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HomeMy WebLinkAbout09-07-2023 PZ AgendaCROF F�AS HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastian.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, SEPTEMBER 7, 2023 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of August 17, 2023 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS: None 7. PLANNING AND ZONING COMMISSION (PZQ PUBLIC HEARINGS: • Chair announces opening of the hearing; • Attorney reads ordinance or resolution or title, if any; • Applicant presentation; • Staffpresentation, comments andpreliminary recommendation; • Public Input; • Stafffinal summary and recommendation; • Chair closes hearing; • Board deliberation and action A. Public Hearing - Recommendation to City Council — Subdivision Preliminary Plat — Cross Creek Lake Estates Addition — 24.4 Acres, 35 Lots, 1.43 Units/Acres — Powerline Road/Yearling Trail — VLDR Future Land Use (Very Low Density Residential, Max 3 units/acre) — RS-10 Zoning District (Residential Single -Family) 8. UNFINISHED BUSINESS: None 9. NEW BUSINESS: None 10. ADJOURN No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Commission with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) 1n compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.cin- fsebastian.org unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION If you wish to attend the meeting by Zoom, please follow the link below to the City's Meeting Calendar, and locate the applicable meeting date. The Zoom connection details are provided. https://www.citvofsebastian.orp-/meetin,acalendar 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES AUGUST 17, 2023 I. Call to Order II. Pledge of Allegiance III. Roll Call Present Mr. Roberts (a) Ms. Matthews Ms. Kautenburg Mr. Carter Not Present Ms. Battles -- Excused Also Present Ms. Lorusso Mr. Haddix Ms. Kinchen Ms. Geesey (a) Ms. Jennifer Cockcroft, City Attorney (via Zoom) Ms. Lisa Frazier, Development Director Ms. Dorri Bosworth, Planner Nicholas Ladyman, Help Desk Technician Ms. Janet Graham, Technical Writer IV. Announcements and Acienda Modifications � I ._.. H CL E aE�o CIS V V � C �C39 Imo .r �2c WN4Qco Ms. Kautenburg introduced and welcomed Mr. Christopher Roberts, who has joined the Commission as the second alternate. She thanked him for giving his time to the City. Also, Ms. Battles has an excused absence, and voting in her place this evening will be Ms. Geesey. The City Attorney tonight is attending via Zoom and will be available for any questions that may need to be addressed. The public hearing that was scheduled for tonight for the property on Roseland Road (D. R. Horton model home) has been cancelled at the request of the applicant. V. Approval of Minutes: Regular meeting of August 3, 2023 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 2 All having indicated that they have reviewed the Minutes of August 3, 2023, Ms. Kautenburg called for a motion. A motion approving the Minutes of August 3, 2023 as presented was made by Mr. Carter, seconded by Ms. Kinchen, and approved unanimously via voice vote. VI. Local Planninq Agencv (LPA) Public Hearinu: Ms. Kautenburg read the item into the record as follows: A. Public Hearing -- LPA -- Recommendation to City Council -- Comprehensive Plan Text Amendment -- Infrastructure and Governance & Implementation Elements -- City of Sebastian Water Supply Plan Ms. Kautenburg called for staff's presentation. Ms. Frazier stated that this is a request for a text amendment to the Comprehensive Plan. It is entitled the City of Sebastian Water Supply Plan. This is a statutory provision in Chapter 163.2117 of the Florida Statutes relative to the Comprehensive Plan requiring each local government to adopt a Water Supply Plan and incorporate its applicable policies into their Comprehensive Plan. She stated that, when referring to the cover letter by Kimley Horn, you will get the clearest explanation of what your role is this evening. She further explained that every local government has to prepare a 10-year water supply work plan in accordance with this statute. The City did not do that when we were going through Comprehensive Plan changes -- the Comprehensive Plan 2024-2040 update - - because St. John's was in the middle of doing their whole big assessment and work plan and asked us to wait. St. John's completed their Central Plan/East Coast Water Supply Plan about 18 months ago. Now it is the City's turn to get this Plan done, which we have, and to incorporate the recommended objectives and policies from St. John's. St John's has reviewed this plan, they have approved it, and they have recommended the objectives and policies that you read on this cover sheet. Tonight, it will be incumbent upon this Commission to recommend or not recommend to the City Council to accept the Water Supply Plan and recommend or not recommend incorporating the Comprehensive Plan language into the City's Comprehensive Plan. At that point, for those of you who were not here when we did a lot of the Comprehensive Plan amendments, the City Council will then have a hearing and transmit those changes up to DEO. DEO will then review those changes, and they have 30 days to accomplish that. They will then send it back to the City. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 3 Hopefully, everything will look good to them, and then the City Council will once again take it up at a public hearing and approve or deny the incorporation of this language into the City's Comprehensive Plan. Then, we will make that change and put it into all of the Comprehensive Plans that were done prior. Ms. Kautenburg called for public input. There being none, Ms. Kautenburg called for final comments from the staff. Ms. Frazier said there were none, and Ms. Kautenburg called for questions/comments from the Commissioners. Mr. Carter -- Referring to page 13 of the report, he had a question about the expected average annual growth rate of 8% between the years 2023 and 2040. He asked what that figure was based upon and if that is going to be a realistic figure. Ms. Frazier explained how population projections are done. They are not 100% accurate. By looking at the growth of the area and the projected population growth, that is how that is projected. Mr. Carter stated that over the last several years we have had brought before this Commission, whether it be as a recommendation or whatever to City Council, various developments which will exceed that number once they are built out. That is why he questioned the validity of this 8%. He suggested it should be higher. Ms. Frazier further stated they do take into consideration our build -out based on our land use. So that is a given. She will make a note to look into that further. She called everyone's attention to page 8 where they talk about the potable level of service. The City has always been projected as utilizing way more of the GPD than it does. She added that the City's level of service has been pretty high compared to historically what we use. So, if the City continued to incorporate its conservation efforts, she suggested that it is imperative that people understand that stormwater retention, stormwater percolation is very important to our potable water and our aquafers getting refilled. When we direct it down a pipe out into the Indian River Lagoon, we are not refilling our aquafers. It is very important that we recognize that. She believes that the City is doing all that it can to incorporate the conservation efforts into our potable water source retainment. Ms. Geesey -- She estimated that from 2020 to 2040 it is a 40% increase in population. Ms. Frazier said each year from 