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HomeMy WebLinkAbout11 13 2022 - Ltr to Powell with attached ltr to CouncilLAW OFFICES OF GEORGE A. GLENN 2165 15th Avenue, Vero Beach, FL 32960 P.O. Box 8, Vero Beach, FL 32961 Tel.(772) 569-0442 Fax (772) 567-5097 Email: aeorae.alenn@aalennlaw.com Email: aalennir@lennlaw.com George A. Glenn, Sr. George A. Glenn, Jr. November 13, 2022 Via Email: Barbara Powell Barbara.Powell(adeo.mvflorida.com DCPextemala2encvcomments(& deo.mvflorida. com Re: City of Sebastian Land Use Change for Graves Brothers Property Dear Ms. Powell, I write to you regarding the proposed land use change by the City of Sebastian for property known as the Graves Brothers Property that is not yet in the city's limits but is being considered for annexation. Please see the attached letter by Tim Glover, President of the Friends of St. Sebastian River, to the Sebastian City Council members which addresses concerns about the impact to the St. Sebastian River, a tributary to the Indian River Lagoon, from the impact of the density and intensity increase associated with the proposed land use change. Mr. Glover spoke to the city council at the transmittal hearing. It is my hope that your department's comments will encourage the City to provide meaningful preserved space buffering the headwaters of the St. Sebastian River that run through the Graves Brothers property, as well as to encourage that the city take other actions mentioned in our letter to ensure that the natural environment is mitigated from the negative impacts associated with the large increase in development entitlements. Please do not hesitate to contact me should you have any questions. Sincerely, LAW OFFICES OF GEORGE A. GLENN By: /s/ George A. Glenn Jr. George A. Glenn Jr., Esquire Enc. k.4SENDS � 0 a STI A Officers November 14, 2022 Tim Glover Jim Hill, Mayor President Fred Jones, Vice Mayor Buzz Herrmann Ed Dodd, Councilman Vice President Bob McPartlan, Councilman Christopher Nunn, Councilman Terry Greene Treasurer City of Sebastian Carol Lynn Peterson 1225 Main Street Secretary Sebastian, FL 32958-4165 Directors Dear Honorable Council Members: Diana Bolton Mark Bondy Bob Stephen I am writing to the Council as a follow-up to our previous letter of September 20th, and the Bruce Zingman City Council meeting of October 12�h, with regard to the annexation process of the Graves Advisory Brothers property, by the City of Sebastian. Directors At the Council meeting of October 12th, we learned of proposed amendment(s) to the City's Graham Cox comprehensive land use plan that will include new Objective 1-1.7, Site Specific Policies, Karen Grebs Peter Hinck which will apply to the Graves Brothers property if annexed. We are thankful to see the Bruce Sabol inclusion of these Policies that will provide some assurances for the eventual development of this property. Founding Member Our concerns continue to lie with what we believe are reasonable and necessary assurances Frank DeJoia to protect the headwaters of the St. Sebastian River. There have been efforts in the past to 1924-2017 do so, such as the acquisition of the properties by Indian River County that now make up the South Prong Preserve. There is also the conceptual plan of the St. Sebastian River Directors Emeriti Greenway which recognizes the value of conserving this resource for the community, for the wildlife habitat it provides, and ultimately protecting the Indian River Lagoon of which it is Bill Brennan a major tributary. Lynn Stieglitz Frank Wegel The watershed of St. Sebastian River needs additional protection and the following are P.O. Box 284 specific assurances which we ask that you consider for inclusion in the annexation Roseland, FL agreement: 32957-0284 772-202-0501 1. Conservation of the property surrounding the headwaters of the South Prong, Est. 1989 providing a buffer for stormwater runoff, sedimentation, nutrient and chemical control, www.fssr.org natural riparian area for protection of biodiversity, etc. info@fssr.org 2. No bridges or structures, other than a possible pedestrian bridge, spanning the South Prong of the river. Gold Transparency 2022 Helping maintain and improve the health and beauty of the St. Sebastian River and its watershed. Candid. 3. Increased stormwater retention requirements — Florida statute provides for 150% of basic stormwater retention capacity for properties that discharge directly to an Outstanding Florida Water. The Indian River Lagoon is classified as an OFW but the St. Sebastian River is specifically excluded. As mentioned, though, it is a major tributary to the Lagoon. We would ask that development of the Graves Brothers property be required to comply with this greater stormwater retention requirement. 4. Better management of stormwater facilities, similar to how Indian River County maintains its recent projects, such as Egret and Osprey Marsh facilities, providing a more functional habitat. 5. Incentives for the use of pervious surfaces. 6. Incentivize low impact development including the use of bioswales, more use of native plants, habitat restoration, etc. The recent election showed the importance of how the public feels about conserving land to protect our waters, such as those that flow into the St. Sebastian River and to our Indian River Lagoon. The City of Sebastian has an extraordinary opportunity to preserve a significant block of land around the slough of the headwaters of the St. Sebastian River through this entitlement process. Because the City of Sebastian is granting the landowner with significant development entitlements on raw land, it is incumbent that it utilizes this process to set aside those lands in permanent protection. We have included a map (attached) depicting a proposed easement area that should exclude development not associated with passive open space. This area covers only about 115 acres of the overall 2,000 acres of annexed lands, and a future developer of the overall property should be responsible for restoring the property. Thank you for the Council's engagement and attention on this issue. We do appreciate that some issues have been addressed and we assume the assistance of the outside attorney with expertise in annexations, hired by the City to assist with this issue, has been helpful. Please do continue to consider the many aspects of how this annexation will impact the community of Sebastian and surrounding areas, along with the issues that need to be addressed prior to the final granting of development entitlements! Sincerely, Tim Glover, president