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Home My WebLink About11-18-2020 CC MinutesMn HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, NOVEMBER 18, 2020 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Administration of Oath to Newly Elected City Council Members Ed Dodd, Jim Hill Mayor Dodd called the meeting to order at 6:00 p.m. The City Clerk administered the Oath of Office to Council Members -Elect Ed Dodd and Jim Hill. 2. Mayor Dodd called for a moment of silence and asked everyone to think of those who are trying to get the country back together again. 3. Council Member Jones led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartlan Council Member Christopher Nunn Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams City Engineer/Public Works Director Kenneth Griffin (via Zoom) Community Development Director/CRA Manager Lisa Frazier Senior Planner Robert Loring Environmental Planner Kimberly Haigler Police Lieutenant Tim Wood Police Lieutenant Constantine Sawidis ELECTION MATTERS (Transmittal) Indian River County Commissioner Laura Moss congratulated the new Council and said she looked forward to working with them. 20.102 A. Readino of Certificate of Canvassino Board Returns by the Citv Attornev The City Attorney read the November 3, 2020 Election results. (See attached) B. Call for Nominations for Mavor by Incumbent Mavor — Clerk calls roll 6 more than one nomination Regular City Council Meeting November 18, 2020 Page 2 Vice Mayor Hill nominated Mr. Dodd to serve as the mayor for the year 2020 to 2021. Council Member Nunn seconded the nomination. There were no other nominations. Ed Dodd will serve as mayor for the upcoming year. C. Call for Nominations for Vice Mavor by Newly A000inted Mavor— Clerk calls roll if more than one nomination Mayor Dodd nominated Mr. Hill to serve as the vice mayor. Council Member Jones seconded the nomination. There were no other nominations. Jim Hill will serve as vice mayor for the upcoming year. AGENDA MODIFICATIONS There were no objections to Vice Mayor Hill adding a Christmas Parade discussion under New Business, Item 13D. PROCLAMATIONS. AWARD BRIEF ANNOUNCEMENTS Presentations of proclamations, cart icates and awards, and brief timely announcements by Council and Staff No public input or action under this heading. 20.121 A. Proclamation — Small Business Saturday. November 28. 2020 — Joel Stout. Sandoioer Pest Control - Interim President/CEO Sebastian River Area Chamber of Commerce Mayor Dodd read the proclamation and presented it to Mr. Stout and Sue Skirvin. 20.048 B. Certificate of Aooreciation — Matthew Sims. Parks and Recreation Advisory Committee Service Mayor Dodd presented the certificate to Mr. Sims. Vice Mayor Hill thanked Mr. Sims for his service and said he looked forward to him coming back to the committee in the future. Brief Announcements A Public Engagement Open House on the Comprehensive Plan 2040 has been scheduled for December 2, 2020 in the Council Chambers. The Open House will include socially distanced topic tables; map displays, continuous power point presentations on screen; and staff ready to answer questions, provide information and solicit input on the Comprehensive Plan 2040. Please plan on attending one of the scheduled times at 11 am — 1 pm or at 5 pm — 7 pm on December 2nd in the City Council Chambers. Mayor Dodd announced the upcoming Comp Plan Open House and invited the public to attend. Council Member Nunn announced that Indian River County still had CARES Act assistance available for small businesses. 8. CONSENT AGENDA A. Approval of Minutes — September 28, 2020 CRA Budget Hearing & 2nd Budget Hearing —Special Meeting Regular City Council Meeting November 18, 2020 Page 3 B. Approval of Minutes — October 14, 2020 Regular City Council Meeting 20.108 C. Resolution No. R-20-30 — Ratifying a Wage Adjustment and Amendment to the Coastal Florida Public Employees Association Bargaining Agreement (CFPEA) (Transmittal, R-20-30, Amendment) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A WAGE ADJUSTMENT EQUIVALENT TO 2% FOR ALL FULL-TIME AND PART-TIME HOURLY EMPLOYEES (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) IN ACCORDANCE WITH ARTICLE 20.2 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID INCREASES TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 20.050 D. Resolution R-20-31 - Amending the General Fund Fiscal Year 2019-2020 Annual Budget for the Unforeseen Costs of $41,604.00 for Conducting the Recall Election (Transmittal, R-20-31) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN AMENDMENT TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020 FOR THE COSTS OF THE RECALL ELECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 20.122 E. Approve City of Sebastian Police Department Special Events Road Closure Requests (Transmittal, Map) 20.123 F. Approve the Piggyback Purchase and Installation of Closed Captioning Video Streaming Equipment from Encore Broadcast Equipment Sales, Inc. in the Amount of $66,511.75 with the Annual Maintenance Cost of $6,420.00 (Transmittal, Quotes, Notice, Letter, Code Sec. 2-1 0(c) (2)) 20.124 G. Approve the Lease Agreement Between the City of Sebastian and Rigaud Accounting for Office Space at the Sebastian Municipal Airport Terminal Building (Transmittal, Agreement) 20.125 H. Approve the Purchase and Installation of a Replacement Rooftop Air Conditioning Unit (RTU#2) for City Hall from Trane U.S. Inc. in the Amount of $57,964.00 (Transmittal, Proposal) 20.126 I. Approve the Purchase and Installation of Bi-Polar Ionization Cold Plasma Generators (CPGs) in the HVAC Units at City Hall and Police Department by Trane U.S. Inc. in the Amount of $42,540.00 (Transmittal, Proposal) 20.127 J. Approve the Annual Purchase of Sign Shop Materials in an Amount Not to Exceed $87,573.00 from Florida Transcor (Transmittal, Quote, Bid Tab) Regular City Council Meeting November 18, 2020 Page 4 20.128 K. Approve the Purchase and Installation of a Thor Guard Integrated Lightning Prediction and Warning System at the Barber Street Sports Complex in the Amount of $21,660.00 (Transmittal, Quote, Letter, Specs) 20.129 L. Approve the Purchase of One (1) 2021 Ford F-250 from Alan Jay Fleet Sales in the Amount of $27,651.00 for the Leisure Services Department (Transmittal, Quote, Letter, Other Quotes) 20.038 M. Approve the Annual Expenditure for the Culvert Replacement/Swale Regrading Capital Project in Amount Not to Exceed $100,000.00 (Transmittal, Minutes, Proposal, Notice, Code Sec. 2-10) 20.130 N. Approve 2020/2021 Sebastian River Art Club Show Dates at Riverview Park (Transmittal, Letter, Application, Certificate) Mayor Dodd stated that he wanted to pull Item F. He asked if anyone would like the titles of Resolutions R-20-30 and R-20-31 read to which there was no request. MOTION by Council Member McPartlan and SECOND by Vice Mayor Hill to approve Consent Agenda Items A through N, less Item F. Roll call: Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd -aye Motion carried. 5-0 Item F Mayor Dodd wanted the public to know that upon approval of Item F, closed captioning of the City's meetings would be available. MOTION by Mayor Dodd and SECOND by Council Member McPartlan to approve the purchase and installation of closed captioning video equipment for the broadcast of the City's meetings. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Motion carried. 5-0 9. COMMIT�IE REPORTS & APPQINTIV�ENTS City commi ee mp s a ounce em r region committee reports. No public Input or action except /w City committee member nominations and appointments under this heading. 