Jon H. Shepherd, MS, PWS President/Ecologist 22182EA4.27.23.Rpt 201 of 272 Project: River Oaks Figure 1: Location Map o 0.5 1 2 Miles Indian River County, Florida Sebastian x 0 a o y� � c G �,d _ r a ri W .E � J C LL Voceliu Ave SR �Z c rr. y r W C N n ISO Is N C C J V 7 Sl J t1 4 fr a 4& 0 P 85 tt1 � I Project Boundary Indian Rivet U111f aIE r y 69th St Q 7 d N 57th SE W E Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P. NR 3n. Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), N(SCC. (c) OpenSlreetMap contributors, and the GIS User Community AN YTLA��yi�NTIC FVIHONMEiV�L��NEHMItU�6 MI GAAT]ON AE : Pro #22182 N1 "fIIa Fir j.. _ Project Boundary Streets ��ir. • JL� ,i'r� J. SEASHC3�EA ir i• .,A - f y. 7 • F .1 ;i. ,rr : y ';�7•' v.. -AY �r+f4 •. ►�, r.. r- 1.Jh - 7F+-. `: i - fir--: •►�, - P ..1 ••i .. .a> .'�..w wf 3 § `<- _. ~ F' : ram._. ep W. Fri ✓. .•� ��r�'w!' � } ``i-�.�. '_fT_-i;I � .-h �5,x-,1(�I,�y_ r-ea`. -. - .. - f ..r.� �I ia; ram. N'a � .}�. F �S �� fr, r }. * � e�F �3i .. • ',,+.,� i�` C '� �p� r r 1 w fir-. ; .. ` i r*d,•. µ". 7 '�t• * r�� ; � � ♦ P ^•i` ,.�+� •r � it Project: River Oaks Figure 2: Aerial Map 0 250 500 1,000 Feet 2021 Aerial, Indian River County, Florida w.s E ATLANTIC EN V IR0NMEINT'AL ENVIRONMENTAL KHMIT11NG S MITIGATION AE PrTO� ' r11,8i"2 V. %A " - Y 5 Project: River Oaks Figure 3: USGS Topo Map 0 500 1,000 2,000 � Feet Sebastian & Vero Beach Quadrangles, Indian River County, Florida Project Boundary i 0:p1;001114"q N ATCA;NITIC E N V I R 0 N M E N T A L EWHOWENTAL PERMITTING & MITIGATIUN AE Proi #: 22182 IiA U1 IL -/ /-_ `' •ter 1 Y'r�- '�Y`,,�. ,r ,. 4.0��'', �It'=;, '.•' '°y I Project Boundary 3. Eau Gallie fine sand ' - 10. Riviera fine sand, 0-2% slopes - 13. Wabasso fine sand 51. Riviera fine sand, frequently ponded a ' ib'�� r 647 Project: River Oaks Figure 4: NRCS Soils Map 0 500 1,000 2021 Aerial, Indian River County, Florida 2,000 Feet • :Jr tier-710`�'T"��kr 4 s ' . •s••r�,r-iey�N, w,�aM l � R a 0 ATLANTIC ENVIR0NMEIVTAL LVVIH:INMLNIAL P£:HMIT IINS S M1IIGAIION AE Fr+j #: 22182 DI of 27Z 2 2 In, For. 7 AD L, t4a 46 Project: River Oaks Figure 5: Land Use (FLUCFCS) Map 0 250 500 1,000 Feet 2021 Aerial, Indian River County, Florida Project Boundary 224. Abandoned Groves 438. Mixed Hardwoods 510. Streams and Waterways 534. Reservoirs less than 10 acres 617. Mixed Wetland Hardwoods -4�7 e—JAW�,t I I— .— %L AL. Mz NOT- 'D ATCAINTIC FE IM V I R 0 PJ M r- 14 T A L ENVIRONMENTAL PERMITTING & MITIGATION AE Pr #: 22182 96 V., : 1-1 { z Existing Tree Point Table Existing Tree Point Table F".A 144I Description J Elevation Noshing EBsling 1a 111 De spoon Elevation I Noshing Ee.9ng j IMAGE OF OAKJ 692t 12436DT �ial6a;y11I 82353956 51 13"OAK 1220 124]15719 82401661 2 IMAGES '13 1N3610"W C35M 15 52 11.OAK 7]03 1N37890i 82471680 _ I 3 IMAGE 88.02 "Jj RMtp; 53 1WOAK 71.34 124378067' 8247W 15 IT t 4 IMAGE 6578 tTA 051 MX14p, 51 19-OAK N4 7 1211751 B24tiO4.52 _.EOF OAK 91-38 ':4t4[lQ lm"ff 55 Ij 13"OAK i 1..1 1243i . 82465T 3] BM i 1 - -^ �J•i l /� f 6 GEOFO)(I 6026 `:4,IIY'14 lu�}1 W 56 30'OAK 78M 124374676 � 824706,9 IMAGES .85 I]q•IM B1 82341f�N, 5] 18'OAK ]fi 59 t 24376t)5I 824860. 6959 ' IMAGES BB.82 124328449 8'e34295t 5B B'OAK 000 3765.951 324718.22 9 iwGEs 7114 1,42T,- B2346634 59 IT OAK 99.6t 1243731.66 1624560.67 IMAGES 7034 :142843.99 \82336465 60 IF OAK N.22 124374553 824620.82 �7 11 IMAGE 131 31 1243010 30 823065.90 61 IF OAK -11 121112111 � B24547.61 j{I 1 ��- • 1 i I 3 }' - / ! .j {/ %j 2 -I 32 t 3 f 12 IMAGE OF OAK 38 29 1243096 R 62295062 62 IT OAK .3. 1243T24.31 B24555:18 1 33 42 O -7C p 3 .8 lj t3 J IMAGES 6420 '243091..15 82280].8] 1 63 V. OAK 7258 t243)628] 82452579/ yp-� c 34 QO 2 0 7UQ O•^ t { 14 IMAGES 2z 6a z411 z 12211111 61 II'QAK 1 10174 12A3]3956 82a505.B4 fl 11\ 1' _�'--1- '-'-L I�_.`-�- 1 f�•� ` t / 27 2V 43 1 7 02 l(� 71 ,-Jfi7 2 15 IMAGE9 ;S BWS 12d320400 822T]B 49 65 24'OAK I 9537 12a3744.05 82449570 .21-'_ 28 35 44 S3 80'/ r f �-'2 f 16 IMAGES - 1243>1 /.,13j B113516t 86 24'OAK � 9144 124374528 824di2.05 1 22- 1T IMAGE. 5361 1243229.17822T71,12 67 16'OAK 7223 12437]T26 824463.31 y lll"'•►✓✓�/// ,' 1 ' / &�� / ,,ry ? .2�.' i 18 IMAGE. M75 12432MN 822]56.01 6B 12'OAK 14.02 1243TTB 13 02441685 i UY 19 IMAGES 5032 1243203.B2 tl2273a 47 68 24'OAK 88.71 1243768 T,1 024448.1] /f C 3 _ _ _ -L7`/. O- TC •. v I 20 21 OAK 6649 1243775 BI 8236t0.]2 10 15"OAK 7fi 93 1243 166 j 8244164. 3 _ _88. 78----72 1 85 177 f { ! 7 fl 1 f3 1 y4 9 41I -7t 355 --- I: 21 IF OAK 6855 .1243150,a5 8z362z.+a/ ]1 3B•OAK 11W 124374777$2,307779 8 L79 6r• 5'� I' } 4 22 J IF 67.91 1241'..462359962I 2 1'. OAK 9880 124374322[ 824407.72 37 { 45 L 5 OJ 54 I 5 IIr • �� \ . % \ `` i12 t re.f i 23 2s•OPK Bl os 1243724.o4 823602 a5 73 13'oPlt 74a1 1243n4 01 g2436322 t i r 6 f/ {{{111-- // JJ :�'-4 4- - L�7 i .� .1� �:_ _ i i 24 28'OAK i 6819 1243717.13 823614.9+I 14-12'OAK j 12.]D 1243781.75 024332.id l��l f!/ y_ _- _ya;_T_ ^ - ` i 25 IT OAK I 6830 124372717 82363327 75 48'OA1( 8301 1243]5119 824341.8E 46 1 1 �: 2E 20'OAK 6166 1243738.36 a 4oa4-r 12-OAK 83,14 1NYM21 824312.68 27 12. OAK 6E72 ,12431fi950-3635.93 77 2.- OAK 7492 124375316 92429869 •\ _ / �/` J 1 i' / ,, y I 1 - i -^•"'®�'Y (/ J /'fit 1 2B 52' OAK I 6B BB 1N371966 82369a.98 78 14" OAK 12. 11243776 70 .31323 29 24'OAK 6982 1243T13 fit 823TIC+B 79 38'OAK ]S fi2 1243)4t i6 B2419t fib 17t f1\\ x +� .i ll` 1 ; I 3 ■ _ ` 90 / 15'DAK ]214 124a7J55fi 8231B]19 80 2B'OPIt ]34B t243]41 t' 824247021 \ll` 1 l_� �� J/ / / \ 8124 !/t A "*. % f` \>- = - - li :ry 31 IT OAK 6973 378823 442 79907 11 18'OAK 1221 1243149,90 82422198, { 14 \ I. 1 7\1/ `• / ! , - l - - 1 , �+ 32 OAK 72 6 !1243170 B6 8236039/ 82 8'OAK 1525 1243741]11824221.66 1fj \./� ~ i ,>. 33 j 16'OAK 7169 t24315918 6238219t 87 20'OAK 81.51 124374291 82421 B.21i y.r , t p , � f , 13� \\ (� 31 J 24' OAK 71 5fi 243]d9 46 fI8238 " I12' OAK 1-1 1243738.61 J B242..44 - �\ /,•., ��-- -� --- 35 12.OAK 73.01 1243746 79 122 W 85 14'OAK 74,06 /24372862 i 82419361 72.38 124312050 823845,03J 86 t4.OAK 86,BT 1243738.22 8241.E 17 i2.5B 1243706.6t 82386160 { 8] 2r OAK 7361 12437433202dt]358 -- �"}"^�`t✓-^' - -r " `^ "^--`f-; 1 �-" - y, 38 I 2E' OAX 7527 124371611 &"386449 1 BB 18' OAK 74 i6 1243751.% i 824138.81 39 22'OAK 13 d0 1243]2i 6B 82387571- 89 lI 15'OAK 74.41 121374. j82413244 2r 0AK )258 124373863 823889-7' 90 II 1T OAK 86.22 1243"2.651824152.63 i-t'�'�-r�-��.,-,F t I r i f+ \/ ) '/f \ r--• 1 I at 10'OAK 6998 124373568 (82.3B8747 91 III IB'OAK ]134-12437T3.84; 824123.93 - ✓"� \ 1' j' 1 42 13'OAK 7059 1243i84'l5 11311171 12 14'OAK 6910 124318423' 62402590 PROPOSEDONSITEWETLAN0 �` I -_ ! f - :h \ \ �• I I 4 a� 1zOAK 13s7 12431ssI6j823943&Ii B3 it OAK 8090 124316156 62408959 Ml716A710N At7EA: HO.57, S C - ` , - �-• i) / 1 t 3 t 1B' OAK 74.79 1213748 32 1-2117 94 14' OAK ]3 B6 t243726 60 � B2405973 (54623.5T. SF) t \1 .' f ' �'`. -4 I _�^� ••l 45r24,. 1217 12437w 18 8239170 95 13•GAK 8234 I24375142 8z 826- r \ �• %%% 1 � 1'v]8 124314544162395565 5fi 18'OAK ]11412437a1.B7 82409+72 73-99 124371563 B239I1 '�3 97 20'OAK 1 ]549 1243]St 8'8241084E 1R 5B 12d372B B5 82396627 9B 1<OAK B53fi I243]4t U9 824WBfi.f-49 322 243)306 824011 85 t243732.03 B2402324 / `ate---------T -_ __ A.1IR 60121 ST STREET SUITE 410 VERO BEACH, FL 32960 www,bgeinc.com River Oaks - Existing Trees DIRECT- 772-217-5954 .■ ECE IVE # AUG 3 0 2023 DATE: 3/31 /2023 Wr 41, 50' 2�7 072 oROURKE ENGINEERMG &- PLANNING October 19, 2022 Revised February 22, 2023 Revised April 19, 2023 Mr. Ben Brown 85 Sebastian, LLC 8985 SE Bridge Road Hobe Sound, FL 33455 Re. River Oaks Preserve, Sebastian, FL Dear Mr. Brown: O'Rourke Engineering & Planning (O'REP) has prepared the traffic engineering statement for the River Oaks development. River oaks is proposed for 352 single family detached dwelling units to be located on CR 510 in Sebastian, Florida (Indian River County). Attachment 1 illustrates the project location. Trip Generation / Project Assignment The trip generation was calculated using ITE Trip Generation 111h Edition. The project will generate 3,212 daily trips, 257 AM peak hour trips and 335 PM peak hour trips. Attachment 2 summarizes the project trip generation. The project distribution and assignment were developed based on the ultimate location of origins and destinations. Attachment 3 illustrates the project assignment. Link Analysis — CR 510 The impacts of the project on CR 510 were summarized for the AM and PM peak hours for the existing condition and for the post widening condition. Attachment 4 summarizes the results and includes the data that went into the summary. The FDOT 2020 LDS tables were used to establish level of service. As noted, the level of service is C in the existing condition and will remain level of service C in post development, post widening condition. 22 SE Seminal-, Street ! Stuart, FL 349941 772-781--19181 Susan@OREP.tech 208 of 272 This summary provides an overview of the traffic impacts associated with River Oaks Preserve. Respectfully, O'Rourke En neering & Planning b an El. ourke, P.E. President Prepared by: Professional Engi er O'Rourke Engineering &Planning /G /G4�r-+-�- Certificate of Authorization: #26869 22 SE Seminole Street Rourke, P.E. Stuart, Florida 34994 Date signed and sealed: 4/19/2023 772-781-7918 License M 42684 209 of 272 k0 OROURKE NTS 22 SE Seminole Street Stuart, Fi, 34994 Job 9: 1Date: 2.222023 Fieure 1 River 04ki Pik 2-2.2M ill A1. 011k7 85th St v, v1 m 00 a ar K C Legend -Project Location c T N Attachment 1.1 Project Location RIVER OAKS PUD 210 of 272 L OYgd CLq @Aid.1CLCL<RLM97fP�RKT C�{ia.. pi! 4M7r4 NOirm YOI.. Li L.ru FpM'. Ia. L14G]OYM. NOm]0[IIrCirrT.06r9 i?O 9'.i.LOPi'.C� SV..LB?rn iCCtRq W?GONnO f Will ifs M [if of IFf �f��ifffff �� a�a �� ➢tt �t, ➢t➢ If 111111 yy1��frit frFfit C /�ill FFFF � 1 1 9 ➢5 : gtt Ftt 959 E1=e ► r �.➢ ➢ : of C. t.. ... sit U j I 8:: F Fagg f r �� if f � ME f E4iaGiiG �6' �O al t��3tfft 3f iJ�ift f i g R pa I if 1 1 1 I'll i # eF f Conceptual Site Plan River Oaks Preserve Sebastian, Florida I $fp iffy f f fE l i Cr Attachment 1.2 211 of 272 In; Daily Land Use ITE Code Intensity Units Single Family Detached 210 352 DU TOTALS Source: ITE I Ith Edition Trip Generation Rates 1b: AM Peak Hour Land Use ITE Code Intensity Units Single Family Detached 210 352 DU TOTALS Source: ITE l Ith Edition Trip Generation Rates Ic: I'M Peak Hour Trip Generation Rate Ln(T) — 0.92Ln(X) 1 2.68 Trip Generation Rate T=0.71(X)-7.23 Land Use ITE Code Intensity Units Trip Generation Rate Single Family Detached 210 352 DU LnM — 0.93Ln(X) - 0.36 TOTALS Source: ITE 1 lth Edition Trip Generation Rates Directional Split In Out 50% 50% Directional Split In Out 25% 75% Directional Split In Out 63% 37% Daily Trips In Out Total 1,606 1,606 3.212 1,606 1,606 3,212 AM Peak Hour Trips In Out Total 64 193 257 64 193 257 PM Peak Hour Trips In Out Total 211 124 335 211 124 335 D n 3 3 N N 0 N J maGan •RhwOsksRm Susan E.ORourke. P.E., lnc. N N , OROURKE NTS 22 SE Seminole Street Stuart, FI, 34994 f ob M I Date: 2.==3 Fkgure 3 River Oaks PUS 2.22.2302 OfP� 48% 52% 85th St M N as 00 s D D K K ro ra Legend Attachment 3 -ProJect Location Project Percent Assignment RIVER OAKS PIED 213 of 272 Attachment 4 • Link Table • Supporting Data • FDOT Roadway Information 214 of 272 Segment f From I To I Direction j C.R. SID CR 512 87th Street EB CR 512 87th Street wB 87th Street 66thAvenue EB 87th Street 66thAvenue we _ S6thAvenue _ 8th 5Aventte_ -- EB 66thAvenue SMAvenue WS _ SSth Avenue _ US-1 EB 58th Avenue US-1 w8 (1) tndlan Rlver County Traffic Counts and LOS Report (2] Ana wide gra vrh rare calculated from FDOTInstwksil AAOT EXISTING FUTURE IN/OUT ill S.M. 2021 Peak Hour Servicetll Growth 2025 Peak Project Project lanes Volume Dlredlonal las Lanes Volume Ratelrl Hour+ Committed Percent Volume Volumes Growth Assignment IN 2L $90 473. C 4L0 1960 1.00% 490 117 48% 31 OUT 21. 880 765 C r4LD 1960 1.00% 796 0 48% 93 IN 21. 880 471 C 41D ]960 1.00% 490 117 48% 31 OUT 2L 880 765 C 4LD 1960 S.OIrJ6 796 0 4896 93 4LD 196D 1.00% 52% 33_ IN 2L 8>� 432 C 450 49 OUT _ 2L _ 880 748 C 4LD 1960 I.00% m — —14 _ 52% ]00 OUT 21. am 575 C 4LD 1960 9 IN 2L 880 781 C ] 1.00%.00% 813 6 52%52% 33 Two -Way: 257 Net In: 64 Net Out: 193 Years Grown 4 EXISTING FUTURE Segment Flom To Direction IN/OUT Scrvlcelrl 202E Pc2021 ak 5erviceltf Growth Z025Peak Protect project lanes Volume Diredlonal LOS Lanes Volume R4teizl Hour+ Commlled Percent Volume Vofumrs Growth Assignment C.R. 510 CR 512 "Is Street EB_ IN 21. 880 471 C 4L0 1960 1.00% 490 117 48% 201 CR 512 87th5treet _ WB OUT 2i 880 765 C 4LD ]96D 1.001A 796 0 49% 60 B7th Street 66th Avenue EB IN 2L 880 471 C 4LI} 19W 1.0M 490 lI7 48% 101 87th Street 66th Avenue WEI OUT 2L am 765 C 41.0 1960 L00% 796 _ 0 48% 60 58th Avenue EB IN 2L 880 432 C 4LD 1960 LIM 450 49 s 52% 110 66thAvenue 58th Avenue VYB OUT 2L 880 748 C 4LD 1960 LOON 778 14 52% 64 J66thAvenue 58th Avenue US-1_ EB I OUT 21. 880 575 C 4LD �1960 1,00% 598 25 52% 64 Seth Avenue US-1 WB IN 2L 880 781 C 4LD 1960 L00% _ 833 26 52% 110 (1) Indian Rhmr County Traffic Counts and LOS Agwrt (21 Area wrde Crowth rate calculated from FDOT rfisu rkal AADT Two -Way: 335 Net In: 211 Net Out: 124 Years Grown 4 Total Tralflc I LDS 638 C 989 C 638 C 989 [ 532 C 892 C 723 C 872 C Total Trafilc I LOS 708 I C- 856 C 709 C 856 C 609 C W6 C 687 C 949 C TABLE 7 Generalized Peak Hour Directional Volumes for Florida's ed Urbanized Areas January2020 STATE SIGNALIZED ARTERIALS FREEWAYS Class I (40 mph or higher posted speed limit) i; Core Urbanized Lanes Median B C D E Lanes B C D E i Undivided * 830 880 `* 2 2,230 3,100 3,740 4,080 2 Divided * 1,910 2,000 *" 3 3,280 4,570 5,620 6,130 3 Divided * 2,940 3,020 ** i; 4 4,310 6,030 7,490 8,170 4 Divided * 3,970 4,040 "* 5 5,390 7,430 9,370 10,220 Cl II 35 h I d 1' •t 6 6,380 8,990 11,510 i 2,760 ass ( mp or s Doer post spec tmt) Lanes Median B C D E Urbanized 1 Undivided * 370 750 800 r ; Lanes B C D 1E 2 Divided * 730 1,630 1,700 '' 2 2,270 3,100 3,890 4,230 3 Divided * 1,170 2,520 2,560 'k 3 3,410 4,650 5,780 6,340 4 Divided * 1,610 3,390 3,420 ',, 4 4,550 6,200 7,680 8,460 5 5,690 7,760 9,520 10,570 Non -State Signalized Roadway Adjustments Freeway Adjustments (Alter corresponding state volumes 6 Auxiliary Ramp by the indicated percent.) Lane Metering Non -State Signalized Roadways - 10% f + 1,000 +5% Median & Turn Lane Adjustments UNINTERRUPTED FLOW HIGHWAYS Exclusive Exclusive Adjustment Lanes Median Left Lanes Right Lanes Factors Lanes Median B C D E 1 Divided Yes No +5% l Undivided 580 890 1,200 1,610 Undivided No No -200/6 2 Divided 1,800 2,600 3,280 3,730 Multi Undivided Yes No -5% 3 Divided 2,700 3,900 4,920 5,600 Multi Undivided No No -25% - - - Yes +5% iUninterrupted Flow Highway Adjustments Lanes Median Exclusive left lanes Adjustment factors One -Way Facility Adjustment I Divided Yes +5% Multiply the corresponding directional Multi Undivided Yes -5% volumes in this table by 1.2 Multi Undivided No 25% BICYCLE MODE' 'Values shown am presented as peak hour directional volumes for levels of service and (Multiply vehicle volumes shown below by number of are for the amamobil°Itruck modes unless specifically stated. This table does not directional roadway lanes to determine two-way maximum service constitute it standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific volumes.) planning applications. The table and dotiving computer models should not be used for Paved corridor or intersection design, where more rcrined techniques exist. Calculations arc baud on planning applications of die HCM and the Transit Capacity and Quality of Shoulder/Bicycle Smite Manual. Lane Coverage B C D E i r t.cvrl of service for du bicycle and pedestrian modes in this table is based on 0-49% * 15D 390 1000 manber of vehicles, not number arbieyclists or pedestrians using the facility. 