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HomeMy WebLinkAbout09-17-2020 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINI SEPTEMBER 17, 2020 I O Fn 1. Call to Order -- Chairman Reyes called the meeting to order at 6:00 p.m. C Q M C 2. Pledoe of Alleoiance was recited by all. Q_ 2 3. Roll Call C cc U< Present: Mr. Roth Mr. Christino (a) ++ t3) Mr. Simmons Mr. Gizilbash fn C Ms. Kautenburg (a) Mr. Hughan A C Mr. Carter Mr. Alvarez (D Mr. Reyes N Also Present: Ms. Lisa Frazier, Community Development Director (Zoom) Ms. Dom Bosworth, Planning Manager Mr. Manny Anon, City Attorney (Zoom) Mr. Robert Loring, Senior Planner Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Technical Writer (Zoom) Ms. Mara Schiff, Indian River County School Board liaison, was not present. 4. Announcements and/or Aaenda Modifications — None 5. Aooroval of Minutes: Regular meeting of August 20, 2020 Chairman Reyes asked if anyone had changes or corrections to the Minutes as presented. Mr. Roth asked for changes to be made for purposes of clarification and future notice as follows: a. On Page 7, under Public Input, he would like after the words Open Space Element the words inserted: "either in person in Council chambers or via Zoom." b. On Page 7, where Victor Young is identified, the words (in person in Council Chambers) should be added. c. On Page 7, where Dr. Graham Cox is identified, the words (via Zoom) should be added. Chairman Reyes called for a motion. A motion to approve the Minutes as presented with the three notations as listed above was made by Mr. Roth and seconded by Mr. Simmons. Roll Call PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF SEPTEMBER 17.2020 Mr. Qizilbash — Yes Mr. Carter — Yes Mr. Roth — Yes Mr. Hughan — Yes Mr. Reyes — Yes Mr. Alvarez — Yes Mr. Simmons — Yes Vote was 7-0 in favor. Motion carries. 6. Quasi -Judicial and Public Hearinos A. Public Hearing — Recommendation to City Council -- Subdivision Preliminary Plat -- Cross Creek Lake Estates Addition — 25 Acres, 24 Lots — Powerline Road/Year ing Trail — VLDR Future Land Use (Very Low Density Residential, 3 units per acre maximum) — RS-10 Zoning District (Residential Single -Family) Chairman Reyes read the item into the record and called on the Project Engineer to make his presentation. At this point, for the record Ms. Bosworth stated that Mr. Qizilbash has presented a document abstaining as a member of the Commission regarding this item. Based on the previous rotations, Mr. Christino (a) will be voting in Mr. Qizilbash's place, just for this particular item. Mr. Qizilbash described the size and location of the land that is the subject of this hearing. This property is zoned for three units per acre, and this subdivision's density will be only one unit per acre. These 24 lots have one street which has a divided entrance and has a cul-de-sac. This property is a landlocked piece of land. There will be another access provided at the southwest corner of Yearling Trail going to Shakespeare Street. There is a U-shaped stormwater retention area which is large enough to handle all the stonmwater drainage. They are also proposing an outfall going to the Sebastian River Improvement District canal. There will be underground utilities. There will be lamp posts that are similar to what is at the existing subdivision. There will be two fire hydrants, which will satisfy the Land Development Code. Chairman Reyes called on the staff to make their report. Mr. Loring read aloud from the staff report. Staff is recommending that the Commission recommend approval to City Council of the Cross Creek Lake Estates Addition subdivision Preliminary Plat with three conditions as listed in the Staff Report. Mr. Loring invited questions or comments from the Commission. Mr. Hughan: • Inquired where the traffic will go out of this subdivision. Mr. Qizilbash answered that it will go out through the existing subdivision and then out to Barber Street. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF SEPTEMBER 17, 2020 • Asked how Lots 23 and 24 are going to be used. Mr. Qizilbash stated they are proposing to have houses on them. • Asked where the RV park is going to be located. Mr. Qizilbash stated they have not decided yet, but they may choose Lot 1 or Lot 24. It depends on how many can be accommodated on the lot. • Inquired as to how high the berm is on the east side of the property. Mr. Qizilbash described the berm on the east side as being 40 feet wide. A third is about six feet high, and with the landscaping on top of that, it will be almost 12 feet. Mr. Hughan asked if that will be sufficient to block any noise into the existing subdivision. Mr. Qizilbash said it would. • Asked who owns Yearling Trail. Mr. Qizilbash stated the association owns it. • Asked if Yearling Trail is going to be paved at some time, and who is going to pay for the paving. Mr. Qizilbash replied that Yearling Trail is already paved. Warren Dill identified himself as the attorney for the applicant. He stated this addition of the 24 acres is part and parcel of the existing Cross Creek Lake Estates Subdivision. It is subject to the same deed restrictions as that