20.048 A. Parks and Recreation Advisofv Committee (Transmittal, Applications, Advertisement, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired, Regular Member Position Regular City Council Meeting November 18, 2020 Page 5 MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to nominate Mr. Denise for the unexpired, regular member position passed with a unanimous voice vote. 5-0 20.008 B. Citizens Budget Review Advisory Board (Transmittal, Application, Advertisement, List) i. Council Members Confirm Their Appointees Mayor Dodd explained that each member will appoint someone to the board and two at -large positions would be filled. Nominate Two — Additional Members — Terms to Expire November 2021 The City Clerk announced that Council Member Jones had taken Harry Hall as his appointee, leaving Ms. Cards as a candidate for one of the at -large positions. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to nominate Ms. Cards for the at -large position passed with a unanimous voice vote. 5-0 Mayor Dodd announced Larry Napier would remain his appointee to the board. 20.049 C. Natural Resources Board (Transmittal, R-19-30, Plan) i. Presentation of the Sustainable Sebastian Five -Year Implementation Plan Environmental Planner Kimberly Haigler, Natural Resources Board Chairman Charles Stadelman, and Board Member Jeffrey Carrier introduced themselves and briefly went over the Sustainable Action Plan. She said with Council's support and staffs guidance, they looked forward to championing the City's continued efforts towards sustainability. Vice Mayor Hill said they have done great work which makes Sebastian great. He thanked the staff and the board members. Mayor Dodd said he is very invested with this plan and it has been a pleasure to see the board grab it and go with it, to begin a process. He announced the plan was available for review on the City's website. 20.010 D. Slonnwater Intearated Pest Manaaement Plan Update !no backuol The City Engineer said the Integrated Pest Management Subcommittee has embarked on an aggressive schedule to develop a plan for the stormwater utility. He advised the committee is composed of: Nickie Munroe, IFAS Indian River County Extension Services Ruth Callaghan, Natural Resources Board Member Thomas Canano, Natural Resources Board Member Jessica Lovell, Natural Resources Board Member Charles Stadelman, Natural Resources Board Chair Dr. Graham Cox, Advisor Brian Benton, Leisure Services Director Kim Haigler, Environmental Planner Regular City Council Meeting November 18, 2020 Page 6 He said the City's past stonmwater maintenance efforts, as well as current activities were reviewed at the first meeting and member assignments were given to research biological control methods. Earlier in the week, members toured the key stormwater assets and reviewed the draft stormwaler integrated pest management plan. They plan to meet again December 8'. Council Member Jones said he received some BOLOS regarding the Hardee Park area dated November 11 and asked if anything has been done prior to that date. The City Engineer said there is an ongoing problem in that area and they are planning to apply the WOW product. The City Manager reported that staff is trying to get a licensed applicator that can spray the restricted use pesticides and he has found a company that can take the silt and the vegetation away to use as fertilizer on farmland. He noted that before the moratorium, the cost to the City to maintain the canals and waterways was $60,000 annually. Vice Mayor Hill thanked the subcommittee for working hard on the integrated pest management plan. 20.103 E. Indian River Countv and Regional Boards/Committee Assicnments (Transmittal. List) There were no changes to the current member assignments. 20.104 F. Indian River Countv Commission Monthly Meetina Monitorinc (Transmittal.2021 Schedule) Mayor Dodd said he would take January and asked the Clerk to follow their seating order on the dais for the following months. 10. PUBLIC HEARINGS (Quasi -Judicial and Lenislativel A. QUASI-JUDICIAL HEARING 20.131 i. Resolution No. R-20-28 — Preliminap Plat for Cross Creek Lake Estates Addition Subdivision (Transmittal. R-20-28. Reoort. Minutes. ADDlication. Plat. Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKES ESTATES ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-20-08 and Mayor Dodd opened the public hearing at 6:48 p.m. Council Member Nunn stated he has had communications with Planning and Zoning Commission members. The City Clerk swore in all of those who would provide testimony. Regular City Council Meeting November 18, 2020 Page 7 Warren Dill, Attorney, representing the applicant, staled Dr. Fischer was requesting approval for a preliminary plat lot that will be amended to reduce the number of residential lots to 23 so that one lot will be converted to boat and RV storage. The project is on 25 acres, the main entrance will be off of Powerline Road, there is an emergency ingress/egress south of the existing gale and a second emergency access will be added on the southwest comer on Shakespeare Street. He requested to offset the excessive cul-de-sac length by adding an additional fire hydrant; and to forego the necessity to have street lighting by requiring each home to have a decorative yard Iantem. He noted that staff and the Planning and Zoning Commission approved the plat; and, he requested approval of the Cross Creek Lakes Estates Addition. The Senior Planner stated the plat meets the minimum requirements for preliminary plat approval with the additional fire hydrant and individual yard lamps. He said staff recommended approval with the following three conditions: A secondary point of emergency ingress/egress will be constructed prior to the final certificate of completion of the subdivision. A tree, scrub jay and tortoise survey shall be updated and submitted prior to issuance of and land clearing permit. A final stormwater design will be re -submitted with the subdivision construction plans after review and approval by SJRWMD to include their agreement on the appropriate best management practices necessary to provide adequate pollutant abatement. In response to Mayor Dodd, the Senior Planner stated there wouldn't need to be any further enhancements to Shakespeare Street. Council Member McPartlan asked if the developer could put lighting in Shakespeare for emergencies. Mr. Dill said they hadn't plan on putting any lighting there and asked to defer until they hear the result of the Fire Department's review. Council Member Nunn said he was conoemed the larger fire trucks would not fit on Shakespeare and the homeowners' association was upset that it was going to be a permanent secondary access point. Mayor Dodd said if the Fire Department turns down the plan, they would go back to the developer. The City Attorney advised the recommendations should be resolved by the time they come to the final plat. Ali Qizilbash, project engineer, noted there were additional connecting streets for the fire trucks such as Periwinkle and Lanfair. There was no one to speak in favor or opposition to the preliminary plat. Vice Mayor Hill noted this was just an extension of an existing beautiful community Regular City Council Meeting November 18, 2020 Page 8 MOTION by Vice Mayor Hill and SECOND by Council Member Jones to move approval of the Cross Creek Lake Estates Addition preliminary plat with staffs recommendations and the applicant's two variance requests. Mayor Dodd noted this was consistent with the original plat that was approved in 2004. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Motion carried. 5-0 Mayor Dodd called for a recess at 7:10 p.m. and reconvened the meeting at 7:20 p.m. All members were present. The City Attorney asked that pages 121 to 164 of the agenda backup be incorporated as part of record for the last item. B. LEGISLATIVE HEARING Mayor Dodd opened the public hearing at 7:21 p.m. and the City Attorney read the title to Resolution No. R-20-25. 