2020 to 2040 they are showing a growth rate of 11 % up to 2025. It will keep ticking forward. We are the fastest growing area in Indian River County. Ms. Kinchen -- She stated her concerns are the same as Mr. Carter's. She does not think that 8% is going to be enough. She suggested that will really have to be looked at later on, maybe 5 years down the road, and make sure that that is going to comply, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 4 because Sebastian is the fastest growing city in Indian River County, and it is not going to stop any time soon. Ms. Lorusso -- She addressed the septic -to -sewer situation. She knows the CRA district already has that program in effect. On page 11 it mentions the North Sebastian septic - to -sewer Phase II project. She asked what that is going to entail, what do they consider North Sebastian. Ms. Frazier said this information is a little dated because we had to sunset the Sebastian CRA Septic -to -Sewer Conversion Program last year. This was a program that had been in place since 2016. We were successful in getting a cost -share grant from Indian River Lagoon to help us. That was in 2018. That program was run for many years. It was one grant, and we kept getting extensions until they said we could no longer extend the program because people were not taking advantage of this grant, even though notices were sent out every year. It has not started back up again. As to the Phase II project, she explained that that is the County's project. It is a gravity feedline which helps people connect a lot cheaper. That is all that she is aware of regarding that. Ms. Lorusso asked regarding the FEMA grant for the Collier and one other canal, whether the grant has been applied. Ms. Frazier stated that would be under the purview of Karen Miller, the City Engineer. Mr. Haddix -- Regarding page 4, the first paragraph, last sentence which states, "The CSEC has reviewed multiple projects that could increase the water quantity in Brevard, Indian River, and Okeechobee counties by 29.2 million gallons per day." He asked if this is a demand of quantity, or is it an availability. Ms. Frazier explained that the CSEC is the St. John's report. It is the Central Spring East Coast Regional Water Supply Plan, Ms. Frazier interpreted it as meaning the available quantity. Mr. Haddix referred to page 9, the last paragraph where it talks about the County requiring the use of irrigation qualify effluent meeting FDEP standards for irrigation in parks and facilities, etc. He asked, if the County is making this a requirement, is the County going to have this pressurized. Ms. Frazier stated this is for reuse. If reuse is available, they are going to force you to use it. They have had this on the books for a while. Mr. Haddix stated that, if they are going to require it, he opined that there should be some clarification that means somebody has got to put pumps in -- the City is going to be required to do that for these irrigation purposes, or the County is going to have to pressurize this effluent water that is only available by gravity. He believes it is unclear. Ms. Frazier said she will make a note of that and will have the City Engineer follow up on that. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 5 Mr. Haddix said this question is just for educational purposes for himself. On page 10 where it refers to Policy 4.8, "The County shall require all new subdivisions and projects of 25 or more lots or units..." His question is what the significance of 25 is. He asked if that is a minimum requirement for a subdivision. Ms. Bosworth stated that 25 lots must be a threshold where they presume what the maximum impervious could be so that there would be a stormwater pond that would be required. Mr. Haddix said he was concerned as to what the origin of 25 represents. Ms. Kautenburg -- She felt that this report was extremely thorough. She is also concerned with projected numbers. She has seen many projections over time. While we assume that they are based on an educated guess, sometimes we don't know what we don't know until it happens. She is also of the opinion today that that figure might be a little low, but she might change her mind in the future. Ms. Bosworth explained further that the statement that Mr. Carter made is not saying that from the period of 2023 to 2040 there is only going to be an 8% increase. It is annual, so that each year it will be an 8% increase. Mr. Carter said he understood that. Ms. Kautenburg stated, if there are no further questions or discussion, the Chair will entertain a motion. A motion that the Commission make a recommendation to the City Council to approve the Comprehensive Plan Text Amendment -- Infrastructure and Governance and Implementation Elements -- City of Sebastian Water Supply Plan was made by Mr. Carter, and seconded by Ms. Kinchen. Ms. Kautenburg called for a roll call vote. Roll Call Ms. Kinchen --Yes Ms. Kautenburg -- Yes Ms. Matthews -- Yes Mr. Haddix -- Yes Vote was 7-0 in favor. Motion carries. Vill. Unfinished Business -- None IX. New Business Ms. Geesey (a) -- Yes Ms. Lorusso -- Yes Mr. Carter -- Yes A. Accessory Structure Review -- LDC Section 54-2-7.5 -- 493 Englar Drive -- 1000 SF Detached Garage -- Mr. John Cronenberg PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING AUGUST 17, 2023 Ms. Kautenburg called on the applicant to give his presentation. John Cronenberg, 493 Englar Drive, Sebastian -- He described the accessory structure for which he had designed and engineered to match the house, concrete block and stucco, the same roof style. It is going to be under 1,000 square feet. He is only going to be using it for himself, for storage, for working on his projects. He states there are two other structures on the property that will be removed once the structure is built. Everything that is in the sheds that are presently on the property has to go somewhere. When the garage is finished, that is where those items will all go, and then the sheds will be removed from the property. He has a landscape plan that meets the Code. There are plenty of trees on the property. He displayed a few photographs on the monitor and pointed out various trees, etc. Ms. Kautenburg called for questions from the Commissioners. Ms. Kinchen -- She inquired if any of the tall trees shown on the photographs are coming out. Mr. Cronenburg stated no. The garage will be set back, so all of them will still be there. Mr. Carter -- He asked if the applicant will be working on any vehicles, etc. Mr. Cronenburg stated only on his own motorcycles, cars, doing woodwork. It will just be a hobby shop. He is retired and needs something to do. Ms. Kautenburg called for comments from the staff. Ms. Bosworth stated staff has worked with Mr. Cronenburg. He has presented a landscape plan that shows that he has added the plants around the building. Also, as can be seen, it is higher than the house, but we have always discussed that the intent was that the structure did not appear to be higher than the house. Based on the grade elevations, there is a 4-foot difference. It still appears less than the house. The staff had also noted that the left -right elevation which was facing the road was kind of plain. But after staff looked at the aerial, there are not any houses facing that street. All of the other houses are facing the other street. So, staff is recommending approval of this application. He meets all of the required codes. Ms. Kautenburg -- She stated she knows Mr. Cronenburg is an honorable person, but in the last year there have been a number of projects that the Commissioners have allowed to pass, and she has found that the