subdivision, and it has been for many years. All the roads in Cross Creek are paved and have been for years. This project will be paying the same association dues as everyone else who lives there in order to maintain those roads. Mr. Christino, just to clarify, stated that the citizens of Sebastian will never at any point in time pay for maintenance of those roads since that is a private association. Mr. Dill stated that is correct. Mr. Dill added that there is a paved Powerline Road from Barber Street to CR 510, and Dr. Fischer was responsible for doing that at no cost to the City of Sebastian. • Mr. Hughan asked if there is going to be another environmental study for the scrub jays and the gopher turtles before the land is cleared. Mr. Dill stated there would be. Mr. Qizilbash stated they have already submitted the environmental report. He further stated they have the final surveys with all the landscaping, etc. • Asked if there were any wetlands on the vacant piece of property. Mr. Qizilbash said no. Mr. Christino: Regarding the drainage of stonnwater, he stated it looks like the swales are going to drain to the south, to the canal, and the developer is looking for permission from the Sebastian River Improvement District for that. He asked if that is correct. Mr. Qizilbash stated that is correct. Mr. Christino asked if St. John's Water Management is going to be inspecting the way the developer is going to filter that water. Mr. Qizilbash answered yes, there will be another permit from St. John's. Regarding the emergency egress onto Shakespeare, Mr. Christino was there and looked at it. He stated it looks like what was supposed to have been an established buffer between Shakespeare and Yearling Trail has been allowed to fall into PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF SEPTEMBER 17, 2020 neglect. You can see right through it. Shakespeare is like an unimproved road; it is like a General Development Corporation road there. He asked what measures are going to be taken to ensure that the residents of Cross Creek Lake Estates do not use Shakespeare on a regular basis, as it is only to be used for an emergency access. Mr. Qizilbash said that it is only to be used for an emergency. If something happens at the other access that the people cannot get out, they can use the emergency access. Regarding the curb boxes that are noted on the drawing for water catch basins, Mr. Christino does not see it indicated on the road itself how the collection system of stormwater from the front yards that are facing each other onto the road and down into the swales will be handled and asked how that is going to work. Mr. Qizilbash explained that on sheet 2 of the drawings it shows the drainage from each lot, and it meets the code as shown. Mr. Roth: • To follow up on that, Mr. Roth inquired if there is a common drain out. Mr. Qizilbash pointed out the drainage arrows are shown on each lot which way it will be drained. Mr. Roth asked how the water is going to get from the street over to the retention area. Mr. Qizilbash stated from the front portion of the lot the drainage will go into the street and then into the catch basin. From the back of the lot it will go to the retention area. Mr. Qizilbash stated on sheet 4 it shows the drainage that flows on the street and how it flows to the catch basin. Chairman Reyes suggested that the discussion is getting into the engineering design instead of proposed preliminary plat. He asked for input from Mr. Anon on this question. Mr. Anon stated he concurs with the Chairman. Chairman Reyes asked to keep the discussion strictly to the plan of this preliminary subdivision plat, and later on when this project gets further along, this Commission will be able to address these questions with the engineer. • Regarding the emergency access, Mr. Roth asked ifthat access would allow traffic both in and out, or is there going to be a cable or gate across there, and emergency vehicles will have to obtain a key to unlock it to get in. Mr. Qizilbash answered yes, and it will only allow traffic going out during emergencies. He stated there is another emergency access approximately 1,000 feet south of the main entrance on Powerline Road. The developer has agreed to build the second emergency access on the southwest corner of Yearling Trail. That is only to be used if something prevents the main entrance from being used. • Mr. Roth stated he understands that it is the City's responsibility to create a two- lane road there where it currenfly is a one -lane road. He stated his understanding PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF SEPTEMBER 17, 2020 is that the developer is responsible for providing the emergency ingress/egress. Mr. Qizilbash agreed. As to the location of this proposed emergency access, Mr. Roth stated he could not find it when he was at the site of the project. Mr. Qizilbash stated it will be at the southwest comer of Yearling Trail, but there is nothing there right now. Ms. Kautenburg: • Understands that an emergency ingress/egress is often done with a breakaway gate, and often the area is left very natural because it is not intended for