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HomeMy WebLinkAbout10-09-2025 PZ Agendacmcw S HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastion.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY SPECIAL MEETING THURSDAY, OCTOBER 9, 2025 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of September 18, 2025 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS: None 7. PLANNING AND ZONING (P&Z) COMMISSION PUBLIC HEARINGS: • Chairman opens hearing, attorney (or Chair) reads ordinance or resolution or title • Applicant or applicant's agent makes presentation -maximum 30 minutes • Staffpresents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presentingfactual information shall submit a speaker oath card to Chair — maximum 5 minutes) • Applicant provided opportunity to respond to issues raised by staff or public — maximum 10 minutes • Staff provided opportunity to summarize request— maximum 10 minutes • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing — Recommendation to City Council — Rezoning/Conceptual Planned Unit Development (PUD) Plan — Treasure Bay — DR Horton, Applicant — Subject Parcel(s) is 148.5 Acres, More or Less — 110 Single Family Units + 70 Paired Villas, 1.21 Units Per Acre — Located East of Lance Street, West of the F.E.C. Railroad, South of Gilson & Concord Avenues, and North of Beach Cove Mobile Home Park — Current Zoning is RS-10 (Residential Single -Family), IN (Industrial), and IL (Light Industrial, Indian River County) — Requested Zoning is PUD-R (Planned Unit Development —Residential) 8. UNFINISHED BUSINESS: None 9. NEW BUSINESS: None 10. ADJOURN No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Commission with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — .a� ,tik, ciij oisebastian.ori! unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION If you wish to attend the meeting by Zoom, please follow the link below to the City's Meeting Calendar, and locate the applicable meeting date. The Zoom connection details are provided. https://www.cityofsebastian.orWmeetinkcalendar 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES SEPTEMBER 18, 2025 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. Pledqe of Alleqiance -- III. Roll Call Present: Mr. Roberts (a) Ms. Kautenburg Mr. Carter Ms. Lorusso Absent: Ms. Matthews (Excused) Ms. Geesey (Excused) Also Present was recited by all. Mr. Reno (a) CZ " E F� Ms. Battles Ms. Kinchen z t ? s > :3 rro ` " 0_ 2 ®. C cL ca. Jennifer Cockcroft, City Attorney Dorri Bosworth, Community Development Manager Jim Mann, Principal Planner Barbara Brooke -Reese, MIS Manager Janet Graham, Technical Writer IV. Announcements and Aqenda Modifications: Ms. Kautenburg announced that Ms. Geesey and Ms. Matthews are excused from tonight's meeting. Alternate members, Mr. Roberts and Mr. Reno, will be voting in their places. Ms. Kautenburg also announced that the October 16th meeting of the Planning and Zoning Commission has been cancelled due to the Florida Redevelopment Agency Annual Conference being held on the same date, which staff will be attending. Staff respectfully inquires if the Commissioners will consider a special meeting a week earlier, on Thursday, October 9th. An application is ready for its hearing, and the next available meeting would be November 6th. She asked for a consensus on this item. All the Commissioners approved this request via voice vote. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING SEPTEMBER 18, 2025 Ms. Kautenburg stated she is very pleased to see members of the public here. This is an official meeting, and there is a procedure that the Commission is required by law to go through. Part of the procedure requires that anyone who is to give any testimony before the Commissioners needs to fill out an oath card. She pointed out where the oath cards are and asked that everyone who will speak to fill in an oath card. She also reminded those speaking that there is a 5-minute limit for each speaker, which may be extended if approved by the Commissioners. V. Approval of Minutes All Commissioners having indicated that they have reviewed the Minutes of September 4, 2025, Ms. Kautenburg called for a motion. A motion accepting the Minutes of September 4, 2025 as presented was made by Mr. Carter, seconded by Ms. Kinchen, and approved unanimously via voice vote. VI. Local Planninq Agency (LPA) Public Hearinqs -- None VII. Planninq and Zoninq (P&Z) Commission Quasi -Judicial Hearings A. Quasi -Judicial Public Hearing -- Site Plan Development -- 99th Street Storage -- 6075 99th Street -- RV and Boat Storage with 140 covered parking spaces, 450 square foot office building, and associated site improvements -- IN (Industrial) Land Use, IN (Industrial) Zoning District City Attorney Jennifer Cockcroft read the item into the record. Ms. Kautenburg asked if any of the Commissioners have had any site visits, ex parte communications, or any conflicts of interest. Mr. Roberts said that he went by the site. Ms. Lorusso also drove by the site, but neither had any communications with anyone regarding the site. Ms. Kautenburg called on the applicant to make their presentation. Angie Vitter, MBV Engineering, stated that her firm is developing a project for a local owner and business developer. They are building an RV and boat storage facility. She mounted the site plan on the screen. She stated that they are developing 3.8 acres. It is going to be mostly covered storage for RVs and boats. There will also be some open storage in the back and on the west side of the property. There will also be some open storage in the middle of the property and to the east next to the railroad tracks. She described the proposed buffer areas. There will be a small office at the front of the property. This is proposed to be long-term storage for RVs and boats. She described the proposed activities that will take place on the property. Ms. Kautenburg called for staffs presentation. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING SEPTEMBER 18, 2025 Mr. Jim Mann, Principal Planner, described that when going through the process of reviewing the plans, the utilities, engineering, and building and planning have approved some amenities on the site in the development of the property. It meets all of the Land Development Code. He described some additional considerations that staff had for the site. The landscaping buffer that is located on the.east side that is directly contiguous to the existing storage unit complex has been reduced to five feet to accommodate the development of the site. As per Code, this is something that the Planning and Zoning Commission would need to approve, to reduce the 10-foot landscaping buffer requirement to five feet. Another consideration staff addressed for this site plan was the perimeter buffer requirements. They are proposing an eight -foot opaque -style fencing along the residential zoning districts contiguous to this property. This is something that can be administratively approved by the Community Development Director per Code. She has done that. Also, some other considerations staff is taking into consideration are the easement access for residential property owners. On the south side, there is a landscape easement that will still remain in perpetuity with the agreement of development of the property, so the Breezy Village residents can still access property to the east of this property. There is also a recorded easement for Alfred Maige that was modified for the site plan to accommodate the owner so that he could actually access this parcel that is directly east of the development. That easement will remain in place for the development and for the operational use of this site. The site plan is consistent with the Comprehensive Plan for the land use and the Land Development Code. So, staff does recommend that the proposed site for 99th Street Storage located at 6075 99th Street be approved with the following conditions: Staff recommends approval of the proposed site plan for 99th Street Storage located at 6075 99th Street subject to the following conditions. 1. The Planning and Zoning Commission approve the reduction of the 10' Landscaping Buffer to a 5' Landscaping Buffer per section 54-3-14.11(a)(9) of the Land Development Code. 2. Approve the Lighting Plan as is, but if complaints are received from residents regarding site lighting, additional shielding will be required on light fixtures. 3. On -site Wash Down and Dump Stations shall be regularly cleaned/pumped out per the Florida Department of Environment Protection (FDEP) and the Florida Department of Health (FDOH) schedule regulations. 4. A utility easement be granted to the County to access their sewer lines running east -west or any sewer lines that may need to be accessed along the site. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING SEPTEMBER 18, 2025 5. To maintain the PVC fence along the residential district lines. He called for questions/comments from the Commissioners. Mr. Carter spoke regarding Item 2. He is curious about leaving the lighting plan as is, and then if there are complaints that come back, to address that later. Why not just go ahead and address that now so there are no complaints? Mr. Mann stated that the photometric plan that was submitted does meet our Code standards and is approved. In addition to that, if there were still some complaints from the residents of Breezy Village, we are placing this as kind of a backup. If there are complaints about the site lighting still affecting the residents, the owner of the storage units will have to provide shielding. Mr. Roberts asked about reducing the buffer. Is it for the whole property or is it just for the one side where there is an existing storage facility? Mr. Mann said it is just along the eastern property line. The 10-foot landscaping buffer will remain on the rest of the site. Mr. Roberts asked if anyone has looked at traffic entering the facility. Mr. Mann stated that the proposed plan did not break any threshold for a full traffic analysis to be approved by the County, so the trips will remain minimal for this. Ms. Lorusso said she has a concern about noise from the vehicles traveling in and out of the property. She is also concerned about fumes from the RVs. Mr. Mann said the applicant has done a great job in providing the 8-foot height for the opaque fence and additional landscaping on the western boundary to mitigate the noise. As for the fumes, he could not address that. He also suggested the applicant could include a limitation on operating hours regarding when the vehicles can be active. He does not think this is a 24-hour storage facility. Mr. Reno asked regarding the on -site utilities. There was extended discussion between Mr. Reno and Mr. Mann regarding the utilities for this development. Mr. Mann stated that all the site plans and subdivisions that come through the City's process are reviewed by the County Utilities Department, and they have approved the utilities plans as shown. Ms. Vitter addressed the lift station and where it is placed, and lift station access will be through the easement of the sanitary sewer lines. That was done according to the County. Mr. Reno also had concerns about a two-inch water line servicing the homes. Ms. Vitter said they are not changing any water lines that are out there. She said she is sure the water service comes from 99th Street where there is a water main that they are connected to. Ms. Battles also had questions regarding access to the lift station, which Ms. Vitter addressed. Ms. Battles also had questions regarding the sewer tie-in. Ms. Vitter pointed that out on the plan. Ms. Battles also asked if the sewer line is going to conflict with what is able to be planted in the areas where the buffer is. Ms. Vitter said that has been taken PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING SEPTEMBER 18, 2025 into consideration. It is an existing line, and it is pretty deep. Ms. Battles also asked if long-term storage and short-term storage have different calculations as far as average daily trips. Ms. Vitter said on the engineering report, they have 119 average daily trips. Ms. Kautenburg asked about the long-term storage for this property. Ms. Vitter said that, even though it is planned as long-term storage, people will be able to access their boats and RVs for short trips. Ms. Kautenburg is also concerned regarding the maintenance of the PVC fences. Mr. Mann said that, if the Commissioners want to add to the conditions of approval, that can be added. Mr. Roberts asked if there is any information about how long the lights are going to be on at night. Ms. Vitter said she cannot answer that question. She does not think it would be the intention to leave them on all night. Mr. Roberts also asked how tall the building is going to be. Ms. Vitter stated that the canopy is 14 feet and is open. The building she thinks is around that also. The lights are underneath the canopy. Mr. Mann said the proposed building height is only 15 feet. Ms. Vitter said the fence is going to be 8 feet in height. Ms. Kautenburg called for public input. Gary Oberdorf, Sebastian. Mr. Oberdorf identified himself as the Vice -President of the Breezy Village HOA. The President is out of town presently. Mr. Oberdorf stated that originally they proposed that the right-of-way for Al Maige's property was going to go from his property south along Breezy Village's fence line to their access to their RV lot. He assumes that has now been corrected, and he is actually going to come out of his property and go through their storage unit to access 99th Street. Ms. Bosworth answered yes, that is correct. The next concern Mr. Oberdorf had is, if the lights become a problem, they will shade them so that they do not infringe upon the property. The next concern is that Breezy Village's right-of-way still remains as it is to access their storage units. The answer was yes. Mr. Oberdorf wanted to clarify that there is going to be 7 lights on 20- foot poles. Mr. Mann said that is correct. Gail Bielizna, Breezy Village, Sebastian. She asked if the lights will be on the top of the building. She also asked what is being done with the tortoises that are on that property. Ms. Kautenburg answered that no one builds anything without a tortoise inspection, and the tortoises are properly removed by licensed individuals and are relocated to areas established by the State of Florida. Ms. Bielizna also asked if Breezy Village has a 10- foot buffer from where the fence is going to be located in their property, and then there is 10 for Breezy Village. Mr. Mann said that the landscaping buffer that is located along the Breezy Village side is going to be 10 feet within their property, and the fence will be along PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING SEPTEMBER 18, 2025 the property lines in between the two. Regarding the lighting, there will be a mixture of lighting underneath the canopies as well as pole lights. Bill Holycross, Breezy Village, Sebastian. He asked if there will be 24-hour access. Mr. Mann said they did not specify the hours of operation for this property, but he opined that they must keep access to within the hours of operation. He does not believe it is a 24- hour access. Mr. Holycross asked if during construction is there some sort of timeline as to when they can start in the morning and a certain time to stop in the evening. Mr. Mann stated that they can do construction from 7:00 a.m. to 7:00 p.m. during the week and 8:00 a.m. to 5:00 p.m. during the weekend. Derek Holloway, Breezy Village. He asked regarding the projected date of construction and finish date. Ms. Vitter said construction will start in October or November and March or April for finishing construction. He stated that he Air B&Bs his property, and he is wondering what type of effect it might have on his guests during that time. Mr. Mann said there may be some road signage and construction entrance signage along 99th Street that may hinder driving on the road, but the ongoing project should last about six months. Hopefully, it should not deter the guests from staying at the Air B&B. Ms. Cockcroft said that is something that we would be speculating on. Joanne Boyd, Breezy Village. She asked, if there are going to be lights on 20-foot poles, why don't they put them under shading to begin with. Mr. Mann said that the photometric plan has been approved, but the condition of approval is that, if it is not enough, additional shielding will be required of the owner to provide. Ms. Battles added that it is going to be in the owner's best interest to do that, because one complaint Will be bringing it back for a violation of the site plan potentially. Kim Cross (on Zoom), Breezy Village. She is also concerned about the lights. Ms. Cockcroft stated that, for the future, there is not supposed to be public input via Zoom for quasi-judicial hearings, but we will let it go this time. Ms. Kautenburg called for anything else from the applicant. Ms. Vitter thanked everyone, and the conditions that have been presented by staff will be acceptable to the applicant. Mr. Kautenburg called for additional summary by staff. Mr. Mann said that, in summary, staff does recommend approval for the proposed site plan for 99th Street Storage located at 6075 99th Street subject to the conditions set forth above. Ms. Cockcroft asked the applicant if the conditions set forth above are agreeable to the owner. Ms. Vitter stated that the conditions are agreeable to the owner/applicant. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING SEPTEMBER 18, 2025 There being no further comments/questions from the Commissioners, Ms. Kautenburg called for a motion. A motion accepting the site plan and development for 99th Street Storage with the five conditions outlined by staff was made by Mr. Carter and seconded by Ms. Kinchen. Roll Call Ms. Kinchen -- Yes Ms. Battles -- Yes Ms. Kautenburg -- Yes Mr. Roberts (a) -- No Vote was 6-1 in favor. Motion carries. VIII. Unfinished Business -- None IX. New Business -- None X. Adiournment Mr. Reno (a) -- Yes Ms. Lorusso -- Yes Mr. Carter -- Yes There being no further business, the hearing was adjourned by Ms. Kautenburg at 6:54 p. M. A 1-M J SEAT" �■-,,;: HOME OF PELICAN ISLAND Community Development Department Rezoning & Conceptual PUD Plan Applications Staff Report 1. Project Name: Treasure Bay 2. Requested Action: Rezoning request for a PUD-R designation, and the requisite approval of a Conceptual PUD Development Plan 3. Project Location a. Address: North end of Industrial Park Boulevard off of 991h Street, East of Lance Street, and South of Gilson & Concord Avenues b. Legal(s): See survey C. Indian River County Parcel Numbers: 31-39-17-00000-3000-00016.0 31-39-17-00000-5000-00002.0 31-39-17-00000-5000-00003.0 31-39-17-00000-5000-00004.0 31-39-17-00000-5000-00002.1 31-39-17-00000-5000-00006.0 31-39-17-00000-5000-00007.0 31-39-17-00000-5000-00005.0 31-39-20-00000-3000-00001.1 31-39-17-00000-1000-00022.2 4. Project Owner: Henry A. Fischer P.O. Box 780068 Sebastian, Florida 32978 (772) 473-1914 5. Project Developer: DR Horton — East Florida Division Marshall Waller 1430 Culver Drive NE Palm Bay, Florida 32907 (3221) 358-7545 6. Project Engineer: BGE, Inc. Travis Douglas, PE/Jim Vitter, PE 601 21" Street, Suite 410 Vero Beach, Florida 32960 (772)217-5954 1 7. Project Surveyor: 8. Project Description Masteller, Moler & Taylor, Inc. David Taylor, PSM 1655 27th Street, Suite 2 Vero Beach, Florida 32960 (772)564-8050 a. Narrative of proposed action: The property buyer and applicant, DR Horton, has made application to rezone the above listed parcels. The subject area consists of 148.58 acres, with the property encompassing an 85.84-acre lake, which was previously an active sand mine, and approx. 59 acres of uplands circling the lake. The project area also includes a 1.47- acre storage parcel, and the private Industrial Park Boulevard off of 99th Street. The property lies west of the FEC Railroad, east of Lance Street, south of Gilson & Concord Avenues, and north of Beach Cove Mobile Home Park. Existing land use designations for the site are MU (Mixed Use, 10 du/ac), IN (Industrial) and C/I (Commercial/Industrial, Indian River County). The applicant has requested a Future Land Use designation, consistent with the City of Sebastian Comprehensive Plan, of LDR (Low Density Residential, 5 du/ac) through a separate application. C. The requested zoning of PUD-R (Planned Unit Development — Residential) requires approval of a supplementary conceptual plan for the proposed development in accordance with LDC Section 54-4-20.2(b). The submitted plan outlines a total of 110 single-family and 70 paired villa residential units for a proposed density of 1.21 units/acre. Access to the development will be from Essex Lane in the north, and via Industrial Park Boulevard in the south. The project is located within the Urban Service Boundary Area and can be provided water and wastewater services by Indian River County Utilities. Current Zoning: RS-10 (Residential Single-family) IN (Industrial) C/I (Commercial/Industrial, County) Current Land Use: Adjacent Properties MU (Mixed Use, 10 du/ac) IN (Industrial) IL (Light Industrial, County) Zoninq Current Land Use North: RS-10 Residential East: CL (County) Vacant & Residential CRVP (County) Mobile Home & RV Park South: IN Warehousing IL (County) Warehousing RMH-8 (County) Mobile Home Park West: RS-10 Residential K Future Land Use LDR (5 du/ac) C/I C/I IN C/I MHRP (8 du/ac) LDR (5 du/ac) d. Site Characteristics (1) (2) (3) (4) (5) (6) (7) (8) (9) Total Acreage: Current Land Use(s): 148.58 acres Vacant Sand Mine Soil: Immokalee Fine Sand Pomello Sand (0-5% slopes) Arents (0-5% slopes) Astatula Sand (0-5% slopes) Vegetation: Sand & Gravel Pits Disturbed Lands with grasses, Brazilian pepper, scattered slash pines, and cabbage palms Flood Hazard: Water Service: Sanitary Sewer Service: Parks: Police/Fire: Zone X and AE Indian River County Utilities Indian River County Utilities On -Site Recreational Amenities Sebastian Police - 3 miles north County Fire — 5 miles south 5 miles north 9. Comprehensive Plan Consistency a. Future Land Use: Low Density Residential (LDR- 5 units per acre) b. Level of Service (1) Traffic: (Initial Traffic Statement indicated on Sheet CO-02) The estimated preliminary trip generation for the proposed PUD will create an average of 1,617 daily trips. Therefore, the proposed development will create an increased demand on the existing roadway network. Traffic impacts to neighboring roadways and intersections will be analyzed during the preliminary plat application and through a full Traffic Impact Analysis to determine mitigation strategies and any possible off -site roadway improvements. The subdivision incorporates two "primary" access points; one of which will be a direct access to Industrial Park Boulevard to the south and one to Essex Lane in the north. Currently, Essex Lane is a substandard roadway and as such, off -site improvements to the street will be required by the developer. (2) Potable Water: The property will be serviced by public water provided by Indian River County Utility Services. Several points of connection are available. The applicant will be required to connect to county utilities and has ascertained that adequate capacity is available at the North and South County Public Water Systems to handle the additional projected flows. (3) Wastewater: The property will be serviced by public waste water provided by Indian 3 River County Utility Services. The applicant will be required to connect to county utilities and has ascertained that adequate capacity is available at the North and Central Wastewater Treatment Facilities to handle the additional projected flows. Points of connection will be determined and reviewed by IRC Utilities. (4) Stormwater: The level of service standard is regulated by the St. Johns River Water Management District, the same for all developments. The stormwater management system will be internal to the development and managed by the HOA. (5) Recreation: The proposed PUD will be required to contain minimum open space and recreation areas in accordance with minimum standards as established by the Comprehensive Plan and Land Development Code. The preliminary development plan will be required to demonstrate proper compliance with this regulation. Conceptually, the proposed PUD indicates compliance with these minimum standards. (6) Solid Waste: There will be an increased demand on solid waste as the property is currently vacant. 10. Conformance with Code of Ordinances: The proposed rezoning and conceptual PUD plan is consistent with the Code of Ordinances. 11. Changed Conditions: Existing site consists of an inactive mining operation with a proposed change in use to single-family residential. 12. Land Use Compatibility: Subject property is adjacent to mobile home parks, low density residential, and industrial land uses. Low density single-family residential provides for consistency with relation to future growth and development. 13. Adequate Public Facilities: Public utilities (water, wastewater) will be incorporated within the development of the proposed PUD. 14. Natural Environment: The proposed PUD will be required to contain minimum open space and recreation areas in accordance with minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance while also incorporating best management practices to keep and maintain a natural buffer along with lake shoreline. 15. Economic Effect: The proposed subdivision provides an additional 148.5 +/- acres of land area and 180 residential units, which in turn creates an expanded tax base for the City of Sebastian. Fees collected from the development will fund basic services of the City, including stormwater and recreation services. The proposed development will not adversely affect the property values in the area, or the general health, safety and welfare of the community. 16. Orderly Development: The proposed conceptual plan is consistent with the comprehensive plan and provides for orderly development given the location of the site, which is adjacent to other residential properties. The property has provided assurance of the availability of sufficient public facilities and access. 17. Public Interest: The Comprehensive Plan outlines the necessity to incorporate quality residential developments and housing stock with a mixture of housing types which should be developed as "Healthy Communities." The project, by providing a variety of housing models, and providing a mix of recreational amenities that will support healthy lifestyles and physical activities, is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed conceptual plan is not in conflict with public interest. 