50-84% 110 340 1,000 > 1,000 i Bums per hour shown arc only for the peak hour in the single ditectioa of die lusher trafficflow. 85-100% 470 1,000 >1,000 *" @ow. PEDESTRIAN MODE' • Cannot be achieved using t&te input value defaults. (Multiply vehicle volumes shown below by number of •*Nor applicable for that level ofservice tatter grade, For die automobile mode, directional roadway lanes to delertnine two-way maximum service volumes greater than level orsevice D become F because intersection capacities have volumes.) been reached. For the bicycle mode, the level of service leuer grade (including F) is not aclnicvabtc 1r«ause them is no ntaximum vehicle volume: threshold using table input Sidewalk Coverage B C D E 1' value dethults. 0-49% * * I40 480 `! I'; source. 50-84% * 80 440 800 'I Florida Department ofTransportadon 85-100% 200 540 880 >1000 r 3II ii! Systems ]xth: ,�x u.Sdstik.rvpi.unnng'•)>ts,n+ BUS MODE (Scheduled Fixed Route)' f (Buses is peak hour in peak direction) Sidewalk Coverage B C D E 0-84% > 5 ? 4 ? 3 >_ 2 85-100% >4 >_3 ?2 ?1 liI QUALITYILEVEL OF SERVICE HANDBOOK 216 of 272 Links Maintenance Report CLPR90::5 - Li::ks Maintenance :ep•.r: I,ial� 1.1r9c..11�5r�11.�:,tn�F 13A56 U.S. 1/169TH SrkFFT/JvLU UTXIE 11WY 139OH U.S. 111/01-R 05XIF HWY:/SCHUmllir UN 139DS U.S. :;:OLD DIX:i:: HWT ,SCHUHAtn[ DU 194511 U.S. i/,SC LYWt1, UR//C.N. 912 13955 U.S. 1!/S•^ililYAmr C;L/JC.F. 51^ 140011 U.U. I!/C. R. "i: 7': irl. SEN r-•1 TY 1, 140US 11,5, 1J;'C.[, SFB CITY [. 1405rl U.S. I,/H. SEH C:TI' L!!ROSHI.AHI] kl] 1405S U.S. 1I.•N. SER C:TY LJ/Ri15F1.A1)D RD 1410H II,S. I/111DSELAM ROl lll, COI)MY LIM. 1410., U.3 1!/ROSF.I_AM; Fu!/T1, COMITY i.10F. 11,10n SCHUMAM) M-r..R. S:n i 66TH AVE.''!;. :NH 1510S SCHUr1ANU AkJ/C.k. 5:0 F 661H AVFIiS. SR11 152011 irHU?LA!l1: DR//S. SF.H c:"T 1.1/U.S. 1 1520:: SMUNATH; DR./Z, SF.R r:r?Y : , r;%S, I 16101T ROJFLA:'D N7 lrr, R. 512 ... ;F:I1 CITY 1. 16105 NbSELAUU Rq!JC,.R. 5.2 rEB CITY 1• 162011 WSELAYD ND//N. SRO :_:'Y ::,U.S. 1 1620S Rdsm'Alf?7 RD//!'. S-F _:7Y :U.S. I 171OF P.R. 512i/S.'n. 6n//7-95 171OW r.P. 512,%S.A. 6nt11-9S 1730E -14. rl-95!/c.R. 5'-0 172011 rT,N. 510 1730F r-.R. 552!/C,R, 5:n%+W, SPS ."!TTY 1. 1730i1 C.R. 51:Wr--A. 5-nf-W, SFA CITY I. 1740E V.R. 51_!l/W. SMA ("TV L/iPO.'IE1+±11D NO 1740W (:.It, 512//W, Si3 UM 'iiRUSELAIII) kb 1750E C.R. 512i/ROSELAtW ADI/U.S. 1 1750W (T. R. 5:-'%lROS£IAY. RD!/U.S. 1 12101, r'. A. 51 n::c. Ti. 5'7 6611f AVF: 181 Oh (7.R. S1R./;7. I:. ;._466"If AVE ISZOF.' C.k, 5,l0: /661H AVE, :59:R AVF: ISTOW C.R. 51n/,1661H AVF:,inO-m AVt 1830F C.A. 5:n//SFITH AVF//U.S. 1 183OW r:.R. 5. n1/519MT AVF:%: U.S. 1 1840t, C.k. 5:nl;U.:, 1i'S.R. ATA I840W C.H. S:I, /'J .S. 1),=.R. AIA 1�f05g 56k6 6n; W. L'OUN-Y _.::e+!C.R. hl:! 1W514 S.R. 6n,/W. ::0Ur':Y :17:M:+K'.N. 512 1907F. S.P. Ane Jr.N. 2i.:!l/InnTH A.Vk I r07W S.k, 6r.;r'.R. 5:'//I"Tll AVE I J1 OE J,R. 6- _ nTli AVL% :-91, 1n1O:i S.N. 6n AVi,,,1-95 IL�T5F S.k. 6•^, :-9 .Q.r:: AVE I v1 5:< S.R. 6r , 4 AVE 1,32 GE A.R. (;rl,' •;;, AVE ACTH AVE 1r_01.9 J.R. 6t]/,A2,!L' AVE, •66TH AVE 19225E S.H. 601J66'N AVEJ/59TH AVE 19251C S.A. 69!/66TH AVE/ /SPTH AVE 131Or.. S.R. 0:1547H AVF'/19RD AVE I, ri O,( S.R. Gni/5'1.H AVE /ti'K) AVE 1935E S.k. 61!,; NiD AVL, ._^iTH AVF: IVASW 5.R. 6n/i43RD AVE.,ITH AVE 1940E S.k. 6n//.^7:'H AVE /J_'RTM AVF: 194OW ".A, F•r!!711lf AWII:lDTif AVE IY45E 5.1.. 6r: :'n:;l AVF:,/1,LD DIXIE llWY 1.1ASN S.k. 6,AVE:,/OLU O]XIF: IIWY 1950E S.k. 60//05.0 DIXIE fWY:, 1n7'ff AVE: 1IiSDW S.R. 6n; 101.D D:XTF. HF:Y/ 1: nTH AVE 1`1SSF S.R. (0//0^.4 AVE://l;.S. 1 1155% S.R. 6nil1nTl1 AVE://U.!;, [ 1960E S.k. 60l,U.S. Il!1lJDLA1] FIVER IiIM) 146019 S.R. ViN.S. li, MOM] RIVF.F HI.VD 1965E S.R. 6P, ';Nl)TAK AIVE'A vr.VQ' I IrWW 1965W S.R. 6n/!MWAN MVF;A H1.VD: �li.'411i 1976E S.N. 6n//Ir:WW,I.^..k. AiA 19'?GW S.H. 601;I4WW/IS.k. ALA 19HOF: SN 6"JiSR ALA//UCEA,I DR i9AnN SR En//SR AIAr/0-9.A:t -,R 2005F. 16TII ST,'/6671i AV!17,7H 200514 16TH =11/66T11 AV, i 74TH .lV 2010E COLLECL LANE - Poi..V.E:RLY 914ft, 5„7Il,HEUYEII 2010:d CULLESE :,AME - FJRY.ER_Y 9_4R%-'5hTH S116Bt1:::-- iL'a 9'?3.PR 1,334,'2 1,9 1,092.g6 1,3O3.Ri ,:44.44 t,63R,B(I ?Rg.91 :IB.Ia ,1S1.31 :5'1.31 1,14:.0C 964.00 DO1.f0 31 6.GO 310, f 0 231.00 372,nr, 450.0E 4')1.02 765,nP 56R,7G R82.119 P71.35 99, . 13 965.P1 1,0G4,55 737.04 16".35 553.2R 735.P4 47I.Or. )cti.CC 432.0C 14 P.nG n74.59 7R:.In 67P,72 95c.04 269.t!0 ;3R.nG 443,fC 231,CG »9R.00 rh1.00 i,141.60 .4nR..2 077.49 1,224.22 1,493.12 1,440,51 I,443.72 I,461.ri2 1,3CP,61 1,41 ,26 1, ngA.A4 923.91 963.DS ....^•G 1, l4 173.53 ::59. 96 612.'N 459,R1 i,20S,41 1,759.n7 947.46 9G!,66 j44,'If, 492.46 R4.37 263.6R 399.00 267.Oc I5,R4 34.76 0.00 0.DO 16.00 15.00 0.00 2.00 0.00 1.00 5.82 U.-10 O.nO 0.0a 0,00 U.UO 1.00 7.On 20.On 0.ry 45.SO 1 . Gil 0.00 0.r,n O.Gi1� 0. U t] 0. 00 a.nn' lIC_Q1 GP 4O..4H 13.66 ?4.59 �r vg 43' 51.00 113.00 0.011 o.no 0.17i 4.C1 44 .'/ R 110.U6: 71.2h E4.21 P;, F,1 52.14 14.53 36,'1N 42.Rv 56.35, 1G.P11 '; 's2.Ot1 0.a0 17.00 7'2.91 0.U0 O.Gn n,no MNI 0.;:0 0.00 5.na I,no O.GO U.UU U.LIo 0.(1-O 0.01) 0.0o U.LU G.00 231 45U.0U 412.00 -16�.on 5RR.70 PP2.09 ,15 [3 966.R1 I CID4,55 737.04 '1[,0.35 553.28 735.P4 5a7.91 765.00 481.46 'Ibi .66 1594,16 Pa7.53 604.72 1100.04 269,01; 1V1.0) 443.01 235.01 6A2. le P8").Ob 7,2111.94 1,477.31 1,161,3.) 1,27R,36 1.,50A.25 52.1.24 i,536. )!I 10519.9T I,325.49 3,442.16 1,1199.R4 1,214.45 940.91 W, - 96 1 , 4107. 34 T13 „i 3 f1A6.60 ',59.98 612.04 409.RI 1, k0:,.47 1,260.0-r 942.46 9Oi.68 546.10 442.4b 1R4."17 263.OR 399.00 287,@0 AVAI'.AP'F 915.30 P59." H52,25 453. F1I_ .4 57H,j� RG2.49 AG1,(,4 Pi9.07 9".0G 313.I6 563.3C F49.00 430.... 4GR,c, 2ai.3 307,91 :r022 AR 909.047 9g3.'9 95 .45 1,272.g6 1,I99.65 1,406,72 ,724,16 792.Ra 2I::.i`C 390.52 :IR.34 M%142 72.47 965.96 OC ,44G.93 99 311.22 „012.. 94 1,461.06 . ,7Y7 G7 71R. 65 461.64 ,431.75 412.71 , 4.^' 414.51 ',H4II.:1 i , 77`L.55 2,4 .t'9 2., 410.04 1,368.66 2, 622, 4'J P, i,49. 4C 7,A36.02 :,4P7.96 2,61f.!a P39,9P 1i37.5! '12R.32 033.3C i47, 54 524.Gs 445,32 310.cc 422.00 5:3.3 6'l.1 56.5 66.5 50.4 811.7 613.2 59.0 59.1 53.2 411,2 57.6 311.0 35.2 26.3 42.3 5-1.1 53.6 87.1 66.9 74.1 47.8 51,.9 49.3 51.3 37.6 38.8 28.2 37.5 66.8 54,7 BE.6 68.1 91.8 33.7 51.9 10.1 5.2 23.4 12A 32.8 45.3 45.5 54.9 39.5 43.5 51.3 51.9 52.3 51.7 45.1 49.1 37.4 41.3 27.7 29.0 29.7 22.8 24.9 16.5 29.1 13.6 57.4 60.0 60.9 55.3 36.6 29.6 26.0 37.2 56.3 40.5 217 of 272 N 00 INDIAN RIVER COUNTY TRAFFIC ENGINEERING ANNUAL TRAFFIC COUNTING PROGRAM 2021 TRAFFIC VOLUME REPORT HISTORICAL DATA IN THOUSANDS 2021 2018 2019 2020 % Difference COUNT 2021 ADJST LINK ON -STREET FROM -STREET TO -STREET AADT AADT AADT 2019.2020 DATE ADT NIE S1W AADT FACT. 1730 CR. 512 CR. 510 ROSELAND RD 19,731 20,652 0 0.00% 116/2021 19,889 9,995 9,994 18,298 0.92 1740 CR. 512 ROSELAND RD BARBER ST. 14,549 15,920 0 0.000% 1/6/2021 15.458 7.973 7,486 14.221 0.92 1741 CIL 512 BARBER ST. FLEMING 13,753 14460 0 0.001/e 1 /13/2021 14,097 7.199 6.999 1 Z405 0.88 1742 CR. 512 FLEMING EASY ST. 13,113 15.005 0 0.00% 1/132021 14.534 7.588 6,946 12,790 0.98 1743 CR. 512 EASY ST. DELAWARE 12,751 14.113 0 ODD% 1/132021 13,714 7,140 6,574 12,068 0.88 1750 CR. 512 DELAWARE US. 1. 12,733 13,681 0 0.001% I/I32021 13,036 6,683 6,353 11,472 0.88 _ 9075 CR. 510 CR.512 87thSTREET 13,612 12,826 12,835 4.33% 5152021 1%391 6,771 6,620 15,132 1.13 I810 CR.510 87th STREET 66th AV 13.356 12,397 12,383 -3.9G%/ 9/15/2021 11,892 5,775 6,117 12,011 1.01 1820 CR. 510 66th AV 58th AV 12.628 12,135 10,969 7.92% 9/152021 11,860 5,759 6,101 11,979 1.01 1830 CR. 510 58th AV US. 1. 13,741 13,887 12,747 -2.63% 11132021 12,412 6.398 6,014 10.92.3 0.88 1840 CR. 510 US. 1. SR. AIA 16,436 12,172 13.264 -7.11% 11132021 12,321 6,117 6,205 10,842 0.89 1905 SR. 60 W. COUNTY LINE CR. 512 7,437 3,866 0 0.001% 5152021 7,106 3.895 3.211 7,817 1.10 1907 M 60 CR. 512 98th AV 7,385 6,184 0 0.001/a 5152021 7,381 3,932 3.449 8.119 1.10 1910 SR. 60 98th AV 1-95 16,871 13.690 0 0.00% 5112/2021 14.330 7.277 7.074 15,211 1,06 1915 SR, 60 1-95 82 AV 31,729 28,704 0 0.00% 51122021 28,753 14,344 14,409 30,766 1.07 1920 SR. 60 82 AV 66th AV 29,601 27,074 0 0.001/a 5/12/2021 27,509 14,104 13,405 29,435 1.07 1925 SR. 60 66th AV 58th AV 33.424 33,357 0 0A0% 5262021 31,231 16,048 15,184 32,480 1.04 1930 M60 58th AV 43 AV 33,831 32,268 0 0.001% 5262021 29,956 15,737 14,220 31,154 1.04 1935 SR. 60 43 AV 27th AV 29.666 29,389 0 0.001/0 5/262021 26,231 13,497 12.734 27,290 1.04 1940 SR. 60 27th AV 20th AV 23,991 24,680 0 0.001/0 6212021 22.119 10.767 11,352 22,783 1.03 1945 SR. 60 20th AV OLD DIXIE HWY 22,231 16,627 0 0.00% 6=021 21,426 10.548 [0,979 22.069 1.03 1950 SR. 60 OLD DIXIE HWY 10th AV 19,542 18.040 0 0.00% 5/18/2021 16,545 9.265 7.280 17,538 1.06 1955 SR. 60 10th AV US. 1. 16,336 12,519 16,354 -10.59% 5/182021 14,622 8.635 5,987 IS A99 1.06 1960 SR. 60 US, I. INDIAN RIVER BLD 10,464 9,442 9,466 -2.08% 427/2021 9.270 5,A21 3,850 11,031 1.19 1965 SR. 60 INDIAN RIVER BLD ICWW 27,930 24,397 24,261 10.80% 4272021 26,882 13,169 13,713 31,990 1.19 1970 SR. 60 ICWW SR. AIA 20,595 18.175 16,918 IRA$% 4272021 20,045 10,004 10,041 23,854 L19 I975 SR. 60 SR. AIA OCEAN DR. 9,852 9,398 9,525 4.76//e 4272021 9,978 5,546 4,432 11.874 1.19 5010 16th STREET 74th Ave 82nd Ave 2,668 2,223 2,292 -0.4P0/a 1272021 2.281 925 1.356 1.984 0.87 2010 161h STREET 661h AV 74th AV 4.637 4,691 4,802 1.54% 127/2021 4.876 2.265 2,612 4,242 0.87 2020 161h STREET 58th AV 43 AV 4,S90 4,982 3,879 21.690% 1272021 4.720 2,247 2,473 4,106 0.87 2030 16th STREET 43 AV 27th AV 8,233 7,038 6,396 19.890A 1272021 7,669 3,652 4,018 6,672 0.87 2040 I6lhSCREET 27th AV 20th AV 8.630 7,429 8,264 6.54% 2/102021 8.804 4.652 4,152 7,571 0.86 2050 161h STREET 20th AV OLD DIXIE HWY 11.171 11.862 11,061 -1.74°% 1272021 10,968 5,t80 5,688 9,455 0.87 2060 16thII7th ST OLD DIXIE HWY US. 1. 9,411 10,086 9,574 8.03% 1217/2021 10,343 5,131 5,212 ] 0,033 0.97 2110 17th STREET us. 1. INDIAN RIVER BLD 10.428 10,492 9,894 514% ] 2R202 ] 10,472 4,444 6,028 10,158 0.97 2120 17th STREET INDIAN RIVER BLD SR. Al 21,002 21,909 21,726 1.400% 11J72021 22,031 11,331 10,681 21.370 0.97 2210 12th STREET 82 AV 74th AV 704 925 697 29,25% 8/112021 894 454 440 921 1.03 2215 12th STREET 66th AV 58th AV 1,960 1,492 1,534 0.35% 8/11/2021 1,539 775 764 1,585 1.03 2220 12th STREET 58th AV 43 AV 5.292 5,489 5.409 -19.54% 10/62021 4.352 2,213 2,140 4,309 0.99 2230 12th STREET 43 AV 27th AV 7.592 7,225 7.042 8.36°% 8/182021 7.631 3.687 3.944 7.860 1.03 2240 121h STREET 27th AV 20th AV 9,515 10.395 9,381 -2.38% 8/192021 9.157 4,403 4,755 9.432 1.03 2750 12th STREET 20th AV OLD DIXIE HWY 11,316 11,841 10.976 .1.54% 8/182021 10,R07 5,276 5,531 11.131 1.03 2260 12th STREET OLD DIXIE HWY US. 1 8,509 14,737 14,144 4.12% 9/182021 13,561 6,737 6,925 13,968 1.03 9025 12th STREET US. 1 1R. BLVD. 7,184 7,201 6.929 -12.91% 811M021 6,034 3,044 2.990 6,215 1.03 23n5 OLD DIXIE HWY S. COUNTY LINE OSLO RD. 5,151 5.318 5,852 R.09% 2/172021 5,379 2,591 2,788 4.787 0.89 2310 OLD DIXIE HWY OSLO RD. 4th STREET 7,167 7,6S7 7,832 4,74% 2/172021 7.461 3,510 3,951 6,640 0.89 AFDOT Emergency Travel Alert: For information on the current situation, please visit the following page - 8Urts,. FDOT Florida Department of TRANSPORTATION updates I &5111 gjite Map I Translate • .�ri • Home • About FDOT • Contact Us • Maps & Data • Offices • Performance • Projects Web Application Office of Work Program and Budget Cynthia Lorenzo - Director Five Year Work Program Selection Criteria District 04 I 2023-2027 AD Indian River County Item Number:405606-3 Transportation System District Length Type of Work Description Fiscal Year: 2023 2024 2025 NON -INTRASTATE OFF STATE HIWAY District 04 - 3.260 ADD LANES & Indian River RECONSTRUCT County CR-510185TH ST FROM W OF 82ND AVE TO 58TH AVE Highways /Preliminary Engineering (On -Going) $243.140 Highways /Right of Way $4,301,398 $2,157,208 $500,000 Highways /Railroad & Utilities (On -Going) $69,158 Highways /Environmental (On -Going) $27,558 Updated: 2/22/2023 1:01 Item 2026 2027 405606-3 $5,508,881 This site is maintained by the Office of Work Program and Budget, located at 605 Suwannee Street, MS 21, Tallahassee, Florida 323 View Contact Information for Office of Work Program and Budges Application Home: Work gLU Office Home: Office of Work Program and Budget • Contact Us • Employment • MyFiodda,com • Performance • Statement of Agency. 219 of 272 Colberg. THE COURTS DETACHED SINGLE-FAMILY HOUSING CONCEPTUAL DESIGN PRESENTATION 10.21.2022 N Colberg. 0 0 N N Unit Matrix Option 3 Umt A •' • 1,160 SF (excluding garage)i •� • 2 bed, 2 bath 0 Unit B • 1,540 SF (excluding garage) • 3 bed, 2 bath � ._.__., ��. // - �_ - - • • •- - to 60' ounit C • 1,275 SF (excluding garage) 1\ O • 2 bed, 2 bath J'5 1 ■ n &ur't'yardI I �s- • '.., gig a i 9 3. e rncgxQ a ■ e ■ l —�• tArMCnn r. � I 19 1 l sinEn•.u. "THE COURTS: DETACHED SINGLE-FAMILY HOUSING �N10.21.22 -CONCEPTUAL DESIGN PRESENTATION 0 ry N J N :.+VAIJGI y. Unit Matrix Option 2 xsa Unit S •• •• •• •• •• • 1,540 SF (excluding garage) • 3 bed, 2 bath e `a?, o Unit C • 1,275 5F (excluding garage) 2 bed,2 bath - ----�---- _' -• -- -- — - 7T V V--//y/- - i � f / • � w Courtyard F LATHE COURTS: DETACHED SINGLE-FAMILY HOUSING N710.21.22 - CONCEPTUAL DESIGN PRESENTATION 0 N J N Colberg. Unit A Floor Plan • 1,670 SF • Approximately 42' x 44' PRIVATE PATIO X 20'.0- "THE COURTS: DETACHED SINGLE-FAMILY HOUSING w10.21.22 - CONCEPTUAL DESIGN PRESENTATION IL - - ENTRY I 1 LIVING 12'-3' X 14' 1' KITCHEN l OIN1NG �— ll 9 '-0-% t2'A' i IAUNORYI BATH MUDROOM J GARAGE BEDROOM 10'-6 ' % 12'-X i HVAG STOR. - -------^--.-ter—.' MASTER BATH Key Plan Coiaerg. Unit B Floor Plan • 2,053 SF • Approximately 36' x 58' PRIVATE PATIO 101-0' X 16%0' BEDROOM �i 10'-10' X 11'-9' - I� i MASTER •11 BEDROOM 12'-T % 14'.6. %ITOHENl OlNlNG �r 11'-9' X 111•91 BATH LAUNDRY 4 LIVlHG ! 11'4' X 1 T-2' I BEDROOM 1 CLOSET i W.I.0 MASTER BATH } All HVAC! STGR. GARAGE 22'-0' X 22n- L.