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Home My WebLink About11-04-2024 BOA Agenda7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting; if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF ADJUSTMENT MEETING rgs 7.14 8A. Draft August 28, 2024 Board of Adjustment Minutes Staff Report Draft August 28, 2024 BOA Minutes ngs 15.21 8B. Draft September 11, 2024 Board of Adjustment Minutes Staff Report Draft September I I, 2024 BOA Minutes Quasi -Judicial Public Hearings: Mayor opens hearing and invites the Public to complete speaker oath cards Attorney reads variance request City Council Members disclose ex par le communication Applicant makes their presentation Staffpresents their,>indings City Council asks questions ofapplicant or staff Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided the opportunity to respond to issues Staff provided opportunity to sunnnarize request City Council deliberation Mayor calls for a motion ngs ++-107 8C. Appeal of an Administrative Determination regarding a Denial of a Landclearing Permit for 33.23 acres for Sebastian Overlook Subdivision/Sebastian Highlands Unit 17 - Hawkins Project 1, LLC, Appellant Staff Report.docx Landclearing Permit #24-371 1 Zoning Denial Letter from MyGov Permitting System Staff - Exhibit A - Cover Sheet through A5 Appellant - Exhibit B - Cover Sheet through B 14 Public Notice.pdf 9. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so CITY OF SEBASTIAN SEBASTIAN ENTENNIAL CELEBRATION 1914 -1014 BOARD OF ADJUSTMENT STAFF REPORT DATE November 4, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Draft August 28, 2024 Board of Adjustment Minutes EXECUTIVE SUMMARY Draft minutes are presented for review. RECOMMENDATION Request changes if necessary. Approve minutes. ATTACHMENTS: 1. August 28, 2024 Board of Adjustment Minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A SEBASTIAN CENTENNIAL CELEBRATION 1914.1014 BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached August 28, 2024 Board of Adjustment minutes were approved at the November 4, 2024 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk Regular City Council & BOA Meeting August 28, 2024 Page 10 C. Public Hearing on the Consideration of Resolution No. R-24-47 Community Development Block Grant Annual Action Plan for FY 2024/2025 Mayor Dodd opened the public hearing at 8:10 p.m. The Community Development Director introduced Joseph Sheets, Director at Anser Advisory. Mr. Sheets reviewed the Annual Action Plan that has to be adopted each year as part of compliance with HUD and Community Development Block Grant (CDBG) to remain eligible for the funding. In 2023 and 2024, the City rehabilitated three housing units to bring them up to Code. In this current plan year, the City continues to focus on owner -occupied housing rehabilitation for low to moderate income households with priority for the elderly, disabled, and veterans. Mayor Dodd commented on the amount of paperwork that is necessary to fulfill the requirements to obtain this grant and that is why the City hired Anser Advisory to handle this task at a cost of 23% of the grant money to cover the administrative expense. There was no public input on the item. MOTION by Vice -Mayor Dixon and SECOND by Council Member Nunn to approve R- 24-47. Roll Call: Mayor Ed Dodd aye Vice Mayor Kelly Dixon aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Motion carried 5-0. D. Consideration of Resolution No. R-24-48 for the Communitv Development Block Grant Annual Action Plan for FY 2024/2025 Mr. Sheets, Director at Anser Advisory, reviewed the Citizen Participation Plan, which is a part of the annual action plan that has to be adopted each year as part of compliance with HUD and Community Development Block Grant (CDBG) program to remain eligible for the funding. The Citizen Participation Plan (CPP) ensures that residents can participate in the City's development and planning process. There was no public input on the item. MOTION by Vice -Mayor Dixon and SECOND by Council Member Nunn to approve R- 24-48 passed with a unanimous voice vote of 5-0. 11. BOARD OF ADJUSTMENT HEARING Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 8:18 p.m. Regular City Council & BOA Meeting August 28, 2024 Page 11 A. Draft July 10, 2024 BOA Minutes MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve the July 10, 2024 Board of Adjustment meeting minutes passed with a unanimous voice vote of 5-0. B. Board of Adjustment Variance Request — Englert/Cotton — 168 Harris Drive — Accessory Structure Size, Setback and Easement Encroachment, and Aesthetics The Community Development Manager explained the applicant built a 500 square foot detached garage and permits were obtained. They later constructed carport overhang additions, or canopies or awnings, on both sides of the garage without permits. In working through the process of getting permits for the applicant, a variance request was being made. Variances are requested due to size, but staff has different information in different documents based on a 2019 permit, the proposed survey, and information provided by the applicant. The entire garage with carports is over 1,000 square feet. Staff requested an as - built survey but that has not been provided by the applicant. It cannot be determined if the addition does encroach upon a setback so staff does not know what the possible setback variance will be, and there may also be issues with the easement. She also noted there has also been noncompliance with the architectural requirements. If a detached building is over 750 square feet, it needs to be in conformity with the architecture of the house, including materials, color, and roofing. The Community Development Manager expressed that this is an incomplete application due to not providing an as -built survey which would help determine the amount of a setback variance and not meeting all architectural requirements. The applicant has offered to match color by painting, match the roofing materials at a future date, and plant some grasses. Not having matching roofs has been a reason for a variance denial in previous cases. Staff recommended denial of the variance request. The applicant, Chad Englert, stated that he did pull permits for the building of his garage and pouring of the concrete and asserts that the building setback does meet the Code according to the survey. He constructed the carport overhangs himself. He was told he did not need permits since it was not a permanent addition. They have sought resolution through the magistrate. It would cost him $850 for an as -built survey. Code Enforcement was initially contacted by a neighbor who was concerned that the overhang addition was too close to the property line. The City Attorney clarified that the Magistrate had suggested that the applicant seek a variance from the Council as a possible resolution. Regular City Council & BOA Meeting August 28, 2024 Page 12 Council Member Nunn inquired why the applicant stated he is willing to spend up to $30,000 to bring the site up to Code, but is unwilling to spend $850 for a survey to provide clear answers to the unresolved questions. Mr. Englert said his current survey clearly states he was in compliance for his 500 square foot garage at the time he obtained his permit. The Community Development Manager pointed out the permit stated it was a 12-foot concrete apron, but when the applicant turned in the variance application, it stated it was an 11-foot apron. There is also proposed survey that states it was a 10-foot apron. If it is a 10-foot apron, a variance for a setback encroachment is not needed, but the structure is still over 1,000 square feet and there would still be a need for a variance for the size. But if the apron, and thus the canopy, is 11 or 12 feet it will make a difference for a setback variance and it will need to be determined if it is encroaching into an easement. Vice Mayor Dixon expressed concern about the awnings due to safety reasons and whether they are considered a permanent part of the structure according to the Code. The Community Development Manager said the Magistrate already determined that the awnings were considered to be a permanent part of the structure and they need permits. Vice Mayor Dixon further questioned the applicant on whether he takes the awnings down when there is a hurricane since he states they are removable. The applicant admitted that he built them this way and bolted them so that a permit would not be needed. This was advice he received from the City when he was given advice over the phone. Council Member McPartlan suggested the applicant take down the awnings and then seek proper permitting. Mayor Dodd asked for public input. Jackie Hughes, a neighbor of the applicant, stated the applicants have improved their property by building this garage which benefits the property values of the whole neighborhood. C. N. Kirrie, a resident of Sebastian, asked how long the canopy is and how much of an overhang is allowed. The Community Development Manager stated that 36 inches of an overhang is allowed. The applicant spoke again and stated that if his variance was granted then he would move forward with the substantial costs for engineering diagrams of $2,800 to complete the permitting process and painting the garage, but he does not want to go through all of this Regular City Council & BOA Meeting August 28, 2024 Page 13 and not be given a permit. The applicant stated that the concrete apron measures right at 11 feet. The Community Development Manager stated that if the concrete measures at 11 feet there would still be 1 foot of side yard setback and 1 foot of an encroachment into the drainage easement. There is a catch basin right behind their house within the easement. If the City ever needed to get in to repair that, they would need to get an abandonment easement. She also noted that a lot of people come in to discuss having larger accessory structures built, such as detached garages. By granting this variance without having the exact details, or granting a variance after something has been built without a permit sets a precedent that some of the City's standards do not matter. Vice Mayor Dixon was concerned after the safety issues with hurricanes and recommended the applicant remove the awning temporarily and go through the proper permitting process. Council Member McPartlan asked if the applicant would be in compliance by taking down one of the awnings or canopies. The Community Development Manager stated if the awning on the east side was removed, there would no longer be a setback or easement encroachment issue and only the aesthetic issue would exist. MOTION by Vice Mayor Dixon to not approve the variance. SECOND by Council Member McPartlan. Roll Call: Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Mayor Ed Dodd nay Vice Mayor Kelly Dixon aye Motion carried 4-1. The City Attorney stated this issue will be sent back to the Magistrate since the applicant is still not in compliance with the Code because the variance was not given. C. Variance Request — Equity Trust Company/Jeffry and Tyler Kuehl — 1690 Indian River Drive — Side and Rear Setbacks — CWR Zoninp- District The Community Development Director explained the variance request before the Council. This is a small piece of property near Davis Drive. In the past a bed and breakfast had been planned for the site but it had been denied by the Planning and Zoning Commission. There was discussion at that time that it would be difficult to meet all of the requirements for commercial property because of the small size of the lot and it was better suited for residential development. Regular City Council & BOA Meeting August 28, 2024 Page 14 The applicants have purchased the lot and are looking to build a residential property. They are asking for a setback variance for the rear and side yard in order to build a one-story house that is the size they desire. They explained that building two-story design would meet the setback requirements, but the applicants want to avoid having stairs in the home due to potential mobility issues as they age since this will be their retirement home. Granting the variance does not mean a building permit can be issued right away. The applicants will still be required to bring in a site plan and meet FEMA requirements, but granting the variance will allow the applicant to move forward. If the variance is denied, it does not mean that a house cannot be built on this property, but the applicants may have to choose a different design. Mayor Dodd disclosed that he had a conversation with Rick Lefebure, the project agent on this. Jeffry Kuehl, one of the applicants, explained that his request for a setback variance is as minimal as possible. He does not want a two-story house that will look like a shoebox, but he has chosen a tasteful design. Rick Lefebure with Ethos Construction explained how difficult it is to build on such a narrow lot when the property lines extend in a skewed manner and the lot gets narrowing as it approaches the water. Mayor Dodd recollects that the bed and breakfast was turned down by the Planning and Zoning Commission because there was no way to exit the property without backing out directly onto Indian River Drive despite their plans to build a parking garage. MOTION was made by Council Member McPartlan to grant the variance, as well as the recommendations of staff, with the additional requirement that the property remains one story. SECOND by Vice Mayor Dixon. The Community Development Director reviewed the conditions of approval recommended by staff, including not granting the variance to future owners of the property if and when the property is sold. If the home is not constructed within two years, this variance will expire. These conditions are included in the motion. Mayor Dodd asked for public input and none was given. Council Member Nunn expressed agreement with the motion. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon passed unanimously with a voice vote of 5-0. D. Variance Reauest — Holidav Builders. Inc. — 631 Mulberry Street — Side Yard Setback Encroachment — RS-10 Zoniniz District Regular City Council & BOA Meeting August 28, 2024 Page 15 Continued to the September 11, 2024 Board of Adjustment meeting. - 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Discussion Reeardine the Placement and Desie_ n of the America 250 Monument at the Veteran's Memorial in Riverview Park Continued to the September 11, 2024 City Council meeting. B. Consideration of Amendment Three to the Aereement between the Citv and International Golf Maintenance to Extend the Aereement and Increase the Annual Contract Amount to $714.800 and Authorize the Citv Manaeer to Execute all AUAr00riate Documentation The City Manager said representatives from International Golf Maintenance (IGM) were present to request a one-year amendment to extend the agreement and increase the cost to $714,800. Steve Gano, Vice President of Operations, detailed why the greens on the Sebastian Municipal Golf Course were very rough last year and the many steps they have taken to make improvements, including using fertilizer to boost the grass and specific herbicides to combat weeds. They want to properly maintain the improvements they have made to the grass and this contract will help them accomplish this. They have a great team right now. They are investing in equipment, but also keeping costs affordable. Mayor Dodd asked why IGM has not had these types of problems with the grass at the other public golf course they manage in Indian River County. IGM explained there are more greens per acre to take care of at the Sebastian course than at Sandridge. There are 4 acres at Sebastian compared to 2 acres at Sandridge. In addition, Sandridge is at a higher elevation with better water drainage. The City Manager said it is anticipated that additional funds will need to be set aside to adequately maintain the golf course in the future. Since IGM has had this difficulty with the grass but has created significant improvement, he believes they are best suited to now continue the needed maintenance. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to extend the Council meeting until 10 p.m. passed unanimously with a voice vote of 5-0. Council Member Jones asked about other additional funds that have been given to IGM for fairways and sand. The IGM representative explained they had previously agreed to a 10- year contract with the City but it was not enough to keep up with costs and that is why several increases have been requested. CITY OF SEBASTIAN SEBASTIAN ENTENNIAL CELEBRATION 1914 -1014 BOARD OF ADJUSTMENT STAFF REPORT DATE November 4, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Draft September 11, 2024 Board of Adjustment Minutes EXECUTIVE SUMMARY Draft minutes are presented for review. RECOMMENDATION Request changes if necessary. Approve minutes. ATTACHMENTS: 1. September 11, 2024 Board of Adjustment Minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A 4- 11W SEBASTIAN CENTENNIAL CELIBRATION 1914 10M BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached September 11, 2024 Board of Adjustment minutes were approved at the November 4, 2024 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk Regular City Council Meeting September 11, 1024 Page 5 MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve Item #E. In response to Council Member Nunn, the City Manager said volunteers are welcome anytime and currently the City is participating with AARP's Retiree Program. Vice Mayor Dixon noted that all of the advisory board are volunteers and Council Member McPartlan spoke of the Volunteer Community Policing Officers who provide a tremendous benefit to the City. Roll call: Council Member McPartlan aye Council Member Nunn aye Mayor Dodd aye Vice Mayor Dixon aye Council Member Jones aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENT - None Mayor Dodd recessed the City Council meeting at 6:39 p.m. and convened the Board of _ Adjustment meeting. 10. BOARD OF ADJUSTMENT HEARING A. TABLED from August 28, 2024 — Consideration of a Variance Request — Holidav Builders, Inc. — 631 Mulberry Street — Side Yard Setback Encroachment — RS-10 Zoning District The Community Development Manager explained that this is a variance request for a newly constructed single-family home that was mistakenly built 5.8 feet from the side property line when the zoning district requirement is 10 feet. This type of variance has been requested in the past, but usually for older homes built in the 1970s or 1980s because during that time houses were built using plot plans; surveys were not required. Over the years, through changes to the Florida Building Code and City policies, our specific building permit and inspection processes have usually prevented these encroachments from happening. In this instance, Holiday Builders discovered the house was encroaching into the setback when they made the final survey and brought it to the attention of the City. The proposed survey for the permitting process did meet the requirements for the setbacks. However, through an error made by the Holiday Builders' surveyor, the house was not placed on the lot according to the proposed survey. Holiday Builders acknowledges this mistake was made in the building process and asks for relief through a variance since the house has already been built and the consequences of repairing such a mistake would be very costly for them. Staff took the position that the applicant does not meet the criteria for a variance because it is giving a preference to this property that is not ordinarily given to other single-family homes. Regular City Council Meeting September 11, 1024 Page 6 Also, because of this error, the septic tank and the drain field was also placed within the easement and the applicant has already agreed to relocate it. The applicant has offered to also provide a solid fence or plant a landscape hedge near the north property line that is being encroached upon. Mayor Dodd invited the applicant to make a presentation and then for public input. Anthony Palumbo, the Vice President of Acquisition Development at Holiday Builders, came forward and said he is glad to answer any questions and negotiate to provide any additional landscaping or irrigation. He said there is no way for Holiday Builders to reconfigure the house, and if the variance is denied, they will have to demolition the whole house. Ms. Toni Aros, who lives next door, expressed her concern that this mistake will affect the resale value and does not feel that a fence or landscaping adequately solves the problem of a lower resale value. Council Member Nunn and Council Member Jones both asked the Building Director if this had ever happened before and if there was a change that needed to be made to the process. The Building Director said this had not happened before in the 20 years he had been in his position. They do have checks in place through the construction process, but there is a reliance upon the surveys. The proposed survey was good and met the requirements for setbacks, elevation, drainage, etc. A mistake was subsequently made when the formboards were placed and this error was not noted in the formboard survey as it should have been. He mentioned that when inspectors go out, they are not focused on easements or encroachments because that is the work of the surveyors. Inspections would not even be scheduled unless the construction process thus far had already been preapproved. Council Member Jones asked about the septic tank being moved. The Building Director confirmed that the septic tank would be moved as required by the Indian River Health Department. Council Member Jones asked who is the owner of the affected property and how she felt about the proposed landscaping or fencing. Ms. Toni Aros clarified that she is a tenant, but says she is representing the concerns of the homeowner affected by this encroachment who is a relative that lives California. She expressed that a fence will make her feel imprisoned or in jail because of how close the now house is to the property line. She would prefer a hedge, but she feels that the resale value as well as her quality of life in the home has been negatively affected. Mayor Dodd assured Ms. Aros that the hedge would be on the property of the new house and the distance from her house and the hedge would be the same as if this mistake had never been made. Council Member Jones asked the applicant to address the enhanced quality control measures they would be taking to prevent this from happening again. Regular City Council Meeting September 11, 1024 Page 7 Ms. Dodie Keith, the owner of Keith & Associates, the surveyors for Holiday Builders, admitted this was their error and the responsibility of her firm. She has been a surveyor for 35 years and assured that Council placement of a building does not happen when proper procedures are followed and there was nothing that could have been done by City staff to determine this error had been made because it was a surveyor error. She explained that a remote calibration process utilizing GPS was done incorrectly and they did not realize the mistake until they got to the final survey. She also clarified there is still 17 feet between the new house and the neighbor's house. There is no encroachment onto the neighbor's property, even if a hedge is put in place. There is less yard now on the lot of the new home, not for the neighbor, which is a loss for Holiday Builders who will still bear the cost of moving the septic tank. Ms. Keith assured Council that the specific surveyor that made this mistake is no longer with her firm. Council Member McPartlan asked how long was the obligation to have a hedge going to be in place; will a hedge or fence be required in perpetuity? What will be the responsibility of the City if the new homeowner does not like the hedge and cuts it down? What if the hedge dies on its own? Is this a one-time obligation, or does the City continue to have an obligation? The Community Development Manager pointed out that if the planting of the hedge becomes a condition for approval of the variance, it will become part of the order. If a condition for approval is not met, the