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HomeMy WebLinkAbout10-14-2021 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OCTOBER 14, 2021 I. Call to Order -- Vice -Chairman Alvarez called the meeting to order at 6.9' II. Pledae of Alleoiance was recited by all. III. Roll Call 1p Present: Ms. Kautenburg Mr. Christino (a) d Mr. Carter Mr. Qizilbash C Ms. Jordan (a) Mr. Alvarez qj Not present: Mr. Roth — Excused f Mr. Hughan -- Excused f Mr. Simmons — Excusedco ) Also Present: Ms. Dom Bosworth, Community Development Manager Ms. Michelle Faulkner, Planner Mr. Manny Anon, Jr., City Attorney Mr. Joseph Perez, AV Technical Assistant Ms. Janet Graham, Technical Writer (Zoom) Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications Mr. Alvarez announced that Mr. Hughan, Mr. Roth, and Mr. Simmons are all excused from this meeting. Mr. Christino and Ms. Jordan will be voting in their places. V. ADDroval of Minutes — None VI. Quasi -Judicial and Public Hearinas A. Public Hearing -- Recommendation to City Council — Preliminary Re - Plat of a Portion of Tract C, Sebastian Lakes Unit 1, for a Project Known as Brooks' 512 Commercial Development -- A Two -Lot Subdivision -- PUD-R Zoning -- Sebastian Boulevard between North County Library and Entrance to Sebastian Lakes Subdivision Mr. Anon read the item into the record. Mr. Alvarez called on the applicant for their presentation. C nl Li PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 Joseph Schulke, P.E., Schulke, Bittle & Stoddard, Vero Beach, Florida is representing the applicant, Dr. Brooks, who owns the property in question. He is familiar with this property, having worked on the Sebastian Lakes project 20 years ago. He reviewed that this site is an approximately two -acre site. It has a stormwater pond on it that services both this site and the residential subdivision behind it. There was approval for a preliminary plat and construction drawings to reconfigure that lake, fill in a portion of an old lake that was contiguous onto the library site as well. A few years ago the lot was reconfigured, the other lake was filled in. In the interim, Dr. Brooks has had interest from several people who do not want to buy the entire parcel, but maybe divide it into two different pieces. It is served by the same lake that is part of the drainage system for the residential subdivision to the south as well as for this commercial piece of property. It is all a part of the Sebastian Lakes PUD. The site will be accessed not through the subdivision but through CR 512. The plans do not show an access right now, but there are letters on file with the City that the Indian River County Public Works Director has said that he will grant an access. It will depend on what comes in for the site plans for two lots —whether it is going to be closer to the intersection, whether they need right turns or not. That subject will be revisited when it is known what is going to be on the property. There is sewer to the site that comes from Sebastian PUD at the southeast comer. There is also a sewer main on CR 512, so there are actually two methods of getting sewer. There is a water main on 512. There is also a water main along the entrance into Sebastian Lakes on the western property side. The site is prepared and ready to look for future development for a couple commercial uses on those two lots. The commissioners will see the application again when site plans are prepared for both lots, and have the opportunity to further scrutinize access location, development intent and the landscape plan, buffering, etc. Tonight the applicant is here for the commissioners to recommend approval to City Council to allow the applicant to go forward to split the property into two lots. Mr. Alvarez called on City staff to speak on this matter. Ms. Bosworth explained the PUD zoning. The code allows a percentage of a residential PUD can be commercial. Even though the zoning is PUD-R, it has an underlying zoning of Commercial General for this property. The Winn -Dixie, Walgreens, and the Seacoast Bank are all part of the Sebastian Lakes PUD. The drainage is all interconnected. She reviewed that this was previously approved as a one -lot commercial subdivision in 2015. Dr. Brooks wanted to prepare the property for sale, and there was a lot of vegetation on it. He knew he was going to reconfigure the pond, and he also wanted to fill in the other pond that was determined not to be a natural wetland, so there was no mitigation. After approval of the construction drawings, there were various times of stagnant construction on the one -lot commercial subdivision. At one point the property was in noncompliance with portions of the City code. It was taken to the special magistrate and the owner was given a certain time to get the property in compliance. Since then, there are now two different buyers who are showing interest in the property. The owner has decided to come back with a two -lot PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 commercial subdivision. The previous application was voided, and the applicant had to begin all over with the same requirements, update a lot of their analyses and reports. She discussed how the entrance will be addressed, and easements that would be needed were established. There are some utility easements on the present application that were not shown on the first application. There is a drainage easement so that the drainage from