18. Contents of Conceptual Development Plan (Sec. 54-4-20.2(b)): a. Vicinity map: provided - Zoning and Land Use Maps, attached b. Property boundaries: provided — Survey, attached C. Existing conditions: provided — Environmental Assessment, attached d. Development plan: provided: (1) Land use: LDR (Low Density Residential) (2) Circulation: The roadway design plan incorporated within the conceptual development plan depicts two points of ingress/egress and an internal circulation system circling the existing lake. (3) Conceptual drainage plan: Attached - Final design of the proposed stormwater system will be required to be in compliance with SJRWMD and City of Sebastian standards. (4) Density: 1.21 units per acre (5) Nonresidential use square footage: none proposed e. Written material: Provided — PUD Written Justification Statement from Applicant, attached (1) Planning objectives: The Treasure Bay PUD Conceptual Development Plan currently consists of a single phase. However, phasing the project is anticipated to be requested by the developer through the Preliminary Plat application. The designation of a property as a PUD is intended to promote creative design. In a PUD, elements of the design such as lot size, setbacks, etc. may be negotiated to allow clustering of open space and recreational areas. The proposed plan indicates that while offsetting requested dimensional considerations with public benefits, compliance with open space, recreation, and stormwater requirements will be met. (2) Development schedule: provided (3) Environmental impact statement: An initial environmental assessment was submitted for review with the conceptual PUD plan. A full environmental study including all parcels will be provided with the preliminary plat/plan application, and a 100% Gopher Tortoise Survey before landclearing. (4) Public facilities impact statement: (a) Quantity of wastewater generated; Based on Sebastian's adopted Level of Service for sanitary sewer, which is 250 gallons per day per unit, an estimated 45,000 gallons per day will be generated for the development. Capacity is 5 available and has been verified with Indian River County Utilities by the project engineer. (b) Description of proposed recreational facilities; The development will be providing community common areas including an access point to the lake and a storage building for small boats (kayaks, canoes, paddleboards, etc.), a dog park, pickleball courts, and playground area. The lake will be private and not accessible to local residents, but a public, shared -use bike trail will be constructed within the eastern Landscape Buffer and along Industrial Park Boulevard thus creating connectivity with the Schumann Drive neighborhood, and to the south, a safe bicycle and pedestrian access to the US #1 sidewalks via 99th Street. The proposed public rest area at the north end of Industrial Park Boulevard will provide a covered pavilion, water fountains, benches, exercise equipment, and a community garden area. Cumulatively, the proposed facilities meet the subdivision's total recreational space requirement. (c) Quantity of potable water required; Based on Sebastian's adopted Level of Service for potable water, which is 250 gallons per day per unit, an estimated 45,000 gallons per day will be generated for the development. Capacity is available and has been verified with Indian River County Utilities by the project engineer. (d) Estimated number of school age children expected within the development: The developer must provide a School Capacity Availability Determination Letter (SCADL) from the Indian River County School District with the submittal of the preliminary plat/plan. However, an initial estimate of school -attending children that may live in the development, based on a SDIRC formula, is approximately 50, which current school capacity can accommodate. (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and Provided in the Written Justification Statement submitted by the applicant, attached (f) Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable. This project is not a Development of Regional impact as defined by the Florida Statutes. f. Open space and landscaped areas: The proposed PUD will provide 2.94 acres of recreation space and 78.85 acres (53%) open space to satisfy the minimum standards as established -by the comprehensive plan. The conceptual plan indicates areas that will be providing perimeter landscape buffer strips varying in width in addition to a required natural buffer along the lakeshore. 19. Other Matters: The developer is requesting consideration in regards to the PUD design for the proposed average lot sizes, lot widths, minimum yard setbacks, maximum building coverage, and the amount of open space credit allowed from the lake (50% vs 30 % max). These design allowances are proposed to be counterweighed with the following additional public benefits: 0 a) A public 8-foot-wide shared use/bike path to be located within the eastern Landscape Buffer (30' wide) from Essex Lane north continuing south to Industrial Park Boulevard b) Increased canopy trees and landscaping, above minimum standards, within the eastern Landscape buffer enhancing the public bike path c) A public 8-foot-wide bike path along Industrial Park Boulevard d) A general public rest area to be located at the north end of Industrial Park Blvd that will include exercise equipment, benches and a pavilion, bicycle maintenance equipment, water fountains, and a community planting area e) Pedestrian access points (2) on the west side of the project to Lance Street for access to the community and Schumann Park f) Upsizing of a sewer force main pipe along Schumann Drive from 6" to 8" with all costs covered by the developer With regards to the amenities that are being provided for general public use, i.e., the 8-foot- wide shared use/bike paths along Industrial Park Boulevard and within the eastern landscape buffer, and the .43-acre rest area with specified improvements, the Final Plat will be required to dedicate the areas to the public with maintenance by the HOA. The location shown on the proposed conceptual plan of the bike path within the eastern landscape buffer, along with the location of the wall also shown, shall not be considered their final location. Staff would prefer the bike path to be more centered with the enhanced landscaping and tree canopy on both sides of the path, and the wall closer to the eastern boundary line than as indicated. The wall is proposed as a noise buffer for the expected train noises, and although 6 feet, including any berms, is the maximum height for fences and walls in the residential districts, an 8-foot wall could be considered because of the circumstances, with the understanding that the 8-feet height includes the height of any berm the wall is placed on top of. The subdivision is providing the two required main access points: a) Access in the north will be from Essex Lane off of Schumann Drive just west of the FEC railroad. Currently, it is a substandard street, which, after review of the required Traffic Analysis Report to be submitted with the Preliminary Plat application, will need to be brought up to current design standards by the developer as an off -site improvement, in accordance with the city engineer's specifications, including pavement and sidewalk widths, location of utilities, and traffic markings. Any proposed subdivision landscaping or off -site signage to be located within the Essex Lane ROW will require execution of a License to Encroach agreement with the city. b) Access from the south will be from Industrial Park Boulevard, which will remain a private drive. This roadway is also access, as documented via a recorded access easement, for the properties and businesses located adjacent in the Industrial Park Subdivision. The easement has been recently updated, and a copy will be required with submittal of the Preliminary Plat application. Staff prefers that a formal access easement and/or dedication be established on the Final Plat. 7 • The perimeter landscape buffers and tracts will be required to have specific landscaping plans included with the Preliminary Plat submittal for staff's review • Separate site plans are required for each of the private and public recreational areas/tracts. Compliance with parking standards and landscaping requirements will be reviewed. Model homes are Conditional Uses in the residential zoning districts and as such, will require approval by the PZ Commission. Per the parking regulations for townhomes (proposed paired villas), guest parking areas are required: 1 space for every 5 required townhome spaces, which should be located in the vicinity of the townhouse lots. Parking spaces required for the recreational areas and Model Home Center are not applied to the guest parking calculation. The conceptual plan does not indicate locations for the guest parking areas. These spaces must be included on the Preliminary Plat • The Environmental Assessment Report covered the parcels encompassing the lake area, but did not include the Industrial Park Boulevard property nor the 1.47-acre industrial storage parcel. An updated assessment report including the additional two areas will be needed with the Preliminary Plat submittal • Staff has verified that the SJRWMD permit for the sandmining activities have been inspected and closed out by DEP staff. SJRWMD has agreed that grading plan for the subdivision can act in lieu of the required reclamation plan for the sand