variance order will become null and void. She believes it is something that could be enforced through Code Enforcement. The City Attorney said for it to be required it would have to run with the property so that eventually it would be the new owner's responsibility. The Community Development Manager also pointed out that neighbors could complain to Code Enforcement if the hedge was not maintained and the order would be the grounds to make sure that the hedge was maintained or replanted. She also said the variance could include specific details to establish parameters of compliance, such as being a solid hedge, 5 to 6 feet at planting, 24 to 36 inches on center, a healthy hedge right at planting. Vice Mayor Dixon asked how the City would be affected moving forward by granting this variance. Is approving this variance going to allow for more "sloppy building?" The Building Director expressed that this was an isolated incident. Surveyors are professionals and they put their sign and seal on these documents. Mistakes likes this are not made very often. This has never happened in all his 20 years of experience. They do have checks within their system to look at the formboards before the slab is poured. Mayor Dodd also noted that if there is a motion to approve the variance, he would like it to specifically mention the recommendations of staff, including (1) the septic tank being moved according to the specifications of the Indian River County Health Department and verification by the City Building Department prior to issuance of a Certificate of Occupancy (2) to be completed within 180 days, as well as (3) the specific requirements for maintenance of the hedge. Regular City Council Meeting September 11, 1024 Page 8 Ms. Toni Aros showed the Council a picture on her phone of the property line and showing where her fence is. (See attached screenshot). Ms. Dodie Keith, the owner of Keith & Associates, the surveyors for Holiday Builders, expressed their willingness to extend the fence or create a hedge, but all of that will be done on the property of the new house and nothing will be taking away from land available on the neighbor's property. Anthony Palumbo, the Vice President of Acquisition Development at Holiday Builders, also assured Council they are willing to work with all parties involved. He would rather go ahead and do a fence and a hedge and make sure all parties are pleased with the result, including the new homeowner, the neighbor, the Building Department, and the surveyor. Council Member Nunn pointed out that we are putting legal obligations on a new homeowner that may prefer a fence over a hedge. The Community Development Manager reminded the Council that they can require an "opaque buffer" that allows for some flexibility for the new homeowner that will have this obligation. Ms. Toni Aros offered to get the owner of the home she lives in connected to the Council meeting via Zoom. The City Attorney pointed out that this is a quasi-judicial proceeding and there should not back and forth multiple times and time limits should be honored as well. There was a question of whether a Zoom call is allowed in a quasi-judicial proceeding. Mayor Dodd called for a 5-minute recess at 7:15 p.m. The Council returned at 7:20. All members were present. The City Attorney clarified that public input via electronic or other commercial media, such as Zoom calls, would not be permitted during quasi-judicial hearings. She also reminded the Council that they need to now consider who they have heard from and how their property interest is potentially affected by the variance. She advised against getting involved in negotiations with someone who is not a property owner or involved in civil matters between property owners. The Council decision should be based upon the variance criteria and what is appropriate under the City Code. Mayor Dodd affirmed that the Council would not be getting involved in any negotiations between Holiday Builders and any other property owners adjacent to that property, but we can direct that they put a buffer between the two pieces of property because our Code provides for that. MOTION made by Mayor Dodd and SECOND by Council Member Jones to grant approval of the variance as long as (1) the septic tank will be modified, re -permitted and re -certified by the Indian River County Health Department and (2) that a solid opaque buffer would be placed on the north property line, from the rear of the property to the front of the house, (3) all to be Regular City Council Meeting September 11, 1024 Page 9 completed within 180 days in order to receive a Certificate of Occupancy from the City Building Department. Roll call: Council Member Nunn - nay Mayor Dodd - aye Vice Mayor Dixon - nay Council Member Jones - aye Council Member McPartlan - aye Motion carried. 3-2 Mayor Dodd adjourned the Board of Adjustment meeting at 7:27 p.m. and reconvened the City - Council Meeting. 11. UNIFINISHED BUSINESS A. Discussion Reeardine the Placement and Desie_ n of the America 250 Monument at the Veteran's Memorial in Riverview Park The City Manager said previously Council approved the concept of a monument and directed staff to work with Dr. Hamilton to determine a location. The location was chosen and approved by the Veterans Advisory Committee. Dr. Holly Hamilton explained that this was one her final projects as President of the Florida Society of the Children of the American Revolution. She and her son, James, who is currently serving as an honorary President of the Children of the American Revolution also worked on this initiative to honor the men, women and children who fought for our Nation in the Revolutionary War. She displayed an overhead picture of the proposed location and design. There was no public input on the design or placement. Dr. Hamilton said they hope to have it installed by early summer next year. MOTION by Vice Mayor Dixon and SECOND by Council Member Jones to approve the proposed design passed with a voice vote of 5-0. MOTION by Council Member Jones and SECOND by Council Member Nunn to approve the location passed with a voice vote of 5-0. 12. NEW BUSINESS A. Consideration of Anneal from Ms. Weston in her Reauest for CDBG Funds The Community Development Director said that upon final review of the applications for this grant cycle, it was discovered that Ms. Weston was a previous recipient and the policy only allows one award in a five-year period. Ms. Weston was appealing her denial. CITY OF SEBASTIAN SEBASTIAN ENTEMAL CELEBRATION 1914 -1014 CITY COUNCIL STAFF REPORT DATE November 4, 2024 TO Board of Adjustment THRU Brian Benton, City Manager FROM Dorri Bosworth, Community Development Manager Appeal of an Administrative Determination regarding a Denial of a Landclearing Permit for 33.23 Acres for Sebastian Overlook Subdivision/Sebastian Highlands Unit SUBJECT 17 — Hawkins Project 1, LLC, Appellant EXECUTIVE SUMMARY The subject property, to be known as Sebastian Overlook Subdivision, is a portion of Sebastian Highlands Unit 17 located on Spring Valley Avenue, Empress Avenue, and Ithaca Avenue, in the area south of Mabry Street and north of Day Drive. A plat dividing the property into 109 lots was recorded in 1970 by General Development Corporation. This was done before any of the requisite infrastructure was constructed, specifically roadways and utilities. The existing surrounding canals and drainage easements were in place at that time, and the area had received its SJRWMD drainage permit. After GDC filed for bankruptcy in 1995, there have been several owners who have purchased the 109 lots as an entire purchase, but none have applied for permits to finish the infrastructure to allow construction of single-family homes. The current owner, Hawkins Project 1, LLC, for Ryan Homes, has been working with the City through a Subdivision Construction Application process to acquire approvals and permits to construct the roadways and install the utilities. It was initially assumed that the previous SJRWMD drainage permit would still be valid. However, after further review, it was determined that its approval was calculated on only 30% lot coverage for impervious area whereas the RS-10 zoning district allows for 55% coverage. A new plan was submitted to staff that incorporated a central stormwater retention pond over 10 of the platted lots. At this time staff suggested the developer re -plat the area to simplify dedications and to establish maintenance responsibilities through a new plat, but after a determination by the City Attorney that new subdivision codes would need to be met (recreation and preservation of native habitat requirements), the developer wished to continue using the older 1970 plat and any grandfathered non -compliances. As such, staff informed the developer that the older plat would supersede any processes for newer subdivisions for landclearing, and that clear -cutting the 33 acres would be not be allowed. As part of the Construction Plans, a revised Demolition sheet was submitted that overlayed the tree survey onto the plat and indicated the removal of trees only in the areas of road and stormwater construction. The Construction Plans were approved in June 2024 followed by City Council's approval of an ensuing Developer's Agreement which included establishing maintenance responsibilities for the sidewalks and stormwater. On October 11, 2024, the property owner/developer submitted a Subdivision Landclearing application to clear-cut the entire 33.23 acres. Because the request was in conflict with the approved Demolition/Tree Removal sheet, and based on prevailing procedures and processes for individual lot landclearing, since the property is already platted, and in consideration of other missing items, staff denied the permit. The developer/property owner wishes to appeal staff s determination to the Board of Adjustment, as allowed by Section 54-1-2.1(d), and in accordance with Section 54-1-2.5(d)(1). The appeal request was received within 10 days after the rendering of the denial. Per Section 54-1-2.5(d)(1), staff is required to "transmit to the Board all papers or materials constituting the record upon which the action appealed was taken." Staff s record is shown as Exhibit A items. The appellant's written request and materials are shown as Exhibit B items. RECOMMENDATION Conduct a quasi-judicial public hearing to consider the appeal request. ATTACHMENTS: 1. Landclearing Permit #24-3711 Zoning Denial Letter from MyGov Permitting System 2. Staff: Exhibit A — Cover Sheet through A5 3. Appellant: Exhibit B — Cover Sheet through B 14 4. Public Notice FUNDING SOURCE: Expenditure required Amount Budgeted: I Funding source N/A CITY OF SE TL_" - HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 Date: 10/14/2024 Permit No: 24-3711 Work Description: LAND CLEARING / SUB -DIVISION Permit Address: Parcel ID: 31391900001594000001.0 AMONG OTHERS BUILDING PERMIT PLAN REVIEW COMMENTS Zoning Status: General Denied by Dorri Bosworth 1. Landclearing request from Project Description is for 33.23 acres. No tree survey or plan indicating total tree removal was submitted. However, Sheet C-1 from approved Construction Plans indicates tree removal only in areas of road and lake construction. Landclearing request is in conflict with approved plans. Since area is already platted, individual landclearing permits are required for remaining platted lots to be cleared. However, building permits are required at the same time of landclearing permit submittal, which substantial subdivision infrastructure must be in place before building permits will accepted. 2. Application should specifically exclude the two Tracts owned by the city, i.e. Tract U & Tract W 3. Authorization letter submitted appears to be only for the variance application, does not authorize for landclearing/building permits. Please update 4. Submitted FDEP Notices to Construct (Water & Wasterwater) from 2020 are still in previous owner's name. Must be transferred to current owner/developer. Please re -submit updated Notices 5. Need updated Gopher Tortoise survey and FWC Relocation permit for clearing areas as shown on approved Sheet C-1 6. Clarify if Air Curtain Incinerator will still be used for clearing areas as shown on approved Sheet C-1. If yes, provide additional details on a plan such as location, distances from all surrounding residential areas, etc. Use of an incinerator requires additional approvals from City Council, Division of Forestry, and the Fire Chief. 