owners of the properties, while they are barely meeting the intent, they are not holding up their end of the bargain. She has had to call PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 a_[tl= vA Code Enforcement several times to get somebody to finish the job they started. The two sheds that will disappear, she understands. However, she would like to put a time limit on it such as 10-14 days after the completion. Ms. Bosworth stated that, because there is a contract, if it is not CO'd through the Building Department system —if that CO is never issued —within 6 months that permit expires, and there are additional fees that the contractor would have to pay. There was general discussion regarding the two sheds among the applicant, the commissioners, staff, and the City Attorney. The City Attorney stated that with respect to a motion, she would feel most comfortable if you would stick with the standard guidelines that are in place already that Ms. Bosworth mentioned. From an enforcement standpoint with Code Enforcement, it would be most practical to stick with those and follow the Building Department guidelines. She would not feel comfortable imposing any of these different timelines as opposed to what are in place already, and she gave examples of why she has that opinion. There being no further discussion, Ms. Kautenburg called for a motion. A motion approving the accessory structure review for 493 Englar Drive, a 1,000 square foot detached garage, was made by Mr. Carter and seconded by Mr. Haddix. Roll Call Ms. Lorusso -- Yes Ms. Geesey (a) -- Yes Ms. Kinchen -- Yes Mr. Haddix -- Yes Vote was 7-0 in favor. Motion carries. j9 Mr. Carter -- Yes Ms. Matthews -- Yes Ms. Kautenburg -- Yes X. Adjourn there being no further business, Ms. Kautenburg adjourned the meeting at 6:41 p.m. CM L: HOME OF PELICAN ISLAND Community Development Department Preliminary Plat Application Staff Report 1. Project Name: Cross Creek Lakes Estates Addition Subdivision 2. Requested Action: Preliminary Plat approval for 35 lots on a 24.4 acre parcel to be an addition into the existing Cross Creek Lake Estates subdivision 3. Project Location a. Address: South of the 600 Block of Yearling Trail within the existing Cross Creek Lake Estates subdivision, and west of Powerline Road & the 700 Block of Yearling Trail b. Legal: See survey C. Indian River County Parcel Number: 31-39-30-00000-5000-00002.0 4. Project Owner: Henry A. Fischer Cross Creek Addition Inc. 10725 U.S. Highway #1 Sebastian, Florida 32958 (772) 589-3159 haf1@bellsouth.net 5. Project Agent: Same as Engineer 6. Project Engineer: Joseph W. Schulke, P.E. Schulke, Bittle, & Stoddard, LLC 1717 Indian River Boulevard, Suite 201 Vero Beach, Florida 32960 (772) 770-9622 jschulke@sbsengineers.com 7. Project Surveyor: William B. Zentz & Associates 684 Old Dixie Highway Vero Beach, Florida 32962 (772) 567-7552 biIIz-wbz@comcast.net 8. Project Description a. Narrative of proposed action: Cross Creek Addition, Inc. is requesting approval for a 24.4 acre parcel to be divided into 35 residential lots. The location of the proposed development is south and adjacent to the previously approved residential subdivision known as Cross Creek Lakes Estates (parent parcel). The property is currently designated as VLDR (Very Low Density, maximum 3 units/acre), with a corresponding zoning designation of RS-10 (Residential Single Family). The proposed Cross Creek Lakes Estates Addition (CCLE Addition)) is proposed to contain 35 single-family residential lots with a minimum lot size of 14,200 SF; thus a proposed density of 1.43 units/acre, which is below the 3 units/acre permitted within the VLDR category. The proposed project also, in addition to standard utility and stormwater infrastructure, includes 1.82 acres of passive recreational area, and a secondary access along the western end of Yearling Trail to the Shakespeare Street & Lanfair Avenue intersection. b. Current Zoning: RS-10 C. Adjacent Properties Zoning Current Land Use Future Land Use North: RS-10 Single Family Residences VLDR East: RS-10 Single Family Residences VLDR South: A-1 Vacant R (County) West: RS-10 Residential/Vacant VLDR d. Site Characteristics ('1) (2) (3) (4) (5) (6) (7) (8) (9) Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: Water Service: 24.4 acres Vacant Oldsmar, Pepper Mostly cleared, Oak, Pine, & Palm Zone AE and X Indian River County Utilities Sanitary Sewer Service: Indian River County Utilities Parks: Barber Street - 3/ mile Police/Fire: Sebastian Police — 4 miles County Fire — % mile 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent C. Housing: Consistent 2 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 - survey d. north arrow graphic scale: Provided e. date of preparation Provided — May 2022 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: N/A 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 3 r. access points to collector and arterial streets showing compliance to the access requirements: Provided — As part of the proposed plat, the developer is including a design for the required second point of access in the southwestern portion of the top loop of Yearling Trail. Further discussion is provided in Section 13, Other Matters. S. all existing drainage district facilities and the ultimate right-of-way requirements: Provided t. 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 — Utilities will be installed underground 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 aa. 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: N/A b. on -site wastewater disposal data: Provided C. surface water management plan: Provided - Reviewed by the City's consulting engineer, with specific additional information requested with submittal of the subdivision's construction plans. d. traffic impact analysis: A traffic statement was provided indicating the proposed subdivision is estimated to generate 330 ADT's (Average Daily Trips). The threshold requiring a full Traffic Impact Analysis by a traffic engineer is 400 ADT, therefore not required. e. required park land and/or facility improvements: Provided f. required potable water improvements: Provided g. required wastewater improvements: Provided 0 h. erosion and sedimentation control improvements: Provided L reference to required improvements L access: Provided ii. alleys: N/A iii. 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: N/A ix. soils: Provided X. streets: Provided Xi. bicycle/pedestrian paths: Provided xii. off-street parking areas: Provided xiii. 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 xx. traffic control devices: Provided xxi. monuments: Provided xxii. commercial and industrial subdivisions: N/A xxiii. mobile home subdivisions: N/A j. schedule of multiple phases: Not applicable, the project will be constructed in one phase 12. City Engineer's review: Construction Plans will be reviewed by the City Engineer as required prior to release of construction permits. The Preliminary Plat plans were reviewed by the city's consulting engineer, whose remaining comments involved the stormwater calculations, which he stated can be addressed when the Construction Drawings are submitted. 