mine. The developer has submitted their proposed drainage and grading sheet to the water management district for their review and applicable permitting. Until recently, the shoreline area was not proposed to be regraded. As such, staff had requested that the shoreline remain in its natural state without sod and that additional native lakeshore materials be planted. Because of the existing slope and drop-off at water's edge, staff was informed that there were not a lot of areas feasible to add native plantings, but they would be added where possible. The current intent is to now regrade the shoreline area and address the drop-off. Staff opines there is an environmental benefit to still keep the shoreline in its natural state, after grading activities are finished, with no sod added, and to require the addition of native shoreline plantings and littoral zones as more feasible areas may now possible because of the regrading. Previous conceptual plans for the PUD indicated a 4-foot-high wrought iron fence on the rear property lines of all the residential lots as a means of filtering direct access to the lake by residents and individual lot owners. The plans were recently revised and have removed this fence. The applicant should be requested to disclose for the record their intent regarding lake use, and if property owners will be able to have individual docks, access to the lake, individual beaches, etc., as this affects maintenance and longevity of the requested native shoreline planting areas, along with the preservation of native lakeshore habitat and birding areas. 20. Conclusion: The requested rezoning from the existing RS-10 (Residential Single-family), IN (Industrial), *a mix of County A-1 (Agriculure-1), RM-6 (Multiple -Family Residential), and IL (Light Industrial) to the City's PUD-R, in addition to the Conceptual PUD Development Plan, is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 9; 21. Recommendation: Staff recommends that the Planning and Zoning Commission forward a favorable recommendation to the City Council to approve the requested rezoning, and to approve the Conceptual PUD Development Plan for Treasure Bay with the following conditions: 1) The public recreational amenities shown on the plan, specifically the shared use/bike path within the eastern landscape buffer tract and along Industrial Park Boulevard, and the .43- acre general public rest area located at the northern end of Industrial Park Boulevard to include exercise equipment, seating area, covered pavilion, bicycle maintenance equipment, water fountains, and a community planting area, shall be completed before the Certificate of Completion is issued for the subdivision, or any first phase of the subdivision. 2) The public recreational amenities shall be formally dedicated on the Final Plat for use by the general public, in perpetuity, and establish that the maintenance responsibilities of those areas will be by the HOA. If the public amenities are not maintained properly and become blighted or unkempt, the PUD may be found in violation of its approval. 3) All other recreational areas/tracts are to be completed before 25% of the residential units of the subdivision, or any first phase of the subdivision, have received their Certificate of Occupancy. No further Certificates of Occupancy could be issued until the recreational tracts are completed. 4) Final location of the shared-use/bike path within the eastern landscape buffer shall be determined with staff, preferably centered, with the enhanced landscaping and tree canopy located on both sides of the path. Formal landscaping plans are required for all the landscape buffers/tracts. The proposed wall within the eastern landscape buffer shall not be higher than 8 feet, including any berm or raised grading, and shall be located closest to the eastern boundary line. 5) Off -site improvements to Essex Lane and Concord Avenue shall be in accordance with the City's accepted design standards and approved by the City Engineer and Public Works Director. The Final Plat shall dedicate an access easement over Industrial Park Boulevard for the adjacent property owners and any public accessing those businesses. 6) Separate site plan applications, administratively reviewed and approved, shall be required for all of the recreational areas/tracts. Model homes shall be required to receive conditional use approval by the PZ Commission. 7) The guest parking spaces required by the townhouse regulations shall be provided and accounted for on the Preliminary Plat, and must be in the vicinity of the paired villa parcels. Spaces for the recreational tracts shall not count toward guest parking compliance. 8) After any proposed regrading, the area along the lake shoreline shall remain in a natural state, with no sod added. Additional native shoreline plant materials and littoral planting zones shall be installed wherever feasible, with a proposed planting plan to be submitted to staff. Before any landclearing can occur in any area, for any phase, a 90-day current Gopher Tortoise survey will be required, along with a survey for least terns if clearing will occur during egg -laying season. PREPARED BY DATE N� 11 ATLANTIC ENVIRONMENTAL ENVIRONMENTAL PERMITTING & MITIGATION ENVIRONMENTAL ASSESSMENT On the Vickers Sand Mine Project Site Industrial Park Boulevard Sebastian, Florida Parcel No.'s 31391700000500000002.0, 31391700000500000002.1, 31391700000500000003.0,31391700000500000004.0, 31391700000500000005.0,31391700000500000006.0, 31391700000500000007.0, and 31391700000300000016.0 ±145.72 Acres Section 17, Township 31 South, Range 39 East Conducted for: Mr. Jim Vitter, PE BGE, Inc. 601 21st Street, Suite 410 Vero Beach, Florida 32960 Conducted by: Atlantic Environmental of Florida, LLC 657 Montreal Avenue Melbourne, Florida 32935 September 3, 2025 657 Montreal Avenue - Melbourne, Fl. 32935 `*-• ph 321.676.1505 _� fax 321.676.1730 ® www.envirenmentalpennitting.com 21822EA.Rpt 11. ATLANTIC ENVIRONMENTAL ENVIRONMENTAL PERMITTING & MITIGATION September 3, 2025 Mr. Jim Vitter, PE BGE, Inc. 601 21st Street, Suite 410 Vero Beach, Florida 32960 Re: Environmental'Assessment Vickers Sand Mine Project Site Sebastian, Florida Atlantic Environmental File No. 21822 Dear Mr. Vitter: 657 Montreal Avenue Melbourne, FL 32035 ph 321.676.1505 fax 321.676.1730 Atlantic Environmental of Florida, LLC (Atlantic Environmental) has completed an environmental assessment and feasibility study of the above -referenced ±145.72-acre project site located off Industrial Park Boulevard in Sebastian, Indian River County, Florida (Figures 1 and 2). The field assessment of this parcel, hereinafter referred to as "the Property", occurred on June 30, 2021 and September 2, 2025. This study is intended to assess any reasonably ascertainable environmental issues that might influence the developability of the subject property. Following are the results of our study. Toaoaraahv and Soils Figure 3 shows the USGS Topographical Map for the Property and surrounding areas. According to this map, the Property had a higher ridge within the center of the Property with lower elevations to the east and west prior to the on -site sand mine operation. Also, this map suggests that portions of the Property previously supported citrus groves. The U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) map for Indian River County (Figure 4) depicts four soil types underlying the Property. Following is a description of the mapped soil types as they occur in a natural environment. Immokalee fine sand (4) The Immokalee, non-hydric component makes up 80 percent of the map unit. Slopes are 0 to 2 percent. This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 12 inches during June, July, August, September, October, November. This soil does not meet hydric criteria. Pomello sand, 0 to 5 percent slopes (21) The Pomello component makes up 85 percent of the map unit. Slopes are 0 to 5 percent. This component is on ridges on marine terraces on coastal plains. The parent material consists of sandy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 33 inches during June, July, August, September, October, November. This soil does not meet hydric criteria. 21822EA.Rpt www.envireumentalpermitting.com Arents, 0 to 5 percent slopes (23) The Arents component makes up 90 percent of the map unit. Slopes are 0 to 5 percent. This component is on fills, rises on marine terraces on coastal plains. The parent material consists of altered marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 27 inches during June, July, August, September, October, November. This soil does not meet hydric criteria. Astatula sand, 0 to 5 percent slopes (331 The Astatula component makes up 85 percent of the map unit. Slopes are 0 to 5 percent. This component is on ridges on marine terraces on coastal plains. The parent material consists of eolian or sandy marine deposits. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. This soil does not meet hydric criteria. A majority of the soils underlying the project area appear to have been altered due to past disturbance and development. Venetation and Community Types Different combinations of natural and human -influenced factors, such as surface elevation, hydrology, vegetative species and structure, soil characteristics, and degree and type of historical disturbance, will give rise to a variety of distinct ecological systems and functions, known as communities and land uses. The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) organizes most of the major categories of communities and land uses into particular descriptions, each corresponding to a different code number. Using our field observations and the FLUCFCS system as a guideline, Atlantic Environmental has identified the on -site communities as they currently exist on the Property. Figure 5 depicts the code numbers of the on -site FLUCFCS category, specifically, Sand and Gravel Pits (FLUCFCS Code Number 162) and Disturbed Lands (740). Following is a description of these classifications, as they exist on the Property, along with an assessment of the jurisdictional wetland status based on the rules and regulations of the St. Johns River Water Management District (SJRWMD) and the U.S. Army Corps of Engineers (USACE). Recently, the Florida Department of Environmental Protection (FDEP) has taken over a significant portion of the Section 404 federal permitting from USACE. The jurisdictional status of FDEP will also be referenced below. Sand and Gravel Pits (1621 A majority (±90.04 acres) of the Property consists of a SJRWMD permitted sand mine operation supporting a large borrow pond. SJRWMD will consider this pond a surface water and a modification to the permit will be required if any impacts or changes are proposed. Also, this surface water should not be federally jurisdictional since it is isolated and not considered Waters of the United States (WOTUS). Therefore, no Section 404 permitting should be required for any impacts. Disturbed Lands (740) The remainder of the Property, an area encompassing approximately 55.68 acres, is located around the perimeter of the pond, and can be described as this Disturbed Lands upland land use 21822EA.Rpt classification. It appears material from the sand mine operation has been placed within this area. Vegetation is dominated by bahiagrass, shrubby false buttonweed, capeweed, sandspur, Florida snow, cogongrass, ragweed, dog fennel, castor bean, Brazilian pepper, and scattered slash pine and cabbage palm. This community type consists of upland habitat and will require no wetland permitting or mitigation for direct wetland impacts. Habitat Potential for Protected Wildlife Suecies A preliminary survey for listed species and suitable listed species habitats was completed on the Property. This survey resulted in the determination that the Property may provide adequate habitat to support a variety of wading birds, gopher tortoises, as well as least tern. Wadina Birds Wading birds, including little blue herons, tricolored herons, sandhill cranes, and wood storks, depend on freshwater marshes and shorelines for foraging and typically roost in forested wetland systems. It is possible that any or all of these birds use the on -site ponds from time to time on an opportunistic foraging basis. However, the preliminary surrey did not indicate that -any of the above listed protected wading bird species are using the Property in a way that is significantly dependent upon on -site habitat. No nests of any of the listed species were observed on the Property, and no signs of these species were noted. SJRWMD may consider the shallow edge of the existing borrow pond as suitable foraging habitat for wood stork. Any impacts greater than 0.50 acres of the suitable foraging habitat may require mitigation for this reason. However, if the same acreage of foraging habitat can be replaced by similar habitat in other portions of the pond or in a future stormwater pond, no mitigation should be required. Gopher Tortoise Gopher tortoises are state listed as a threatened species. These species require three environmental conditions: well drained loose soil in which to burrow, adequate low -growing herbs for food, and open sunlit sites for nesting. It appears the less disturbed areas of the on -site uplands within the Property meet these conditions and Atlantic Environmental did observe a few gopher tortoise burrows during the site survey. Therefore, Atlantic Environmental recommends having a formal gopher tortoise survey completed prior to clearing/development over 100% of the suitable on - site habitat. Prior to impacts, the acquisition of a permit will be required from the FWC. The cost of relocating can be discussed after a survey is completed and the number of potential tortoises is found. Least Tern Least Terns are a state -designated threatened species. Least tern nesting activity is many times associated with open and cleared sandy construction sites that create conditions conducive for beach -nesting birds. Cleared sites, such as areas that have undergone surface scraping, may attract ground nesting species such as least terns or other imperiled beach -nesting birds (IBNB) during nesting season. IBNB nests have been documented on a variety of disturbed sites, including construction sites. Least terns deposit their eggs in shallow depressions or scrapes in the substrate, possibly lined with pebbles, grasses, or coquina shells. Egg -laying usually begins in late April or early May and colonies may range in size from a few breeding pairs to many hundreds. Although no terns were found during the site assessment, Atlantic Environmental recommends having a survey conducted for least terns during the egg -laying season. If, at this 21822EA.Rpt time, nests are located, no disturbance can occur within the nesting area until all terns have either fledged or finished nesting for the season. To deter such nesting, we recommend seeding the areas of open sand as this species will usually not nest in areas where vegetation obstructs their view. Surface Waters As mentioned above, it appears the existing sand mine was permitted through SJRWMD. Atlantic Environmental recommends reviewing the existing permit(s) to determine what the requirements are regarding the configuration of the pond after the mining is complete. Such requirements could include certain side slopes which could potentially reduce the amount of available uplands that could be used for development. Any changes to the existing pond will likely require a permit modification, at which time side slopes could be addressed. No mitigation is anticipated for proposed impacts to the on -site pond. Lastly, no Section 404 FDEP permitting should be required since the surface water is not a WOTUS. Conclusions Atlantic Environmental determined that the Property currently supports ±90.04 acres of surface water and ±55.68 acres of uplands. The on -site surface water is part of a permitted sand mine operation. Permit conditions for the sand mine operation should be reviewed to determine if any of these conditions could adversely affect future development of the Property. Lastly, surveying for gopher tortoises and least terns should be completed prior to site development. Should you have any questions or need additional information, please do not hesitate to contact our office. We look forward to working further with you on this project. Sincerely, David G. Purkerson, MS, PWS Vice President/Biologist ]on H. Shepherd, MS, PWS President/Ecologist 21822EA.Rpt ATLANTIC ENV I R O N ME N T A L ENVIRONMENTAL PERMITTING & MITIGATION July 28, 2025 Mr. Marshall Waller DR Horton, Inc. — East Florida Division 1430 Culver Drive, NE Palm Bay, Florida 32907 Re: Gopher Tortoise Survey Results on Treasure Bay Indian River County, Florida Atlantic Environmental File No. 21822 Dear Mr. Waller: 657 Montreal Avenue Melbourne, EI 32935 ph 321.676.1505 faK 321.676.1730 Atlantic Environmental of Florida, LLC (Atlantic Environmental) has completed a 100 percent coverage gopher tortoise survey within the suitable tortoise habitat contained with the Treasure Bay project site (see Figure 1) in Indian River County, Florida. The field assessment of this parcel of land occurred on July 18, 2025. This study is intended to assess the current presence of gopher tortoises within the project site, as well as determine if permits for this species will be required prior to site development. Gopher tortoises are state listed as a Threatened species. These species require three environmental conditions: well drained loose soil in which to burrow, adequate low -growing herbs for food, and open sunlit sites for nesting. Portions of the upland habitat contained on the subject site meet these criteria. After completing a 100% tortoise survey, seventy-one (71) potentially occupied tortoise burrows were located on the property (see attached Figure 1). When a site is occupied by gopher tortoises and proposed development of the property is likely to disturb or destroy tortoise burrows, a permit is required to be obtained from the Florida Fish and Wildlife Conservation Commission (FWC) to relocate on -site resident tortoises prior to the initiation of site development. Based on the current regulations, an applicant has the below options: 1. Avoidance: Avoid individual burrows by a sufficient distance (recommended to be 25 feet) to assure that the entire burrow is protected. FWC will prohibit such avoidance should the 25- foot buffer result in "crop circles" around the burrows isolating them from other suitable areas. 