20.003 i. Presentation by Corbett Alda,Y. Guardian Communitv Resource Manacement. CDBG Administrative Services Consultant Mr. Alday stated this will be the City's 2020-2021 Action Plan for the Community Block Grant to benefit low to medium income people. He displayed a PowerPoint presentation outlining the income limits and the authorized activities. He went over the City's plan to improve the sidewalks on North Central Avenue and improve two additional homes. There was no public input. 20.003 ii. Resolution No. R-20-25 — Community Develogment Block Grant (CDBG) Annual Action Plan for FY2020/2021 Public Hearina (Transmittal. R-20-25. Plan. Public Notice. Detail. 5-Yr Plan. PPT) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2020/2021 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. The Community Development Director stated they have chosen to roll the 2020-2021 dollars into the 2019-2020 dollars to have a bigger pot for the housing rehabilitation program and sidewalk extension/repair project. She requested approval. Regular City Council Meeting November 18, 2020 Page 9 Mayor Dodd closed the public hearing at 7:26 p.m. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to approve the CDBG Annual Action Plan for FY 2020/2021 passed unanimously with a voice vote. 5-0. 20.003 iii. Approve Guardian CRM, Inc. CSA #2 in the Amount of $24.148.00 for 2020/2021 Grant Administration Services (Transmittal. CSA #2. Notice. Letters) Mayor Dodd noted this was for the administration services of the grant. MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve CSA #2 to Guardian CRM. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Motion carded. 5-0 11. UNFINISHED BUSINESS 20.132 A. Discussion on Face Coverinas Due to COVID-19 (Transmittal. R-20-08) Mayor Dodd opened the discussion to the public. Andrea Ring said she was against the requirement of face coverings because it doesn't prevent one from catching the virus. Ruth Kulvesky, Founder of Indian River Freedom Coalition, said she was in favor of allowing the order to expire so employees, business owners, and the general public can decide their personal health freedoms for themselves. Bill Flynn said if the masks were so effective they wouldn't see the spikes in certain areas of the country. He asked for the freedom to make the choice and allow businesses to make their own decisions. 7:37 pm Charles Stadelman, Sebastian, said there is no telling who is sick and restaurant workers do not have the choice to walk away from possible sick people. He does not accept passing the virus onto someone because they have an attitude. He recently spoke to a doctor who stated the covering is mostly to protect the other person. He said wearing a mask is a personal choice and for those that don't want to wear a mask, don't wear a mask, but some don't want to be infected. Thomas Giglio, Sebastian, said a lot of this is government overreach that is killing the middle class; who will eventually have to survive on social programs and then the government owns you. Regular City Council Meeting November 18, 2020 Page 10 7:45 pm 7:55 pm Vice Mayor Hill said the Governor signed Executive Order 20-244 and the most critical component of the order was section 4, essentially rendering any mask mandates irrelevant and he did not believe any municipality should have a law in place that cannot be enforced. He cited section one, paragraph one of the City's Resolution and said at a minimum that section should be eliminated. He was in favor of eliminating the entire resolution but he did believe the City Manager should have the right to mandate certain requirements if you are entering a place of business. He said it was incumbent upon the people to wear a face mask. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to rescind Resolution No. R-20-08. Council Member McPartlan said he was in favor of striking the first paragraph and letting businesses decide if they want to require a mask. He said it should be up to the individual, but highly recommended for individuals to wear masks. He noted if an employee gets infected, that employee is out for two weeks and must continue to get tested before returning. The City Manager stated the penalty section must be removed to follow the County's regulation. Council Member McPartlan said that he understands everyone's passion and fear but there is no reasoning on either side. Council Member Jones said he would favor striking paragraph one and the penalty section. He read Chief Justice Roberts' recent statement regarding the South Bay United Pentecostal Church v. Newsom case: "The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact -intensive matter subject to reasonable disagreement. Our Constitution principally entrusts "the safety and the health of the people" to the politically accountable officials of the States "to guard and protect." When those officials "undertake to act in areas fraught with medical and scientific uncertainties," their latitude "must be especially broad" Where those broad limits are not exceeded, they should not be subject to second- guessing by an "unelected federal judiciary," which lacks the background, competence, and expertise to assess public health and is not accountable to the people [as we are]." Council Member Nunn said the City shouldn't be in the business of creating resolutions for the quality of life. He said every business owner should have the right to run their business as they see fit; adults should make decisions based what's best for them. Mayor Dodd said so everyone understands his position on this, his brother who didn't have preexisting conditions, died of COVID. When he thinks about the things they do for public safety, he should have the right to drive 50 mph on CR512 but he can't so it is a violation of his constitutional rights to have a lower speed limit. He said he didn't have an issue in not requiring businesses to have their employees wear masks because he just wouldn't go to those businesses anymore but the resolution is a 10 Regular City Council Meeting November 18, 2020 Page 11 8:06 pm public safety issue. He asked why they want to protect City Hall employees but not the citizens. He was not in favor of rescinding the resolution. The City Manager said if the resolution would be rescinded, he could still require City employees to wear face masks. Vice Mayor Hill noted the emergency declaration gives the City Manager the authority to require face masks at City Hall. The City Attorney was asked to research if the City Manager could require the public entering City Hall to wear a face mask. The City Manager asked that paragraph two requiring masks in City Hall remain in place. AMENDED MOTION by Vice Mayor Hill to rescind section one, paragraph one from R- 20-08 and any discussion relative to enforcement. The City Manager said if someone wanted to come into City Hall but not fill out the COVID questionnaire, have their temperature taken, and wear a mask they would have to meet outside or in the lobby area outside the entrance into City Hall. Council Member Nunn rescinded his SECOND on the original motion. Council Member McPartlan SECONDED the AMENDED MOTION. Roll call: Vice Mayor Hill - aye Council Member Jones -aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 20.105 B. Ap)rove the Decrease of Ferreira Construction's Contract Price and Recognize the Chanae in Fundino Allocation for the Fisherman's LandingShoreline Protection and Parkina Improvements Project (Transmittal. Chanae Order. Letter of Aoreement) The City Manager said originally there was some anticipation that Fisherman's Landing was going to put money into project but that did not come to fruition therefore value engineering was completed to reduce labor costs to finish the project. MOTION by Council Member Jones and SECOND by Vice Mayor Hill to approve the decreased contract price with Ferreira Construction for Fisherman's Landing project. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Motion carried. 5-0 12. PUBLIC INPUT Grace Reed, Sebastian, thanked Council for their dunk tank expertise at the Celebrate Sebastian Event. She noted it was a beautiful event. II Regular City Council Meeting November 18, 2020 Page 12 Zoom Input Bill Simmons, Sebastian, congratulated Mayor Dodd and Vice Mayor Hill on their re- election to Council. 13. NEW BUSINESS 20.120 A. Approve CSAs #6-10 with Ranaer Construction Industries for FY20/21 Milling and Resurfacina in Amount Not to Exceed $115,318.60 (Transmittal. CSAs) The City Manager said these continuing service agreements were part of the six -year Pavement Master Plan and asked for approval. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to approve CSAs #6- 10 with Ranger Construction for milling and resurfacing. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Motion carried. 5-0 8:1g pm 20.010 B. Notification of Emeroenc Purchase of Kubota Tractor from Florida Coast Eauiomenl for Rapid Resoonse toVitormwater Maintenance and Repair in the Amount of $28.338.00 (Transmittal. Certificate. Quote) The City Manager said he authorized this purchase under the Emergency Declaration to get into the smaller ditches to address flooding and clean out some of the canals. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the emergency purchase of the Kubota tractor. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones -aye Council Member McPartlan - aye Motion carried. 5-0 20.133 C. Review and Consider 2021 Citv Council Meetina Dates (Transmittal. Calendar) MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to cancel the November 24 and December 22 meetings and hold meetings on November 17, 2021 and December 15, 2021 passed with a unanimous voice vote. 5-0 Added D. Christmas Parade Mayor Hill said he has had conversations with organizers who would like to see a Christmas Parade and asked for approval to have the parade on December 11 at 6 p.m. if he could get things worked out. 12 Regular City Council Meeting November 18, 2020 Page 13 MOTION by Mayor Dodd and SECOND by Council Member Nunn to authorize Vice Mayor Hill to coordinate the December 11' parade, authorize the City Manager to close the appropriate streets, and provide the support necessary passed with a unanimous voice vote. 5-0 14. CITY ATTORNEY MATTERS The City Attorney announced he was back from a brief absence. He asked Council to think about who they might want to appoint to the Charter Review Committee. He stated the meeting procedures resolution would be on the next agenda to see if they wanted to make any changes to their meeting format. He also said that he would like to present a Sunshine Law and Public Records PowerPoint to them at a future meeting. It was the consensus of Council to have the presentation prior to the next Council meeting. 15. CITY MANAGER MATTERS The City Manager announced that to date, the City has expended $551,143.26 of CARES Act funding and there is $373,178.74 remaining. The City has only received eight applications for the rent/housing assistance and asked to look at other avenues to expend the remaining funds before December 31' N the City does not receive any more rent/housing assistance applications. Council confirmed that he was granted the authority to look at other avenues. He reported there are two mini reefs installed at Crab E. Bills' dock so staff will watch to see how they evolve over the next year. The City Manager requested more applicants for the Septic to Sewer grants. Mayor Dodd suggested this might be the opportunity to put a time frame to require sewer hook-up or advise businesses how much they would be approved for to garner more interest. 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Council Member Jones asked if the public is allowed to use the smokehouse at Crab E. Bills Seafood. The City Manager advised it is not open for public use; it is part of the Fisherman's Landing and Crab E. Bills' lease. B. Council Member McPartlan wished everyone a Happy Thanksgiving. C. Council Member Nunn encouraged citizens to stop political fighting, start talking again and leave politics out of the conversation; remember why they live in this paradise. He said he understood what it took to get here and they can never forget what it look to get the City back but they can't continue to relive that over and over again. He called for unity in Sebastian to let the healing begin. He encouraged everyone to find some niceness and peace in their hearts. D. Council Member Hill thanked everyone for putting their trust in him; he will do his best to do what is right; and, wished everyone a Happy Thanksgiving. 13 Regular City Council Meeting November 18, 2020 Page 14 E. Council Member Dodd noted that he asked each of them to review the Florida League of Cities Policy for the upcoming legislative session. He stated some of the policies that the Florida League of Cities will be promoting is to take away some of the state's limitations on annexations, sales tax issues, and other things. He advised it was all about local government making local decisions, which was important. He said he was thankful for everyone that voted for him and that he too, will try to live up to the trust the people have placed in him. 18. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:41 p.m. Approved at the December 9, 2020 Regular City Council Meeting Mayw Ed Dodd -_ - - ATTEST.,- ,lA6n 14 ona SEA HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: 18 November 2020 Aaenda Item Title: Resolution R-20-28 approving Cress Creek Lakes Estates Addition Subdivision Preliminary Plat- quasi-judicial hearing. Recommendation: Move to approve Resolution R-20-28 and two requested adjustments. Backaround: Cross Creek Addition Inc. has fled an application for preliminary plat approval for the Cross Creek Lakes Estates Addition Subdivision, located in the vicinity south of Barber Street and west of Schumann Drive- along the approximate SW corner of Yearling Trall, adjacent to the Cross Creek Lake Estates Private Subdivision. This addition of the private subdivision Includes 24 lots, the master stormwater system, open space tracts, sidewalk, and utility easements. Per Section 544-191(d) Adjustments, the applicant is seeking relief from two (2) items, the first being the requirement for cut de sac length not to exceed the 600' limitation found in 54-4-19.11 Required improvements and design criteria, and the second request Is for relief from street lights being required under 544-19.12(c)(1) Location of Street Lighting. The staff report contains information to the request, and how the applicant intends to meet the tenants of the subdivision code. The Planning and Zoning Commission held a public hearing at their September 17" 2020 meeting date and recommended approval with a final vote of 5-2, with three (3) conditions. Residents from the Cross Creek Lakes Estates subdivision were present, and submitted a letter and neighborhood petition, which is enclosed. If Agenda Item Reauires Exoendlture of Funds: N/A Total Cost: Fund to Be Utilized for Appropriation: Administrative Services Depa t Revie Cloy Attorney Review: r/ Procurement Division R view, rf required: Attachments: 1. Resolution R-20-28 2. Staff Report 3. Minutes from Planning and Zoning Commission 4. Development Application 5. Preliminary Plat 6. Survey City Manager Authorization: Date: .2 IL0 !