daily use; it is strictly for emergencies. She does not have a problem with that. • Likes the recommendation by staff in having the gate match the existing access. Mr. Alvarez: • Concerning the RV storage lot, he asked if that is shown on the plan. Attorney Warren Dill explained that the applicant intends to install RV parking and boat parking on what is now Lot 24. The residents know that. They received a letter today that he wrote stating the same thing. It is not on the agenda tonight because the preliminary plat was filed without it. Had the plat been pulled from tonight's agenda, it would be six to eight weeks before it could be brought back here again. This project has been in process for two years. As far as the drainage goes, Mr. Dill stated it has been reviewed by the City Engineer for drainage at least four times, and they are satisfied with it. RV parking and/or boat parking has nothing to do with the Planning Commission or the City of Sebastian. Those are private matters between private parties. The City's regulations do not even address RVs and boats in subdivisions, let alone require it. It is a valid point for the residents and the developer to work out between themselves, which he believes they have, but it is nothing for the City to be involved in. Chairman Reyes interjected that he thinks again the discussion is getting off what is on the agenda for this meeting. He called on the City Attorney for his input. Mr. Anon stated that he agrees with the attorney for the applicant. The issue that is currently before the Commission is just a preliminary plat. Those other issues are between the homeowners and the HOA. The City cannot mandate implementing those things. Right now the recommendation and the conclusions are that it meets all applicable law as well as the Comprehensive Plan as well as the Code. He does not recommend this Commission getting into a private issue between the HOA and the homeowners. Mr. Simmons PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF SEPTEMBER 17, 2020 • Regarding the emergency access that is contingent upon Shakespeare Street being modified, he inquired whether that is going to eventually happen. Chairman Reyes stated he does not know if anyone can answer that. Many plats get approved and never get built. Mr. Christino commented that he would like to reiterate what Mr. Roth said regarding the emergency access. He made two visits there, and getting a fire truck in and out of that development is going to require possibly a graduated entrance into the development in order to accommodate an emergency vehicle. Mr. Qizilbash stated each section is 20 feet wide. That will meet with the Code. Chairman Reyes: • Commented that, in looking at the overall site plan, the project site is offset on the coverage sheet and makes it look like the applicant is incorporating Lots 1 through 13 on this site. • Asked about the other emergency exit out of this subdivision. Mr. Qizilbash stated that one is already there. It is south of the entrance on Powerline. • Inquired if there is a gap between this subdivision and the one to the east. Mr. Qizilbash stated there will be a berm there. There is no gap. • Asked what is at the rear of those lots presently and will this be improved with the new plan. Mr. Qizilbash replied that on the berm there will be another swale so the water does not go over the east property. Chairman Reyes called for public input from anyone in Council Chambers in opposition to this project. • Kathi Armstrong read a statement by members of the Cross Creek Lake Estates Homeowners Association which asks that the Zoning Commission withhold approval of the preliminary plat approval request. (SEE ATTACHED) This letter had also been sent to each Commission member. Lenny Eucharne invited Mr. Roth to come to his house and he will show Mr. Roth where the gate is going to go. He lives directly across from where this emergency gate is going to go in. There are gopher turtles in the area of the emergency access, pictures of which he has. He stated his property, along with others, is about four to five feet above Shakespeare. He questions how emergency vehicles will be able to go from Shakespeare up the hill with those vehicles. He questions why an emergency access cannot be installed elsewhere. The developer did promise the homeowners those two lots would be for an RV/boat storage area. It was a selling point. The HOA states boats/RVs, etc. cannot be stored on homeowners' properties, so the storage area is needed. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF SEPTEMBER 17, 2020 Donna Greco stated she and her husband just moved into this development. They were told there was going to be an RV/boat parking area before they purchased the property. Her major concern is the emergency gate. She asked what kind of an emergency constitutes who is coming through that gate. When all these proposed homes are built, there is concern that that access will become a general ingresslegress for those homeowners. She and her husband did not know about that when they bought the property and had the house built. She does not see the need for an emergency gate at that site. She stated they were also told there was going to be a blueberry farm on the other side of the gate. There being no one else from the public in chambers to speak against the project, Chairman Reyes called for anyone on Zoom to speak in opposition to the project. Tim Barnes lives on Yearling Trail. He does not think that where the developer wants to put the emergency gate makes any sense. There are 137 homes in his community presently. He feels the mandate years ago for this community should have required two gates. The City granted the developer a leave from doing that. These properties are landlocked. That is not the fault of the homeowners. This community required two functioning gates. Once Shakespeare gets approved and this gate becomes a regular usage gate, he wonders who is going to bear the cost of that. He would like this Commission to require the developer to put money in escrow to cover the cost of installing the gate if it gets approved at the present location. He is also concerned about liability for accidents at that gate. There being no one else on Zoom in opposition to the project, Chairman Reyes called for anyone from the public in council chambers who wishes to speak in favor of the project. There being no one, Chairman Reyes called for anyone on Zoom who wishes to speak in favor of the project. There being no one on Zoom to speak in favor of the project, Chairman Reyes closed the public input on this matter and called for the City staff to summarize. Ms. Bosworth spoke regarding the history of Shakespeare Street and the reason why staff is requesting an emergency access in that comer. She reviewed that when the primary subdivision came before City Council and Planning and Zoning, the Code did require, based on the number of lots, to have two functioning entrances and exits. The developer at the time had a proposed entrance onto Shakespeare Street, and they were proposing to deed the extra right-of-way that was needed and to do an off -site improvement to widen Shakespeare Street. During the public hearing at City Council there was an adjacent neighbor who lived around the comer from Shakespeare Street who came to that public hearing and stated that the neighborhood did not want that extra traffic on there. Council did listen to that resident and stated that it was not required to improve Shakespeare Street and put an access there. Because they required two, the Code also states that, if City Council approved one access, they definitely needed to have PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF SEPTEMBER 17, 2020 an emergency access. The emergency access and the main gate are both in the northeast comer onto Powerline Street. With the addition of these lots and the existing 137 lots, there will be over 150 lots that, if there were to be a fire in that subdivision or any type of emergency, all of those vehicles would have to go to that one comer. If that particular comer is blocked, that is the only way out. So when these additional 24 lots were applied for, staff thought that it was prudent for the safety of the subdivision to at least get something on the other side of that subdivision for emergency access. Staff did go out there, and they are aware that there are tortoises there. They will have to be relocated, and the applicant will have to pay for that relocation permit. Staff is aware that this project has been going through the process for a while due to the different designs and revisions. So the environmental report is an older report. FWC requires that within six months a current survey is necessary. Staff had the HOA apply for a modification to the primary plat to add Tract M, which is now the emergency access. Staff is aware that Shakespeare is a substandard road, being a one-way street. The next step for this plat is for construction drawings to come in. The engineer and the developer will have to come in with engineered plans to make sure that a firetruck and/or the residents can get out that way. She is not aware if Blueberry Farms is a subdivision name or an agricultural use for that property. It is not in the City, so she cannot speak to any applications or development of that property. To the west of that property is what was previously designated as the River Oaks Subdivision, and that has been annexed into the City. The City has looked at all of the interconnections from Sebastian Highlands to get to CR 510. That is the hurricane evacuation route, so staff is always looking for other ways to connect the Highlands down to CR 510. Staff has definitely decided that an off -site improvement when River Oaks comes back in will be needed. She understands they are looking at engineering designs to possibly get that project going again, and the City is going to require that developer to create the exit from Shakespeare down to CR 510. So in the future it could possibly be that that emergency access would be another gated private street in and out for Cross Creek Lake Estates. It may be that traffic can go out of there and turn left to go down to CR 510. That would become the second exit. But it would not be the case that Sebastian