2. On -site Relocation: In cases where ten or fewer tortoise burrows are affected, a relocation permit can be obtained from FWC to relocate the tortoises on -site. For on -site relocations, adequate habitat must exist on -site following construction, upon which tortoises may be captured and released back onto the site in an area where they can move freely. A mitigation contribution of $272.25 payable to the state is required by the FWC under this permit type. Just prior to construction, a trenched silt fence is required to be installed around the construction area at the time of the relocation to prevent any tortoises from getting in harm's way. 21822TreasureBayGT.Ltr www.envirenmentalpermitting.com 3. Off -site Relocation: If inadequate or no tortoise habitat will exist following construction, the landowner or his agents may only pursue an off -site relocation permit with an application fee of $272.25, or more if greater than 10 burrows will be affected. Also, FWC requires tortoises to be relocated to a long-term protected recipient site. The recipient site landowner's collect a fee per tortoise from the permiee to receive tortoises on their property, to employ soft release methods, and to manage tortoise habitat in perpetuity. The lowest price recipient site in this area currently charges $5,500.00 per tortoise. In this case and considering the proposed site plan, avoidance of the tortoise burrows does not appear to be an option nor is an on -site relocation feasible. As such, an off -site relocation remains the only viable option. For an off -site relocation of these 71 potential tortoises, the total costs include an approximately $21,000.00 application fee, up to $297,000.00 in recipient site fees, $7,500.00 for a backhoe, and $21,000.00 for Atlantic Environmental's permitting and relocation fees (including installing and checking bucket traps for the required 28 days). Please note that the actual recipient site costs won't be known until the excavation is completed. Sincerely, Jon H. Shepherd, MS, PWS President/Ecologist FWC Authorized Agent GTA-09-00138G 21822Treasu reBayGT. Ltr Dorri Bosworth From: Jesse Roland <jroland@indianriver.gov> Sent: Thursday, October 2, 2025 4:24 PM To: Dorri Bosworth Cc: Nicholas Ackison; Dallas Raynor; Howard Richards Subject: RE: Treasure Bay - Dr Horton - Utility Upsizing Attachments: DR Horton Utility Verification.pdf External Sender - From: (Jesse Roland <jroland@indianriver.gov>) This message came from outside your organization. Hi Dorri! Thank you for the earlier discussion and the confirmation provided through the attached engineer's response letter. The County is pleased to be relieved of the cost for upsizing the sewer force main pipe from 6" diameter to 8" diameter at the FEC RR crossing. The larger, 8" size is needed as part of a future sewer project the County will be undertaking to reduce system pressures in the area. We appreciate you and the Council considering this as a public benefit for a PUD waiver and we hope that it may be approved as such. Thank you and we'll continue to monitor the project as it moves through the City's planning and approvals process. If you need any additional info from us, please don't hesitate to let us know. Regards, ,Jesse - ,Roland - Utilities Project Manager Indian River County Department of Utility Services 1801 27th Street Vero Beach, FL 32960 772-770-5300 iroland@indianriver.gov "Doing what is necessary today to provide a better Utility for tomorrow" "A Century in Paradise" From: Dorri Bosworth <dbowworth@cityofsebastian.org> Sent: Thursday, October 2, 2025 3:38 PM To: Jesse Roland <iroland@indianrive r.gov> Cc: Nicholas Ackison <nackison@indianriver.gov> Subject: Treasure Bay - Dr Horton - Utility Upsizing CAUTION This message is from an external source. Please use caution when opening attachments or clicking links. Hi Jesse — Following up to our conversation earlier this week regarding the preferred upsizing of utility pipes along Schumann Drive, and discussions you have had with DR Horton about a possible Shared -Costs Developer's Agreement for the installation of new 8" pipes. I had disclosed that DR Horton was using the upsizing as a Public Benefit, along with other amenities, in exchange for the city's consideration of their PUD zoning designation request, and other dimensional waivers for their proposed Treasure Bay subdivision. The city would not consider this an extra amenity/benefit if the upsizing was a compliance requirement of the IRCUD, or if they were planning to execute a shared -cost agreement with you. In our last set of review comments, we requested verification in writing from them regarding the upsizing as we are readying the project for public hearings. As promised, please see their response on Page 2, yellow highlighted. Hope this helps with your planning for the upsizing. Best regards, of 5EBgs, Dorri Bosworth .� COMMUNITY DEVELOPMENT MANAGER 772-589-5330 x8232 x dbosworth ._cit,ofsebastian.or. f 1225 Main Street, Sebastian, FL 32958 �•r Follow us on social media 'IFLICP►a Florida has a very broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Think Green! Please do not print this e-mail unless necessary. Indian River County is launching a Plan Review and Permitting Customer Satisfaction Survev, to assess our service delivery. Your feedback will help the County refine/elevate customer satisfaction service delivery. Customers have the choice to share their experiences with the County's plan review and permitting process anonymously. Survey results will provide insight into the experiences customers have with the various divisions involved in the review and permitting process. Take the Permitting, Customer Satisfaction Survey This email has been scanned for spam and viruses by Proofpoint Essentials. Click heze to report this email as spam. Ms. Dom Bosworth October 2, 2025 Page 2 Response: The project phasing has been removed from the written summary. The phasing will be coordinated in the plans and submitted for staff review at the time of the preliminary plat application. 4. Recreation Open Space Dedication Statement: Revise the general public sidewalk added along Industrial Park Blvd back to 8-foot bike path. Response: The sidewalk along Industrial Park Blvd has been revised back to an 8 foot bike path. 5. Traffic Impact Statement: Please correct statement regarding IPB that per the survey the width of IPB is 24 feet. The A& B parcels as shown on the survey are both 30-feet wide, therefore creating a 60-foot wide private road. Response: The ROW with of 60 feet has been added to the statement. Note: The dimension of 24 feet is in reference to the asphalt roadway. A 60 foot wide roadway will not be proposed on Industrial Park Blvd 6. Previous comment: Dimensional Consideration Requests: Because the "paired villa" units are being conveyed, staff considers these townhomes. Please update the RM-8 column by using the RM-8 townhome regulations/dimensional criteria. Not all columns were updated. Please label this column 11RM-8 Townhouses" and update information, specifically Lot width, setbacks, and coverage. This comment has still not been addressed. New Rlvl­;_ Townhouse regulations were adopted in June but are not yet codified. Please see attached Ordinance for use to correct the information in the RM-8 Townhouse columns. Add the proposed Paired Villa information to the columns as requested. Response: The dimensional consideration request has been revised to include the Lot Width, setback, and coverage values from the adopted RM-8 Town home Ordinance No. 0-25-IZ The columns have been renamed as requested 7. Public Benefits: • Correct #3 back to the 8-foot bike path along Industrial Park Boulevard • #4: Staff spoke to IRC Utilities, and as disclosed from county staff, the county is preferring to upsize the 6" force main to 8" and has discussed this via a shared -cost Developer's Agreement with the applicant. If DR Horton is proceeding with the upsizing in conjunction with IRC and a Developer's Agreement, the upsizing will not be considered a Public Benefit towards the Dimensional Consideration Requests. Please remove. If the upsizing is being installed solely by DR Horton and not with a share -cost agreement, the installation can be counted as a Public Benefit. Please verify in writing. Response: The 5 foot sidewalk has been revised back to an 8 foot bike path, and the recreation area calculations have been revised to include this area. The upsizing of the public force main from 4 "/6" to an 8" will be covered by the developer, with no shared -cost or Developer's Agreement to be proposed saery nc#. t e-,)rllnq. S0111ino. FLOIkIDA DEPARTMENT OF Erf7TTIr-OTtalPTMIYACAL1 Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL32399-2400 August 28, 2024 Henry Fischer & Sons Inc. c/o Henry Fisher P.O. Box 780068 Sebastian, Florida 32978-0068 j hfischeraa wedi,florida.com RE: Mine Reclamation Release,' Vickers Sand Mine File Number: AMR 223469-002 Indian River County, Florida Ron Govemor iu® Rum Lt. Governor shmVi s unialft Secretary Dear Mr. Fisher: Your reclamation release request for the referenced mine was received by the Department of Environmental Protection (Department) on April 05, 2024. The area to the be released consists of Vickers Sand Mike. The stormwater management system for the mining operations received a management and storage of surface water permit (Permit No. CUP 118670-1) from the South Florida Water Management district (SFWMD) on December 9, 2008. 