13. Other Matters: Cross Creek Lake Estates, the parent parcel, consists of 134 lots on 160 acres and was annexed into the City in 2004. The CCLE Addition property was annexed in 2005. As part of the annexation benefit, the developer fully constructed Powerline Road from Barber Street south to CR 510. The Preliminary Plat for the parent parcel was approved in 2004, with construction and final platting of the first phases done in 2013. Subsequent platting for the following phases ensued, with the last phase platted in 2018. In 2020, a Preliminary Plat for the CCLE Addition parcel, consisting of 24 lots on 24.42 acres, was reviewed by the PZ Commission, and approved by City Council via Resolution R-20-28. Construction was never started, and as per LDC time limits allow (18 months), the plat approval has expired. At those public hearings, a petition from the CCLE residents was presented to the PZ Commission and Council (EXHIBIT A, attached) with three main concerns. With the current application, the residents' concerns have been taken into consideration, and have been addressed with the current plat design and recommended conditions of approval. 5 The CCLE Addition parcel is a landlocked parcel, and when it was annexed in 2005, access to the property was presented to be via the CCLE parent parcel. When the preliminary plat for the parent parcel was submitted in 2004, development on the CCLE Addition parcel was not a part of the proposed plat, nor represented as a future phase. As such, and though the CCLE Addition will be incorporated into the existing CCLE HOA, the plat for the Addition is considered a new subdivision, and must comply with all applicable subdivision requirements. In accordance with Article 19, Subdivision Land Development Regulations, two points of ingress and egress are required for all subdivisions. Also, Policy 2-1.6.8 from the Land Use Element of the City's Comprehensive Plan states "The City shall require that future subdivision with 25 units or more, at a minimum, have at least two (2) points of access open to motor vehicle traffic." Initially, the plat for the parent parcel included a design for the required secondary access, and proposed to make improvements to the one-way area of Shakespeare Street by conveying additional Right -of -Way to the City. After review and consideration by the City Council at that time, adjustments were granted to remove the secondary access, add an emergency access point on Powerline Road, and eliminate the improvements to Shakespeare. This decision may have been predicated on, that in 2004, an extension of Shakespeare was not yet feasible. The River Oaks Preserve project had not yet been annexed or submitted, nor was there knowledge that there would be a future annexation of the parcel west and adjacent to the CCLE Addition, both projects conveying ROW, which currently makes an extension of Shakespeare Street viable. Therefore, per Article 19 and Policy 2-1.6.8, and in consideration that extending Shakespeare Street is now feasible, the current application was required to include a second access point for the new, proposed 35 lots. A proposed design for the second access is included with the submitted plat. Staff recommends this access point should be fully designed, include any improvements necessary to the Shakespeare and Lanfair Avenue intersection so that it meets FDOT and city design standards, and be completed prior to issuance of the final certificate of completion. The second access point may be gated, and in consideration of the existing surrounding streets and neighborhood, can be used as an emergency access only until such time as when Shakespeare Street is extended and open to CR 510. When this occurs, the second access point must be opened to the residents of CCLE for full access. • The applicant has submitted environmental reports and surveys, indicating there does not appear to be any gopher tortoise or scrub jay habitats affected within the proposed development area. Updated reports and surveys will be required before any landclearing or construction activities will be permitted, including for the secondary access point area. The proposed stormwater system is independent from the parent parcel's system. Its proposed outfall is into the Sebastian River Improvement District's (SRID) canal that runs along the CCLE Addition's southern border. Staff has received written correspondence from SRID stating that they concur with the initial design, but will be requiring additional information when the subdivision construction plans are submitted. Section 54-4-19.11(h) requires that subdivisions must dedicate lands for parks and recreational use, specifically four acres for every 1000 persons. Two acres can be for neighborhood parks, and two acres must be for community parks, i.e. recreational areas C.1 that can also be accessed and used by Sebastian residents. If such acreage is not available, or the proposed subdivision consists of 100 dwelling units or less, the developer may, in lieu of dedicating land, pay a fee equal to the fair market value of the land which would have been dedicated. Based on the proposed 35 lots, CCLE Addition is required to provide .35 acres of land dedicated to recreational space. They are providing 1.82 acres, see Tract E for lake access, and Tract F for walking trails and lake viewing. However, since these areas are located within a private subdivision, and the applicant has stated he does not wish to open these areas to the community, he has agreed to pay a fee -in -lieu of dedication, which per Section 54-4-19.11(h)(4), cannot be less than for one acre. Section 54-3-9.4(b) requires the fee -in -lieu to be paid before final platting. The applicant is seeking an adjustment from Section 54-4-19.12(c) regarding the requirements for Street Lights. The developer, and HOA through its Covenants and Deed Restrictions, has placed provisions requiring property owners to install and maintain a lamp post that is activated by a photo cell on each developed property. The lamp -post must be kept operational and placed on private property as dictated by the existing covenants and restrictions. It shall be the individual homeowner's responsibility to maintain each lamp post. The applicant is also seeking an adjustment from Section 54-4-19.11(i)(4).h which limits the length of a cul-de-sac to 600'. The intent of the Land Development Regulations limiting cul-de-sac length was to ensure fire department access to all properties and connectivity to Fire Hydrants. As the proposed subdivision has four (4) fire hydrants and a stabilized access easement which connects the two northern and southern cul-de-sacs that could be used by emergency vehicles, the Fire Marshall has determined that the entire subdivision has adequate fire protection, and thus can support the cul-de-sac length to exceed the 600' limitation. The proposed roadway and cul-de-sac for Magnolia Court is approximately 1500' in length. 14. Analysis: Staff has reviewed the proposed plat in accordance with Article 19 of the Land Development Code regarding the following: • Ingress/egress to and from the development area; • Adequate internal streets; • Access to water and sewer; • Adequate access to the utility system/capacity of those utilities to support development; • Adequate drainage; • Fire and Police access; • Recreation and access to amenities; • Street lights; • Sidewalks; • Flora & Fauna protection; and has found the application to be of sound design and, with consideration of discussed matters and the recommended Conditions of Approval, in compliance with city subdivision requirements. 7 15. 