lot 2 can go across lot 1 into the tract 1 for the stormwater pond. When the site plans come in, staff will most likely have to establish access easements. Ms. Bosworth reviewed that in the current staff report the conditions of approval for the one -lot subdivision, of which there were four, were met. They had to meet those before the City issued the land -clearing permit. A couple of those conditions have carried over to this plat also. One of them was that they had to provide a stormwater easement for the reconfigured drainage pond and a sign easement for the existing subdivision entrance sign. Their entrance sign is on this property. There is also a sidewalk that goes along their entrance that is on this property. Staff had made that a condition of the first plat. However, after that plat was approved, an existing document for that easement already established was found. The other condition of approval was that they had to provide a written agreement between the owner of this subdivision and the Sebastian Lakes subdivision regarding maintenance responsibility of that reconfigured pond. That has been included in the commissioners' agenda packet. The master homeowners association is responsible for maintenance of that pond as well as those businesses who occupy either one of these lots will also have rights to that pond, and they also have to maintain their pipes. Because these conditions have been met, staff is recommending approval of the two -lot commercial subdivision. Ms. Bosworth added a condition that the existing large dead trees and the sickly pine trees along Sebastian Boulevard be removed during new construction. If this application is approved by City Council, the next step is for the applicant to come in with construction drawings, and construction will start again. Once finished, they will be able to bring in the final plat application which will be recorded. At that point, the property will be stabilized and leveled, and then the property can be sold once that final plat is recorded. It will be up to the two new owners to bring in their site plans at their convenience. Staff has no timeline on when the properties are going to be developed. At this point, staff wants to get the subdivision done, final platted, and the property looking good again. Mr. Alvarez called on anyone who is in favor of the project to speak. Dr. Brooks, Vero Beach. He is the owner of the property. He reviewed what he has done on this property in the way of preparing the property for sale. He described the offers he has had to sell the property. He is requesting the property be divided because he has two local people who want to buy it. He has the contracts. They do not plan to build for another 2-1/2 years. They will keep the property in good shape. One is PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 a dentist, and the other is a restaurant. He has had several other offers lately. The price of that property has gone up since he guaranteed the two entities listed above that he would sell it to them. If the City does not allow him to divide the property, he has offers from others that would be more detrimental to the residents who live in the area. There being no one else in favor of this project who wished to speak, Mr. Alvarez called on anyone from the public who wished to speak against the project. • Kelley Fass, 1281 Sebastian Lakes Drive -- The concern of the community is the entrance(s) into that property. One entrance would be a lot easier. Just to get in and out of the community right now onto CR 512, it is extremely busy. The other main concern is the fact that, since they cleared the property, there is so much noise and dust in the homes that back up to 512. All the trees were removed, and so there is no buffer there at all. The residents of Sebastian Lakes would like to make sure that there is some type of buffer, something that will diminish the noise as well as keep the sand from spreading to the residences. Mr. Christino said, to reassure her, when that property does get to the point of development, the property owners will have to present a site plan, and the City is very adamant about planting trees and buffers in order to protect the surrounding areas. He added that CR 512 is a County road, so it is regulated by the County. City Attorney Manon pointed out that, per Roberts Rules, all the discourse needs to go through the Chair. • Mary Hamilton, 1435 Tradewinds Way -- She lives directly behind the property that has been cleared. There have been several times when trucks with dirt filling these ponds. As Ms. Fass stated, there is no buffer now to speak of like before when CR 512 was a distant sound. Right now, it is like in the residents' back yards. She feels that the residents who have lived there have been disrupted ever since the bulldozing began. She added to what Ms. Fass stated —she feels a buffer zone needs to be put in prior to 2-1/2 years from now. She is requesting a buffer zone now. Harold Stakey, 1420 Tradewinds Way -- His philosophy is that good neighbors make good neighbors. First, they came in and bulldozed everything off the ponds. He feels that, if you act like a good neighbor, maybe people would not be so concerned. Liz Collie, 1430 Tradewinds Way -- She described that her house is situated in the crux between the library and the property that is being talked about. She is very concerned as to the amount of activity that is going to be