�:�li 0 al I r Key Plan "THE COURTS: DETACHED SINGLE-FAMILY HOUSING ^ _ Il_ —„— r�10.21.22 - CONCEPTUAL DESIGN PRESENTATION %.Fw sjwF .y 0 ry N J N Unit C Floor Plan • 1,790 SF • Approximately 38' x 48' f' MASTE BATH WAX I MASTER L BEDROOM 12'-2' X WAD-JL: t I ! BATH =u LAUNDRY ENTRY HVACI STOR. F-- A GARAGE 22'-W X 22'-X "THE COURTS: DETACHED SINGLE-FAMILY HOUSING NA20.21.22 -CONCEPTUAL DESIGN PRESENTATION 0 E'h N J N PRIVATE PATIO 10'-0' X 14•01 t -I BEDR001N KITCHEN 7',8• X 12'"10" DINING 4'-S' X 11'-4- LIVING 1 i'-fi" X WAG" D" Key Plan 0% _ 1 II_ _. __ __ %_,u1Lju1rg. Design Kit of Parts: House Flat Roof: Traditional Built-up {SBS� Door Options: Wood Composite Black Paint White Paint LATHE COURTS: DETACHED SINGLE-FAMILY HOUSING e-7,10.21.22 - CONCEPTUAL DESIGN PRESENTATION Pitched Roof: Standing Seam Facade Options: Wood Composite Fiber Cement Siding White Stucco Crushed Stone/Shells Standing Seam { 0-k _ 1I_ %,01Derg. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSIONILOCAL PLANNING AGENCY MINUTES AUGUST 3, 2023 1. Call to Order 11. Pledge of Allegiance III. Roll Call Present Ms. Matthews Mr. Carter Ms. Lorusso Mr. Battles Not Present Mr. Roberts -- Excused Mr. Haddix Ms. Kautenburg Ms_ Kinchen Ms. Geesey (a) IV. Announcements and Agenda Modifications C7, .�.. p�� 90 i� Ms. Kautenburg announced that the newest member, who is an alternate member, Mr. Christopher Roberts, is unable to attend this evening's meeting and has an official excused absence. Ms. Kautenburg also welcomed Sebastian's new City Attorney, Jennifer Cockcroft. V. Approval of Minutes: Regular meeting of 6-15-2023 All having indicated that they had reviewed the Minutes of June 15, 2023, Ms. Kautenburg called for a motion to approve. A motion approving the Minutes of June 15, 2023 as presented was made by Mr. Carter, seconded by Ms. Matthews, and approved unanimously via voice vote. VI. Planning and Zoning Commission (PZC) Public Hearing: A. Public Hearing - Recommendation to City Council -- Conceptual Planned Unit Development (PUD) Plan -- River Oaks Preserve -- 85 Sebastian, LLC, Applicant — Subject Parcel is 146.5 Acres, More or Less -- 352 Single Family Units, 2.4 Units Per Acre -- Located South of Lanfair and Lighthouse Avenues, North of CR 510 & Citrus Hideaway Subdivision -- PUD-R (Planned Unit Development —Residential Zoning Designation -- VLDR (Very Low Density Residential) Future Land use Designation 236 of 272 PLANNING AND ZONNG COMMISSION PAGE 2 MINUTES OF REGULAR MEETING AUGUST 3, 2023 Ms. Kautenburg called on the applicant to make her presentation. Ms. Emily O'Mahoney introduced herself and presented slides on the screen that showed the proposed development which is proposed to have 352 detached single family units at a density of 2.4 units per acre (SEE ATTACHED). The project is called River Oaks Preserve. She explained the slides which also showed the lots, the amenities, streets, green space, wetlands, etc. She called everyone's attention to the cluster housing and explained what that is. The homes are planned to be rentals, but they could be purchased in the future. They are looking to develop an environmentally sensitive project with the goal to be sustainable over time. Ms. Bosworth reviewed that the original River Oaks development was approved in 2004 when the property was annexed in. The Code requires that to get that PUDR zoning designation you also have to present a conceptual plan, which they did. The original plan was in 2004. The economy fell apart, and the project died out. This is a different plan from that original 2004 plan. As such, the City's Development Code states that we have to process it the same way as the original. So, in essence, this is a revision from that original 2004 plan. Included in the staff report are some of the items that also had to be considered for the rezoning. They are currently not rezoning the property. There is not any new zoning designation on the property. Some of the items in the staff report are showing that this plan still meets the rezoning intentions too in order to get that PUDR consideration. She explained what PUD does. This conceptual plan is brought before this Commission and City Council so that everybody is on board with this design and what they are proposing before they go into the next step of subdivision construction with the preliminary plat. That is what is before the Commission tonight. You will look at it, make a recommendation to City Council, and they will also review it and decide if they want to continue and move forward with the conceptual plan and the subdivision. As this process goes forward, the Commissioners may have some additional conditions that you would like added that you will recommend to the City Council, and they may also have some conditions that they will add if they choose to approve this subdivision. After that, comes the preliminary plat. That is where much more of a design is portrayed, and the design will have more of a complete drainage plan, more detailed surveys on the trees and what can be preserved. Traffio--we are going to have a much more detailed analysis to know exactly how much traffic is going to be added to the road. After that, the preliminary plat comes before you, you will make a recommendation to the City, and City Council will make the final decision on the preliminary plat. The next step is the construction drawings. That gets reviewed by staff and approved by the City Engineer, and the final step would be the final platting. 237 of 272 PLANNING AND ZONNG COMMISSION MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAGE 3 To put this in perspective, she compared it to another PUD. The last one that was done is Spirit of Sebastian. This project in 2018 got their PUDR designation and a conceptual plan was approved. Two months ago they did their final plan to begin, so that they can show the first houses to be built. So it was not something that within a year we are going to be houses being built on this property. There is still a lot of planning and detailing. It takes about four and a half years. Ms. Bosworth also reviewed the applicant's Justification Statement, which goes into a lot of detail about the project. There is also a traffic statement, along with the conceptual drainage plan, and the tree survey. At this point, Ms. Bosworth entered the staff report into the record. This report contains some staff recommendations as follows: a. In areas where a residential property line abuts a wetland buffer area or conservation tract/easement, a 3- to 4-foot high fence will be required, i.e. a conservation or split -rail type fence, to establish the specific boundary and prevent encroachment of accessory residential activities. b. Wetland buffer areas, notably in the NW comer, that encroach into proposed residential lots will be required to mitigate, one square foot for one square foot, to an applicable, alternative area within the PUD and must be shown on the Preliminary Plan. c. Alternative ground covers (vs. gravel) for the trails adjacent to the wetland buffer areas shall be constructed. d. Construction of the north 720 linear feet of the one-way Shakespeare Street extension shall occur in Phase 1, and with the final design approved by the City Engineer. e. If the final drainage plan, after working with SRID, modifies the conceptual design considerably, the Conceptual PUD Development Plan will need to be reconsidered by the Planning and Zoning Commission and City Council. Staff required on the east side some dedication for the Shakespeare extension. Also, the piece of property, when they annex it in and also when they build, will be required to donate some dedicated property to the City for the Shakespeare extension. 238 of 272 PLANNING AND ZONNG COMMISSION MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAGE 4 Ms. Bosworth put a drawing on the screen that shows the traffic flow. She also went on to describe the size of the houses, size of the lots, the easements, etc. Whereupon, staff recommends that this Commission forward a favorable recommendation to City Council with the above conditions. Ms. Kautenburg called for public input and explained how this works. Scott Carmine -- He lives on the one-way section of Shakespeare Street that cannot be divided into two lanes. His concern is, if you put Shakespeare Street through up to 510 the people in his neighborhood are concerned about the traffic flow. He would prefer not to have Shakespeare Street opened up all the way through. Leave that berm there. They can develop Shakespeare Street on the other side of Lighthouse. He stated that there is traffic going the opposite way on the one-way section of Shakespeare. He stated there will be more congestion on the area roads, and the roads cannot handle the added traffic. Tony Salazar — He also lives on Shakespeare Street. He has lived two years in this neighborhood. He described Shakespeare Street as a narrow street. When the service vehicles (grass cutters, septic pumping trucks, delivery trucks, etc.) park there is hardly any room to get around them. You either have to wait for them to move or drive slowly down the one-way road. There are no sidewalks, and sometimes the water after a heavy rain comes right up on the streets. Heather Fisher -- She echoes the safety concerns of the first two speakers. She also lives on Shakespeare where it goes from two ways to one way. Shakespeare is like the courtyards that will be in the cluster housing area. The neighbors get together and talk to each other. We all know each other on that road. Missy Servis -- She lives on Joy Haven Street, having lived there for about seven years. She opposes the project for several reasons, some of which the other speakers have already addressed. She opined that some of the things that were described as benefits may be an injury to this community because of the density of the proposed project. She asked if it is now not low density. Ms. Bosworth said it will remain low density. The maximum is three units per acre. They are only coming in at 2.4, so they are not coming in at the maximum that they could have. She also shares concerns regarding Shakespeare. Another issue she has regard the emergency access road. She asked if that is an emergency access road, does that mean that only emergency vehicles can use 239 of 272 PLANNING AND ZONNG COMMISSION MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAGE 5 it, or can all residents and their friends, etc. use it. Ms. Bosworth said no. if there is a need for firetrucks or emergency vehicles to get in there, that is the purpose of that road. However, she added if the residents needed to use it to get out because of a fire, they could get out. It is not for everyday use. It is only if the other two entrances were blocked. John Glaser -- He lives at 1771 Shakespeare, and he echoes what the other people have said. There were 20-miles-per-hour signs, and hurricanes took down the signs. Now people are doing 30-40 miles an hour down that road. He personally has stopped approximately 50 cars coming down that road the wrong way. He suggested tire shredders being put on that road. He added that, if anyone said they have done a study on that street, that is not true. Francine Frank -- She lives on Joy Haven. She is concerned about the wildlife. She lives at the edge of the proposed property. She has had several species of wildlife on her property. Where are the animals going to go? It is something to think about. Jim Kwiackowski -- He has the same concerns as those voiced. He lives on Lanfair. He suggested that once people learn where the new streets are, they will be cutting down those streets to get to 510, and it is going to be a disaster. His other concern is construction traffic. Regarding the suggested trails, he did not see anything regarding parking for people who use those trails. Rita Richardson -- She has lived in Sebastian for 22 years. Her questions have to do with the cluster homes. She sees 26 clusters with an average of 7 to 9 units per cluster. Estimating one car per unit, that is over 200 cars just in that part of this development. Are the rentals going to be seasonal rentals, short-term rentals, etc.? Ms. Bosworth stated that after Public Input the applicant can come up and speak about that. She also asked where the public would park who want to use the trails. Ms. Bosworth stated that could be something that could be considered, but right now it's walking or bicycle access. She asked if that goes for the dog park as well. Ms. Bosworth said that would be for residents only. Norm Tessier -- He has lived on Seashore for 20+ years. He picked that area because of what it was then. If this project happens, it is not going to be what it was anymore. He knows that is part of life. The housing is going to happen. Why does it have to come into this quiet little section? People are going to cut all up and down these streets, where kids are out there playing. He does not know why they cannot make another entrance off of 510. 240 of 272 PLANNING AND ZONNG COMMISSION MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAGE 6 Gudny Holm-Johannessen -- Her question is regarding construction traffic. She believes construction traffic will be coming off of 510 during the first phase. What about after that? She asked if construction traffic also will be coming down Shakespeare. Ms. Bosworth said construction traffic would not be coming from that area. They are required to give us plans on where construction traffic would come from. It would depend on which is the first entrance that gets built. Definitely we would not allow it to come through the Sebastian Highlands area. They have enough access off of 510 to get their construction traffic in. Kim Nielsen -- She stated she lives up against Lanfair, and she has lots of concerns, and she opposes this project. She has been here for 23 years and thinks Sebastian is a great place. All she sees happening is that we are just going to end up like West Palm Beach. She also does not think Sebastian can handle the infrastructure. The roads and businesses are not ready for all these additional residents. Regarding the trails, she asked if these would back up to the north end. If so, that can be a safety concern. She asked what kind of barriers are going to be installed. She also agrees with the concern about wildlife. She feels that, as soon as that construction phase 2 starts, it is going to push the wildlife into her yard. She thinks it's wrong how all the trees are going to be plowed down and the wildlife is going to be displaced. She also asked how the additional traffic is going to be handled. Ms. Bosworth emphasized that this is the conceptual PUD. There are a lot more details that have to be designed and studied — drainage and the buffer areas. With the preliminary plan, there will be more of the final landscape plans and buffer plans. There will be a traffic analysis. If the intent is to look into the Shakespeare extension, City Council will decide. It may warrant a study of the road. She will tomorrow speak to the City's Traffic Engineering Department to let them know that there are some one-way signs and some traffic speed signs that need to be put back up on that road. Ms. Kautenburg called for any final comments from the applicant. Ms. O'Mahoney spoke regarding the questions about the cluster housing rentals. She said the intent at this time would be to do annual leases. The market studies have shown that this type of unit living is in demand. She added that all the entrances are coming off of 510, which means the construction would also come in from there. Ms. Kautenburg called for deliberation among the Commission members. 