7. Dewatering is a separate permit with separate fee. Please re -submit as such, and include a plan sheet detailing specifics on the type of pump, time of pumping, cross section of proposed Settling Basin, etc. along with copy of SJRWMD Dewatering permit 8. Please submit ROW permit applications for the Empress Avenue, Alexis Street, and Spring Valley accesses. 9. The final design of the Empress Avenue canal crossing must be decided and approved by the City Engineer before Landclearing permit can be issued EXH I BIT A CROF SEBASTIAV HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastiati.org TO: Board of Adjustment FROM: Dorri Bosworth, Manager/Planner Community Development Department DATE: October 25, 2024 RE: Appeal of Landclearing Permit Denial - Case #24-APL-8 Sebastian Overlook Subdivision/Sebastian Highlands Unit 17 Hawkins Project 1, LLC, Appellant EXHIBIT A ITEMS: • Al: Sheet C-1, Existing Conditions/Demolition Plan from the approved Construction Plans for (a portion of) Sebastian Highlands Unit 17, aka Sebastian Overlook Subdivision, which indicate tree removal only in those areas of roadway and stormwater lake construction • A2: Correspondence from 2021 & 2023 from staff stating clear cutting would not be approved, and that tree protection areas were discussed • A3: Pertinent sections from Land Development Code Article 14 - Tree Protection and Landscaping • A4: Application Form for Landclearing, Residential • AS: Application Form for Commercial Landclearing 6AirBurners Air Curtain Principle Air Curtain Burners were designed principally as a pollution control device. The primary objective of an air curtain machine is to reduce the particulate matter (PM) or smoke, that results from burning clean wood waste. It is sometimes hard to visualize without seeing a machine in operation, but the machines do not burn anything, rather they control the results of something burning. You could look at it as a pol- lution control device for open burning. Clean wood waste is loading into the FireBox, and accelerant like diesel is poured on to the wood and the pile is ignited. Very similar to starting a campfire. The air cur- tain is not engaged until the fire has grown in strength or the air curtain may blow the fire out. Once the fire has reached suitable strength, usually 15 to 20 minutes, the air curtain is engaged. The air curtain then runs at steady state throughout the burning operations and the waste wood is loaded at a rate con- sistent with the rate of burn. Our smallest machine will burn at a rate of 1/2 to 1 ton per hour, our larg- est machine can burn in excess of 10 tons per hour. Principal The purpose of the air curtain is stall or slow down the smoke particles on their way out of the FireBox. In doing this the particles are subjected to the high- est temperatures in the FireBox. Stalling the smoke particles in this re- gion just under the air curtain causes them to re -burn, further reducing their size to an acceptable limit. The result is a very clean burn with opacities well under 10 on the Ringelmann scale (as compared to open burning which typi- cally can run at 80 to 100 on the Ringelmann scale). Operation You can see in the picture to the right an Air Burners FireBox completely full and burning while in the background a pile of wood is open burned The wood pile that is open burning con- tinued to burn for two weeks, That en- tire pile could have been eliminated with the FireBox in less than 2 hours. AIR BURNERS, INC. THE PRINCIPLE OF • AIR CURTAIN BURNING ® I = Air Manifold 2 = FireBox Refractory Wall 3 = Wood Waste or Wood Fuel 4 = Air Curtain (left to right) 5 = Smoke (PM or Black Carbon) Open Bumin9 li ate...,.►" �. �" FireBox s - _.� (6 AirBurners Air Curtain Principle For proper operation, the air curtain machine has to be designed to provide a curtain of air over the fire that has a mass flow and velocity that are in balance with the potential mass flow and velocity of the burning wood waste. If the curtain velocity is too high the FireBox can become over pressurized and over agitated. The higher pressure will lift the curtain and cause it to become ineffective. The over agita- tion will cause embers and ash to be blown out of the box past the ineffective curtain at a significantly higher rate than normal. If the mass flow of the curtain is too low then the unburned particles (smoke) will penetrate the curtain on the high velocity of the hot gasses being generated from the burning wood. Air Burners Machines are the most tested machines in the world. We have participated in testing pro- grams with numerous air quality agencies. Air Burners had the honor to be selected as a CRADA part- ner to the US EPA. We support these testing programs as they allow us the opportunity to advance our technology and do a better job of reducing the particulates released in our air. Reducing PM is one of the major steps (according to the USEPA and the UN IPCC) in the reduction of global warming and our machines are one of the few machines designed to play a positive role in that effort. Visit our website if you are interested in additional information, many of the test reports are available for download on our website. AIR BURNERS, INC. 4390 SW Cargo Way * Palm City, Florida 34990 888-566 3900.772-220-7303 sales@AfirBurners.com * www.AirBurners.com AevB 01-19 2 i• FL ORIDA DEPARTMENT OF Ron Deantls Govemoremor Environmental Protection JeanetteNufiaz Lt. Govemor Southeast District Office Noah Valensteln 3301 Gun Club Road, MSC 7210-1 Secretary West Palm Beach, FL 33406 561-681-6600 NOTIFICATION OF ACCEPTANCE OF USE OF A GENERAL PERMIT Permittee: Permit Number: 0039206-1000-DSGP St. Lucie Development Corporation LLC Issue Date: July 22, 2020 Kevin Hawkins, Managing Member Expiration Date: July 21, 2025 226 Ocean Way Project Name: Sebastian Highlands Unit 17 GP Vero Beach, Florida 32963 Water Supplier: Indian River County Utilities Email: tonvahawkins2w,comcast.net PWS ID: 3314052 Dear Mr. Hawkins: On July 22, 2020, the Florida Department of Environmental Protection (Department) received a "Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs" [DEP Form No. 62-555.900(7 )1, under the provisions of Rule 62-4.530 and Chapter 62- 555, Florida Administrative Code (F.A.C.). The proposed project includes: • Construction of 5,202 LF (linear feet) of 6-inch C-900 PVC WM • Two (3) sample points • Five (5) Fire Hydrant Assembly • All associated valves, fittings, and appurtenances Located Lands Lying in Indian River County, Florida. Based upon the submitted Notice and accompanying documentation, this correspondence is being sent to advise that the Department does not object to the use of such General Permit at this time. Please be advised that the permittee is required to abide by Rule 62-555.405, F.A.C., all applicable rules in Chapters 62-4, 62-550, 62-555, F.A.C., and the General Conditions for All General Drinking Water Permits (found in 62-4.540, F.A.C.). The permittee shall comply with all sampling requirements specific to this project. These requirements are attached for review and implementation. ST. Lucie Development Corporation LLC Kevin Hawkins, Managing Member Page 2 of 3 DEP Permit # B8 0039206-1000-DSGP Pursuant to Rule 62-555.345, F.A.C., the permittee shall submit a certification of construction completion [DEP Form No. 62-555.900(9 )] to the Department and obtain approval, or clearance, from the Department before placing any water main extension constructed under this general permit into operation for any purpose other than disinfection or testing for leaks. Within 30 days after the sale or legal transfer of ownership of the permitted project that has not been cleared for service in total by the Department, both the permittee and the proposed permittee shall sign and submit an application for transfer of the permit using Form 62- 555.900(8 ), F.A.C., with the appropriate fee. The permitted construction is not authorized past the 30-day period unless the permit has been transferred. When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall do so in accordance with the applicable rules of the Federal Asbestos Regulation and Florida DEP requirements. For specific requirements applicable to AC pipes, the permittee should contact the Air and Waste Management Section Managers prior to commencing any such activities at (561) 681- 6672. Please be aware that a notification is required to be submitted to the Department for a regulated project. This permit will expire five years from the date of issuance. If the project has been started and not completed by that time, a new permit must be obtained before the expiration date in order to continue work on the project, per Rule 62-4.030. F.A.C. Sincerely, Julv 22. 2020 Norva Blandin, MSEM Date Program Administrator Permitting and Waste Cleanup ec: Jesse Roland, Indian River County - irolandw ircgov.com FDEP/SED — Norva Blandin, Mark Peters, Jocelyn Labbe J. Wesley Mills, P.E.- wmillsca_>millsshortassociates.com FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 August 4, 2020 PERMITTEE: Kevin Hawkins, Owner St. Lucie Development Corporation LLC 226 Ocean Way Vero Beach, FL 32963 wmillsca;millsshortassociates. com Dear Mr. Hawkins: PERMIT NUMBER: COUNTY: PROJECT: DATE OF ISSUE: EXPIRATION DATE: CONNECTED TO: B8 Ron Mantis Govemor Jeanette Nunez Lt. Govemor Noah Valensteln Secretary 0038931-011-DWC-CG Indian River Sebastian Highlands Unit 17 August 4, 2020 August 3, 2025 Indian River County Utilities North Wastewater Treatment Facility FLA104388 Thank you for your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System for the subject project. The Notice was received on July 16, 2020. This is to advise you that the Department does not object to your use of such General Permit. Please note the attached requirements apply to your use of this General Permit for constructing the proposed domestic wastewater collection/transmission system. The Proposed project includes: • Approximately 5,380 linear feet of 84nch gravity sewer • Approximately 1,635 linear feet of 64nch force main 0 18 manholes Location: Indian River County, City of Sebastian, Section 20/19, Township 31 S, Range 39E You are further advised that the construction activity must conform to the description contained in your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System and that any deviation will subject the Permittee to enforcement action and possible penalties. Kevin Hawkins, Owner St. Lucie Development Corporation, LLC Permit No. 003 893 1 -011 -DWC-CG Page 2 of 3 If you have any questions, please contact Scott Keddy at telephone number (561) 681-6628 or by email Scott.Keddv(a;floridadenxov c4i4 kf4w August 4.2020 Christopher Weller Date Environmental Manager CW/sk Electronic copies furnished to: DEP: Chris Weller, Scott Keddy, Zara Mansoor Jesse Roland, Indian River County Utilities, iroland(&,,ircgov.com J. Wesley Mills, Mills, Short & Associates, WMills(a millsshortassociates.com FILING AND ACKNOWLEDGMENT FILED, on this date, under Section 120.52, Florida Statutes, with the designated Deputy Clerk, receipt of which is hereby acknowledged. CERTIFICATE OF SERVICE O%MK 08/04/2020 Clerk Date 3120210054360 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO F— BK; 3448 PG: 2131, 7/29/2021 2:16 PM D DOCTAX PD $21,000.00 B9 This Instrument Prepared By and Should be Returned To: Brian M. Jones, Esquire SHUTTS & BOWEN LLP 300 South Orange Avenue, Suite 1600 Orlando, Florida 32801 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the day of July, 2021, by and between ST. LUCIE DEVELOPMENT CORPORATION, a Florida corporation, whose address is 226 Ocean Way, Vero Beach, FL 32963, (hereinafter, referred to as "Grantor"), and HAWKINS PROJECT I, LLC, an Ohio limited