going on over the next two years. She thinks the library is going to do quite a large addition, which is bringing the parking lot closer to the residents' houses. So there is going to be a lot of evening activity, etc. She is worried about the noise to pick up the garbage, noisy activity, etc. She has seen people in the parking lot at the library sleeping in their vans, etc. That is PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 a concern from a security perspective. Her neighborhood has gotten so noisy between 512 and Laconia that she cannot keep her front door open anymore, and this is going to aggravate the situation from a noise perspective. She also questions about the value of their homes. She wanted it on the record that there is a Declaration of Covenants, Conditions and Restrictions. that was put on in 1999 that does not allow an auto business and does state certain things regarding signage, lighting, no garage doors in the back of the property, garbage cannot be seen, and things like that. • Stella Garofalo, 1442 Tradewinds Way -- She has lived in the Sebastian Lakes community for 17 years. She has attended many meetings and written letters to the Planning and Zoning Commission regarding the parcel known as the Brooks' 512 Commercial Development. She read a timeline that she had prepared of activity regarding this property, and she provided a copy to Mr. Anon (SEE ATTACHED). She stated that a daily fine of $100.00 for failure to adhere to the code was levied at a Special Magistrate hearing. She added that the residents of Sebastian Lakes subdivision are counting on this Commission to monitor the projects to prevent the issues that have already been experienced. She further stated that Dr. Brooks may be seeking to be relieved of the fines. She wonders what incentive there would be for the two new owners to keep to a schedule and requirements if they know there would be no penalty. Ms. Garofalo presented photographs of bags of dust and dirt that were collected by vacuuming her floor every day during the height of all the activity, which she gave to Mr. Anon (SEE ATTACHED). • Liz Murphy, Sebastian Lakes -- She has all the concerns of the residents who spoke before her this evening. She stated that behind the other stores and shops there is an alleyway that divides the houses from the commercial properties. That is not present in the area that is being discussed tonight. She is aware that all the lakes are interconnected. She has noted in the last couple of years, ever since the other lake was filled in, the drainage is bad. The water fills the streets because it has nowhere to go. During heavy rains her front and back yards are under water. That is her main concern. Shelby Bacon, 1437 Tradewinds Way -- She is not concerned about whether there is one lot or two lots on this property, as long as there can be a barrier installed before the development starts. The situation has been present since 2015. Her family cannot enjoy their pool anymore as it is filthy all the time from the dust. There is also noise that has become worse. She is asking that a barrier be put up now to help with the noise before all the building, etc. begins. • Michael Tunick,1327 Shoreline Circle, Sebastian Lakes -- He has several concerns, the main one regarding there being a lot of elderly people living in this community. Creating an entrance/exit which will make the traffic situation getting out onto CR 512 might be creating a hazardous situation. It is already hard to get in and PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 out there, and by adding to the traffic pattern, it is going to make things worse. His other concern is about there possibly being an establishment on one of these lots that will be serving alcohol and will be open late at night. He feels that the residents of Sebastian Lakes have been held hostage for the last 4-1/2 years because of one man and what he wants to do. He does not feel there has been any consideration at all for the residents of Sebastian Lakes. Laura Stakey, 1420 Tradewinds Way -- Her concern is that the owner knew when he bought the property that it was zoned for one lot, and now it is going to be divided into two lots. She questioned how zoning can just be changed. Mr. Alvarez stated the zoning is not being changed. Ms. Bosworth explained that zoning districts will establish the minimum size of properties. If there is a particular size of property and it can be subdivided to still meet the zoning requirements, then the property owner has the right to subdivide. Ms. Stakey asked if there will be more parking needed for two businesses. Ms. Bosworth stated that it will be based on use. A dentist office will probably require less parking than a restaurant. Where there will be restrictions relates to the size of the buildings. Ms. Stakey stated that the residents of Sebastian Lakes feel that that property is a disaster, and she would like things taken care of. Tom Fleishell, 1312 Shoreline Drive -- He asked which commissioners have gone and looked at this property. Two commissioners stated they had. Others stated they had driven by. He reviewed what Dr. Brooks had said during his presentation. He likes Sebastian very much. Mr. Alvarez informed Mr. Fleishell that he had five minutes to speak. Mr. Anon reminded everybody that all discussion needs to go through the Chair. Mr. Fleishell opined that the previous public speakers have presented good