� 121 of 240 RESOLUTION NO. R-20-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKES ESTATES ADDITION; PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, Cross Creek Addition Inc. has filed an application for approval of a preliminary plat for a subdivision known as Cross Creek lakes Estates Addition Subdivision; and WHEREAS, said development plan and plat comply with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the preliminary plat for the Cross Creek Lakes Estates Addition Subdivision as prepared by Tahir Qirilbash, P.E., bearing the seal and date of November 6, 2020, as maintained on file in the City Community Development Department, subject to the following conditions: The developer must construct an emergency access entrance at the southwestern end of Yearling Trail by Shakespeare Street (See Exhibk'A') prior to final certificate of completion for the Cross Creek Lakes Estates Addition Subdivision. The emergency access areas shall be reviewed and approved by the City Engineer and City Staff and submitted as a part of the Construction Plan set for Cross Creek Lakes Estates Addition. The emergency access arms shall match material finishes and landscaping materials similar to those items already found at the site. The maintenance of the emergency access entrance shall be the responsibility of the Cross Creek Lakes Estates Subdivision. The emergency access must be converted to a secondary point of ingresslegrem for the Cross Creek Lakes Estates subdivision if future improvements to Shakespeare Street occur and be constructed in accordance with City of Sebastian design standards. b. A current tree survey, scrub jay, and tortoise survey in accordance with Fish and Wildlife Service guidelines shall be updated and submitted prior to issuance of any Land Clearing Permit. c. The final stormwater design shall be re -submitted with the subdivision construction plans after review and approval by SJRWMD including their agreement on the appropriate 'Best Management Practices' (BMPs') necessary to provide adequate pollutant abatement. 122 of 240 Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution maybe renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 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: Councilmember Ed Dodd Councilmember Jim Bill Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nuun The Mayor thereupon declared this Resolution duly passed and adopted this 1 S1° day of November, 2020. CITY OF SEBASTIAN, FLORIDA By: Mayor ATTEST: Jeanette Williams, MMC City Clerk Approved as to form content for Reliance by the City of tian y army n Jr., City Alto y 123 of 240 EXHIBIT `A' EMERGENCY ACCESS MAP: 124 of 240 mcf SEBAST,N HOME OF PELICAN ISLAND Growth Management Department Preliminary Plat Approval Application - Staff Report 1. Project Name: Cross Creek Lakes Estates Addition Subdivision 2. Requested Action: Preliminary Plat approval for 24.4 acre subdivision 3. Project Location a. Address: In the vicinity south of Barber Street and west of Schumann Drive - along the approximate SW corner of Yearling Trail, adjacent to the Cross Creek Lake Estates Private Subdivision, along a future street to be named 'Flags Path'. b. Legal: A meets and bounds legal description describing the area for development was provided by the surveyor and is enclosed as Exhibit'C' in this staff report. C. Indian River County Parcel Number: 31-39-30-00000-5000-00002.0 4. Project Owner: Henry A. Fischer Cross Creek Addition Inc. P.O. Box 780068 Sebastian, Florida 32958 (772) 589-3159 fax: (772) 589-7731 5. Project Agent: Same as Engineer 6. Project Engineer: Mr. Tahir H. oizilbash, P.E. 103 Barbara Court. Sebastian, Florida 32958 (772) 589-6879 fax: (772) 388-0428 7. Project Surveyor: William B. Zentz 8 Associates 684 Old Dixie Highway Vero Beach, Florida 32962 (772)567-1751 8. Project Description a. Narrative of proposed action: Mr. Henry A. Fischer is seeking approval of a 24.4 acre tract to be split into 24 residential lots (See Exhibit'B').The approximate 125 of 240 location of the proposed development is in close proximity of previously approved residential subdivision known as Cross Creek Lakes Estates. The property is currently designated VLDR (Very Low Density 3 units/acre) and correspondingly carries a zoning of RS-10, Residential Single Family use designation. The proposed Cross Creek Lakes Estates Addition is proposed to contain 24 single family residential lots with minimum lot size of 16,000 SF; thus a proposed density of 1.02 units/acre, which is below the 3 unitstacre permitted within the VLDR category. The proposed project also Includes future improvements, including a secondary emergency access along the western end of Yearling Trail, and storm water retention improvements located on and around the subject property. b. Current Zoning: RS-10 C. Adjacent Properties Zonin Current Land Use Future Lend Use North: RS-10 Single FamilyNacant VLDR East: RS-10 Single FamilyNacant VLDR South: A-1 Vacant R (County) West: A-1 Residential/Vacant R(County) d. Site Characteristics (1) Total Acreage: 24.4 acres (2) Current Land Use(s): Vacant (3) Soil: Oldsmar, Pepper (4) Vegetation: Mostly cleared, Oak, Pine, & Palm (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Barber Street-3/4 mile (9) Police/Fire: Sebastian Police-4 miles County Fire -'Y4 mile 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent C. Housing: Consistent 126 of 240 d. Public Facilities: Consistent e. Coastal Management: Consistent f. Conservation: Consistent g. Recreation and Open Space: Consistent 10. Contents of Preliminary Plat: a. name of subdivision: Cross Creek Lakes Estates Addition b. vicinity sketch: Provided C. legal description including section, township and range: provided by survey (See Exhibit'C') d. north arrow graphic scale: Provided e. date of preparation Provided — August 2020 f. name, address, and telephone of applicant: Provided as listed above g. name, address, and telephone of owner of record: Provided as listed above h. name, address, and telephone of mortgage holder: N/A L statement that they will join in the dedication: Provided j. name, address, and registration number of engineer: Provided as listed above k. name, address, and registration number of surveyor: Provided as listed above I. name of adjacent subdivisions, if any, including plat book and page number reference: Provided M. names of owners of record of adjacent acreage: Provided n. contour map including a perimeter strip up to 150 feet in width. Provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: Provided P. name, aliment and width of all existing and proposed streets, alleys, rights - of -way or easements including name, right-of-way width, street or pavement width and established center line elevations: Provided q. all existing and proposed property lines, easements and right-of-ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: Provided 127 of 240 r. access points to collector and arterial streets showing compliance to the access requirements: Provided S. all existing drainage district facilities and the ultimate right-of-way requirements: Provided I. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: Provided U. a statement that all utilities are available and have been coordinated with all required utilities: Provided V. sites proposed for parks, recreational areas and schools: Provided W. location of all temporary structures or permanent structures having a temporary use: N/A X. If borders public water, delineate the mean high water line: N/A Y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: Provided Z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: Provided as. block perimeter returns at block corners or other block line intersection: Provided 11. Required Supplemental Information a. existing land use policy and proposed policy changes: Provided b. on -site wastewater disposal data: Provided C. surface water management plan: Provided d. traffic impact analysis: Provided e. required park land and/or facility improvements: Provided f. required potable water improvements: Provided g. required wastewater improvements: Provided h. erosion and sedimentation control improvements: Provided I. reference to required improvements I. access: Provided ii. alleys: N/A 128 of 240 Ill. blocks: Provided iv. bridges: N/A V. comprehensive storm water management system: Provided vi. easements: Provided vii. lots: Provided viii. seawalls, bulkheads, piers and docks: Provided ix. soils: Provided X. streets: Provided A. bicyclelpedestrian paths: Provided xii. off-street parking areas: Provided All. utilities: Provided xiv. utility installation: Provided xv. central water system: Provided xvi. central wastewater system: Provided xvii. individual sewage systems: N/A xviii, water and sewage treatment and processing plants: N/A xix. median strips and entranceways: Provided M. traffic control devices: Provided xxi. monuments: Provided xxii. commercial and industrial subdivisions: N/A xxtii. mobile home subdivisions: N/A J. schedule of multiple phases: not applicable 12. Fee paid Provided 13. City Engineer's review: Construction Drawings and Plan review will be reviewed by the City Engineer as required prior to release of construction permits. Additionally, plan details concerning construction of the emergency access will be required prior to final approval of the proposed subdivision. 14. Other Matters: In accordance with Article 19 - Subdivision Land Development Regulations, two points of ingress and egress are required for all subdivisions. The Preliminary Plat outlines a singular point of ingress and egress for the Cross Creek Lakes Estates Addition at the Intersection of Flags Path and Yearling Trail at the northernmost center of the property. Public means of ingress and egress may be located along the same arterial or collector street so long as said points are separated by a minimum of 1,000 feet. The subject property must include an emergency entrance along the south-westem corner of Yearling Trail intersecting onto Shakespeare Street to meet this requirement, and will be required to be completed prior to any final certificate of completion for the newly created subdivision (See Exhibit'A'). The Cross Creek Lakes Estates Subdivision will be responsible for the maintenance of the Emergency Access Entrance- it should be noted 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/exit when Shakespeare Street is modified to meet current standards. The Board may wish to mandate that the emergency access entrance have "improved landscaping", along with a fence with an approved gate that matches similar finishes and landscaping already found at the perimeter of the site. 129 of 240 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. The applicant is also seeking an adjustment from Article 19- Subdivision Land Development Regulations (Specifically, Section 54-4-19.11) for a Street Light requirement along the proposed street to be named Flags Path. The owner has placed provisions requiring property owners to place and maintain a lamp post on each developed property that is activated by a photo cell. The lamp -post must be kept operational and placed on private property as dictated by the proposed covenants and restrictions for the newly created subdivision. It shall be the individual homeowner's responsibility to maintain each lamp post. A copy of the proposed covenants and restrictions outlining the use of lamps posts for the proposed subdivision is enclosed with this staff report (See Exhibit'D'). The applicant is seeking an adjustment from Article 19- Subdivision Land Development Regulations limiting the length of a cul-de-sac from 600'. The intent of the Land Development Regulations limiting cul-de-sac length was to ensure fire department access to all properties, and was limited by the amount of hose length, which at the time the Land Development Regulation was adopted, was limited to 600% As the proposed subdivision has two (2) fire hydrants, one proposed on the SW comer of Lot 21, and the other at the SW comer of Lot 15, Staff feels that the entire subdivision has adequate fire protection, and thus can support the oul-de-sac length to exceed the 600' limitation. The proposed roadway and cul-de-sac for Flags Path is approximately 1020' in length. 15. Analysis: The property is currently designated VLDR (Low Density 3 units/acre) and correspondingly carries a zoning of RS-10. The property is vacant, and is slated for subdividing to permit residential units along the perimeter of the property. Cross Creek is proposed to contain 24 single family residential lots with minimum lot size of16,000 SF lot size, thus a proposed density of 1.02 unitslacre, well below the 3 units/acre permitted within the VLDR category. 16. Conclusion: The proposed Cross Creek Lake Estates Addition Subdivision is consistent with all applicable state and local laws with respect to subdivision development, Including provisions contained within the Comprehensive Plan and Land Development Code. IT. Recommendation: Staff recommends that the Commission recommend approval to City Council the Cross Creek Lakes Addition Subdivision Preliminary Plat with the following conditions; 1. Construction of an emergency access entrance will be required at the western end of Yearling Trail & Shakespeare Street prior to final certificate of completion for the Cross Creek Lake Estates Addition Subdivision. The emergency access area shall be reviewed and approved by the City Engineer & City staff, and submitted as a part of the Construction Plan set for Cross Creek Lakes Estates Addition. The emergency access area shall match material finishes and landscaping material similar to those items already found at the site. The maintenance of the emergency access entrance shall be the responsibility of the Cross Creek Lakes Estates subdivision. The emergency access must be converted to a secondary point of ingresslegress for the 130 of 240 Cross Creek Lakes Estates subdivision when improvements to Shakespeare Street have been completed meeting City of Sebastian design standards. 2. A current tree survey, and scrub jay and tortoise survey in accordance with Fish and Wildlife Service guidelines shall be updated & submitted prior to issuance of any Land Clearing Permit. 3. The final stormwaler design shall be re -submitted with the subdivision construction plans after review and approval by SJRWMD including their agreement on the appropriate 'Best Management Practices' (SMP's) necessary to provide adequate pollutant abatement. EXHIBIT'A' EMERGENCY ACCESS MAP: 131 of 240 EXHIBIT'B' PROPOSED SUBDIVISION LAYOUT: 132 of 240 EXHIBIT'C' LEGAL DESCRIPTION: FROM THE CENTER OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA, RUN 89 DEGREES.32'01" WEST ALONG THE NORTH BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION 20 A DISTANCE OF 1163.97 FEET TO THE POINT OF BEGINNING: THENCE RUN SOUTH 00 DEGREES, 9'57" EAST A DISTANCE OF 1336.24 FEET TO THE QUARTER -QUARTER -LINE; THENCE RUN SOUTH 89 DEGREES 50'01" WEST ALONG SAID QUARTER -QUARTER LINE A DISTANCE OF 835.12 FEET; THENCE RUN NORTH 0 DEGREES 5'51" WEST A DISTANCE OF 1331.88 FEET TO THE NORTH BOUNDARY OF THE SOUTHWEST QUARTER; THENCE RUN NORTH 89 DEGREES 32'01" EAST A DISTANCE OF 833.55 FEET TO THE POINT OF BEGINNING. TS As rfecorded in the public c Reco a o� a ey R. Smith, Clerk of Court, Indian River County FL, Book 2665, Page 1264, Page 1 of 91. "SECTION 15. POST LAMP. Each Lot on which there is a Residence shall have a post lamp located in the