liability company, whose address is 10100 Innovation Drive, Suite 410, Dayton, OH 45342 (hereinafter referred to as "Grantee"). (Whenever used herein, the terms "Grantor" and "Grantee" shall be deemed to include the parties to this General Warranty Deed and the heirs, personal representatives and assigns of individuals, and the successors and assigns of corporations, limited liability companies or partnerships. The singular shall be deemed to include the plural, and vice versa, where the context so permits.) WITNESSETH: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, all that certain land situate in Indian River County, Florida, more particularly described in Exhibit "A" attached hereto (the "Property"). TOGETHER with all the tenements, hereditaments and appurtenances with every privilege, right, title, interest and estate, reversion, remainder and easement hereto belonging or in anywise appertaining, and together with all improvements located thereon or therein. TO HAVE AND TO HOLD the Property, and all the estate, right, title, interest, lien and equity whatsoever of Grantor either in law or in equity or both, to the proper use, benefit, and behalf of Grantee and Grantee's successors and assigns in fee simple forever. AND Grantor hereby covenants with said Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other, and that the Property is free of all encumbrances, except for those matters described on Exhibit "B" attached hereto and by this reference made a part hereof. -1- ORLDOCS 18827368 145616.0042 BK: 3448 PG: 2132 B9 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first above written. Signed, sealed and delivered in the presence of: r� rent Name G,� .1 w' _"4+- Print Name:�l�►fl�� STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) GRANTOR: ST. LUCIE DEVELOPMENT CORPORATION, a Florida corporation Bv_ : K S. Hawkins, President The foregoing instrument was acknowledged before me by means of C9' physical presence or ❑ online notarization, this ) � day of July, 2021, by, Kevin S. Hawkins, President of ST. LUCIE DEVELOPMENT CORPORATION, a Florida corporation, on behalf of said corporation, &1'n is personally known to me or has produced as identification. ►r�� . APRIL LESPERANCE Commission # GG 193362 Expires March 7, 2022 Bonded Thru Troy Fain lasuma 800•a8'57019 (Signatuit of Notary PAlic) Print Name: Aip. , i C,< Jf',va�- Notary Public, Stafe f lorida r Serial No., if any: 1 � 3 � _)_ -2- QRLDOCS 18827368 145616.0042 BK: 3448 PG: 2133 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein below is situated in the County of Indian River, State of Florida, and described as follows: Lots 1 through 18, Block 594; Lots 1 through 9, Block 595; Lots 1 through 32, Block 596; Lots 1 through 32, Block 597 and Lots 1 through 18, Block 598, Sebastian Highlands Unit 17, according to the plat thereof, as recorded in Plat Book 8, Page 46, of the Public Records of Indian River County, Florida. -3- ORLDOCS 1.88273681 45616.0042 BK: 3448 PG: 2134 F R EXHIBIT "B" PERMITTED ENCUMBRANCES Taxes and assessments for the year 2021 and subsequent years. which are not yet due and payable. 2. Matters as shown on the Plat of Sebastian Highlands Unit 17 recorded in Plat Book 8, Pages 46, 46A through 46P. Declaration of Restrictions recorded in Official Records Book 389, Page 164; Amendment to Declaration of Restrictions recorded in Official Records Book 393, Page 522, and as may be subsequently amended. 4 Assignment of Plat and Other Easements in favor of the City of Sebastian, Florida, recorded in Official Records Book 1000, Page 984; as further assigned to Indian River County, Florida, recorded in Official Records Book 1074, Page 140 _4_ ORLDOCS 18827-368 145616.0042 CPU Permit Application No, `�._. City of Sebastian „ Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: Rebecca Miller, President, MPLD Consulting Address: 528 Northwood Road, West Palm Beach, FL 33407 Phone Number: (772 ) 418 - 1384 FAX Number: ( E-Marl: rebecca@mpldconsulting.com Owner (If different from applicant Name: Hawkins Project 1, LLC Address: 10100 Innovation Drive Ste 410, Dayton, OH 45342 i Phone Number: (513 ) 678 - 0216 FAX Number: ( E-Mail: jon.bills@ddcmgmt.com Title of permit or action requested: Full site mobilization for clearing. V #JA"CE-r?4f "L. PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT MM RE E VESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Sebastian Highlands Unit 17 5,Mvx) ov�L�,� --Ak& B. Site Information Address: See attached Special Warranty Deed. Lot: Block: Unit: Subdivision: See attached Special Warranty Deed. Indian River County Parcel #: 31391900001594000001.0 See attached spreadsheet for more parcel numbers. Zoning Classification: RS - 10 Future Land Use: Residential Single Family LZA_ I Existing Use: Vacant Proposed Use: Residential Single Family C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv:: Completion of site infrastructure for the previously platted subdivision. The project consists of constructing/extensions of the IRC water and sewer systems, construction of public roadway and sidewalk and drainage facilities including pond. The pro -ma t area consists of 106 single lots (Dr000sed 99 single family residences and pond). In addition, two (2) canal crossings will be constructed as part of the project. - - - DATE RECEIVEDI 15 12 ` FEE PAID: $a 00 RECEIVED BY: i F# g5'o Permit Application No. D. Project Personnel: Aq ent: Name: Rebecca Miller, President, MPLD Consulting l j Address 528 Northwood Road, West Palm Beach, FL 33407 I I Phone Number. (561 ) 597-7613 FAX Number: ( ) - E-Mail: grace@mpldconsulting.com + Attorney_ Ij Name: Robert M. Curry, Thompson Hine LLP 3 Address 10050 Innovation Drive, Suite 400, Dayton, Ohio 45342 1 Phone Number:( 937 ) 443 - 6511 FAX Number: ( 937 ) 443 - 6635 E-Mail: Bob.Curry@ThompsonHine.com Engineer: Name: Mills, Short & Associates 1 Address 700 22nd Place, Ste 2C/2D, Vero Beach, FL 32960 Phone Number: ( 772 ) 226 - 7282 FAX Number: ( ) - E-Mail: wmills@millsshortassociates.com Surveyor: Name: Hayhurst Land Surveying, Inc. Address 445 9th Street SW, Unit 7, Vero Beach, FL 32962 I Phone Number: (772) 569 - 6680 FAX Number: f E-Mail: I Rebecca Miller BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURDATE SWORN TO AND SUBSCRIBED BEFORE ME BY 9the e_c� MIA WHO IS PERSON6LLY KNOWN_TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF fA C''i"Cwv/ ��/ /� 20j. NOTARY'S SIGNATURE (Y�7r l� J(1_� PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: i 1s # as =... ,,, �o"�F�4'es Jarwery 2�127 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOAC 6F BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE ME MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIA OF TH CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by �.� b�:�CG�. � Lit* who is eg=ally known to me or produced as identification, this .L day of 'S_,L Z y-+e e' 20 Notary's Signature �� a^"-,) Printed Name of Notary Commission No./Expiration Seal ; ''t BRIM R. Ct7LEMM tY' Coln isl" 0 HH 352U9 JMUMY 23, 2027 APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. / 41011Z ACKNO)KWED43111IDA Permit Application No. MJF SJEBASTLA HOME OF PEUMN ULAM Supplemental Information Application to the Board of Adjustment 1. This application is for (check one): X variance(s) appeal(s) 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): Sec. 54-3-14.7. - Tree removal, grubbing, and land clearing permits (see attached). 3. Legal description of the property involved: See attached Special Warranty Deed. 4. Attach the following: X a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. X b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot _or r,arcel of land that is subect of the application. B11 HAWKINS PROJECT I, LLC 10100 Innovation Drive, Suite 410 Dayton, OH 45342 (513) 678-0216 OWNERSHIP AUTHORIZATION I hereby authorize any representative of Miller Permitting & Land Development to act as authorized agent on behalf of Hawkins Project I, LLC related to any and all variance -related tasks with the City of Sebastian, Florida. Jonath• � M. Bills, Manager Hawkins Project I, LLC STATE OF OHIO ss COUNTY OF MONTGOMERY The foregoing instrument was acknowledged before me this 1� day of 2024, by Jonathan M. Bills, Manager of Hawkins Project I, LLC, an Ohio limited liability company. IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. NOtary Public My Commission Expires: 0q-6-7015— B12 MPLLTIO CONSU Justification Statement Sebastian Highlands Unit 17 is a platted single family lot community and is afforded the same rights and responsibilities as the other 16 units of Sebastian Highlands. This platted development has been under construction for 54 years in this community. Absolutely no tree mitigation is required under our current zoning and entitlement. Each lot of record may be cleared, filled, and built upon along with the infrastructure of the roads, drainage systems and more without any mitigation requirements. The builder must plant 7 trees per lot prior to receiving their CO as a part of their permit process. The builders are not required to keep any original trees on their lots: nor are they required to pay mitigation fees towards any cleared trees not re -utilized. That is our current condition. Home building over time has changed considerably. Also, standards to do with drainage, and flood zone elevations have also changed. To create a community governed by changing conditions, we designed a drainage system that would include a control -structure pond onsite that would collect water and then run to the adjacent city drainage canals. While giving up 10 buildable lots was a challenge, our team wanted to provide an enhanced environment to our homeowners that would include a beautiful pond in the center of the community. This modification in dealing with existing conditions means the entire site must be graded and sloped accordingly to this drainage structure. The site requires re -grading, three feet of fill and excavation. If we were to clear, grade, and fill just one or two lots, they would essentially sit above a swamp until the approval for the final home is permitted to clear while creating standing water and a mosquito breeding ground. Another special consideration requiring this variance is the amount of fill these 33 acres require. By extending this cycle of trucks importing fill over months and months through residential neighborhoods and city roads, the city is not acting in its own best interests. This is why you allow new subdivisions to develop their entire communities without these restrictions. NVR is not a scattered lot builder. They build communities with rapid investment and block by block construction of homes. We are requesting a variance to allow us to develop this site as any new subdivisions in your city are allowed to do. Again, you have approved multiple subdivisions in the last year who clear the entire site. The only reason we are not afforded the same rights is that we are an older community. The land itself, is also previously cleared land. Regrowth happens quickly in Florida and most of the site is covered in invasive species. We have a total of 194 protected trees on this site that we are currently allowed to remove without notice if we do it lot by lot. However, we have agreed to meet with city arborist onsite to discuss potential mitigation by relocating trees onsite or transplanting to other property owned by the city. Developing Relationships Today, Building Tomorrow. B12 MPLLTIO CONSU Our ownership wants to work with the city to see this project be a success for everyone involved. We have already committed to installing 600' of public sidewalks outside of our community and an extremely unusual off -site stormwater maintenance agreement. In addition to this, with approval of this variance and an expedited review of revised construction plans (not to exceed 30 days), we would also agree to provide the city (without a city co -pay as approved in the city commission of $100,000.00) with a box culvert that you prefer for ease of city maintenance at our own cost. We hope to be exceptional neighbors and hope you will make the decision that works the best for the city and for our team. Please approve this request. Developing Relationships Today, Building Tomorrow. B12 r1i MPLLTIO Criteria for Determining Variances a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district Response: The owner is providing an enhanced environment for their future homeowners including a drainage pond in the center of the community. This City -approved plan requires the entire site to be graded and sloped to this drainage pond structure. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Response: The current approved drawings require the entire site to be graded concurrently for effective drainage. If we were to clear, grade, and fill just one or two lots at a time, it would cause stagnant water to accumulate on -site inviting pests and mosquito -borne diseases. Granting this variance allows us to avoid these unfavorable conditions. c. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Response: Under your current code for subdivisions, the City has approved several new subdivisions in the last two years. These subdivisions are allowed by right to clear cut and develop their properties including their individual lots. For example, the following property has been approved in the previous two years and is allowed to be site -ready with all infrastructure and fill in -place ready for the houses to be built: "Spirit of Sebastian." The reason our site is not afforded the same privilege is due to the fact that we are a previously platted community. Our site should be allowed the same rights as our newly approved neighbors. Developing Relationships Today, Building Tomorrow. MPLLTIO CONSU d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Response: Changes to federal flood zone and state drainage guidelines have become more stringent since Sebastian Highlands was originally designed and platted in the 1970s. Our site needed to meet these newest conditions. An attractive on -site pond will collect water and efficiently disperse it into the adjacent canals. This affords the community a drier site and a more attractive setting. This plan has been accepted and approved by the City and the state. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Response: This variance reflects the minimum requirements for site development in today's modern standards. We are not a scattered lot developer. We will build -out the entire site and must do so in order to achieve the drainage standards required by the City and State. Individual lots must be cleared and filled in order to achieve these standards. Doing less would promote an unhealthy environment with stagnant water and an increased impact on the adjacent roadways for managing fill and clearing equipment. f. Not injurious to the public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: Our variance seeks to rectify adverse public conditions that could accumulate under the current code. Our site is engineered to be graded in its entirety in order to offset any dangerous conditions caused by standing water and reduced elevations. We must excavate, grade, and fill this site in its entirety to avoid adverse conditions from occurring under the current code. Developing Relationships Today, Building Tomorrow. G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R. KULCZYCKI, CEC, CES, CFI 155 McKee Lane Vero Beach, FL 32960 Phone 772-567-9129 May 22, 2021 Mr. Michael Debock ilECEIVEm Ryan Homes Market Manager Land 1450 Centrepark Blvd. / #340 West Palm Beach, FL 33401 — RE: Gopher Tortoise Survey Report with Maps & GPS Locations 33.23±-Acre Site in Sebastian (Sebastian Highlands Unit 17) Dear Michael, G. K. Environmental, Inc. (GKE) and staff have completed the requested gopher tortoise survey on the above referenced property. The survey was conducted May 3, 4, and 5, 2021. The original survey was conducted in October 2018. The results.are similar. The subject site consists of one (1) undeveloped densely wooded parcel (see site map) centrally located in Sebastian Highlands within the City of Sebastian. No structures are located on the parcel. The surrounding property is developed into platted single-family homes or undeveloped wooded lands. The parcel abuts a large waterway / drainage canal. The site is dominated with: mature slash pines, Pinus elliottii; cabbage palm, Sabal palmetto; saw palmetto, Serenoa repens; live oak, Quercus virginiana; scrub oak, Quercus berberidifolia; grapevine, Vitis; Brazilian pepper, Schinus terebinthifolius; and briars. HABITAT DESCRIPTION Land Use and Veaetation Communitv Tvpes (FLUCCS Code / Modified Type 4412 — Pine / Oak / Cabbage Palm Flatwoods with scattered open areas dominated by brier / black berries, grapevines, and gallberry. No wetlands onsite. Pagel of 3 GKE / Debock / 33 Ac. Site 5-23-21 B13 Dominant canopy and mid -canopy vegetation onsite includes but not limited to the following: Slash Pine Saw Palmetto Cabbage Palm Live Oak Scrub Oak Runner Oak Wax Myrtle Brazilian Pepper Gallberry Muscadine (grapevine) Briars / Blackberry Pinus eliotti Serenoa repens Saba/ palmetto Quercus virginiana Quercus inopina Quercus pumlia Myrica cerifera Schinus terebinthifolius Ilex glabra Uitis rotundifolia Rubus spp. Animals and Avian species observed onsite (or adjacent to site) include but not limited to the following / including numerous dogs and cats: Blue Jay Cyanocitta cristata Mockingbird Mimus polyglottos Wren Thryothorus ludovicianus Black Snake Pantherophis obsoletus Raccoon (tracks only) Several narrow trails are located within the parcel, some possibly based / located on old platted road right-of-way cleared years ago (see related GKE scrub jay survey for further site details). Gopher tortoises do utilize the site. Thirty-seven (37) burrows were located, flagged, and GPS in. All but one appears to be active / PO potentially active. (See gopher tortoise burrow location maps and GPS burrow location chart.) The 37 active burrows equate to approximately 19-22 (50%-60% of active burrows) gopher tortoises onsite(s). Some of the areas are extremely overgrown with palmetto, Brazilian pepper, grapevine, and briars, etc. making inspection of these areas more difficult. A State gopher tortoise relocation permit will be required prior to land clearing if development activity is located within 25 feet of each burrow. Approximately 80% of the property was investigated. Vegetation in some areas was very thick and did not allow complete access for a detailed survey in these smaller areas. Page 2 of 3 GKE / Debock / 33 Ac. Site 5-23-21 B13 No other listed species or their associated habitat were observed onsite. The subject area is surrounded by relatively dense residential development and large areas of wooded land and heavily traveled surrounding roads. The onsite environmental conditions as described in this report are based upon personal onsite observations and technical information available at the time of this survey. This report is intended for permitting and/or planning purposes. This is the second gopher tortoise survey completed on this property. The first one by G. K. Environmental, Inc. was completed in October 2018 with similar results. If you have any questions regarding the above or need further environmental assistance, please do not hesitate to contact our office. Thank you for choosing G. K. Environmental, Inc. to provide this survey and report. NOTE: Per the City of Sebastian's comments in July 9, 2019: "A current gopher tortoise survey (transecting at least 15% of potential gopher tortoise habitat), per FWC survey guidelines must be conducted. Following the survey a table of burrows and lat/long must accompany a legible map both items should categorize each burrow as either potentially occupied (PO), or abandoned (AB). Note: A 100% survey of the site will be required within 30 days of applying for relocation of the tortoises with FWC." C;eorpe R XuCczycki George R. Kulczycki, CEC, CES, CEI President, Principal Ecologist G. K. Environmental, Inc. cc: Vincent Musso w/ aft George Kulczycki w/ aft Mav 23, 2021 Date Page 3 of 3 GKE / Debock / 33 Ac. Site 5-23-21 Environmental Assessment & Listed Flora and Fauna Sebastian Highlands Unit 17 (Hawkins Project LLC) Ithaca Avenue, Empress Avenue & Spring Valley Avenue City of Sebastian, Indian River County, Florida (f33.23 Acres) Section 19, Township 31 S, Range 39 E Prepared For: Megan Willbur DDC Management, LLC. 1000 Legion Place, Suite 800 Orlando Florida 32801 Prepared By: Jennifer Acevedo "If 7 RY: EwRONMENTALCONSULIING DEPARTMENT © Aquatic RESEARCH Monitoring, Equipment, 6 Deployment, LLC. July 2024 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 Table of Contents 1.0 Introduction and Site Description.......................................................................................... 3 2.0 Vegetation, Habitat Description, and Listed Flora Survey Results .................................... 4 2.1 Upland Habitat...................................................................................................................... 6 2.2 Wetland Habitat.................................................................................................................... 7 3.0 Wildlife Evaluation and Listed Fauna Survey...................................................................... 7 3.1 US Fish and Wildlife Service (USFWS) Consultation Areas .............................................. 8 3.2 Listed Fauna with a General Wildlife Survey Methods and Results .................................. 8 3.2.1 Florida Scrub -Jay Mitigation and Protection Measures ............................................ 11 3.3 Conservation Lands............................................................................................................ 12 5.0 Soils......................................................................................................................................... 12 6.0 Summary................................................................................................................................ 12 7.0 Transect Data......................................................................................................................... 14 Appendix A Figure 1: Location Map Figure 2: Site Map Figure 3: Parcel Map Figure 4: Existing Habitat/FLUCCS-CLC Map Figure 5: Federal Emergency Management Agency (FEMA) Flood Zone Map Figure 6: Florida Department of Environmental Protection (FDEP) Watershed Map Figure 7: Light Detection and Ranging (LIDAR-Elevation) Map Figure 8: United States Geological Service (USGS) Topographic Map Figure 9: Agency Reported Land Use Map Figure 10: General Wildlife Survey including Listed Flora & Fauna Transect Map Figure 11: Soils(s) Map Appendix B Site Photographs Appendix C Information for Planning and Consultation (IPAC) I,;3r Aquatic RESEARCH Monitoring. Itj Equipment 9 Deloyment, LLC. ...