241 of 272 PLANNING AND ZONNG COMMISSION MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAGE 7 Mr. Carter -- He asked if the applicant has given any thought to price points for the leasing of the cluster homes and also for the individual home sites. Also, he asked if there has been any thought to providing affordable housing in this project. Ms. O'Mahoney stated not at this time. It will be market driven at the time. She stated the applicant is not considering affordable housing. He then asked, if the applicant has not taken those things into account, how do you know the project is worthwhile doing. She stated they have done market studies on the area. She stated it is premature to be talking about that. Construction will not begin for three years or more assuming this is passed. Ms. Geesey -- She stated the commissioners have a lot of homework to do. She asked if this community will be governed by an HOA. Ms. O'Mahoney said yes. She said that she is also an animal lover. She understands there will be a study done on the gopher tortoises, and it has to be done when the land is being cleared. She asked when the streets are put in, the emergency vehicles have to okay what the turn radius is, etc. Ms. Bosworth said yes. Ms. Kinchen -- She stated that this project is not designed for you to drive to the project and park your car and walk the trails. It is designed for the neighborhood residents to walk onto the trails. Ms. Bosworth emphasized that there are public trails that are not just for the residents. Ms. Kinchen said it is not designed to put a parking area in for the public to walk the trails. Ms. Bosworth said that could be a consideration. Ms. Kinchen stated it is not on this plan. Ms. Bosworth said it could be on Shakespeare Street. There could be a parking area near the entrance that would allow bike racks, etc. Ms. Kinchen does agree with the concerns of a one-way street, because those streets are terrible. It can still be discussed with staff different ingresses and egresses for this project with regard to the one-way section, taking into consideration all of the public comments. We have to make a recommendation to City Council. City Council ultimately makes the final decision, so the public needs to go to that hearing and speak up at that one as well. Development is going to happen despite how people feel about it. It is going to take three or four years before you will even see the first house go up out there. By that time, 510 is going to be widened, and it is not going to affect additional traffic at that point because it will be widened into four lanes. She thinks it is a great development. We do not have a lot of developments with cluster housing. It is something new in Sebastian. She is in favor of it, but she wants to make sure that staff does take a look at the safety issues on the one- way street. Ms. Lorusso -- She agrees with a lot of what Ms. Kinchen has said. She emphasized that the key word now is "conceptual." She asked Ms. Bosworth how much import the Commission will have at the next stage. Ms. Bosworth said that the Land Development 242 of 272 PLANNING AND ZONNG COMMISSION MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAGE 8 Code requires that the preliminary plat pretty much meets what you are seeing here in terms of design, density, etc. Things like that cannot change from the conceptual — if there is an addition of some trail parking, if the drainage design is tweaked a bit etc. That is why staff added as a condition of approval that if it changes substantially, staff will brine it back before the commissioners. She explained that, regarding what City Council says regarding Shakespeare Street, staff may have to look at the proposed conceptual plan. Ms. Lorusso wants to make sure that there is room to address the issues that the public is concerned about. Ms. Bosworth stated that is correct. Ms. Matthews -- She asked the applicant what the thought process was that went in regarding extending Shakespeare from Periwinkle down into the subdivision. Ms. O'Mahoney said that is probably a better question for staff. Ms. Bosworth said there are policies regarding interconnectivity. A future hearing will address Cross Creek Lake Extension. They are adding some lots in there. Staff feels that the interconnectivity and having those other streets down there is going to diminish some of the traffic on Power Line or on Barber Street and Schumann. Because of the one-way Shakespeare area that is going to remain one-way, staff understands that that is the concern that that may become a thoroughfare. The traffic that would use that two-way is going to be that area of Sebastian Highlands. Ms. Matthews said she likes the concept of this development. Her concern is the gate entry on Shakespeare -- if that is something that would be necessary because of the volume, or could it be strictly on 510, and that could be an emergency -type entry. Ms. Bosworth said if the concern is the extension of Shakespeare, she still thinks it is good planning to not have all the entrances on the same street. So, she thinks it will require the entrance off of Shakespeare. Ms. Matthews understands that people will get a little concerned, but she is not in agreement with taking that small Shakespeare/Lighthouse, that whole area, and making it a part of this. When you bring Shakespeare through, you are now connecting these two. She sees a lot of problems when the traffic comes in off of Periwinkle, because people are going to find the shortest route, the fastest way. Her concern is that connection. She thinks that we can have this community with access from 510. Ms. O'Mahoney clarified that any gating as part of the project is only going into the traditional single-family homes. The two entrances that we have are open, non - gated. Ms. O'Mahoney said that the applicant will do the will of the City. Ms. Matthews asked where the emergency exit would be. Ms. O'Mahoney said that is way up in the northwest corner. It is off of Lanfair. That would probably be gated with a lock box so that only emergency vehicles would have access. Ms. Matthews said she knows that growth is inevitable, but we need to pay attention to everyone involved in this. 243 of 272 PLANNING AND ZONNG COMMISSION MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAG E 9 Mr. Haddix — He asked if the developer will be responsible for the three- to four -foot fence. Ms. Bosworth said yes. He will agree with Ms. Matthews about it being questionable regarding extending Shakespeare, only with the thought that, is the City ready and prepared for the infrastructure that would be necessary to make the rest of the roads accommodate the potential traffic. He understands that is not part of this, but he thinks it has got to be considered. Ms. Bosworth stated these are Improvements that the developer would do. He is concerned with Shakespeare potentially becoming a thoroughfare traveling south, and is the City prepared to widen Shakespeare from the 8 feet to make it 20 feet. He asked if there are going to be sidewalks. He opined that there will have to be additional infrastructure done. at some point if all of that was to transpose. Ms. Bosworth said that the intent was that northern 720 feet that goes along their property, that there would be a design that would be reviewed by the City Engineer. It may have a sidewalk. When we get the other 25 feet from the property next to it, then there would be that final design. That developer will have to do that. She added that, in the long term when the last piece of the puzzle is that one vacant property which was annexed in last year, that Is going to be a complete street. Mr. Haddix said what he was referencing is that additional infrastructure. He understands that the lot to the east would have to be that developer's responsibility for that 25 feet. But versus a thoroughfare, can this Commission make a recommendation versus a thoroughfare, maybe that it becomes a parking area and that the developer looks at their block 17 in that last lot and says that is a parking lot versus a home site. Ms. Bosworth stated she is kind of nervous with the word thoroughfare because It is not going to be a thoroughfare; it is going to be a local street, it's 50 feet. Mr. Haddix said it will become a thoroughfare to move south. People will use it as that. Ms. Bosworth said the intent is not to be a thoroughfare, so there could be some street design that is going to prevent that. That is what the study will be for when we get to that. Mr. Haddix asked that all of the oaks and the sabals that are on this property, we should make that as a condition that they are saved. Ms. Bosworth said there is a plan that definitely shows the trees that are going to be saved in that northern area. With the preliminary plat there will have to be a very detailed tree survey. Not all trees can be relocated, but they will save as many trees as they can. Ms. Battles -- Asked the applicant how is the cluster housing going to be serviced when it comes to trash. Ms. O'Mahoney said that would involve the conversation with Waste Management. It is very doable to go through the cul-de-sac and pick up garbage, but it has not been decided yet. It is also doable for emergency vehicles. Ms. Battles asked if the applicant is planning to have the minimum lot size be 54 x 60. Ms. O'Mahoney said on the cluster houses she thinks that is the smallest one. Ms. Battles asked if all the roads are going to be private. Ms. O'Mahoney said she thinks that was a condition. Ms. 244 of 272 PLANNING AND ZONNG COMMISSION MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAGE 10 Bosworth said, if there are roads that are not gated through the clusters, they will be maintained by the HOA. Ms. Battles asked if all the roads on the property would be private, maintained by the HOA. Ms. Bosworth said yes. Ms. Battles asked who will be maintaining the public trails. Ms. O'Mahoney answered that is part of the public benefits. Ms. Battles asked if that is noted somewhere. Ms. Bosworth said that would be clarified in the HOA documents plus the final plat. The trails and the wetland buffers would be a tract dedicated to the HOA for maintenance but allowed for public use. Ms. Battles asked if public parking for the amenities is something that the applicant has considered. Ms. O'Mahoney said the applicant has not particularly thought about it. We thought about it as more of a whole connectivity system. Ms. Battles stated she likes the idea of public .parking, so she would probably want to consider that as one of the conditions. She stated that it appears that all of the traffic generated, and in the report it shows 52% from westbound on 510 and 48% coming from the east direction. She asked if this was done before the request from the City to provide that link, is that why there was no traffic generated from that direction. Ms. O'Mahoney said they never counted on that traffic. Ms. Battles asked what percent of the traffic generated from your property would be coming from the north. Also, she asked how many background trips would there be from the Highlands that would be making that pass through. Mr. Jim Vitter, the applicant's civil engineer, answered those questions. Ms. Battles suggested that this plan was probably done before the request was made to link it, and that is why there was no traffic generated from the north. She would think there would be some trips. Ms. Bosworth said that part of the traffic analysis says it is required for them to address the traffic that is going to come from their project. Because there is no street extension yet, it is going to be hard to include that in part of that traffic study to see what is going to come from the Highlands. Ms. Battles suggested that there be an accurate traffic study that reflects how many trips would actually be coming from the north, as there would be some. Ms. O'Mahoney said she does have an answer to Mr. Carter's original question. Mr. Ben Brown said that it is important to note that the homes are designed to be very efficiently sized, so they are much smaller than the new development homes ranging from 1,200 square feet to 2,000 square feet including the garage. So as a price point on a monthly basis it is going to be lower than the typical large home. But on a price per square foot it will be higher. It's very hard to project in 4 years what the prices would be, but in Sebastian today homes are renting anywhere between $1.500.00 to $3,500.00 a month. He does not know where this project would fall in that range. Ms. Kautenburg -- She stated she has had experience with cluster housing before in other communities, and they are an excellent product for people in a lot of different stages of their lives. She displayed a photograph taken years ago touting Sebastian as a friendly 245 of 272 PLANNING AND WINING COMMISSION 3MINUTES OF REGULAR MEETING AUGUST 3, 2023 PAGE 11 town of 1,600 friendly people and 6 old grouches. The reason she thought this was appropriate is because nobody likes change, and she is pretty sure that those 1,600 people did not want her here and probably did not want any of us here. She noted that change is always uncomfortable for some of us, but it is inevitable. She would very much like to see Included in our recommendation a condition that would provide guest parking. There needs to be some kind of guest parking. Ms. O'Mahoney said there will be parking near the amenity center. All the roads are set up for the valley curb condition on the road edge. There is plenty of room to pull off in the grass in the cluster home area. She added there is the equivalent of about one parking space per unit additional parking in the court. Ms. Kautenburg stated that overall this planned -unit development meets all of the criteria that is required and fits within what our Comp Plan says we want for our city — a diversity of housing with connectivity to other neighborhoods. She asked Ms. Bosworth if Shakespeare was planned to be a two-way street. Is that what it shows on the plan? Ms. Bosworth said that when Cross Creek Lake Estates developer came in, they were going to give the 25 feet that was required to make a two-way street. There were residents who came to the City Council meeting, and it was decided at that point to keep Shakespeare one-way. Ms. Kautenburg said it seems that a number of people are very concerned with garbage trucks, moving trucks, Amazon trucks, etc. parking their vehicles every which way and people going the wrong way on a one-way street. She opined that a larger street would be a safer street. Ms. Bosworth said that it wouldn't be part of this project, but there is a 25-foot right-of-way. There being no further discussion or questions, Ms. Kautenburg called for a motion. A motion recommending approval to City Council at the meeting scheduled for September 13t', with the staff recommendations along with three additional: (1) Adding public parking for the public amenities; (2) Adding that the owner is required to maintain the public amenities in perpetuity; (3) Adding some sort of traffic calming devices along Shakespeare in the section where construction would take place in the section between the gate and Lanfair to limit the amount of traffic that would be using it as a cut - through was made by Ms. Battles. As a consideration, Mr. Haddix suggested adding wording regarding preservation of the trees, the current oaks and the sabals. The motion was seconded by Mr. Carter. Roll Call Ms. Kinchen -- Yes Mr. Haddix -- No Ms. Battles -- Yes Ms. Larusso — Yes Ms. Kautenburg — Yes Mr. Carter -- Yes Ms. Matthews — No Vote was 5 yeas and two nays. Motion carries. 