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 city's Comprehensive Plan and Land Development Code. 16. Recommendation: Staff recommends approval of the proposed Preliminary Plat for Cross Creek Lakes Addition Subdivision with the following conditions: 1. The requested adjustments to LDC Section 54-4-19.12(c) Street lighting, and Section 54-4- 19.11(i)(4)h Cul-de-Sac length, are granted; 2. Construction of a fully designed, second access point is required in the southwestern portion of the top loop of Yearling Trail at the Shakespeare Street and Lanfair Avenue intersection prior to issuance of the final certificate of completion. Final design shall be included with the submittal of the CCLE Addition's subdivision construction plans, and shall include any improvements necessary to the aforementioned intersection so that it meets FDOT and city design standards. The maintenance of the second access shall be the responsibility of the CCLE HOA, which can be gated. The second access point may be used as an emergency access only until such time as when Shakespeare Street is extended and open to CR 510. When this occurs, the second access point must be opened to the residents of CCLE for full access. 3. The final stormwater design shall be re -submitted with the subdivision construction plans after review and approval by SJRWMD and SRID, and shall address any remaining comments from the city's consulting engineer. 4. A recreational fee -in -lieu payment for one (1) acre of land must be received, and/or an agreement regarding the fee -in -lieu payment must be executed with the City before final platting of the subdivision can occur. 5. A Gopher Tortoise survey in accordance with Fish and Wildlife Service guidelines shall be updated & submitted prior to issuance of any Land Clearing Permit and site development activities, including for the area of the second access point. 6. Subdivision construction traffic for the CCLE Addition parcel shall enter from the primary entrance on Powerline Road and not from Shakespeare Street or Lanfair Avenue PREPARED BY ' DATE 0 EXHIBIT A 2020 Petition Good evening My name is Kathi Armstrong and I wish to make a brief statement on behalf of our community. Following this there are few other community members who wish to speak, as well. "" (hand board members copy of statement, if needed) We, the undersigned individual property owners and members of the Cross Creek Lake Estates Homeowners Association (CCLE HOA), ask that the Zoning Board withhold approval of this Preliminary Plat Approval Request. We have two major areas of concerns regarding the current proposed preliminary plat: 1. Lots 23 & 24, as shown on the proposed plat, are designated as building parcels. Since the approval and subsequent opening of the development, known as Cross Creek Lake Estates, in 2013, marketing of the development has included the inclusion of an on -site Boat/RV Storage Area (Attachment 1: ADVERTISING SAMPLES). As recently as a few months ago Mr. Fischer has had individuals working on site development of this Storage Area (Attachment 2: IDENTIFIED STORAGE AREA). This RV/Boat Storage Lot has also been referenced in past Annual HOA Meeting Minutes (Attachment 3: MINUTES 2027 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 entranc%xit when Shakespeare Street is modified to meet current standards." We assume the City will be making the mentioned improvements to Shakespeare Street at which time the emergency ingress/egress will become a main entry/exit What is the timing of these improvements to Shakespeare and who will bear the cost of then improving the 'emergency' entrance/exit to make it another main entrance/exit? We are also concerned about the design of a new gate. We believe that for safety and security reasons any gate installed needs to match the height and Integrity of the existing fencing and front gate. The current secondary emergency access for our neighborhood Is a sloped grassy section of land between Yearling Trail and & 70e` Avenue that is not paved. The gate is overgrown with vines and inoperable in its current state (Attachment 4 CURRENT EMERGENCY ACCESS). It should also be noted that in the request for PLAT 1 in 2013, TRACT K is designated as a permanent emergency access, although nothing has ever happened in the identification and use of that area, as such. This access is also overgrown and inaccessible (Attachment 5 PLAT 1 SUBMISSION AND ACCESS). In the current request it is recommended that the board might consider mandating the design of a second emergency access as part of the approval process. We, the homeowners, ask that it not only be mandated, but that it be noted that all requirements foregressing onto the roadways be in compliance with town and county requirements before approval of the addition Is given. Lastly, the report states that "The applicant has submitted an environmental report, there does not appear to be any gopher tortoise or scrub jay habitats affected within the proposed development area'. This may not be wholly accurate. There are four nests on the Shakespeare side of Yearling Trail, starting across from block one lot six and across from 505 and 507 Yearling. (Attachment 6 GOPHER TORTOISE HABITAT). We ask for further investigation into the Gopher Tortoise habitat to ensure its integrity, in accordance with the Florida Fish and Wildlife Service guidelines. Because of these concerns, we respectfully request that you withhold approval of this Preliminary Plat. Thank you Jane and Tony Levinsky 103 Yearling Trail Nina Reeder 103 Rawlings Path Patty and Dave Singewald 101 Rawlings Path Debbie and Bob Dalrymple 104 Micanopy Path Jan and John Garrison 307 Yearling Trail Diane and Charlie Koeppel 321 Yearling Trail Michele and Lenny Ducharme 507 Yearling Trail Colleen and Ivan Scerri 108 Aeolian Harp Path Nancine Vitale 607 Yearling Trail _ _ Colleen and Joe Wllkowski 629 Yearling Trail Kathl and Ken Armstrong 715 Yearling Trail Wendy and Tim Barnes 721 Yearling Trail Carol and Dave Wscher 805 Yearling Trail _ _Desiree and, Kevin McCluskey 903 Yearling_ Trail Pat and A_lan_Disher 929 Yearling Trail Angela and Mark Piccirillo 952 Yearling Trail I Leslie and George Knight 107 Yearling Trail �f Joann and Glen Crowder 107 Rawlings Path John Cyzewski 207 Yearling Trail Mary and Bob Rogers 109 Micanopy Path Ann and Paul Abatf 317 Yearling Trail Maria and Pablo Molina 403 Yearling Trail Michael Golfs 106 Aeolian Harp Path Jacque and John Bennis 109 Aeolian Harp Carol and John Bifle 609 Yearling Trail Denise and Donald Anderson 705 Yearling Trail Shfzuko and Len Thiessen 717 Yearling Trail Rhonda and Jim Spencer 724 Yearling Trail Terry and Ivor Mills 811 Yearling Traif Nancy and Vincent LaRocca 915 Yearling Trail Deborah and Leo Bond 931 Yearling Trail ENVIRONMENTAL ASSESSMENT REPORT CROSS CREEK ADDITION INDIAN RIVER COUNTY, FLORIDA JUNE 24, 2022 Prepared by - ECOLOGICAL CONSULTING OF FLORIDA 850 NW FEDERAL HIGHWAY, SUITE 109 STUART, FL 34994 772-220-7817 s::uotnickOecf--llc. com ,/�� Cam; 5� David C. Sopotnick, President 2145.01 1.0 INTRODUCTION This assessment is in support of the development approval for the subject ±43.98-acre site in Indian River County. 2.0 SITE LOCATION The project is located within Section 30, Township 31 South, Range 39 East within Indian River County, Florida (Figure 1). The subject property includes a vacant, previously developed agricultural property. Bordering land uses include residential to the north, with open lands to the south, east and west. 3.0 METHODOLOGY The assessment methodology consisted of the review of topographic information, soils maps, and recent aerial photographs. A field reconnaissance of the subject parcel was then conducted which included pedestrian transects through the parcel to map and identify specific habitat and land uses and vegetative cover types. A perimeter transects were conducted to confirm features that extend off site. Field notes were taken and an aerial photograph was marked with land use and cover types and any environmental findings. 