Highland residents would be able to enter into Cross Creek Lake Estates; it would just be like the other gated entrance off of Powerline. The intent was for the safety of the subdivision to have another emergency access that is not in the same corner as the one that Is present. The City will work with the engineer and the developer to make sure that the slope at the proposed emergency access is such that emergency vehicles can get in. Mr. Christino wanted to clarify some of the staffs remarks. He understands that the owner, Mr. Fischer, is in the process of trying to acquire the property immediately to the west of this proposal. He asked if the City is proposing a completed road that would go south to CR 510 to act as an emergency exit in the future. He does not see the City going in and improving Shakespeare. Ms. Bosworth stated they may keep it as one-way. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF SEPTEMBER 17, 2020 Mr. Christino asked Mr. Qizilbash about the distance from that proposal to CR 510 at that point. He asked how far the drainage canal is that would need to have a bridge built across it to get over to CR 510. Mr. Qizilbash said it is about a quarter of a mile. Mr. Christino asked Mr. Qizilbash if it is feasible that that construction can happen. Mr. Qizilbash said yes. Chairman Reyes called for a motion to approve the Subdivision Preliminary Plat of Cross Creek Lake Estates Addition. A motion to approve the Subdivision Preliminary Plat of Cross Creek Lake Estates Addition with the three conditions and recommendations listed in Item 17 of the Staff Report and the last sentence in the first paragraph of Item 14 regarding the emergency access have improved landscaping along with a fence and an approved gate that matches similar finishes and landscaping already found at the perimeter of the site was made by Mr. Simmons and seconded by Mr. Christino. Ms. Bosworth clarified that this is a recommendation to City Council. City Council will give final approval at a further public hearing for which notices will be sent out. Roll Call Mr. Hughan — Yes Mr. Alvarez -- No *Mr. Roth — No Mr. Reyes — Yes Mr. Simmons — Yes Mr. Carter — Yes Mr. Christino — Yes Vote was 5 in favor, 2 against. Motion carries. *Mr. Roth prefaced his vote with a comment that he does not feel adequate planning has gone into where the emergency access is. 7. Unfinished Business — None 8. Public Inout (via Zoom) Tim Barnes stated he wanted to add something before the Commissioners voted, but he was not recognized. If it is out of order, he stated he would not bring it up. There being no one else to give public input, either in chambers or on Zoom, Chairman Reyes closed Public Input. 9. New Business — None PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF SEPTEMBER 17, 2020 10, Commissioner Matters Mr. Christino stated that he feels that what transpired this evening is something that is going to come before this Commission in the future. The Comprehensive Plan is being worked on at the present time. He stated that since this is a shoreline community, it should be expected that people moving into Sebastian will have boats and RVs. He suggested that at this time there is an opportunity for input into the Comprehensive Plan that, with these large land uses, areas be put aside when revising the Comprehensive Plan to require these developers, because it is not available in the private sector, to provide a place to put their boats and/or RVs. He feels that this is something that the Commission can look at as a possibility. Chairman Reyes inquired whether the City still has Code Enforcement. He is not seeing the Code being enforced when it comes to boats in particular. Mr. Roth agreed with Chairman Reyes. Mr. Roth recently submitted a complaint online on the website. He did not hear for eight days. He called and left a message on the recording at the Code Enforcement office, and that was last Thursday. He still has had no response. Chairman Reyes asked if Code Enforcement can enforce the Code in HOA subdivisions. Ms. Bosworth stated Code Enforcement does not enforce the deed restrictions in HOA subdivisions, but they still have to meet the minimum City standards. The City standards are that a boat or an RV must not be stored beyond the front line of the house. Chairman Reyes also addressed the drainage swales. They were maintained a few months ago, and now they are really overgrown again. He asked if there is somebody under contract to maintain these swales for the City now. Ms. Bosworth was not certain, but the Stormwater Department has 24-48 hours that they have to answer any questions. Ken Griffin can be contacted about this matter. Ms. Bosworth stated she will talk to the City Engineer and see what their protocol is. Chairman Reyes stated that every time the swales are cut, some of the fill is lost. 11. City Attornev Matters Mr. Anon stated that when it comes to private roads and HOAs, Code Enforcement is authorized to go through private roads, and if they observe violations, they can cite properties. Ultimately, it depends on the HOAs and how they dedicate the actual roads. But Code Enforcement can drive