front yard. The post lamp shall be Installed prior to the issuance of the Certificate of Occupancy for the Residence. The post lamp shall be operated by a photo cell. The post lamp is required to be lighted during all non -daylight hours. The location and intensity of the light shall be subject to approval of the Architectural Control Committee". R• PR $��. DATE 133 of 240 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINIS SEPTEMBER 17, 2020 C O 1. Call to Order — Chairman Reyes called the meeting to order at 6:00 p.m. .0 rr, � .0 2. Pledoe of Alleciance was recited by all. _roE A 3. Roll Call to U< Present: Mr. Roth Mr. Chdstino (a) ' Mr. Simmons Mr. Oizilbash �y C Ms. Kautenburg (a) Mr. Hughan ,Q'C Mr. Carter Mr. Alvarez a) O Mr. Reyes W 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 Bmoke-Reese, MIS Manager Ms. Janet Graham, Technical Writer (Zoom) / Ms. Mara Schiff, Indian River County School Board liaison, was not 4. Announcements and/or Acenda Modifications -- None 5. ADDroval of Minutes: Regular meeting of August Chairman Reyes asked If anyone had change or corrections to the Minutes as presented. Mr. Roth asked for changes to be m efor purposes of clarification and future notice as follows: a. On Page 7, under Public In , he would like after the words Open Space Element the words Inserted: her in person in Council chambers or via Zoom." 6. On Page 7, where VI Young is idemified, the words (in person in Council Chambers) should be ded. c. On Page 7, wh Dr. Graham Cox Is Identified. the words (via Zoom) should be added. Chairman Rey called for a motion. A motion to approve the Minutes as presented with the three n ions as listed above was made by Mr. Roth and seconded by Mr. Simmons. Roll Call 8 E E 55 134 of 240 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF SEPTEMBER 17, 2020 Mr. Qizilbash — MCarter s Mr. Roth -- Mr. HugW Yes Mr. Reye Yes Mr. arez — Yes Mr. mons — Yes Vote was 7-0 in favor. Motion carries. 6. Quasi -Judicial and Public Hearinas A. Public Hearing — Recommendation to City Council — Subdivision Preliminary Plat — Cross Creek Lake Estates Addition — 25 Acres, 24 Lots — Powerime Road/Yeading 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. Christmo (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 comer of Yeading Trail going to Shakespeare Street. There Is a U-shaped stormwater retention area which is large enough to handle all the stormwater drainage. They are also proposing an ouffall 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. 135 of 240 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 berth 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 H 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. Chdstino, 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 staled 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. Chdstino: Regarding the drainage of stormwaler, 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 0 that is correct. Mr. Qizilbash stated that is correct. Mr. Chdstino asked if St. John's Water Management is going to be Inspecting the way the developer is going to filler that water. Mr. Qizilbash answered yes, there will be another permit from St. John's. Regarding the emergency egress onto Shakespeare, Mr. Chdstino was there and looked at iL He staled it looks like what was supposed to have been an established buffer between Shakespeare and Yearling Trail has been allowed to fall into 136 of 240 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. Qiziibash 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. Chdstino 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. Qiziibash 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. Qiziibash 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 if that 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 gel 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 comer of Yearling Trail. That Is only to be used if something prevents the main entrance from being used. • Mr. Roth staled he understands that it is the City's responsibility to create a two- lane road there where it currently is a one -lane road. He stated his understanding 137 of 240 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. Qlzilbash 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 ingresslegress 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. Alva rez: arez: • 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 Isjust 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: 138 of 240 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. Chdstino 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. Qizllbash stated each section Is 20 feel 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 inoorporagng Lots 1 through 13 on this site. • Asked about the other emergency exit out of this subdivision. Mr. Qizllbash 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. Qizllbash 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 berth 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 Eucharme 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. 139 of 240 PLANNING AND ZONING COMMISSIONILOCAL 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 dosed 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 corner 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 140 of 240 PLANNING AND ZONING COMMISSIONILOCAL 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 Powedine 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 outthatway. She is not aware ff 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 tum 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 Powedine. 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. Chdstino 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. 141 of 240 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF SEPTEMBER 17, 2020 Mr. Chdstno asked Mr. Cizilbash 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. Qlzilbash H 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 vole with a comment that a does not feel adequate planning has gone into where the emergency access is. Unfinished Business — None 8. Public Inoul (vie Tim Barnes staled he w ed to add something before the Commissioners voted, but he was not recognized. t la out of order, he stated he would not bring it up. There being one else to give public Input, either in chambers or on Zoom, Chairman Reyes clo d Public Input. New Business — None 142 of 240 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. **(handboard 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 HOP, 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%xlt when Shakespeare Street is madded 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 became 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 anew gate. We believe that for safety and security reasons any gate installed needs to match the height and integrity of the existing fencing and frontgate. 