4.0 TOPOGRAPHY/HYDROLOGY According to the U.S.G.S. topographic (Sebastian Quadrangle), the site is relatively flat at an average elevation of 20 feet NGVD, sloping towards the southwest. (Figure 1). The site is depicted as undeveloped lands. There are no structures, wetlands shown on the topographic map. A small water body is shown in the north central portion, along with an east -west ditch from the east ending halfway through the site to the west. 5.0 SOILS According to the Web Soil Survey of Indian River County, FL (NRCS — Web Soil Survey), the following soil is found on site (Figure 2). Eau Gallie fine sand (3) Mvakka-Mvakka. wet, fine sands. 0 to 2% slopes (5) Oldsmar fine sand (6) Riviera fine sand. 0 to 2% slopes (10) Wabasso-Wabasso. wet, fine sand, 0 to 2% slooes (13) Arents, 0 to 5% slopes (23) The soils appear to be disturbed by past agricultural activities. The historic aerials show fish ponds.present in the northwest section of the site. None of these soils are classified as hydric. 6.0 SITE CONDITIONS An assessment of the extent, distribution, and composition of vegetative communities for the site was originally conducted by Chris Sopotnick of Ecological Consulting of Florida (ECF), on May 11, 2021, with later investigations made on June 15, 2022, for the eastern addition. The entire site was re -assessed during the 2022 investigation. Pedestrian transects were conducted throughout the site with vegetative communities mapped on a recent aerial photograph. A description of each community type is provided in the Habitat/Land Use section of this report. 7.0 HABITAT/LAND USE Onsite habitats and adjacent land uses have been characterized using the Florida Land Use Cover and Forms Classifications System (FWC, 2009) (FLUCFCS), and are described below and depicted on the Land Use and Cover Map (Figure 3). o 1780 — Bare Soil: this area has been cleared of vegetation with spoil raised around three sides. The are is open soil, with a portion paved and likely serving as storage parking. o 17315 — Other Open Lands - Rural: this cover type shows evidence of past disturbance. A review of the historic aerials identify that the site was used for agriculture (fish ponds) dating back to 1985. The ponds persisted and the site appears overgrown with vegetation until the 2019 aerial. Vegetation piles are currently on site and include Brazilian Pepper (Shinus terebinthifolius), a few laurel oaks (Quercus laurifolia) and cabbage palms (Sabal palmetto) are present with the site primarily being covered with guinea grass (Megathyrsus maximus), ragweed (Ambrosia artemisiifolia), bidens (Bidens pilosa), dog fennel (Eupatorium capillifolium) and grapevine (Vitus Spp). Three abandoned structures are noted and all ponds have been filled. 0 2100 — Freshwater Non -Forested Wetland: this area is vegetated with cattails (Typha spp), primrose willow (Luwigia peruviana), paragrass (Brachiaria mutica) and water hyssop (Bacopa monnien), sedge (Rhynchospora spp), and a few pickerelweed (Pontedaria cordata). o 3210 — Artificial/Farm Pond: the feature is a small borrow pond that is densely vegetated with cattails and Carolina willow (Salix carolinana). o 4220 — Ditch/Artificial Intermittent Stream: this feature is an upland cut drainage ditch that traverses the site north south in the central part of the property, connecting to an east -west ditch, with both outfalling to the main drainage ditch offsite to the south. o 7100 — Australian Pine: this habitat is disturbed and includes a monoculture of Australian pine (Casuarina equisetifolia). A pine needle duff layer covers the ground with fallen trees throughout. No other vegetation is present in this cover type. o 7300 — Brazilian Pepper: this cover type is disturbed and dominated by Brazilian pepper. Other vegetation noted includes cabbage plams and laurel oaks. 5 8.0 CRITICAL HABITAT/ LISTED SPECIES OBSERVATION The site was reviewed for the presence of habitat conducive to federal and state listed flora and fauna. An initial review documented vegetative communities and noted areas listed as potential habitat. Although disturbed, the site has habitat conducive to gopher tortoises. One burrow potentially occupied tortoise burrow was observed in the southeast corner near the farm pond. Prior to development (no more than 90 days from earthwork) a 100 percent survey of the site should be surveyed. The Other Open Land — Rural is considered low quality habitat for Florida scrub jay. This species is listed as threatened by the US Fish and Wildlife Service (USFWS). Although not considered prime habitat, scrub jays can be found not far to the east of this parcel and therefore a full scrub jay survey of this habitat is recommended. The survey should be conducted in the months of March, September, or October to confirm no birds utilize this site for foraging. A database search of FWC records for documented bald eagle nests was conducted and none were noted for the property or within 0.5 mile of the site. Non -listed wildlife or signs of species observed include cottontail rabbit, cardinal, cattle egret, common wren, black racer snake, and raccoon (tracks/scat). All species of wildlife observed are typical representatives of the habitats on site. None are unusual for the Indian River County Area. 7 The Florida Natural Areas Inventory (FNAI) provides a matrix by County of rare and endangered species in Florida. Based on the known distribution and preferred habitats of certain species, the following listed wildlife has the potential to occur on site: TABLE 1 — FNAI LISTED SPECIES COMMON NAME SCIENTIFIC NAME EVIDENCE/SIGHTINC STATUS FWC USFWS Eastern Indigo snake Dr ymarchon corias couperi Not observed T T Gopher tortoise Gopherus polyphemus Observed T Gopher frog Rana capito Not observed SSC Florida pine snake Pituophis melanoleucus mugitus Not observed SSC Florida Panther Puma concolor coryi Not observed E E Burrowing owl Speotyto cunicularia Not observed SSC Woodstork Mycteria Americana Not observed E E American Alligator Alliaatormississipniensis Not observed T T Crested caracara Caracara cheriway Not observed T T Florida scrub -jay Aphelocoma coeruluscens Not observed T T Piping Plover Charadrius malodus Not observed T T Red -cockaded woodpecker Picoides villosus Not observed E E Southeastern American kestrel Falco sparverius paulus Not observed T Florida sandhill crane Grus Canadensis pratensis Not observed SSC Osprey Pandion haliaetus Not observed SSC Snail kite Rostrhamus sociabilis plumbeous Not observed E E Least tern Sterna antillarum Not observed T Sherman's fox squirrel Sciurus nigershermani Not observed SSC Manatee Trichechus manatus Not observed E E Abbreviations: SSC = Species of Special Concern, T = Threatened USFWS = United States Fish and Wildlife Service, FWC = Florida Fish and Wildlife Conservation Commission, 8 9.0 WETLANDS AND SURFACE WATERS The soils map, topographic map and National Wetland Inventory (NWI) maps were reviewed to identify potential wetland areas. Subsequent field reconnaissance was performed to confirm limits of wetlands within the project site. The site soils have been altered throughout the years by agricultural management and more recently vegetation clearing. The topographic map nor the NWI map showed any wetlands or surface waters on site. Site reconnaissance identified an other surface water on site (Farm Pond (FLCCS 3210). No wetlands were identified. The surface water is an excavated area that has standing water and hydric vegetation present. In addition to the farm pond, the two ditches (FLCCS 4220) on site would be considered surface waters. The surface waters are regulated by the St. Johns River Water Management District (SJRWMD) and would require permitting if impacted. SJRWMD will require an inventory of the other surface waters as well as