down private roads. They cannot go onto private property, but if they observe issues, they can cite. 12. Staff Matters — None PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 11 MINUTES OF SEPTEMBER 17, 2020 13. Adjourn There being no further business, Chairman Reyes adjourned the meeting at 7:26 p.m. jg FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS tAST NAME—fiRST NAME�AIDDLE NAME NAMEOF eDMD, GDUNCI4 COMMISaIGN,AUaWRrY, IXtCWMDEE Q/2/LB,W, TA/1iR N• d ^c Be„lPl7 aj SEB9S7/d MAIUNGADDRMS pp (Y111A,CWI�rccIL.LL�DLQAIaaIQY,ANMGMVDa COMMITIEEON /o3BAR640 Cou'A7 WHICNISENVEI5AUraTGF: couWy YCm UCCURY aO1XEn LGGLAGENGY crY �;ieAsru'y IMF/AN /ViR �'NyeSOFroLmcuslsDNISIDN: DATE ON WNICN VGTE OGGURRED raYPOSnpN 6: 9//7 /�N O EEC NE YAPFOemNE WHO MUST FILE FORM 8B This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, counal, commission, authority, or committee. It applies to member: of advisory and nonadvisory, bodies who are presented with a voting conflict of Interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the Instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would Inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would Inure to the special gain or loss of a principal (other than a government agency) by whom he or she Is retained (inciuding the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.358 or 163.357, F.S., and officers or Independent special tax districts elected on a one -acre, one -vole basis we not prohibited from voting In that capacity. For purposes of this to., a "relative Includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, fathemn-law. molherynaay. son,indaw, and daughter-in-law. A business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner. joint venturer, roomer of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional slack exctlange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the confiicb PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for ramming the minutes of the meeting, who Should incorporate the form In the minutes. APPOINTED OFFICERS: Although you must abstain from voting in ft situations described above, you are nol prohibited by Section 112.3143 from otherwise participating in these maaem. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or In willing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM ea � EFF. Iloi PAGE I Adopled by rererance M RWa 3a-]DIGIINO. FAC. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next Mu etng after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict In the measure before participating. • You muss complete the form and file ft withln 15 clays after the vole occurs with the person responsible for recording the minutes of the meeting, who must Incorporate the form in the minutes. A copy of the form must be pmvic ed immediately to the other members of the agency, and the forth must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, lAN/R H• Q/7/1-L9a'SJf hereby disclose that on SEvr6r)�fit �% ,2020 (a)A measure came or w111 come before my agency which (check one or more) y/ Inured to my special p6nate gain or loss; inured to the special gain or loss of my business associate, _ . Inured to the special gain or loss of my relative. Inured to the special gain or loss of by whom I am retalned; or Inured to the special gain or loss of _ ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting Interest In the measure Is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who Is also an aftomey, may comply with the disclosure requirements of this section by disclosing the nature of the Interest In such away as to provide the public with notice of the conflict. Date Filed 7*24 Signal NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,ODD. GE FORM 88 - EFF. 1112013 PAGE 2 A pted by reference In Rub 347.01011 X9, F.A.C. Good evening My name is Kathi Armstrong and I wish to make a brief statement on behalf of our community. Following this there are few other community members who wish to speak, as well. ** (hand board members copy of statement, if needed) We, the undersigned individual property owners and members of the Cross Creek Lake Estates Homeowners Association (CCLE HOA), ask that the Zoning Board withhold approval of this Preliminary Plat Approval Request. We have two major areas of concerns regarding the current proposed preliminary plat: 1. Lots 23 & 24, as shown on the proposed plat, are designated as building parcels. Since the approval and subsequent opening of the development, known as Cross Creek Lake Estates, in 2013, marketing of the development has included the inclusion of an on -site Boat/RV Storage Area (Attachment 1: ADVERTISING SAMPLES). As recently as a few months ago Mr. Fischer has had individuals working on site development of this Storage Area (Attachment 2: IDENTIFIED STORAGE AREA). This RV/Boat Storage Lot has also been referenced in past Annual HOA Meeting Minutes (Attachment 3: MINUTES 2017 and 2018 ANNUAL MEETING MINUTES). Several lot owners have been told directly by Mr. Fischer and his representatives that the area designated Lots 23 & 24 is for Boat/RV Storage. Because of this we believe that the approval should