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 he 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 ofthe approval process. We, the homeowners, ask that it not only be mandated, but that it be noted that all 143 of 240 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 concems, we respectfully request that you withhold approval of this Preliminary Plat. Thank you Jane and Tony Levinaky 103 Yearling Trail Lesilleand George Knight 107 Yearling Trail Joann and Glen Crowder 107 Rawlings Path Nina Reeder 103 Rawlings Path Patty and Dave Singewald 101 Rawlings Path Debbie and Bob DatrVmpW 104 Micanopy, Path John CVzewski 207 Yearling Trail Mary and Bob Rogers 109 Min nopy Path Ann and Paul Abatl 317 Yearling Trail Maria and Pablo Molina 403 Yearling Tall Michael Golis 106 Aeolian Harp Path Jan and John Garrison 307 Yearling Trail Diane and Charlie Koeppel 321 MiYearlin��Trail _ chele and Lenny Ducharme 507 Yearlin Tail Colleen and Ivan Scerr1108 Aeolian Harp Path Jacque and John Bennis 109 Aeolian Harp Carol and John Blile 609 Yearling Trail Denise and Donald Anderson 705 Yearling Tail Shizuko and Len Thiessen 717 Yearling Tail Rhonda and Jim Spencer 724 Yearling Trail Nancine Vitale 607 Yearling Trail Colleen and Joe Wiikowsk1629 YearlingTrail Kathi and Ken Armstrong 715 Yearling Trail Wendy and Tim games 721 Yearling Trail Carol and Dave Luscher 805 Yearling Trail Teffy and Ivor Mills 811 Yearling Trail Desiree and Kevin McCloskey 903 Yea ding Trail Nancy and Vincent LaRocca 915 Yearling Trail Pat and Alan Disher 929 Yearling Trail Deborah and Leo Bond 931 Yearling Trail Angela and Mark Piccirillo 952 Yearling Trail 144 of 240 ATTACHMENT 1 ADVERTISING SAMPLES Cross Creek Lake Estates Sebastian, Florida Deed Ratne ed. Gated. Cmom Roma 40 fl RV/BaQ P bins AvUl. foe Rem On -Sim- $35pea Monlh J� Current website at httpsl(realtvpinam site.com(crosscreeklakeestate/ale-aerWml- Informatlon: CROSS CREEL: LAKE F.S'IAI'LS CRO6E CREFK EAKF EFTL TEf ♦l ftEvtEW I Relal TILE, [ MefaN. I. f GRgfO[ 1N po1 eXlll� a± IRI \X MaM IM V M /.Re MIRIL eL1VR ItFf VIfp YEI[eee MINIMUM SQUARE rOOTAOE 145 of 240 ATTACHMENT 2 IDENTIFIED STORAGE AREA (NOW LOTS 23/24) a �r 146 of 240 ATTACHMENT 3 MINUTES 2017 ANNUAL MEETING i Tw Armed H,111.: of 'hh Go,_ml 10vn1 ue..u,. '. bl v .nRr L II: Lad�r F I S V'kmnrQ SIru.I Selw:en, Fl.eii'.: 10 PmrEr,n Ilevr {.,;Ircn ii!rl�<r eellrM fir im 1 i. 1, Iin- nµ lwccrw. eM ORcna.<rt lu murv6u. Nsrn� /u ow , V,. PnuMu k.Ia.rro ❑R!10P. 11l>ornm. "II., A. S<er<ur 1, 6uunu Rzlryl Cvnlmmlli, Dnsw eM Ilnvy nmhnny fmlr.+ ninuw IM Wlwa.I Scnern CY ie A Genie+ anuurcx] 4M.i In. :..n Aura of Ri: r. Nrkem n rtPro.iJ<a an wnabtltlrn_ Irc yu. e.n�. nr..nw.i. - .\ILyvl: <•u<Ilu<ux 4'J Vd vutlr.I ,u6noru , L i _v en • 'liyfe . (vr •irFxl Nye {y�L Ju uinrdu.:.. f_.I �6.:.. 147 of 240 2018 Minutes -� MINUTES OF THE ANNUAL MEETING OF THE GENERAL MEMBERSHIP OF CROSS CREEK LAKE ESTATES HOMEOWNER'S ASSOCIATION, INC. The Annual MeoanB of the General Merllbership of Croea Crook Leke Eatatee Homeownale Association. Irw.. (`Aseochnlcd) "a caked to order M 3'.10 pm on MY 26. 2018 at the EM Lodge. 131 S. Fleming bbntst Sebastian, SofWa 32080 The PmatdanL Henry Andrew Ftaghet celled the mae{irg to order M 3:10 Pm The foiloMlrp Director; and Officers were in attendance - Henry Andrew Fischer, President and Director, Charles A. Cramar. Director, Vice President, Secretary and Treasurer Also Present "a Attorney Warren Diu T0B Assocuen..= E--•-. .. against the HOA 1 !hn R Ixrel1 21)JDsieWissinc`er-T11YeaWa� Dllle ;toed i�re4lm 4 ab was oil with the Ch. �--• - 148 of 240 0 v N O V N WN V U Q H W W Z W Q k� Z W C. K_ V ATTACHMENT 5 PLAT 1 SUBMISSION CROSS CREEK LAKE ESTATES PLAT ONE - -21F.... •.tiii?. r._�:-'i_)-`.'.g�{�S?��.'s�.� 17 iy -!•. •� y: :LOBS CREEK LAa ESTATES PLAT ONE _ 1 TRACT K CURRENT ENTRANCE 150 of 240 ATTACHMENT 6 GOPHER TORTOISE HABITAT Gopher Tortoise at 507 Yearling Trail directly across from Planned Emergency Access Point 151 of 240 a \�� \ \\\� \ I r emit Application No. SEBAST" City of Sebastian Development Order Application MJ111YryLK�M1iUM 1 1 I eplicant (If not owner, wr tten authorization (notarized) from owner is required) ame: Henry A. Fischer CkoSS PA? xX AODrrTer\- r.,C . Address: ' 10725 US Highway 1, Sebastian, Florida 32958 Phone Number: ( ) - FAX Number: ( ) - (772) 589-3159 (772) 589-7731 E-Mail: hfischer(a?wedig0oride.com Owner Ilf different from applicant) Name: SAME AS APPLICANT Address: Phone Number, ( ) - FAX Number: E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SLU LL BE INCLUDED. ARACH 1'HE APPROPRIATE SUPPLEMETAL INFORMATION FORM. L. Project Name (if applicable): I B. Site Information Address: Yearling Trail, Sebastian, Florida 32958 (Addition to Cross Creek Lake Estates) Lot. Block: Unit Subdivision: Indian River County Parcel #: 31-39-30-00000-5000-00002.0 Zoning Classification: RS-10 Future Land Use: Existing Use Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): Preliminary Plat for Cross Creek Lake Estates Addition DATE RECEIVED: /-'VJR FEE PAID: $-� RECEIVED BY. 153 of 240 I I D. Project Personnel: I Agent: Name: Henry A. Fischer Address P.O. Box 780068, Sebastian, Florida 32958 Phone Number: ( ) - FAX Number. (772) 589-3159 E-Mail: hfischer@wediggorida.com Attorney: Name: Warren W. Dill Address 1565 US Highway 1, Sebastian, Florida 32958 Phone Number: ( ) - FAX Number: (772) 589-1212 E-Mail: wdlildelaw@bellsouth.net Engineer: I Name: Tahir H. Oizilbash, P.E. Address 103 Barber Court, Sebastian, Florida 32958 Phone Number: ( ) FAX Number: (772)589-6879 E-Mail: Surveyor: Name: W. B. Zentz & Associates, Inc. r crmit Application No. (772)589-7731 (772)589-5212 (772) 388-0428 Address 684 Old Dixie Highway, Vero Beach, Florida 32960 Phone Number: ( ) - FAX Number. ( ) - (772) 567-7552 (772)567-1751 E-Mail' billz-wbz@mmcast.net 1, Warren W. DIII , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill WHO IS PERSONALLY KNOWN TOME OR PRODUCEn ASIDENTIFICATION, THIS _e� DAYOFIT",. ,20-1k.. 'Willfll" NOTARYs SIGNATURE ��- L- L/Lln J.I �i>a� :�`Y`M C]F��'�fS>i>eRErA ]„yT PRINTED NAME OF NOTARY p.�.I' M !�r..A., mnLa_ -0�Y"3OH YY COMMISSION NO./ExPIRATION = SEAL: * : :G0"2 I rermit Applicalion No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Pr-K f CI T 46LA4A ., BOARD/COMMISSION OF THE CRY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY ANO VIEW THE PFIOPER N CONNECTION WITH MY/OUR PENDING APPLICATION. IIWE HEREBY WAIVE ANY OBJECTION OR DEFENSE ME MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CRY OFF SEBASTIAN. "SIGNATURE �J DATE Sworn to and subscribed before me by Warren W. Dill who is personally known to me or prpdycad nl A as identification, this ,;l5" day of `�Y1Tccy_ 20Jfr . Notary's SignaturePrinted Name of Notary Commission No./Expiration �~c Ir ��J��%X 0M'SHf kq� Seal _`: iiatHa&Oo g o �:s �cauxz 155 of 240 Preliminary Residential Plat/Plan Full'i.d PI-M provided for antler separate cover CROSS CREEK LAKE ESTATES ADDITION SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA I oL, !' PRFLMMMV PIAT - 4' SEEENBWTIM. FLWiArE9 R001TION �I�i��i��i &I DO ION"YoU _- __ _____________----.. A f i t Hu o, C = Ili I f � i x; _ �3AgM Or- 1 pa iMtIIM N2� O� 'Le[il.' 'JJiF/1LCCAYERIW CY155 EECIpN pEfN45++ hMI y PJ—Q I -a. �� -- _.. I ' rta Ir -- ------ --------------- I - +.. F' flit I -- I � f f l J l l fry. s „—„—_ � nossc�xisxe esrn,Eswoma+ .... •.. '(11 g.� :n L�In .-. � �j�w+suw,iwwvmnm wwtsw.H� -' 11 sssasnwv ri.oww II will 4 •_4 � ...E ill�m� m'fym ' o ovµn�w.�ar "arm rr-,. C.YC RFCEIyED gjL d_u ie L �.r caixa/=W`wunm W�= CRY OF SEBASTL4 SN -.y HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MEMBER OATH OF OFFICE I, Ed Dodd, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will faithfully perform the duties of the office of Council Member for the City of Sebastian of which I am now about to enter, so help me God. Ed Dodd Sebastian City Council Member Sworn and subscribed before me by physical presence this 18th day of November, 2020. Mr. Dodd is personally known to me. J ette Williams, MMC City Clerk , W111,,,•,_ o" AIL: .= i m or SEBASn_" HOME OF PELICAN ISLAND SEBASTIAN CITE' COUNCIL MEMBER OATH OF OFFICE I, James A. Hill, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will faithfully perform the duties of the office of Council Member for the City of Sebastian of which I am now about to enter, so help in ' od. 4 James rcity SebastCouncil Member Sworn and subscribed before me by physical presence this 18th day of November, 2020. Mr. Hill is personally known to me. 4J�ne�tbe Williams, MMC City Clerk :�GS:27443 i o