246 of 272 Oft .* SEBAS T�V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: September 13, 2023 Agenda Item Title: City Manager Employment Agreement Recommendation: Request the City Council consider approval of an Employment Agreement with the City Manager and authorize Mayor to execute same. Background: At the direction of the City Council, the Mayor and the City Attorney negotiated an employment agreement with Interim City Manager Brian Benton. The Agreement was presented for approval at the August 23rd regular City Council meeting. During that meeting, many changes were proposed to the intended contract which required subsequent negotiations. Through those subsequent negotiations with Mr. Benton and the Mayor, the attached Agreement has been reached. Council approval to proceed with the attached Agreement is requested along with authorization for the Mayor to execute. Mr. Benton's contract will be effective upon signing by both parties. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NIA Total Cost: $159,824.00 plus benefits annually Funds to Be Utilized for Appropriation: General Fund Attachments: Employment Agreement Administrative Services Department Review: City Attorney Review: 0 Procurement Division eview, if applicable: City Manager Authorization: Date: qh /; od 3 Y (/ 247 of 272 • HOME OF PELICAN ISLAND AGREEMENT FOR CITY MANAGER THIS AGREEMENT made and entered into this 23rd day of August, 2023, by and between the City of Sebastian, a Florida Municipal Corporation (hereinafter referred to as "City") and Brian Benton (hereinafter referred to as "City Manager") pursuant to the following terms and conditions. WHEREAS, the City desires to retain City Manager as a full-time contractual City Manager for the City of Sebastian; and WHEREAS, the City expects City Manager to perform all the responsibilities and obligations required as City Manager, pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and WHEREAS, City Manager is willing to enter into a relationship with the City of Sebastian to perform the services as provided. NOW THEREFORE in consideration of the mutual covenants contained herein, the City and City Manager, hereby agree as follows: L TERM OF AGREEMENT This Agreement shall become effective upon execution by both parties. This agreement shall continue in effect until terminated pursuant to the terms of this agreement. This agreement is subject to renegotiation every three (3) years, if the City Manager requests that it be renegotiated one (1) month before the three (3) years expires. However, if the City Manager chooses not to renegotiate, the City Council, at their discretion, can renegotiate this agreement one (1) month before the three (3) years expires. Otherwise, this agreement will continue in force for three (3) additional years. II. COMPENSATION ANDBENEFITS 1. The City will compensate City Manager at a rate of $159,824.00 per year paid in twenty-six (26) equal payments. Upon completion of an evaluation, the City Council may increase the City Manager's salary. 2. The City hereby agrees to provide and fully pay for City Manager and his dependents, 248 of 272 health insurance, vision care insurance, and dental insurance offered and available to any other full time exempt employees of the City, such benefits being subject to change if said benefits are changed for other City employees. 3. The City shall provide and fully pay for a term life insurance policy for the City Manager in an amount equal to one year's salary, payable to a beneficiary of the City Manager's choosing. 4. The City agrees to contribute to its 401(a) retirement plan, an amount equal to nine (9%) of the City Manager's base salary, or a greater amount should the City ever increase the retirement benefit for managerial employees of the City, and that such contribution shall be made pursuant to the terms and conditions of the 401(a) retirement plan currently in effect, including any vesting schedule and any matching contribution requirements. 5. The City Manager shall accrue vacation benefits at the same rate as provided to managerial employees of the City. Upon voluntary separation from employment with the City, the City Manager shall be entitled to compensation as non -pensionable salary for vacation time accrued in accordance with City Council approved policy applying to managerial employees of the City at the time of such separation. City Manager shall take at least five (5) consecutive days of vacation time off each calendar year. 6. The City Manager shall accrue sick leave and discretionary time at the same rate provided to managerial employees of the City. Upon voluntary separation from employment with the City, City Manager shall be entitled to compensation as non - pensionable salary for sick time accrued in accordance with City Council approved policy applying to managerial employees at the time of such separation. 7. City Manager shall be provided disability benefits to the same degree as provided other managerial employees of the City. 8. The City shall provide payment of dues, subscriptions and educational seminars, which enhance the City Manager's professional development and service as the City Manager, to the extent provided for in the City's budget. 9. The City shall reimburse the City Manager for any expenses directly related to the performance of his duties as City Manager to the extent provided for in the City's budget. 2 249 of 272 10. The City Manager shall be given a three hundred and fifty dollar ($350.00) car allowance each month. The City Manager shall be entitled to the use of a designated City vehicle for official and necessary City business use when travelling more than seventy-five (75) miles from City Hall and during a declared state of emergency by the City of Sebastian. This shall not be used for transportation to and from the residence or be taken out of State. If a City vehicle is unavailable for use when traveling more than seventy-five (75) miles from City Hall for official and necessary City business, then the City Manager shall be entitled to mileage reimbursement, in accordance with City Policy. 11. City Manager shall be entitled to Military Leave of Absence and benefits afforded other full time employees in accordance with City Policy and Chapter 115, Florida Statute, and applicable law. 12. City Manager shall be entitled to all benefits contained in the City Council approved policy, as may be amended. To the extent that the City Council approved policy conflicts with this agreement, this agreement shall prevail. III. REVIEW AND EVALUATION A performance evaluation will be performed in accordance with any resolution adopted by the City Council. The criteria for evaluation shall be developed in conjunction with the City Manager. Professional evaluations of performance shall be conducted with decorum and in line with the criteria for evaluation. Post -employment, the City Council and City Manager agree not to engage in public disparagement nor impugn the personal or professional reputation of the City Manager to the public or the media. IV. FULL-TIME EMPLOYMENT The City Manager agrees to remain in the exclusive employment of the City and to not become employed by any other employer unless termination is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, or consulting performed on City Manager's time off, provided that the City Council is advised in writing of all such occasions, in advance. The City Manager is not subject to any residency requirements during his term of employment. V. TERMINATION AND NOTICE OF SEPARATION City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any lawful reason or for no reason in accordance with the City Charter. Should City Manager be terminated without cause, he shall be entitled twenty weeks (20) weeks base salary excluding all insurance policies and other benefits. There will be no 250 of 272 accrual of vacation time, sick leave or holiday pay during this time. The City Manager will be paid for any accrued sick or vacation time should Manager resign following a suggestion or request by at least two City Council members during the same public meeting that he resigns, that shall be deemed termination without cause upon notice by the City Manager to the City Council within 14 days of such meeting. The City Manager may also be terminated for cause or misconduct as defined in Section 443.036 (29), Florida Statutes, pursuant to the provisions of Section 3.03 of the City Charter, and other applicable Florida law, in which case City Manager shall not be paid any severance payment, but shall be entitled to compensation for hours worked through her separation, as well as sick or vacation accruals. Any directive of the City to the City Manager which, if carried out by City Manager, would constitute a violation of any Florida or Federal criminal statutes, the City or State ethics codes, the Florida Government -in -the -Sunshine Law, Public Records Law, or the City Charter, will not constitute a basis for termination or suspension for "cause". City Manager may resign upon giving sixty (60) days' notice of separation. City Manager shall not be paid any severance payment unless otherwise negotiated but shall be entitled to compensation for hours worked through his separation, as well as sick or vacation accruals. VI. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify City Manager against any tort, professional liability claim/demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by the City Manager acting within the course and scope of his duties as City Manager. VH. EMPLOYEE HANDBOOK Should an employee handbook or other policy be adopted by the City, the City Manager shall comply with the handbook or policy as applicable. VIH. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. IX. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. X. ENTIRE AGREEMENT 4 251 of 272 The Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. XI. NOTICES All notices, consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated addresses: As to the City Manager: Brian Benton PUBLIC RECORDS EXEMPT REDACT FROM PUBLIC RECORDS REQUESTS As to the City: City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 With a copy to: City of Sebastian Attn: City Attorney 1225 Main Street Sebastian, Florida 32958. XII. ENFORCEMENT In the event that it should become necessary for either party to retain the services of an Attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to reasonable Attorneys' fees. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting it asserts specific contentions concerning the Agreement, which are filed upon the Court. 252 of 272 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW] 253 of 272 IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Brian Benton, City Manager has executed this Agreement, as of the day and year first above written. ATTEST: City Clerk: 7 CITY OF SEBASTIAN, A Florida municipal corporation Fred Jones, Mayor Date: Brian Benton, City Manager Date: 254 of 272 A.P CFT 5OW HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: September 13, 2023 Agenda Item Title: Adoption of Resolution No. R-23-20 Amending Resolution R-19-20 Building Permit Fee Schedule and providing for Reduced Permit Fees for Projects using a Private Provider. Recommendation: Approve Resolution R-23-20 Background: Pursuant to Florida Statute §553.791(2)(b): if an owner or contractor retains a private provider for purposes of plans review or building inspection services, the local jurisdiction must reduce the permit fee by the amount of cost savings realized by the local government agency. Such reduction may be calculated on a flat fee or percentage basis or any other reasonable means. The local jurisdiction may charge a reasonable administrative fee. The proposed Resolution provides for a 33% reduction in the building permit fee for either plans review or building inspection services. This Resolution also includes the Building Department's recommendation to change to a few of the other permit fees. The fees have not been addressed since September 2019 and a review for adjustment is requested at this time. If Agenda Item Requires Exaenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Resolution No. R-23-20 2. Florida Statute §553.791(2)(b) "' �Administrative Services Department Review:' J , i City Attorney Review: J " Procurement Division Review, if applicable: City Manager Authorization: Date: 9/7 J20 23 255 of 272 RESOLUTION NO. R-23 -20 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION 19-20 BUILDING PERMIT FEE SCHEDULE, AS REQUIRED PURSUANT TO CITY OF SEBASTIAN CODE OF ORDINANCES SECTION 26-81; PROVIDING FOR REDUCED PERMIT FEES PURSUANT TO FLORIDA STATUTE SECTION 553.791(2)(b) PROVIDING FOR CONFLICTS, SEVERABILITY, SCRIVENERS ERRORS AND AN EFFECTIVE DATE. WHEREAS, the City of Sebastian provides service to residents, nonresidents and to owners of real property lying within the municipal limits of the City of Sebastian as well as to businesses and owners of structures within the City including but not limited to building code inspection services as defined in §553.791, Florida Statutes; and WHEREAS, Florida Statute § 166.222 provides that the governing body of a municipality may provide a schedule of reasonable inspection fees in order to defer the costs of inspection and enforcement of its building codes; and WHEREAS, the City of Sebastian is also authorized by the City of Sebastian Code of Ordinances to assess fees to recover its expenses in providing such services (see: Chapter 26, Article II, Section 26-81(d) Required; application; which provides for the adoption of building permit fees by Resolution); and WHEREAS, Florida Statute §553.791(2)(b) requires the local jurisdiction to reduce permit fees for plans review or building inspection services performed by private providers by the amount of cost savings realized by the local government for not having to perform such services; and WHEREAS, the City Council of the City of Sebastian previously adopted a fee schedule which provides for the costs of reasonable inspection fees which it now wishes to amend hereby. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: 256 of 272 Section I. RECITALS/LEGISLATIVE FINDINGS/INTENT. (a) The City Council of the City of Sebastian hereby adopts and incorporates the recitals above in the Whereas Clauses to this Resolution and City Council Agenda Memorandum relating this Resolution. (b) The above recitals set forth in the Whereas CIauses of this Resolution are adopted by the City Council as legislative findings and the intent of the City Council. (c) The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising the Resolution. Section 2. CITY OF SEBASTIAN BUILDING CODE PERMIT APPLICATION FEES SCHEDULE: The City Council of the City of Sebastian, hereby establishes the following fees for Building Code and Fire Prevention Code permit applications pursuant to City Code Sections 26-81 and 42-28: General Building Permit: (Total Valuation �3,000.00 and less �$3,000.01 to $50,000.00 �$50,000.01 to $100,000.00 �$100,000.01 to $500,000.00 500,000.01 and up Building Code Specialty Permits: Fee Minimum of two inspections. $90 plus $45.00 fee for each additional inspection shall be charged. $90.00 for the first $3,000.00 in valuation plus $11.50 for each additional thousand or fraction thereof including $50,000. $630.00 for the first $50,000 in valuation plus $8.50 for each additional thousand or fraction thereof including $100,000. $1,055.00 for the first $100,000.00 plus $5.50 for each additional thousand or fraction thereof including $500,000.00 $3,255.00 for the first $500,000.00 plus $2.50 for each additional thousand or fraction thereof. Description Rate Conditions Minimum Fee (Plumbing 4.5% of Permit Fee 575.00 Mechanical 4.5% of Permit Fee 575.00 Electrical 4.5%of Permit Fee 575.00 Water Service Connection Fee $25.00 Flat Fee Sewer S45 Flat Fee Rcsidoitial plumbing re -piping $75 Flat Fcc Water heater replacement $75 Flat Fee as Appliance S75 plus S2.00 pew- °=eF Appriivalien Appliance Flat Fee on -Electrical Signs r $45 per unit plus $30 Per Application $45 each additional unit 257 of 272 (Electrical Signs $90 per unit plus $60 Per Application $90 each additional unit ISign Re -facing $45 per sign Flat Fee (Residential Roof -- All types $1?3 5165 Flat Fee ommercial Roofs --All types $i39 $190 Flat Fee Up to 5000 10,000 s.f. ools and Spas $255 Flat Fee Above Ground Pools $75 Flat Fee Aluminum Structures $125 Flat Fee `Fences (Storm $75 Flat Fee Shutters $75 Flat Fee Window and Door Replacement $75 Flat Fee I oncrete/slab $105 Flat Fee (Siding and Re -Stucco $105 Flat Fee (Solar System S75 $105 Flat Fee (Irrigation System $75 Flat Fee IShed or Accessory Structure $75 Flat Fee f IElectrical Service Change $75 Flat Fee WC Change -Out $75 Flat Fee ITemporary Electric Service Pole S75 Flat Fee Demolition of Building or Structure $ I fJ3 S75 Flat Fee (Moving a Building or Structure $105 Flat Fee Parking Lot Re -Striping $100 Flat Fee Driveway $ l00 Flat Fee Misc. w/ a Value Under $3000 and $75 Flat Fee Only One Inspection Required Fire Safety Specialty Fee: Site Plan Review $75.00 Flat Fee Change of Occupancy — No $75.00 Flat Fee Construction Fire Hydrant Flow Test $75 Flat Fee f I Dry Hydrant Test $150 Flat Fee f Special Event (Small) ** No Fee Fiat Fee One day — No Maximum tent size 12x 12 Electrical / No Cooking /< 25 Sites Special Event (Recurring)'* $60 Flat Fee Non-consecutive but Maximum tent size 12xl2 recurring one -day May Include Electrical and Cooking Special Events with < *Good for 120 days / Up to 6 per year. 25 Sites Special Event (Large) ** $60 Flat Fee All other Special f Events Public Fireworks Display ** $100 Flat Fee Additional fees may (Pyrotechnics) apply for Exclusive Fire Unit thru IRC Fire Rescue *Recurring Special Event permit may be extended past 120 days with 30 day prior written notice affirming no site changes and providing upcoming date changes. ** Additional fees may apply for an Exclusive or Non -Exclusive Fire Unit thru IRC Fire Rescue 258 of 272 Other Administrative Fees: Descrintion Building Code Plan Review Fee (Fire Prevention Code Plan Review Fee Plan Correction lInspection of Existing ccupancies - Florida Fire Prevention Code Property Record Search Fee Rate Conditions Minimum Fee 10 % of Permit Fee $75 10 % of Permit Fee $75 $45 After 3rd Review of Same $45 Comment $50 Initial Inspection N/C $50 Second Inspection N/C Each Subsequent Inspection $30 per hour or Property or permit records searc:1, $10 fraction thereof Includes each unit or sub unit to a particular tax ID number Building and/or Fire First Three Same Code Violation Re -inspection Fees Inspections Each Additional Same Code Violation Re -inspection (Fire Watch as Deemed Necessary S75/hr, per person Danger Mitigation, Non- compliance w/ Fire Code (After Hours Inspection Request $45 per hour w/ a After Hours, Weekends and 4-Hour Minimum Holidays IExpired Permit Fee $75 Each Occurrence {Change of Contractor $25 Per Permit (Plan Revision Fee $45 Each Occurrence (Work W/O a Permit $200 or Double the Greater of $200 or Double Permit Owner) Permit Fee Fee Work W/O a Permit $300 or Double the Greater of $300 or Double Permit Contractor) Permit Fee Fee Work on Fire Safety $250 Repeat Violation $500 (Performing Systems, Devices or Equipment W/O Proper Licensure Fire Suppression or Detection $250 Repeat Violation $500 System Not Properly; Provided, Maintained, Functioning, Tested, or Tampered With Fire Protection Water Supply $250 Repeat Violation $500 Devices Not Properly; Provided Maintained, Functioning, Tested, or Tampered With Failure to obtain Special $200 Repeat Violation $400 Event Permit Condition Found to Be in $150 Repeat Violation $300 Violation of Florida Fire Prevention Code (Failure to Cease and Desist or $500 Repeat Violation $500 Failure to Vacate Private Provider Building Pennii 33% Plans Review Services - 33% Fee Reduction Building Inspection Services - 33% S35.00 $45 SW $60 $75 $180 $75 $25 $45 $200 $300 $250 $250 $250 $200 $150 S500 33% *PLAN REVIEW FEES ARE NON-REFUNDABLE* SECTION 3. CONTRACTOR LICENSING FEE SCHEDULE: (1) Competency card annual fee ................................... 30.00 (2) Issuance of duplicate card.......................................5.00 259 of 272 (3) Change of status fee ............................................. 25.00 (4) Letter of reciprocity..............................................15.00 (5) Renewal fees for competency cards: a. October 1 through October 15, $30.00 plus ten percent surcharge b. October 16 through March 31, $30.00 plus 20 percent surcharge C. April 1 through September 30, $60.00 d. If renewed more than one year but less than three years from the previous expiration date, $75.00 each year e. Inactive competency card, $10.00 f. Reactivate an inactive competency card after reapplication to and approval by the board, $20.00 No competency card can be renewed more than three years after it has expired. (B) A person who holds a valid certificate from the board may go on inactive status during which time he shall not engage in contracting but may retain his certificate on an inactive basis on payment of an annual renewal fee during the inactive period, not to exceed $10.00 per year. An inactive certificate can be activated only by application to and approval of the board, on the proper forms. SECTION 4. PENALTIES. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before applying for the necessary permits shall be subject to a penalty of $200 for an owner or $300 for a contractor, or one hundred percent (100%) of the usual permit fee, in addition to the required permit fees. The payment of such penalty shall not relieve any person(s) from complying with the requirement of the Code of Ordinances or this resolution in the execution of the work, or from any other penalties of the Code of Ordinances. SECTION 5. PLAN REVIEW FEES. When the valuation of the proposed construction under a General Building Permit exceeds three thousand dollars ($3000) and requires a plan to be submitted under the Florida Building Code or Chapter 26, Article II of the Code of Ordinances, a plan -review fee shall be paid to the building department at the time of submitting plans and specifications.. Said plan -review fee shall be equal to ten percent (10%) of the building fee set forth herein. Such plan -review fee shall be in addition to the building permit fee. 260 of 272 SECTION 6. CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 7. EFFECTIVE DATE. This Resolution shall take effect on September 13, 2023. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice -mayor Christopher Nunn Councilmember Bob McPartlan Councilmember Ed Dodd Councilmember Kelly Dixon The Mayor there upon declared this Resolution duly passed and adopted this 13th day of September, 2023. ATTEST: CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Jeanette Williams, MMC Approved as to form and legality. City Clerk Jennifer Cockcroft, City Attorney 261 of 272 917123, 2:29 PM Statutes & Constitution :View Statutes : online Sunshine The 2023 Florida Statutes Select Year: 2023 v Go Title XXXIII Chapter 553 View Entire REGULATION OF TRADE, COMMERCE, INVESTMENTS, BUILDING CONSTRUCTION Chapter AND SOLICITATIONS STANDARDS 553.791 Alternative plans review and inspection.— (1) As used in this section, the term: (a) "Applicable codes" means the Florida Building Code and any local technical amendments to the Florida Building Code but does not include the applicable minimum fire prevention and firesafety codes adopted pursuant to chapter 633. (b) "Audit" means the process to confirm that the building code inspection services have been performed by the private provider, including ensuring that the required affidavit for the plan review has been properly compi,eted and submitted with the permit documents and that the minimum mandatory inspections required under the building code have been performed and property recorded. The local building official may not replicate the plan review or inspection being performed by the private provider, unless expressly authorized by this section. (c) "Building" means any construction, erection, alteration, demolition, or improvement of, or addition to, any structure or site work for which permitting by a local enforcement agency is required. (d) "Building code inspection services" means those services described in s. 468.603(5) and (8) involving the review of building plans as well as those services involving the review of site plans and site work engineering plans or their functional equivalent, to determine compliance with applicable codes and those inspections required by law, conducted either in person or virtually, of each phase of construction for which permitting by a local enforcement agency is required to determine compliance with applicable codes. (e) "Deliver" or "delivery" means any method of delivery used in conventional business or commercial practice, including delivery by electronic transmissions. (f) "Duly authorized representative" means an agent of the private provider identified in the permit application who reviews plans or performs inspections as provided by this section and who is licensed as an engineer under chapter 471 or as an architect under chapter 481 or who holds a standard or provisional certificate under part XII of chapter 468. A duty authorized representative who only holds a provisional certificate under part Xlf of chapter 468 must be under the direct supervision of a person licensed as a building code administrator under part XII of chapter 468. (g) "Electronic signature" means any letters, characters, or symbols manifested by electronic or similar means which are executed or adopted by a party with an intent to authenticate a writing or record. (h) "Electronic transmission" or "submitted electronically" means any farm or process of communication not directly involving the physical transfer of paper or another tangible medium which is suitable for the retention, retrieval, and reproduction of information by the recipient and is retrievable in paper form by the receipt through an automated process. All notices provided for in this section may be transmitted electronically and shall have the same legal effect as if physically posted or mailed. (i) "Electronically posted" means providing notices of decisions, results, or records, including inspection records, through the use of a website or other form of electronic communication used to transmit or display information. (j) "Immediate threat to public safety and welfare" means a building code violation that, if allowed to persist, constitutes an immediate hazard that could result in death, serious bodily injury, or significant property damage. www.ieg.state.fl.uslstatuteslindex.cfm?App mode=Display_Statute&Search_String=&URL=0500-0599105531Sections10553.791.html �7 262 of 272 917/23, 2:29 PM Statutes & Constitution :View Statutes: Online Sunshine This paragraph does not limit the authority of the local building official to issue a Notice of Corrective Action at any time during the construction of a building project or any portion of such project if the official determines that a condition of the building or portion thereof may constitute a hazard when the building is put into use following completion as long as the condition cited is shown to be in violation of the building code or approved plans. (k) "Local building official" means the individual within the governing jurisdiction responsible for direct regulatory administration or supervision of plans review, enforcement, and inspection of any construction, erection, alteration, demolition, or substantial improvement of, or addition to, any structure for which permitting is required to indicate compliance with applicable codes and includes any duly authorized designee of such person. (l) "Permit application" means a properly completed and submitted application for the requested building or construction permit, including: 1. The plans reviewed by the private provider. 2. The affidavit from the private provider required under subsection (6). 