showing them on the permit drawings, however mitigation will not be required for impacts to this feature. Federal 404 jurisdiction (wetlands) is regulated by either the US Army Corps of Engineers (USACOE) or the Florida Department of Environmental Protection (FDEP). Based on the wetlands being inland from tidal waters, FDEP would be the agency to address federal 404 jurisdiction if warranted. The ditches are considered upland cut and should be exempt from federal 404 jurisdiction. Prior to development coordination with FDEP should occur. Based on the upland cut nature of the surface waters they should meet the criteria of No Permit Required (NPR). This will need to be confirmed by FDEP during the permitting process. G] 10.0 CONCLUSION The subject property includes vacant, disturbed lands. Habitat for listed species was identified. Gopher tortoises and scrub jays have the potential to be found in the Other Open Land — Rural land use. Although considered a low probability this habitat is close to an active population of scrub jays (less than 1.5 miles east) and a tortoise burrow was observed. A 100-percent tortoise burrow survey is recommended prior to construction. Although the on site habitat is marginal for scrub jays a full survey is recommended in the months of September, October or March. Surface waters are found on site and are considered jurisdictional by the SJRWMD. The wetlands will need to be permitted as part of the ERP process, but will not require mitigation. A 404 No Permit Required request is recommended to be submitted to FDEP to confirm no jurisdiction over the ditches (upland cut). Based on the current navigable waters executive order it is not anticipated that the ditches will fall under federal jurisdiction. 10 FLORIDA SCRUB JAY SURVEY CROSS CREEK PARCEL INDIAN RIVER COUNTY, FLORIDA NOVEMBER 21, 2022 Prepared by: ECOLOGICAL CONSULTING OF FLORIDA 850 NW FEDERAL HIGHWAY, SUITE 109 STUART, FL 34994 772-220-7817 David C. Sopotnick, President 2145.01 1.0 INTRODUCTION This assessment is in support of the City of Sebastian development approval process. The development will include residential housing and stormwater improvements. This survey is being provided to confirm whether scrub jays utilize the subject property 2.0 SITE LOCATION The project is located within Section 30, Township 31 South, Range 39 East within Indian River County, Florida (Figure 1). The subject property includes a vacant, previously developed agricultural property. Bordering land uses include residential to the north, with open lands to the south, east and west. 3.0 METHODOLOGY The assessment methodology consisted of the review of topographic information, soils maps, and recent aerial photographs. Habitat on site is considered low probability for scrub jays as it is fully grassed and mowed on a regular basis. The surrounding properties are either residential communities or agricultural uses and do not include typical scrub jay habitat such as scrub or palmetto prairie. However, as this property is within Indian River County and east of 1-95 a scrub jay survey is being conducted to confirm no usage by scrub jays. Two stations were established for playback and monitoring stations. The habitat is open and sound carries well so the station were established at less than 660 feet apart per USFWS guidelines. 4.0 FLORIDA SCRUB JAY SURVEY The site was originally reviewed by ECF June 15, 2022 with this scrub jay survey conducted from October 17-21, 2022. After defining habitats on site, transects were established with playback stations identified. Playback stations were placed no more than 660-feet (200-meters) apart, with denser habitat requiring 330-feet (100-meters). Playback Stations were established and are identified on Figure 1. Field surveys were then conducted over five consecutive days. Pedestrian surveys were conducted from sunrise to no later than mid morning. Florida Scrub Jay (Aphelocoma coerulescens) vocalizations of territorial scoldings, including the female "hiccup" call were played at playback stations in all four cardinal directions at each station. Field notes were taken to document any occurrences. Various songbirds including mocking birds and blue jays, were noted during the survey No scrub jays were sighted, nor were any calls answered during the survey. 5.0 RESULTS A recent scrub jay survey was conducted for the 2022 season and no scrub jays were observed nor were any calls noted during the survey. Based on the results of this survey, it is our opinion that no scrub jays are on site and no territories extend to the property. The subject property is not located near any known scrub jay parcels and lacks traditional scrub jay habitat. The site is bordered by residential land uses and agriculture. Conditions for the 2022 scrub jay survey were good for sightings, and none were observed. It is ECF's opinion that no scrub jays utilize the site. 2 Scrub Jay Survey Cross Creek Parcel October 17-21, 2022 Survey Performed by Chris Sopotnick Date/Times Station#E Results Weather Conditions 10/17/22 08:00/08:20 1 warbler, mocking bird 5-8 MPH SE/clear 82 ° 2 mocking bird 10/11/22 08:05/08:25 1 no birds 5-8 MPH NW/clear 770 2 bluejay, mocking bird 10/12/22 08:00/08:20 1 mockingbird, bluejay 10-15 MPH NW/ clear 640 2 grackle, bluejay 10/13/22 08:00/08:20 1 loggerheaded shriek 5-8 MPH NW/ clear 680 2 bluejay, warbler MUM 08:00/08:20 1 grackle, mocking bird 10-15 MPH NW/ clear 70° 2 mocking bird, blue jay School Impact Analysis Form (For Residential Projects Only) Instructions to Applicant: Submit one copy of the completed application, location map, for eacb new residential project or building permit requiring a determination of school capacity to the applicable local government. Type of Application Request: [ ] Conditional School Capacity Availability Determination [School Capacity Availability Determination [ ] Request for Exemption (i.e. age restricted community) Project Information Project Name: [;roac Creek Lake Estates Addition Parcel ID#: (attach separate sheet for multiple parcels): 31393000000500000002.0 Location/Address of subject property: Located between Barber Street and 85th Street, west of 70th Ave In Sebastian (Attach vicinity location map — with Closest Major Intersection) Ownership/Contact Information Owner/Contract PurchaserName(s): Gross Creek Addition, Inc. Agent/Contact Person: Henry A. Fischer c/o Joseph W. Schulke, P. E., Schulke, Bittle & Stoddard, LLC (If an applicant is not the owner of record, a letter of authorization from the property owner(s) must be included with this form at the time of application submittal) Mailing address: 1717 Indian River Blvd, Suite 201 Telephone#: 772-770-9622 Fax: 772-770-9496 E-mail: ischulke5sbsenoineers.com Development Information Current Land Use Very Low Density Proposed Land Use Very Low Density Residential Designation Residential Designation Current Zoning RS-10 Proposed Zoning RS-10 SF: 35 Proposed # Dwelling units by type': MF: (rental) Condo: ' Show only the # of units for this on not the total for the development I hereby certify the statements d informati n contained in this application and attachments submitted herewith are true and correct to the best of ry fowl , ! _ Owner or Agent Signature .f � : X Date VJ For School Distrcl�rse Only (Capacity Availability Determination) School Capacity Available: X School Capacity Not Available: Exempt: School Capacity Available' Adjacent Service Area: ,,I �U �ql 3/17/23 A ""` / , 9fchool district Facilities list Signature Date Page 9 of 10 Friday, March 17, 2023 Indian River County School District School Concurrency Availability Determination Project Name: Cross Creek