be withheld until this issue is resolved to the satisfaction of the property owners and members of the CCLE HOA. 2. Regarding the Recommendations for the Emergency Access Entrance, homeowners living directly across from the designated location were not notified of this Zoning meeting. Since this new Emergency Access Entrance is not located within the CCLE Addition, but within the original CCLE development, we believe that the specific details need to be finalized and approved by those homeowners most significantly affected before any approval to the addition is given. The staff report further indicates that "as Shakespeare Street does not meet the current standards, the emergency access shall remain as such, with the provision that it must be improved to become a secondary entrance%xit when Shakespeare Street is modified to meet current standards." We assume the City will be making the mentioned improvements to Shakespeare Street at which time the emergency ingress/egress will become a main entry/exit. What is the timing of these improvements to Shakespeare and who will bear the cost of then improving the 'emergency' entrance/exit to make it another main entrance/exit? We are also concerned about the design of a new gate. We believe that for safety and security reasons any gate installed needs to match the height and integrity of the existing fencing and front gate. The current secondary emergency access for our neighborhood is a sloped grassy section of land between Yearling Trail and & 70" Avenue that is not paved. The gate is overgrown with vines and inoperable in its current state (Attachment 4 CURRENT EMERGENCY ACCESS). It should also be noted that in the request for PLAT 1 in 2013, TRACT K is designated as a permanent emergency access, although nothing has ever happened in the identification and use of that area, as such. This access is also overgrown and inaccessible (Attachment 5 PLAT 1 SUBMISSION AND ACCESS). In the current request it is recommended that the board might consider mandating the design of a second emergency access as part of the approval process. We, the homeowners, ask that it not only be mandated, but that it be noted that all requirements for egressing onto the roadways be in compliance with town and county requirements before approval of the addition is given. Lastly, the report states that "The applicant has submitted an environmental report, there does not appear to be any gopher tortoise or scrub jay habitats affected within the proposed development area". This may not be wholly accurate. There are four nests on the Shakespeare side of Yearling Trail, starting across from block one lot six and across from 505 and 507 Yearling. (Attachment 6 GOPHER TORTOISE HABITAT). We ask for further investigation into the Gopher Tortoise habitat to ensure its integrity, in accordance with the Florida Fish and Wildlife Service guidelines. Because of these concerns, we respectfully request that you withhold approval of this Preliminary Plat. Thank you Jane and Tony Levinsky 103 Yearling Trail Nina Reeder 103 Rawlings Path Patty and Dave Singewald 101 Rawlings Path Debbie and Bob Dalrymple 104 Minnopy Path Jan and John Garrison 307 Yearling Trail Diane and Charlie Koeppel 321 Yearling Trail Michele and Lenny Ducharme 507 Yearling Trail Colleen and Ivan Scern 108 Aeolian Harp Path Nancine Vitale 607 Yearling Trail Colleen and Joe W ilkowski 629 Yearling Trail Kathi and Ken Armstrong 715 Yearling Trail Wendy and Tim Barnes 721 Yearling Trail Carol and Dave Luscher 805 Yearling Trail Desiree and Kevin MCCluskey 903 Yearling Trail Pat and Alan Disher 929 Yearling Trail Angela and Mark Piccirillo 952 Yearling Trail Leslie and George Knight 107 Yearling Trail Joann and Glen Crowder 107 Rawlings Path John Cyzewski 207 Yearling Trail Mary and Bob Rogers 109 Micanopy Path Ann and Paul Abati 317 Yearling Trail Maria and Pablo Molina 403 Yearling Trail Michael Gulls 106 Aeolian Harp Path Jacque and John Bennis 109 Aeolian Harp Carol and John Blile 609 Yearling Trail Denise and Donald Anderson 705 Yearling Trail Shizuko and Len Thiessen 717 Yearling Trail Rhonda and Jim Spencer 724 Yearling Trail Terry and Ivor Mills 811 Yearling Trail Nancy and Vincent LaRocca 915 Yearling Trail Deborah and Leo Bond 931 Yearling Trail ATTACHMENT 1 ADVERTISING SAMPLES Cross Creek Lake Estates Sebastian, Florida Deed ReUn<red. Gated, C.H.In I tomes 40 R RVBnat Parking Avail. for Rem On -Sit, $55 per Mandl L Ar<h11e.trat Sbin,le • Garagez Side Entry, Twe 1 Cer Mlnlmum, NO Cotporls 1 t • C.W-Earth Tones <� . SuLlmtto Archilectand Review Current website at httos://realtvkine.wiuite.com/crosscreeklakeestate/ccle-general- information: CROSS CREEK LAKE ESTATES 9i SAST IA M FLO RI DA CROSS CREEK LAKE ESTATES n Deed Re ..Oed Gated o Conem flown 0 W Foot RVrUoaa Parking Available for Rent On Site 55SIMooIL ARCHITECTURAL REVIEW ROOT: TILE. METAL. A R<HITEC TUGAL SHINGLE GARAGE: SIDE ENTRY. TWO @I CAR MIN IMVM. HO CAR SORTS COLORS: EARTH TONES SUBJECT TO ARCHITECTURAL REVIEW MINIMUM SQUARE FOOTAGE IWGSgune� IALnmum tloJer Art LnngMu 1&InSyuare Pool Oimmum under At, u.mg Are. tin Fra Floor offxv lil9or)• Ifeme —