reasons why this should be subdivided — traffic, alcohol, etc. There being no one else from the public to speak, Mr. Alvarez called on Ms. Bosworth to address the comments/questions that have been submitted by the public. Ms. Bosworth explained that what is before the commissioners tonight is just the subdivision of land. It meets the City's code regarding the sizes. There is no covenant or deed restriction that says that this property cannot be further split. There is the right for the property owner to split it. A lot of the concerns from 2015 have not been addressed because the subdivision is not complete. He has not completed construction. So, if there were to be a fence, etc., he still has some grading to do. That is one of the items that went before the Special Magistrate. This property is receiving a daily fine until this subdivision is finished, whether it is the one lot or this proposed two lots. With regard to future development of the property, such as site plans, staff will be looking at all of these things. The City code does address that, if you are a commercial property adjacent to a residential district or uses, there is some additional buffering, additional lighting and noise concerns and considerations that staff will be looking at. Staff has already started to look into that, in that the proposed utility easement that runs PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 along the rear of these two lots was proposed to be 10 feet. The code requires for development of those lots to have a 10-foot landscape buffer that will be going around each one of these lots when the site plan comes in. Staff asked that the easement be increased to 15 feet so that the utilities can be put in there and also the increased landscape buffer. However, it did occur to Ms. Bosworth that a lot of the residential subdivisions, the larger PUDs, around the perimeter of them along the streets/roads, before even they start building houses there is a landscape buffer around them. She did find something in the code book that does talk about buffers for subdivisions, not for site plans. There will be landscape installed when those uses come in. It does say that buffer zones, either open-faced or specially vegetated, may be required between adjacent incompatible or potentially incompatible land uses at the subdivision stage. So in the commissioners' discussions, if they would like to recommend to City Council — especially in light of the fact that the property owner has stated that most likely development would not occur for 2-1/2 years —that the commissioners could require vegetation and/or fencing or a wall along the south side once all the grading is done on the property so that some of that noise from CR 512 at least would be buffered by some additional landscaping while the property is being developed. Regarding the stormwater, Ms. Bosworth reviewed that coming out of tract 1 there are some pipes that go back to lots 54 and 55. There is also a stormwater pipe that runs under the entranceway. Those pipes may be blocked yet because, again, the construction is not finished. If these pipes are blocked or not open, that may affect their drainage. Also, the library has two rear stormwater ponds that the library has not maintained. These ponds are all interconnected. The library has agreed that when they begin the construction of their building, they are going to be reestablishing those ponds according to the St. John's original permit was. She suggested that the combination of this property not being finished and the absence of maintenance from the library site, which will be taken care of, she is hopeful that after completion of all that work, it is going to help the drainage flow for the interconnected ponds. Ms. Bosworth pointed out that what is being looked at presently is just the subdivision of the property, not any concerns with the uses yet. Staff is aware of everyone's concerns. She suggested that the commissioners may want to recommend a buffer along the south side that would be a part of the construction plans at the subdivision stage. Mr. Alvarez called on the property owner for comments. Dr. Brooks stated the site that he has already filled in has nothing to do with any drainage in the Sebastian Lakes area. It is in the front right next to the library next to CR 512. It is not close to any residential area. He also stated that most of his property is buffered because of the Sebastian Lakes property. He stated that he was told that he could not do any work on this property such as landscaping. As soon as this application is approved, he will do it. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 Mr. Alvarez called on Mr. Schulke for his final comments. Mr. Schulke discussed the question on the zoning, and the zoning is not changing. By subdividing there are not necessarily going to be any more businesses added. Per the zoning, there could be a strip center installed that has more businesses there on one lot. He suggested that, by subdividing to two, you are probably narrowing down what can be put there, probably two independent uses. As far as buffering, he put the plat on the monitor to show what has been talked about. Mr. Schulke reviewed what is on the drawing and made some markings to better show the property in question and the adjacent properties. He stated that there is a tract that Sebastian Lakes Properties Association owns, and he pointed that out on