&CUSTOM DESIGNED RESEARCH_ FOUIROT r ONFATI ERESFW SaUfgNS Page 2 of 14 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 1.0 Introduction and Site Descriotion An Environmental Assessment (EA) and a Listed Species Survey was conducted by the qualified biologists with Aquatic Research, Monitoring, Equipment, & Deployment, LLC (Aquatic Research FL). The subject property was reviewed in accordance with the City of Sebastian Land Development Code (LDC) and resource protection standards. Therefore, this report contains elements pertinent to assessment for the presence/absence of wetlands, and/or other surface waters as well as native upland habitats with a focus on the presence of scrub. Additionally, the subject property shall be reviewed for the presence of environmentally sensitive lands, adjacent conservation lands of significance and listed flora and fauna along with site/habitat characteristics conducive to support such species. As required by the City of Sebastian within the Appendices of this EA the following maps have been included but are not limited to: Soils Map, FEMA Flood Zone Map, Topographic Map, FLUCCS Map, and Watershed Map. The subject property is ±33.23 acres located within the limits of the City of Sebastian, Indian River County, Florida, Section 21 Township 31 South and Range 38 East. It is further located within a platted subdivision referred to as Sebastain Highlands Unit 17 North of which consists of multiple individual single family home lots with an average size of 0.23. Please see Appendix A, Figures 1 and 2 for the location map and site maps and Figure 3 for the Parcel ID Map and corresponding Parcel ID table. The property is bordered on the north by single family homes and a stormwater system to the south followed by single family homes. To the east the subject property is adjacent to natural lands followed by Highway US 1. The western boundary is adjacent to the Schumann Waterway. Land uses within the general vicinity of the subject property (-E2.0 miles) consists of residential, recreational, and conservation areas (i.e., Sebastian Scrub Conservation Area, Sebastian Stormwater Park, and Sebastian Harbor Preserve). A site visit was conducted on July 4, 2024, by Aquatic Research FL's team of qualified biologists (Appendix B Site Photographs). Based on the findings of the assessment the subject property is best described as historical scrub that has been impacted via construction of the surrounding subdivision, as well as dirt roads and swales resulting in a transition to pine flatwoods habitat. As scrub is a fire dependent, ecologically fragile habitat type, the surrounding development and the suppression of natural fire required as a result, has resulted in a transition to more to a more common and environmentally tolerant community structure of pine flatwoods. Please see Appendix A, Figure 4 for existing upland areas. Aquatic RESEARCH Monitoring, Equipment, D De loyment. LIE. I � CoNsam A.W 1 3 cuss .DESCAW rtEEE.wa+ Eau1Rd9 r PNo � seams Page 3 of 14 i Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 No listed flora species were observed within the limits of the subject property. Gopher tortoises (Gopherus polyphemus) were observed on the subject property. Completion of an FWWCC compliant gopher tortoises survey was outside the scope of this assessment. However, information provided to Aquatic Research FL indicates the completion of a 100% survey by Ecological Consulting Solutions, Inc. (ECS) in June 2024, listing 22 potentially occupied burrows. Lots containing tortoise burrows will likely require an FFWCC relocation permit. Relocations may be completed once local government approval to build or clear the subject property is obtained. Wildlife transects indicated no other listed species dens, nests, burrows, or roosting areas. Review of past environmental work completed on the subject property indicates that the subject property was part of a Habitat Conservation Plan (HCP) approved by USFWS in 2000 and established for the incidental take of Florida Scrub jays within platted lots in the Sebastian Highlands. This was reported by GK Environmental as confirmed by Kim Haigler (Nov. 2020), Environmental Planner / GIS Specialist at the City of Sebastian Planning Department. Additionally, per Ms. Haigler, preconstruction conditions will apply of which include no clearing of the property during scrub jay nesting season, March 1 — July 1. No further assessment with regards to scrub jays should be required for the subject property, as the property had been assessed and mitigation established for loss of scrub jay habitat as part of the HCP. 2.0 Vegetation, Habitat Description, and Listed Flora Survev Results As part of the assessment conducted on the subject property, vegetation and habitat types were reviewed. This was accomplished utilizing a multi -faceted approach, first reviewing recent and historic aerials, and comparing visible topographic signatures to available agency recorded data. Agency reported data such as Florida Land Use Cover Classification System (FLUCCS) and Cooperative Land Use Cover (CLC) assigned classifications were researched. This dataset (2012-2022) is a compilation of the Land Use/Land Cover datasets created by the 5 Water Management Districts in Florida based on imagery Furthermore, for the assessment of state and federal listed flora, databases such as Florida Natural Areas Inventory (FNAI) and the U.S. Fish and Wildlife Information for Planning and Consultation (IPAC) were consulted to obtain information regarding listed plants with the potential to occur on the subject property (Appendix D). -gK;:i Aquatic RESEARCH Monitoring. Equipment, C Deloyment, LLC. n EwVIRmwNT& 11 1 1.11 -11111. .... B.CUSNM DESKiJI- RESEARp7...EW�PMENT AND CRFATNE RESFNICH SOUlI/DrS Page 4 of 14 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 Furthermore, as required in City of Sebastian FEMA panels, hydrological, specifically watershed, as well as elevation data were researched. Based on Federal Emergency Management Agency (FEMA) the subject property is located within Flood Hazard Zone AE and Flood Panel 12061 CO 114J (Appendix A, Figure 5). Per Florida Department of Environmental Protection (FDEP) the subject property is within a 3,801-acre watershed 1 OD drainage basin North Central Indian River Lagoon Unit (Appendix A, Figure 6). Two (2) elevation maps were reviewed, the local water management district Light Detection and Ranging (LIDAR) elevation data from 2015 and the United States Geological Survey (USGS) topography - elevation national data set from an unknown date. Please see Appendix A, Figures 7 and 8 for depictions of recorded topography data and Figure 9 for Agency Reported Land Use Map. After a comprehensive review of the above -mentioned data and aerials, transects were established based on expected variations in habitats. Locations and size of habitat types as indicated in this report are based on the combination of desktop review and field truthing. Thirty-six (36) transects were established to perform the habitat assessment and listed flora species survey. The survey conducted covered ±10.2 acres (f30%) of the ±33.23-acre subject property. See Appendix A, Figure 10 for the Survey Transect Map. Total Acreage of Property 4:33.23 1 Total Acreage of Property Surveved ±10.2 Total Percent of Acreage Survo-ed 30% Table 2.0.A: Approximate acreage of subject property and acres surveyed. No listed flora species were observed on the subject property at the time of survey. See table below for listed flora species endemic to this region of Florida. Florida Natural Inventory Areas (FNAI) Biodiversity Index U.S. Fish and Wildlife Service (USFWS) Endangered Species List Plant Species Common Name *Federal StateStatus Listing Cereus eriophorus var. fragrant prickly- E E Ira:;rans apple Conradina large -flowered N T grandiflora rosemary Dicerandra Lakela's mint E LE immaculata Glandularia maritima coastal vervain N E i� Aquatic RESERRCN Monitoring, Equipment, 9 Deployment LLC. E"�OIUE !� & OATOM DVRESEnaci+ EgUP r+ MD c$&, r+rs�wcH saurans .... Page 5 of 14 Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 Lechea cernua nodding pinweed N T Nemastylisfloridana celestial lily N E Nolina atopocarpa Florida beargrass N T Table 2.0.13: Listed flora species endemic to this region based on IPAC and FNAI. No listed flora species were observed within the limits of the subject property. 2.1 Upland Habitat The subject property is solely uplands. Onsite habitat is best classified as native pine flatwoods, common to the region. Review of historical aerials in combination with observed onsite soil types and the presence of remnant scrub vegetation, would indicate an anthropogenic change from scrub to a more mesic and development tolerant pine flatwoods community on the subject property and across the general region over an extended period of time. The surrounding area has experienced significant development over the last decade via the creation of the surrounding subdivisions, as well as dirt roads, the excavation of the Schumann Waterway, stormwater treatment area to the south and the creation of swales on the subject property. Urbanization of a region requires the suppression of fire for safety of residents and protection of structures/property. Furthermore, localized development generally results in elevation changes and alteration of hydrological flows, generally resulting in wetter environments. Scrub habitat in general has low species diversity and is very fragile. Its sustainability heavily relies on fire as the majority of scrub species cannot reproduce without fire. As scrub is a xeric or dry community type alteration of hydrological flows also contribute to the degradation and loss of scrub ecosystems. Dominant vegetation types on the subject property are a mixture of canopy species specifically slash pines and cabbage palms with a secondary association of scrub oak varieties. The mid and understory strata is fragmented consisting mainly of scattered gallberry and saw palmetto intermixed with vines. See Appendix A, Figure 4 for observed upland areas. Existing Upland Habitat FLUCCS/CLC Classifications Observed are as Follows: FLUCCS 411/CLC 13: Pine Flatwoods (In Transition) a Aquatic RESEARCH Monitoring, Equipment, 6 De loyment, LLE. EwRowEwAwaxIm L ?1 a cusroM Aso �s o ,zs s« ..... Page 6 of 14 Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 These forests are quite common throughout much of Northern and Central Florida. Originally, longleaf pines were common on drier sites while slash pines, which are less fire-resistant, were confined to moister sites; wildfire being the contributing factor in this distribution. However, fire control and artificial reforestation have extended the range of slash pine into former longleaf sites. The pine flatwoods class is dominated by either slash pine, longleaf pine or both and less frequently pond pine. The common flatwoods understory species include saw palmetto, wax myrtle, gallberry and a wide variety of herbs and brush. (FLUCCS). Representative Vegetation: Slash pines (Pinus elliottii) — Native Cabbage palm trees (Sabal palmetto) — Native Muscadine vine (Uitis rotundifolia) — Native Gallberry shrubs (Ilex glabra) — Native Brazilian peppertrees (Schinus terebinthifolius) — Nonnative Oak trees (Quercus spp.) — Native 2.2 Wetland Habitat To classify an area as a wetland two (2) of the following three (3) criteria must be met: 1. 80 percent or more dominate coverage of wetland plants. 2. Indicators of hydrology 3. Presence of hydric soil. None of the criterion were met. No wetlands are located on the subject property. 3.0 Wildlife Evaluation and Listed Fauna Survey As was done with regards to analysis of vegetation and habitat types, a similar approach was taken with regards to evaluation of onsite fauna, with the focus being the presence of listed species. Prior to conducting the site field work, regulatory databases such as U.S. Fish and Wildlife Information Planning, and Conservation System (IPAC), Florida Natural Areas Inventory (FNAI), FNAI Biodiversity Matrix, and Florida Department of Environmental Protection (FDEP) maps direct, were consulted with regards to any known, documented, or likely occurrences of listed species. Special note was taken with regards to listings of lands being within consultation areas for specific species, as well as any recorded documentations of listed species within or directly adjacent to the subject property. Habitat types on, adjacent, and within the general area or region were also closely reviewed to determine potential locations with increased likelihood of the occurrence of listed species. See Appendix D for the IPAC report. �r►. Aquatic RESEARCH Monitoring, Equipment, 9 Deployment LLC EW� u } ...8 CUSTOM W.