3. Any applicable fees. 4. Any documents required by the local building official to determine that the fee owner has secured all other government approvals required by law. (m) "Plans" means building plans, site engineering plans, or site plans, or their functional equivalent, submitted by a fee owner or fee owner's contractor to a private provider or duly authorized representative for review. (n) "Private provider" means a person licensed as a building code administrator under part XII of chapter 468, as an engineer under chapter 471, or as an architect under chapter 481. For purposes of performing inspections under this section for additions and alterations that are limited to 1,000 square feet or less to residential buildings, the term "private provider" also includes a person who holds a standard certificate under part XI I of chapter 468. (o) "Request for certificate of occupancy or certificate of completion" means a properly completed and executed application for: 1. A certificate of occupancy or certificate of completion. 2. A certificate of compliance from the private provider required under subsection (12). 3. Any applicable fees. 4. Any documents required by the local building official to determine that the fee owner has secured all other government approvals required by law. (p) "Single -trade inspection" means any inspection focused on a single construction trade, such as plumbing, mechanical, or electrical. The term includes, but is not limited to, inspections of door or window replacements; fences and block walls more than 6 feet high from the top of the wall to the bottom of the footing; stucco or plastering; reroofing with no structural alteration; HVAC replacements; ductwork or fan replacements; alteration or installation of wiring, lighting, and service panels; water heater changeouts; sink replacements; and repiping. (q) "Site work" means the portion of a construction project that is not part of the building structure, including, but not limited to, grading, excavation, landscape irrigation, and installation of driveways. (r) "Stop -work order" means the issuance of any written statement, written directive, or written order which states the reason for the order and the conditions under which the cited work will be permitted to resume. (2)(a) Notwithstanding any other law or local government ordinance or local policy, the fee owner of a building or structure, or the fee owner's contractor upon written authorization from the fee owner, may choose to use a private provider to provide building code inspection services with regard to such building or structure and may make payment directly to the private provider for the provision of such services. All such services shall be the subject of a written contract between the private provider, or the private provider's firm, and the fee owner or the fee owner's contractor, upon written authorization of the fee owner. The fee owner may elect to use a private provider to provide plans review or required building inspections, or both. However, if the fee owner or the fee owner's contractor uses a private provider to provide plans review, the local building official, in his or her discretion and pursuant to duly adopted policies of the local enforcement agency, may require the fee owner or the fee owner's contractor to use a private provider to also provide required building inspections. www.ieg.state.fi.uslstatutesfindex.cfm?App_mode=Qispiay_Statute&Search_String=&URL=0500-0599105531Seotions10553.791.html 263 of 272 9l7123, 2:29 PM Statutes & Constitution :View Statutes : Online Sunshine (b) If an owner or contractor retains a private provider for purposes of plans review or building inspection services, the local jurisdiction must reduce the permit fee by the amount of cost savings realized by the local enforcement agency for not having to perform such services. Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by which a local enforcement agency assesses the cost for its plans review or inspection services. The local jurisdiction may not charge fees for building inspections if the fee owner or contractor hires a private provider to perform such services; however, the local jurisdiction may charge a reasonable administrative fee, which shall be based on the cost that is actually incurred, including the labor cost of the personnel providing the service, by the local jurisdiction or attributable to the local jurisdiction for the clerical and supervisory assistance required, or both. (c) if an owner or a contractor retains a private provider for purposes of plans review or building inspection services, the local jurisdiction must provide equal access to all permitting and inspection documents and reports to the private provider, owner, and contractor if such access is provided by software that protects exempt records from disclosure. (3) A private provider and any duly authorized representative may only perform building code inspection services that are within the disciplines covered by that person's licensure or certification under chapter 468, chapter 471, or chapter 481, including single -trade inspections. A private provider may not provide building code inspection services pursuant to this section upon any building designed or constructed by the private provider or the private provider's firm. (4) A fee owner or the fee owner's contractor using a private provider to provide building code inspection services shall notify the local building official in writing at the time of permit application, or by 2 p.m. local time, 2 business days before the first scheduled inspection by the local building official or building code enforcement agency that a private provider has been contracted to perform the required inspections of construction under this section, including single -trade inspections, on a form to be adopted by the commission. This notice shall include the following information: (a) The services to be performed by the private provider. (b) The name, firm, address, telephone number, and e-mail address of each private provider who is performing or will perform such services, his or her professional license or certification number, qualification statements or resumes, and, if required by the local building official, a certificate of insurance demonstrating that professional Liability insurance coverage is in place for the private provider's firm, the private provider, and any duly authorized representative in the amounts required by this section. (c) An acknowledgment from the fee owner in substantially the following form: I have elected to use one or more private providers to provide building code plans review and/or inspection services on the building or structure that is the subject of the enclosed permit application, as authorized by s. 553.791, Florida Statutes. I understand that the local building official may not review the plans submitted or perform the required building inspections to determine compliance with the applicable codes, except to the extent specified in said law. Instead, plans review and/or required building inspections will be performed by licensed or certified personnel identified in the application. The law requires minimum insurance requirements for such personnel, but I understand that I may require more insurance to protect my interests. By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or certified personnel and the level of their insurance and am satisfied that my interests are adequately protected. I agree to indemnify, defend, and hold harmless the local government, the local building official, and their building code enforcement personnel from any and all claims arising from my use of these licensed or certified personnel to perform building code inspection services with respect to the building or structure that is the subject of the enclosed permit application. If the fee owner or the fee owner's contractor makes any changes to the listed private providers or the services to be provided by those private providers, the fee owner or the fee owner's contractor shall, within 1 business day after any change or within 2 business days before the next scheduled inspection, update the notice to reflect such www.leg.state.fl.uslstatutesrndex.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599105531Sections1o553.791.html 264 of 272 917/23, 2,29 PM Statutes & Constitution :View Statutes : Online Sunshine changes. A change of a duly authorized representative named in the permit application does not require a revision of the permit, and the building code enforcement agency shall not charge a fee for making the change. (5) After construction has commenced and if the local building official is unable to provide inspection services in a timely manner, the fee owner or the fee owner's contractor may elect to use a private provider to provide inspection services by notifying the local building official of the owner's or contractor's intention to do so by 2 p.m. local time, 2 business days before the next scheduled inspection using the notice provided for in paragraphs (4)(a)- (c). (6) A private provider performing plans review under this section shall review the plans to determine compliance with the applicable codes. Upon determining that the plans reviewed comply with the applicable codes, the private provider shall prepare an affidavit or affidavits certifying, under oath, that the following is true and correct to the best of the private provider's knowledge and belief: (a) The plans were reviewed by the affiant, who is duly authorized to perform plans review pursuant to this section and holds the appropriate license or certificate. (b) The plans comply with the applicable codes. Such affidavit may bear a written or electronic signature and may be submitted electronically to the local building official. (7)(a) No more than 20 business days after receipt of a permit application and the affidavit from the private provider required pursuant to subsection (6), the local building official shall issue the requested permit or provide a written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes, as well as the specific code chapters and sections. if the local building official does not provide a written notice of the plan deficiencies within the prescribed 20-day period, the permit application shall be deemed approved as a matter of taw, and the permit shall be issued by the local building official on the next business day. (b) If the local building official provides a written notice of plan deficiencies to the permit applicant within the prescribed 20-day period, the 20-day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to subsection (14) or to submit revisions to correct the deficiencies. (c) If the permit applicant submits revisions, the local building official has the remainder of the tolled 20-day period plus 5 business days from the date of resubmittal to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. Any subsequent review by the local building official is limited to the deficiencies cited in the written notice. If the local building official does not provide the second written notice within the prescribed time period, the permit shall be deemed approved as a matter of law, and the local building official must issue the permit on the next business day. (d) If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to subsection (14) or to submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the local building official has an additional 5 business days from the date of resubmittat to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. (8) A private provider performing required inspections under this section shall inspect each phase of construction as required by the applicabte codes. Such inspection may be performed in -person or virtually. The private provider may have a duly authorized representative perform the required inspections, provided all required reports are prepared by and bear the written or electronic signature of the private provider or the private provider's duly authorized representative. The duly authorized representative must be an employee of the private provider entitled to receive reemployment assistance benefits under chapter 443. The contractor's contractual or legal obligations are not relieved by any action of the private provider. www.leg.state.fl.uslstatuteslndex.cfm?App_mode=Oisplay_Statute&Search_String=&URL=0500-0599105531Sectionsl0553.791.htm1 417 265 of 272 W/23, 2:29 PM Statutes & Constitution :View Statutes : Online Sunshine (9) A private provider performing required inspections under this section shall provide notice to the local building official of the date and approximate time of any such inspection no later than the prior business day by 2 p.m. local time or by any later time permitted by the local building official in that jurisdiction. The local building official may not prohibit the private provider from performing any inspection outside the local building official's normal operating hours, including after hours, weekends, or holidays. The local building official may visit the building site as often as necessary to verify that the private provider is performing all required inspections. A deficiency notice must be posted by the private provider, the duly authorized representative of the private provider, or the building department whenever a noncomplying item related to the building code or the permitted documents is found. Such notice may be physically posted at the job site or electronically posted. After corrections are made, the item must be reinspected by the private provider or representative before being concealed. Reinspection or reaudit fees shall not be charged by the local jurisdiction as a result of the local jurisdiction's audit inspection occurring before the performance of the private provider's inspection or for any other administrative matter not involving the detection of a violation of the building code or a permit requirement. (10) If equipment replacements and repairs must be performed in an emergency situation, subject to the emergency permitting provisions of the Florida Building Code, a private provider may perform emergency inspection services without first notifying the local building official pursuant to subsection (9). A private provider must conduct the inspection within 3 business days after being contacted to conduct an emergency inspection and must submit the inspection report to the local building official within 1 day after the inspection is completed. (11) Upon completing the required inspections at each applicable phase of construction, the private provider shall record such inspections on a form acceptable to the local building official. The form must bear the written or electronic signature of the provider or the provider's duly authorized representative. These inspection records shall reflect those inspections required by the applicable codes of each phase of construction for which permitting by a local enforcement agency is required. The private provider, upon completion of the required