the drawing. There is an existing buffer tract that was planned on the master plan for the Sebastian PUD that actually provides for that buffering already. There are trees there that Dr. Brooks cannot touch, and there is an opportunity for the Property Owners Association to improve that area as well by adding trees, etc. If the commissioners decide they want to require a landscaped strip, he suggested that it can be done in that area. Regarding stormwater and drainage, Mr. Schulke reviewed that the lake area on the west side of the property is part of the property and is part of the master stormwater system for the Sebastian Lakes PUD. The Sebastian Lakes stormwater system takes all the stormwater from the Walgreens, Winn -Dixie, the library, and from the nursery, and it all goes into the lakes, and they are all interconnected. They ultimately ouffall by the entrance and into CR 512. Mr. Alvarez called on the commissioners for their comments/questions. Mr. Qizilbash: (1) On the south side of this property, it is a mid -density residential area. Since there was mentioned a landscaping buffer of 15 feet, why don't we call it a utility easement and landscape buffer? Ms. Bosworth stated the buffer requirement in the code goes more with the site plan. It is going to be required at the site plan —it is going to be a 10-foot landscape perimeter buffer. That will have to be put in whether it shows on the plat or not. There is a landscape buffer that is part of the HOA of the subdivision that they certainly can beef up with some additional landscaping, but the City does not have any say in that. There cannot be parking in that area because of the utility easement. (2) His concern is whether this will take 5 years or 10 years and it is not developed. Ms. Bosworth explained that the landscaping would be required as part of the construction plans. The construction would not be final until the extra buffer is put in. (3) If this is going to be 2 lots, it should also be mentioned that there will be a 20- foot traffic easement. Ms. Bosworth stated that had been discussed, but because it was not known as to the location of the building and where the traffic would flow and where the parking would be, staff did not want to establish any type of traffic access easements at this time. The easements will be established with the first site plan application. Mr. Christino: (1) Stated the commissioners recently approved construction by the library. He inquired what the proximity of this project is to that. Mr. Schulke stated the applicant's site shares the same property. Their west property line is this site's property PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 line. (2) Regarding the impact on the Sebastian Lakes residents, the impact of the retention pond that is currently on the property, will two be combined into one? Ms. Bosworth stated that the St. John's permit for the entire subdivision already included the maximum amount of impervious area for the two acres, as noted in the staff report, 1.4 acres of impervious area, which is 80% of the lots, which is what the commercial general maximum allows. (3) Asked if there is any potential for a negative impact on the retention ponds that are located in Sebastian Lakes from this. He asked if they are connected by a pipe underground. Ms. Bosworth stated there are a couple different pipes, but it has all been reviewed by St. John's as long as they do not build over that maximum impervious and the stormwater system is maintained. (4) The dust is a health concern. His experience that when managing and building large tracts, it would be required that calcium chloride be applied in a spray from a truck every couple weeks to keep the dust levels down. Ms. Bosworth stated that the construction plans for the one -lot subdivision clearly state that it has to be sodded and stabilized to finish construction. That has been the issue —the subdivision has not been finished. If the final grading has occurred, after that they have to seed, hay, stabilize the banks with sod, and that has not been finished, and again, that has added to the dust complaints. Those are the same requirements for the two -lot subdivision: they are going to have to stabilize, sod and seed the open area. They do not have to wait for a site plan to come in; they have to stabilize, sod it, and seed it. Once the final plat is recorded, the City staff considers the subdivision complete, and the daily fines will stop. But that is all part of the construction plans that have to be finished. The property is not going to stay how it is presently for 2-1/2 years because we are dividing this into two lots. (5) He understands that the Sebastian Lakes HOA have land that where they can establish a buffer themselves. His concern Is the utility easement has not been established, and he would not want to see trees, etc. installed over a utility easement. Ms. Bosworth stated that, if this plat is approved, this does establish a utility easement to the rear. Ms. Bosworth stated there is a tract Al. She would have to refer to the plat to see what that is dedicated for. It may be specifically landscaping. The City would not be able to require them to plant, but they do have that opportunity to add more landscaping on that easement. Ms. Jordan: (1) If she understands the map, it shows the south side of the plots and based on what Ms. Bosworth is saying, there will be 10, maybe 15 feet for both