%i R RES CH EaurRH,r u+o alEarrrE nesFfacH.saurans .. Page 7 of 14 Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 3.1 US Fish and Wildlife Service (USFWS) Consultation Areas Based on databases review it was determined that the entire project area lies within the U.S. Fish and Wildlife Service (USFWS) Section 7 Consultation area for Audubon's crested caracara (Caracara cheriway), the Florida scrub jay (Aphelocoma coerulescens), and the piping plover (Charadrius melodus). The crested caracara associates with large expanses of open pasture type lands with mature solitary palms and the piping plover associates with sandy beaches and dunes. Therefore, these two (2) species are highly unlikely to utilize subject property. The Florida scrub jay (Aphelocoma coerulescens) associates with scrub habitat. While the subject property still maintains sufficient scrub structure and proximity to other scrub habitat to be considered suitable for the support of the Florida scrub jay, a Habitat Conservation Plan (HCP) was established in 2000 to account for loss of habitat for this Federal listed species. Therefore, no further assessment is required. See Section 3.2.1 below for additional details regarding scrub jay mitigation and protection applicable to the subject property. 3.2 Listed Fauna with a General Wildlife Survey Methods and Results During the field assessment pedestrian transects were made throughout the subject property to observe for the presence of any state or federal listed fauna species as well as wildlife in general. These included observations of individual animals as well as dens, burrows, rooting areas, or nests. Multiple linear transects were completed across representative portions of all habitat areas. Distances between transects varied in the field depending on terrain, with larger distances between open areas with low lying vegetation, smaller in areas with dense vegetation or suspected listed species occupation. Thirty-six (36) transects were established to perform the listed flora species survey. The survey conducted covered �-_10.2 acres (±30%) of the ±33.23-acre subject property. See Appendix A, Figure 10 for the Survey Transect Map. Total Acreage of Property ±33.23 I. Total Acreage of Property Survey ed f 10.2 Total Percent of Acreage Surve.Ned 30% Table 3.2.A: Approximate acreage of subject property and acres surveyed. 3r Aquatic RESEMCN Monitoring. Equipment, C De layment, LLC pp' EwPiO mNTAL B CLWW OESCMD RESEWCH EQUIPMENT AND CAEnmE rtESEPRu+ sowrroNs Page 8 of 14 Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 Gopher tortoise burrows were observed on the subject property. Completion of a FFWCC compliant gopher tortoise survey was outside the scope of this assessment. However, information provided to Aquatic Research FL indicates the completion of a 100% gopher tortoise survey by ESC in June 2024, with 22 potentially occupied burrows. If tortoises are present on lots proposed for development an offsite relocation permit will likely be required unless certain habitat preservation requirements can be met. Leaving a tortoise on a property requires 10 or fewer burrows to be present, establishment of 750 square feet of relocation area suitable for burrowing (80% sun 20% shade) and proper forage (herbaceous low-lying vegetation). The relocation area must additionally be situated as to allow tortoises to leave the property to forage within directly encountering a hazard such as a road or body of water. No other state or federal listed fauna species burrows, nests, dens, or roosting areas were observed on site. See tables below for the list of potential protected fauna species and species observations (listed and non -listed). Florida Natural Inventory Areas (FNAI) Biodiversity Index U.S. Fish and Wildlife Service (USFWS) Endangered Species List Information for Planning and Consultation (IPAQ Species Common Name Federal Status Mammal h elis concolor coryi ;Florida panther puma Peromyscus polionotus (Southeastern beach mouse niveiiventris I Bird [.1phelocoma coerulescens Florida scrub jay Dryobates Leuconotopicus -cockaded woodpecker !red borealis �aterallus jamaicenst's Eastern black rail Ilancus audobonii Mycteria americana wood stork 1'olyborus plancus audubonii icrested caracara Rostrhamus sociabillis Everglades snail kite plumbeus E T N E T State Listing Observation(s) i Presence FE None Observed FT None Observed i" Presence E None Observed E None Observed T None Observed T T None Observed T J _ FT None Observed T T None Observed Reptile Presence Drymarchon corals couperi IEastern indigo snake _j LT I FT None Observed �Gopherus polyphemus Igopher tortoise I C I T None Observed Pituophis melanoleucus pine snake C 1 T None Observed i;i► Aquatic RESEARCH Monitoring, (13 1 Equipment, C Deloyment, LLC. aCLWOM RE� �NTIT01EATNE IESEITM Page 9 of 14 i 2 Hawkins Project LLC Indian River County, Florida Insect Cyclargus thomasi (Miami blue butterfly E bethunebakeri Danaus plexippus I monarch butterfly I E AEari ato Bird imophila aestivalis lBachman's sparrow BCC 11rdea herodias occidentalis Pgreat blue heron BCC lArenaria interpres morinella tumstone reral BCC Calidris melanotos sandpiper I BCC Calidrispusilla isemipalmated sandpiper I BCC lChaeturapelagica (chimney swift BCC lCharadrius wilsonia 1willson's plover BCC Cistothorus palustris griseus (Worthington's marsh wren BCC Lgretta rufescens reddish egret BCC Clanoides forficatus swallow-tailed kite BCC Falco sparverius paulus American kestrel BCC Fregata magnifcens magnificent frigatebird BCC IGelochelidon nilotica gull -billed tern BCC aematopus palliatus American oystercatcher BCC I aliaeetus leucocephalus II bald eagle I BCC irnnodromus griseus short -billed dowitcher BCC Melanerpes erythrocephalus red-headed woodpecker BCC Numenius phaeopus 1 whimbrel BCC hudsonicus Passerina ciris atagioenas leucocephala Sebastian Highlands Unit 17 City of Sebastian July 2024 Presence FE None Observed FE None Observed Breeds Presence May 1 to None Observed Sep 30 Jan 1 to I None Observed Dec 31 Breeds Elsewhere None Observed Breeds None Observed Elsewhere Breeds None Observed Elsewhere Mar 15 to None Observed Aug 26 Apr 1 Aug 20 None Observed] Apr 10 to None Observed Aug 31 i Mar I to None Observed Sep 15 Mar 10 to None Observed Jun 20 Apr 1 to I None Observed Au 31 Oct 1 to None Observed -Apr 30 May 1 to None Observed Jul 31 Apr 15 to None Observed Aug 31 I Sep 1 to Jull None Observed 31 Breeds I None Observed Elsewhere May 10 to None Observed ST 10 Breeds Elsewhere A- 25 to (painted bunting BCC Aug 15 None Observed white -crowned pigeon I BCC I Sep 30 May 1 to None Observed E Aquatic RESEARCH Manibring, Equipment, 9 De payment. LLC. EwRoNMENTAL LzNsLtTwG $ CUSTOM DESimm RE SFARd1 EWPMENT M.D. CRFATNE RESEARCH SOLUnONS Page 10 of 14 0 �d Hawkins Project LLC Sebastian Highlands Unit 17 Indian River County, Florida City of Sebastian July 2024 kallus elegans king eail BCC MSe ay ISto P I None Observed i May 20 to IRynchops niger black skimmer BCC Sep 15 None Observed ISternula antillamm Apr 25 antillarum least tern 5to BCC None Observed Tringa avipes lesser yellowlegs BCC Breeds Elsewhere None Observed Tringa semipalmata willet BCC Apr 20 toAug 5 None Observed Table 3.23 List of potential protected species and observations. Non -Listed Species Observations Reptiles Anolis ssp, and basilisk lizards rBasiliscus plumilmns) Amphibians Unidentified toad Mammals Small animal burrows, scat and tracks Fish None Observed Aves Blue iay (C✓anocitta eristatai Table 3.23 List of non -listed species observations. 3.2.1 Florida Scrub -Jay Mitigation and Protection Measures Review of past environmental work completed on the subject property and for the establishment and platting of Sebastian Highlands Unit 17 as a whole, indicates that the subject property was part of a Habitat Conservation Plan (HCP) approved by USFWS in 2000. This HCP was established for the incidental take of Florida Scrub - jays within platted lots in the Sebastian Highlands. Inclusion of the subject property in this HCP, was confirmed in a report created by GK Environmental in 2021, stating that per discussion with Kim Haigler (Nov. 2020), Environmental Planner / GIS Specialist at the City of Sebastian Planning Department, the subject propetyo) is within the existing Sebastian Habitat Conservation Plan (HCP) previously approved for Unit —17. Per Ms. Haigler, no scrub jay mitigation will be required. However, preconstruction conditions will apply of which include no clearing of the property during scrub jay nesting season, March I — July 1. No further assessment with regards to scrub jays should be required for the subject property, as the property had been assessed and mitigation established for loss of scrub jay habitat as part of the HCP. Clearing will occur outside of nesting season. .01�i Aquatic RESEARGN Monitoring, Equipment, 9 DeployMD ment, LLC. ppyy Ew& 3 &CUSTOM DESOED RFSFAAp1 EWIPMENTPMICAEATNERESEAACMSO 'ms Page 11 of 14 MA F Hawkins Project LLC Indian River County, Florida 3.3 Conservation Lands Sebastian Highlands Unit 17 City of Sebastian July 2024 As part of the assessment, agency databases were searched for conservation lands located within or adjacent to the subject property. Based on the database review, there are three (3) conservation areas within ±1.0 mile from the subject property. The Sebastian Scrub Conservation Area, Sebastian Stormwater Park, and Sebastian Harbor Preserve. 5.0 Soils Based on a review of the Soil Survey Geographic and the Web Soil Survey Databases, both non-hydric (upland) and hydric (wetland) soil types exist on the site. No soil borings or geotechnical analysis was conducted as part of this assessment. See Appendix A, Figure 11 for depiction of onsite soil mapping units. Soil type are as follows: Immokalee fine sand (non-hydric) — 4 Myakka Myakka, wet fine sand,0 to 2 percent slopes (non-hydric) — 5 Myakka fine sand, frequently ponded, 0 to 1 percent slopes — 45 6.0 Summary An environmental assessment was completed on the 133.23-acre subject property located in the City of Sebastian, Indian River County, Florida. The property is a platted subdivision, consisting of multiple lots averaging 0.23 acres in size, within Section 21 Township 31 South and Range 38 East. The subject is solely uplands, specifically native pine flatwoods, considered a type common uplands within the region. No jurisdictional wetlands are present of the subject property. Records review indicates that a Habitat Conservation Plan (HCP) specific to the loss of scrub jay habitat had been approved by USFWS in 2000. This HCP was determined to also be applicable to the subject property based on discussion with City staff in 2020. No further assessment with regards to the Florida scrub jay should be required for the subject property as mitigation has already been completed. � ii Aquatic RESEARCH Manitaring, Equipment, D Delayment, LLC Errs RoNuEuru mG &CUSTOM DES&EDRESEARCH EMPNENTMOCRFATNERESWCHSOL000 Page 12 of 14 Hawkins Project LLC Indian River County, Florida Sebastian Highlands Unit 17 City of Sebastian July 2024 As part of the HCP preconstruction conditions with regards to the subject must be implemented. This specifically requires no clearing to be conducted during nesting season March 1 — July 1 of any year. Listed species assessment in concert with records review indicate the presence of gopher tortoise burrows on the subject property. Prior to clearing and development of lots with tortoises an FFWCC relocation permit will likely be required. No further listed species of flora or fauna were observed on the subject property. -1111� jr. Aquatic RESURN Monitoring, Equipment. � Degloyment, LLC. _. ENVIRONMENTAL & CUSTOM DESIGNED RESEMCH EpIIWMENT AND CREATIVE RESEARCH SOLUTIONS Page 13 of 14 Hawkins Project LLC Indian River County, Florida 7.0 Transect Data Transect ID# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 Width 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 (ft) Length (ft) 750 750 750 750 750 750 750 750 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 850 1 850 850 850 850 850 850 j 850 Sebastian Highlands Unit 17 City of Sebastian July 2024 Transect Acreage 0,26 0.26 0.26 0.26 0.26 0.26 0.26 0.26 0.29 0.29 0.29 0.29 �I1 0.29 0.29 0.29 0.29 0.29 0.29 0.29 J 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 0.29 -111r�;Wlo Aquatic RESEARCH Monitoring, Equipment, D Deployment, LLC. /$ ENVRONMeNRAL CONSUIJING & CUSTOM DESIGNED RESEARCH EQUIPMENT AND CREATIVE RESEARCH SOWTIONS Page 14 of 14 a 51 Appendix A Maps Aquatic RESEARCR Mar►itaring,. Equipment, R Deployment., LIC. GJSMM DESGNVID RESEARCH EQUIM31FANDCREATNERESEARCH SC(iMCNS