inspection, shall post each completed inspection record, indicating pass or fail, and provide the record to the local building official within 2 business days. Such inspection record may be electronically posted by the private provider, or the private provider may post such inspection record physically at the project site. The private provider may electronically transmit the record to the Local building official. The local building official may waive the requirement to provide a record of each inspection within 2 business days if the record is electronically posted or posted at the project site and all such inspection records are submitted with the certificate of compliance. Unless the records have been electronically posted, records of all required and completed inspections shall be maintained at the building site at all times and made available for review by the local building official. The private provider shall report to the local enforcement agency any condition that poses an immediate threat to public safety and welfare. (12) Upon completion of all required inspections, the private provider shall prepare a certificate of compliance, on a form acceptable to the local building official, summarizing the inspections performed and including a written representation, under oath, that the stated inspections have been performed and that, to the best of the private provider's knowledge and belief, the building construction inspected complies with the approved plans and applicable codes. The statement required of the private provider shall be substantially in the following form and shall be signed and sealed by a private provider as established in subsection (1) or may be electronically transmitted to the local building official: To the best of my knowledge and belief, the building components and site improvements outlined herein and inspected under my authority have been completed in conformance with the approved plans and the applicable codes. (13)(a) No more than 10 business days, or if the permit is related to single-family or two-family dwellings then no more than 2 business days, after receipt of a request for a certificate of occupancy or certificate of completion and the applicant's presentation of a certificate of compliance and approval of all other government approvals required by law, including the payment of all outstanding fees, the local building official shall issue the certificate www.leg.state.fl.uststatutesfindex.cfm?App_mode=Display_Statute&Search_String=BURL=0500-059910553/Sections/0553.79l.html S 266 272 917123, 2:29 PM Statutes & Constitution :View Statutes : Online Sunshine of occupancy or certificate of completion or provide a notice to the applicant identifying the specific deficiencies, as well as the specific code chapters and sections. (b) If the local building official does not provide notice of the deficiencies within the applicable time periods under paragraph (a), the request for a certificate of occupancy or certificate of completion is automatically granted and deemed issued as of the next business day. The local building official must provide the applicant with the written certificate of occupancy or certificate of completion within 10 days after it is automatically granted and issued. To resolve any identified deficiencies, the applicant may elect to dispute the deficiencies pursuant to subsection (14) or to submit a corrected request for a certificate of occupancy or certificate of completion. (14) if the local building official determines that the building construction or plans do not comply with the applicable codes, the official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop -work order for the project or any portion thereof as provided by law, if the official determines that the noncompliance poses an immediate threat to public safety and welfare, subject to the following: (a) The local building official shall be available to meet with the private provider within 2 business days to resolve any dispute after issuing a stop -work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion. (b) If the focal building official and private provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agency's board of appeals, if one exists, which shall consider the matter at its next scheduled meeting or sooner. Any decisions by the local enforcement agency's board of appeals, or local building official if there is no board of appeals, may be appealed to the commission as provided by this chapter. (c) Notwithstanding any provision of this section, any decisions regarding the issuance of a building permit, certificate of occupancy, or certificate of completion may be reviewed by the local enforcement agency's board of appeals, if one exists. Any decision by the local enforcement agency's board of appeals, or local building official if there is no board of appeals, may be appealed to the commission as provided by this chapter, which shall consider the matter at the commission's next scheduled meeting. (15) For the purposes of this section, any notice to be provided by the local building official shall be deemed to be provided to the person or entity when successfully transmitted to the e-mail address listed for that person or entity in the permit application or revised permit application, or, if no e-mail address is stated, when actually received by that person or entity. (16)(a) A local enforcement agency, local building official, or local government may not adopt or enforce any laws, rules, procedures, policies, qualifications, or standards more stringent than those prescribed by this section. (b) A local enforcement agency, local building official, or local government may establish, for private providers and duly authorized representatives working within that jurisdiction, a system of registration to verify compliance with the licensure requirements of paragraph (1)(n) and the insurance requirements of subsection (17). (c) This section does not limit the authority of the local building official to issue a stop -work order for a building project or any portion of the project, as provided by law, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. (17) A private provider may perform building code inspection services on a building project under this section only if the private provider maintains insurance for professional liability covering all services performed as a private provider. Such insurance shall have minimum policy limits of $1 million per occurrence and $2 million in the aggregate for any project with a construction cost of $5 million or less and $2 million per occurrence and $4 million in the aggregate for any project with a construction cost of over $5 million. Nothing in this section limits the ability of a fee owner to require additional insurance or higher policy limits. For these purposes, the term "construction cost" means the total cost of building construction as stated in the building permit application. If the private provider chooses to secure claims -made coverage to fulfill this requirement, the private provider must also maintain coverage for a minimum of 5 years subsequent to the performance of building code inspection services. The insurance required under this subsection shall be written only by insurers authorized to do business in this state with a minimum A.M. Best's rating of A. Before providing building code inspection services within a local www.leg.state,fl.uslstatutesfindex.cfm7App_mode=Display_Statute&Search_String=&URL=0500-059910553ISections10553.791.himl 267 of 2W 9J7123, 2:29 PM Statutes & Constitution :View Statutes: Online Sunshine building official's jurisdiction, a private provider must provide to the local building official a certificate of insurance evidencing that the coverages required under this subsection are in force. (18) When performing building code inspection services, a private provider is subject to the disciplinary guidelines of the applicable professional board with jurisdiction over his or her license or certification under chapter 468, chapter 471, or chapter 481. All private providers shall be subject to the disciplinary guidelines of s. 468,621 (1 )(c)-(h). Any complaint processing, investigation, and discipline that arise out of a private provider's performance of building code inspection services shall be conducted by the applicable professional board. (19) Each local building code enforcement agency may audit the performance of building code inspection services by private providers operating within the local jurisdiction. However, the same private provider may not be audited more than four times in a month unless the local building official determines a condition of a building constitutes an immediate threat to public safety and welfare. Work on a building or structure may proceed after inspection and approval by a private provider if the provider has given notice of the inspection pursuant to subsection (9) and, subsequent to such inspection and approval, the work shall not be delayed for completion of an inspection audit by the local building code enforcement agency. (20) The local government, the local building official, and their building code enforcement personnel shall be immune from liability to any person or party for any action or inaction by a fee owner of a building, or by a private provider or its duly authorized representative, in connection with building code inspection services as authorized in this act. (21) Notwithstanding any other law, a county, a municipality, a school district, or an independent special district may use a private provider to provide building code inspection services for a public works project, an improvement, a building, or any other structure that is owned by the county, municipality, school district, or independent special district. History.—s. 17, ch. 2002-293; s. 106, ch. 2005-2; s. 11, ch. 2005-147; s. 1, ch. 2005-216; s. 6, ch. 2006-65; s. 6, ch. 2007-187; s. 141, ch. 2008-4; s. 77, ch. 2012.30; s. 7, ch, 2017-149; s, 12, ch. 2019.86; s. 14, ch. 2019.165; s. 132, ch. 2020-2; s. 20, ch. 2020-27; s. 4, ch. 2021- 201; s. 50, ch. 2022.4; s. 4, ch, 2022-136. Copyright O 1995-2023 The Florida Legislature • Privacv Statement • Contact Us www.log.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search—String=&URL=0500-0599i0553/Sections/0553.791.html 268 of 272 CMOF SE§=AmsgTw"� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: September 13, 2023 AGENDA ITEM TITLE: Memorandum of Understanding (MOU) between the City of Sebastian and The International Union of Police Associations (IUPA), AFL-CIO, Local 6053 — Amending Article 15.2 Rates of Pay to be effective as of October 1, 2023. RECOMMENDATION: Move to approve MOU between the City of Sebastian and the IUPA Article 15.2 Rates of Pay effective for the second year of Bargaining Agreement (October 1, 2023 - September 30, 2024) BACKGROUND: Due to increasing the minimum wage of a Police Officer to $50,009.60 per year, City Staff needed to amend the Collective Bargaining Agreement effective October 1, 2022 to September 30, 2025. Because of the minimum wage change, members shall receive a wage increase of either 5%, the new minimum wage for a Police Officer of $50,009.60, or the Years of Service Dollar Scale, shown below, whichever is the highest. Years of Service Dollar Amount 0 Years to 1 Year 11 months $4,000 2 Years to 4 Years 11 months $4,500 5 Years to 9 Years 1 I months $5,000 10 + Years $5,500 City Staff and the IUPA Membership have agreed to amend Article 15.2. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: $106,127 for added wages and benefits. Funds to Be Utilized: General Fund Proposed FY2023-24 Budget will be adjusted. ATTACHMENTS: 1) Memorandum of Understanding Administrative Services Department Review: City Attorney Review: Procurement Division Review, ifapplicable: City Manager Authorization: k, Date: 269 of 272 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEBASTIAN AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, LOCAL 6053 Notwithstanding the provisions of Article 15.2, Rates of Pay, the Parties to this Memorandum of Understanding ("MOU„) as referenced above in the title of this MOU , as the original Parties to the Collective Bargaining Agreement effective October 1, 2022 to September 30, 2025, hereby agree to amend the article below to read as follows: 15.2 For the second year of this Agreement (October 1 2023 through September 30, 2024), bargaining unit members shall receive a wage increase of either 5%, the new minimum wage for a Police Officer of $50,009.60, or the Years of Service Dollar Scale, shown below, whichever is the highest. Years of Service Dollar Amount 0 Years to 1 Year 11 months $4,000 2 Years to 4 Years 11 months $4,500 5 Years to 9 Years 11 months $5,000 10+ Years $5,500 All other revisions of the original Agreement not in conflict herewith shall remain in full force and effect. Nic olas J. Voglio, Esq. Brian A Benton, City Manager �131 z Date Date 270 of 272 MCI SE�T�A1V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: September 13, 2023 AGENDA ITEM TITLE: Memorandum of Understanding (MOU) between the City of Sebastian and The International Union of Police Associations (IUPA), AFL-CIO, Locals 6054 and 6056 — Amending Article 20.2 Rates of Pay to be effective October 1, 2023. RECOMMENDATION: Move to Consider MOU between the City of Sebastian and the IUPA, Locals 6054 and 6056, Article 20.2 Rates of Pay effective second year of Bargaining Agreement (October 1, 2023 - September 30, 2024) BACKGROUND: Due to increasing the minimum wage of all Bargaining Unit Positions, City Staff needed to amend the Collective Bargaining Agreement effective October 1, 2022 to September 30, 2025. Because of the minimum wage change, members shall receive a wage increase of either 5%, the new minimum wage for the position they are currently working, or the Years of Service Dollar Scale, shown below, whichever is the highest. Years of Service Dollar Amount 0 Years to 1 Year 11 months $2,600 2 Years to 4 Years 11 months $3,100 5 Years to 9 Years 11 months $3,600 10 + Years $4,100 City Staff and the IUPA Membership have agreed to amend Article 20.2. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: $147,162 for added wages and benefits Funds to Be Utilized: Proposed FY2023-24 Budgets will be adjusted as follows; General Fund $91,578 Stormwater Fund $23,533 Golf Course $14,484 Airport $ 2,954 Building Fund $14,613 ATTACHMENTS: 1. Memorandum of Understanding Administrative Services Depart a Review:�'L�1 City Attorney Review. 0 Procurement Division Review, if applicable: 11111 ! i City Manager Authorization: 1-67 Date: qb /x�"o 271 of 272 MEMORAN Of f ETWEN 1'ht CITY Of SMASTIAM AND Y%t below, whkhever is the h r.st.. YA16 dcat� 0 Yeats to 3 Yeat 11 months Sp, Lj 2 Years to 4 Years 11 Mnths $3,100 S Fears t09 'ti'�• rY, 1 rr� ant ti' S , 10* Yvon $4,1 DO f LF '9i �y(--e! 272 of 272