utility easement and an extra 5 feet for landscaping. Ms. Bosworth stated it would be 10 feet for landscaping and an extra 5 feet to put the utilities in. (2) Asked if the subdivision is aware that they have that property in order to make a better buffer. Ms. Bosworth stated that from the aerial view there appears to be a few large trees, but that area is not opaque. (3) Stated it is not the Commission's responsibility, nor the City's responsibility. But the Sebastian Lakes HOA has the responsibility for that property that belongs to the subdivision. (4) For the purpose of getting this application approved, we should include the 10-foot, plus 5-foot buffer for the utilities and the landscaping on the PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 south side so that growing a buffer can be started now, regardless of when Dr. Brooks gets everything done. Ms. Bosworth stated that what Mr. Qizilbash is recommending is that a landscape buffer be placed within the utility easement also. Ms. Kautenburg: (1) Stated that this has been a concern of the commissioners since 2015 as well. She wanted to assure the public that at least every meeting for the past year this has been part of the Commission's comments —What is going on with that property? Why is it not being taking care of? It is an introduction into the City, and the commissioners are not happy with this. (2) Has concerns about how small the lots are when they are divided. She is aware that the objective is to get something decent there. If there were to be 2-1/2 years before anybody does anything, she does not think that is acceptable. She would like to have something done before that. Mr. Alvarez: Is concerned about the buffer and would like to see something done soon. Mr. Alvarez called for a motion. A motion approving the preliminary re -plat of a portion of Tract C, Sebastian Lakes Unit 1, for a project known as Brooks' 512 Commercial Development, a 2-lot subdivision, PUD-R zoning, Sebastian Boulevard between North County Library and the entrance to Sebastian Lakes subdivision with the condition that a buffer zone of 10 feet plus 5-foot utility be established with a 6-foot-high opaque landscape buffer that would have to be planted, as well as removal of designated dead trees and pine trees being removed and recommending forwarding this on for approval by City Council was made by Mr. Chdstino and seconded by Ms. Jordan. Roll Call Mr. Qizilbash -- Yes Ms. Kautenburg — Yes Ms. Jordan (a) -- Yes Mr. Christino (a) — Yes Mr. Carter — Yes Mr. Alvarez — Yes Vote was 6-0 in favor. Motion passes. Ms. Bosworth explained for the residents who attended the meeting that this is a recommendation to City Council. The final hearing before City Council will be on November 10t , and residents who received a letter for this meeting would also receive a letter for that meeting. City Council will make a final decision, and the residents will have the right to speak to City Council and voice your concerns. They will also take into consideration Planning and Zoning Commission's considerations. VII. Unfinished Business -- None Vill. Public Input — None Stella and Frank Garofalo 1442 Tradewinds Way Sebastian, FL 32958 Chairperson Planning and Zoning Commission City of Sebastian, Florida October 14, 2021 Dear Chairperson, I am a resident of the Sebastian Lakes Community and have lived here for 17 years. I have attended many meetings and written letters to the Planning and Zoning Commission regarding the parcel known as the Brook's 512 Commercial Development as far back as September 17, 2015. 1 have prepared a timeline of some correspondence sent to Dr. Brooks regarding this parcel. 9-17-2015 — Planning and Zoning Commission recommended approval of the Preliminary Plat for the Brook's 512 Commercial Development with 4 conditions. 10-14-2015 — Resolution R-15-33 Preliminary Plat for a subdivision known as Brook's 512 Commercial Development was approved at the City Council Meeting. 11-8-2018 — letter to Dr. Brooks advising him of deadlines, options and of complaints regarding the property. 1-28-2019 — 2nd notice sent to Dr. Brooks regarding an application for Final Plat submission. 6-21-2019 — Code Enforcement Inspection documents that violations still exist. 7-17-2019 — Little activity and property still in violation. Safety hazard to kids in the area. 8-27-2019 — Code Enforcement Special Magistrate — Case 19-022167 and 19-022175 Conclusion of Law — Code Section 66-3 and 54-3-11.2 Trash and debris and Soil erosion and Sedimentation control Daily fine $100 Fail to submit Final Plat for approval with Community Daily fine $100 The residents of the Sebastian Lakes Community have lived through many negative effects due to the long delay in completing construction. During the process, there was an increase in rat sightings and damage, instability of the ground, dirt and dust, an increase in noise and the appearance of the property unsightly. Now, we have concerns regarding how two separate projects will affect us. Water flow, twice as much traffic, noise, hours of operation and activity. We are counting on you to monitor the two new projects to prevent the issues that we have already experienced. Rumor has it that Dr. Brooks is seeking to be relieved of his fines. What incentive would that be for the two new owners to keep to a schedule and requirements if they knew that there would be no penalty. Thank you for your consideration. Stella Garofalo