Lake Estates Addition Project Unit Yield By Type of School Date Received: 3/16/23 Yield Elem Mid High Case Number: Single 0.189 7 Single 0.097 3 Single 0.123 4 Location: Located between Barber Street & 851" Street, West of 70th Avenue Sebastian, FL ParcelID# 31393000000500000002.0 Proiect Planned Units: # Single Family: 35 # Multi -Family: # Townhomes: # Apartments: Additional Applicant: Cross Creek Addition, Inc. Information: Contact: Henry A. Fischer, c/o Joseph W. Schulke, P.E., Shulke, Bittle & Stoddard, LLC 1717 Indian River Blvd, Suite 201 Vero Beach, FL 772-770-9622 — Phone/772-770-9496 — Fax igineers.com School Service Area Boundary Current Programmed Total Current Vested Total Available Project (SSAB) Capacity Capacity Capacity Enrollment Demand Demand Capacity Demand Pelican Island ES 654 0 654 314 0 314 340 7 Storm Grove MS 1267 0 1267 1021 0 1021 246 3 Sebastian HS 2334 0 2334 1847 0 1847 487 4 This letter is in response to a Conditional School Capacity Availability Determination Request for the Project Cross Creek Lake Estates Addition. This Project is located in SSAB for Pelican Island Elementary School, Storm Grove Middle School, and Sebastian High School. The SSAB does have sufficient space available to accommodate the students projected to be generated from this project. cmof HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cItvoisebasffan.orq ❑ PUD — Conceptual Development Plan ❑ PUD — Preliminary Development Plan (so acres or <) ❑ PUD — Preliminary Development Plan (> than so acres) ❑ PUD — Site Plan ❑ PUD — Final Plat ❑ SITE PLAN (Administrative Approval) ❑ SITE PLAN (New Development) ❑ SUBDIVISION — Division of Single Lot (Residea w) [(SUBDIVISION — Preliminary Plat (so acres or <) ❑ SUBDIVISION - Preliminary Plat (> tbanso acres) ❑ SUBDIVISION —Construction Plans ❑ SUBDIVISION — Final Plat ❑ SITE PLAN (Major Modification) ❑ SITE PLAN (Minor Modification) Project Name: Cross Creek Lake Estates Addition Total Site Area: 24.43 +/- Acres F Parcel ID: 31393000000500000002.0 Address of Site: Proposed Use: Residential Subdivision Land Use: Very Low Density Residential Zoning: RS-10 Applicant Name: Cross Creek Addition, Inc. Address:10725 US Hwy 1, Sebastian, FL 32958 Telephone: 772-589-3159 Email: haft@bellsouth.net Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Same as applicant above Address: iTelephone: Email: Date Received: Fee Paid: Received by: FORM A Surveyor: William B. Zentz .& Assoc., Inc. Address:684 Old Dixie Hwy., Vero Beach, FL 32962 Telephone:772-567-7552 Email'biliz-wbz@comeast.net Engineer: Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC Address:1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 I Telephone: 772-770-9622 Pre — Application Meeting Date: + 4/5/2022 DESCRIPTION OF PROPOSED PROJECT: Email: jschulke@sbsengineers.com Addition of 35 single family residential lots SIGNATURE OF APPLICANT I hereby certify that 1 have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or c cel the provisions of any other state or local law regulating construction or the performance of ction. n Henry A. Fischer �. i j - a - aoaa, Print name Signature Dde Notarv: STATE OF: Florida COUNTY: Indian River I hereby certify that on Q , 20ai personally appeared Henry A. Fischer who is personally known to me or has _ produced identification. Type of identification produced: 3 , [SEAL] �711A& ! .I•`�I% Nofiry Public / MICHELLE R. COSS My Commission Expires: Notary Public -State of Florida Commission #1 GG 361343 My Commission Expires July 31, 2023 FORM A PRELIMINARY PLAT CROS.SCREEK LAKE ESTATES ADDITION S/D room _ G- 0 '2, aw AUG 0 23 - Nnm where be TOW. can I3efae yvM dig. . 1820 SHAKESPEARE ST SEBASTIAN, FL 32958 SECTION 3Q TOWNSHIP 31, RANGE 39 EAST CITY OF SEBASTIAN r , r PROJECT INFORMATION LEGAL DESCRIPTION PROJECT INFORMATION APPLICANT. HENRY ZISDIER— CRWB LRFER ADDITION INC. PG. BDX MEWS STBASTLAN, Fl NST8 i DESCRIPTION OF SURVEY SITE PROVIDED BY CADENT 9- From the center of Section 30, Township 31 South, Range 39 East, ENGINLER E ENGIN SOULKE. BRAE I SRDSUITE TLC nn INDIAN RIVER STUB SUITE 2m Indian River County, Florida, run South 8932'01' West along the North boundary of the Southwest quarter of Section 30 a distance VEROTEL((m �rL 329960 of 1163.97 feet to the Point of Beginning; thence run South FAA: (2T2)i TTO - 9496 0009'57- East a distance of 133624 feet to the quarter -quarter SURVEYOR: line; thence run South 89'wCn. Tkst along sold quarter -quarter WILUAM A. ZDn2 & ASSOCIAIES Ina a distance of SM12 feet; thence run North ODW51' West a 668E 0 DOEBEAMFLM32r62 VER772-557-n5I dlafor of 1331.88 feet to the North boundary of the Southwest quarter, thence run North 8932'01' East ' distance of M55 feet to the Point of B MIng. PROJECT DESCRIPTION: ResDENTAL DEVELOPMENT WITH :: SINGLE-FAMIL UTS LESS and Except the Southern fifty (50) feet of the above described SREADDRESS: YEARUNC TRAIL SLMASRAµ IT 32958 EOnt aCounty, Order 9, Page 564 in the Public TAAI.O.NO: 31-39-30-OJ000-SODD-00002.0 Reoordey of I ian FIDODZONE: THE PARCEL OF LAND SHOWN HEREON APPEARS TO BE IN FOOD ZONE 'AT 206' AND'%, PER ROW INSURANCE RATE MAP 612061W113 J, DATED 01/25/2023 OROSSAREA: 2443 AC TOTALDEVFLOPASLEAREA: 24.43 AC EAISTNG ZOMNGMlANO USE RS-10 / V.LDR PROPOSED MNNTENANCE ENTITY: PROPERTY OWNERS ASSMATNN DEdCATIDNOFIMPROVEMENTS: PRIVATE ROAD/RIGHT O'-WAY, PUBLIC UPLI"LL5 MEANS OF CONVEYANCE OF OWNERSHIP: FEE SIMNL CONSTRUCTION START: MARCH 2023 CONSTRUCTION COMPLETION: MARCH 2024 ET W TING S ITE CONDITIONS: - UNDEVELD-ED SUE 'A' - FLOOD ZORE'AE 20.6' ANDPER ROW INSURANCE RATE MAP 012061CD113 1, m/26/2J PROJECT PHASING. TITS PRORCT 15 PRDPOSEO TO BE COMPUILD INONF WHARF STREET SIGN. ALL DIIERNAL STREET NAMES SHALL SE S' N HUDN WITH S' LETTERS ROADWAYS: INTERNAL ROADWAYS ARE PROPOSED TO BE DEDICATED AS PMYME ROADWAYS AND SHALL TYPICALLY INCLUDE 20' MINIMUU OF AiAHALT ROAD SURFACE. "I MWATER MANAGEMENT: - TRACT "K & R' FOR STORMNATER MANAGEUENL SERVES 10 OFTAN A I REQUIRED STORN10TER INH-OFF: - ROAD RICHT-CF-MY ANDAR DRAINAGE EASEMENTS SHALL BE CREATED TO AQUMVWATE THE LOCATION OF CONVEYANCE SWAIETPIPES UTAUTYPROVI. THIS PROJECT WILL BE SERVICED BY. WAT FRISEM£R IRCDJSFR UECIRIC CABLE TV WMCAST TELEPHONE AT&T - ALL URUPES ARE AVALABLF AND HAVE BEEN COORDINATED MTH ALL UTILITY PROMDRS - ALL UTUTES MIL BE IUSTAI IM UNDERGROUND REWIRED PERMITS: CITY OF SEBASTIAN PRELIM'NARY PLAT APPROVAL FINAL PLAT APPROVAL LAND CLEARING PERMIT TREE REMOVAL SUBDIVISION CONSTRUCTION PERMIT STORNWATER PERMIT DE -WATERING PERMIT INDIAN RIVER COUNTY UTILITY CONSTRUCTION PERMIT S.U.R.W.M.D, ENVIRONMENTAL RESOURCE PERMIT - STORMWATFR S.R.I.D. STORMWATER CONNLCNDN PERMIT F.D.E.P. NOTICE OF INTENT TO USE GENERIC PERMIT WASTEWATER CONNECTION WATER CONNECTION I.R.GD.O H. WALL ABANDONMENT PERMIT (IF ANY WELLS FOUND ONSITE) SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING -LAND PLANNING- ENVIRONMENTAL PERMITTING REGISTRY #8668 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineers.com C41m ri1 W C100 CesW Cam L9J2 CSC3 A C506 CBOT _ CLOD C.SOD SHEET LIST TABLE TITLE COVER SHEET PRELIMINARY PLAT IDUSTING SITE CONDITION SAIMPP SNVRPP DETAILS — M TERPAVING,GRAOINCG DRNNAGEITUTILITYPLAN PAVING, GRADING, DRAINAGE & UTILITY THAN (40 SCALE) PAVING, GRADING, CRAINAGE & LMUTY PLAN (40 SCALE) SECTIONS PGDU DETAILS AID SPECFICATONS MOIL DETAILS AND SPECIFICATIONS J _ 'F6BU8"6NAEfF - :�SBM6VMTER ::.eB11&YYA7E11- - .-coMsws� _ LANDSCAPE PLAN O FFSITE I SEOONDARY ACCESS PLAN A THEY SHEETS HAVE BEEN OMITTED FROM THE 'PRELIMINARY PAT SET OF DRAWNs. THESE WILL BE NCWDOD WITH THE SMDYISON CONSTRUCTION PLANS _MAW REVISIONgpTE_ J �Y OR H_ p. 91i1 O WiI.�I P. SI RED.N6/MG EtD,PE REGAe