1 On April 05, 2024, the Department received an updated mining notice showing the completed area for Vickers Sand Mine. The notice was determined to be complete upon receipt. The Mining Notice submitted is in compliance with Chapter 62C-39, Florida Administrative Code (F.A.C.}. The project area requested fok release is located in Section 17, Township 31 South, and Range 39 East in Indian RiveX County, Florida. The project area is shown on the attached figure and consists of lake shorelines and adjacent uplands. On July 31, 2024, Department staff inspected the project area inspected for release. The inspection revealed that the reclamation activities had been completed satisfactorily and the project area could be recommended for release. Department staff are of the Release Reclamation Letter, Vickers Sand Mine File No. MMR 223469-002 Page 2 of 5 opinion that the project area,�as completed, complies with the requirements of Chapter 378, Florida Statues (F.S.), and Chapter 62C-39, Florida Administrative Code (F.A.C.). f Based upon the foregoing findings, the Department hereby releases the project area from further obligation to perform: under Chapter 378, F.S. and Chapter 62C-39, F:A.C. If the land in this parcel area is again mined or disturbed as part of mining operations, the area mined or disturbed shall again be subject to the provisions ofChapter 378,11F.S. and Chapter 62C-3 9, F.A.C,, andl a new environmental resource permit and reclamation plan must be. approved by the Department,. There acre no remaining mine reclamation obligations under Chapter 378 for this project. The site is hereby released in its entirety and the file for this borrow pit is closed. This release does not warrani the suitability of subject lands for any current or proposed land use and does not constitute a statement or admission concerning ownership of any interest in the subject lands. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not lac final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action. Petition for Administrative lbarinw. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-1061.201, F.A.C., a petition for an administrative hearing must contain the following information; a) the name and address of each agency affected and each agency's file or identification numberi if known; �I b) the name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service puiposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; c) a statement of when aiid how the petitioner received notice of the agency decision; j Release Reclamation Letter, Vickers Sand Mine File No. MMR 223469-002 Page 3 of 5 d) a statement of all disputed issues of material fact. if there are none, the petition must so indicate; e) a concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; 0 a statement of the spJoific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and g) a statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes `the agency to take with respect to the agency's proposed action. The petition must be filed (*eived by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agencyslerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filine a In accordance with Rule 6211 F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S �, must be filed within 21 days of publication of the notice or within 21 days of receipt of t e written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition wi+in 21 days of receipt of such notice, regardless of the date of publication. The failure to' file a petition within the appropriate time period shall constitute a waiver of that peson's right to request an administrative determination (hearing) under Sections 120569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only atIthe discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F the Department's action may administrative hearing. The 1 for an extension of time. Rec General Counsel of the Depai Tallahassee, Florida 32399-3 ., a person whose substantial interests are affected by request an extension of time to file a petition for an rtment may, for good cause shown, grant the request for extension of time must be filed with the Office of it at 3900 Commonwealth Boulevard, Mail Station 35, , or via electronic correspondence at Release Reclamation Letter, Vickers Sand Mine File No. MMR_ 223469-002 Page 4 of 5 1 1 A enc% Clea•ic),de;-.state.t1.6s, before the applicable deadline for filing a petition for an administrative hearing. A tir�ely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in his proceeding. Judicial Review I Any party to this action has the right to seek judicial review pursuant to Section 120.69, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. The files associated with thisorder are available upon request. Please address your request to MiningAndMiti,2atian i dep.state.11.us and include the file number in your request. I Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION vf nai-l-, "__ Marisa Rhian, PWS, CPM Program Administrator Mining and Mitigation Program Prepared by Caitlyn Owens i CERTIFICATE OF SERVICE The undersigned duly designated Deputy Clerk hereby certifies that the Reclamation Release including all copies, were sent on the filing date below to the following listed persons: i Release Reclamation Letter, Vickers Sand Mine File No. MMR_ 223469-002 Page 5 of 5 Copies furnished via E-Mail to: DEP, FL Div. of Recreation !& Parks, District IV Administration — Chris.Becker &deo.state.fl.us Gregg Walker, Florida Park (Service Assistant Bureau Chief, �,rejaR,walker(cD..floridadeT).aov USACE, Jacksonville District, Mining Team — CESAJ-Mina .�cam `zi'usace.arm� .mil Jack Lohmann - ilohmann L-i,alumni.i)rinceton.edu W. Ben Hart, CMSP - W. Ben Hart & Associates - WBcnHartaa,�irnail.com Gregory M. Hitz, MBA, P.G., Larnpl Herbert Consultants - emhitz'a?laMn i-nerbert.com Lance McNeill, Minerals Development - lancela.'mindev.us Susan L. Stephens — Stearns Weaver Miller — ssteohens. a stearnsweaver.com ExternalENV(@,semtribe.com' Seminole Tribe of Florida, Stacy D Myers Ili - StaevMvers Rsemtribe.com Seminole Tribe of Florida, Maria Ocampa Pinzon - mariaocampooinzon �,: semtribe.com Seminole Tribe of Florida, Ashley Wilson - ashle,,lwiisonl na7semtribe.com Itn oeriled8oeeiesQMvFWC.com SJRWMD, aonticationsunoo�t(�ta sirwmd.com DEP Southeast district, SEDi Perinittinara-dep.state.fl.us Mining and Mitigation File i i FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 1.20.52, Florida Statutes, with the designated Department Deputy Clerk, re"ceipt of which is hereby acknowledged. i i August 28, 2024 CLERK From: ion(@adantices.com To: Nanette Church; "Jim Vitter" Cc: Perry J Jennings; Marc von Canal; Michelle Reiber; Rggulattory Permittin+Apnlica ion Submittal Subject: RE: Treasure Bay-18722-11 Date: Thursday, February 29, 2024 2:20:47 PM Attachments: imaae001.Dna Thanks Nanette, we appreciate the guidance and will keep you posted. Jon Jon H. Shepherd, MS, PWS ATLANTIC ENVIR0NMEDJTAL ENVIRONMENTAL PERMITTING & MITIGATION Atlantic Environmental of Florida, LLC 657 Montreal Avenue Melbourne, Florida 32935 Phone: 321-676-1505 Cell: 321-302-2662 Fax:321-676-1730 From: Nanette Church <NChurch@sjrwmd.com> Sent: Thursday, February 29, 2024 10:51 AM To: Jon Shepherd (Jon@AtlanticES.com) <Jon@AtlanticES.com>; 'Jim Vitter' <JVitter@bgeinc.com> Cc: Perry J Jennings <pjenning@sjrwmd.com>; Marc von Canal <mvoncana@sjrwmd.com>; Michelle Reiber <mreiber@sjrwmd.com>; Regulatory Permitting Application Submittal <ApplicationSupport@sjrwmd.com> Subject: Treasure Bay-18722-11 Good morning! Thanks for your patience while we consider the issues associated with the above referenced application. Staff has determined that mitigation will not be required for the small amount of treatment that is occurring within the surface water area. In addition, no mitigation is required for the littoral zone impacts. However, in terms of the grading of the slopes beneath the water's edge as discussed last week, there are grading requirements for a permanently wet basin per 2.6.1, A.H. Volume II attached below. In addition, reclamation of the sand mine must be completed following the regulations enforced by DEP. The most restrictive requirement must be met. We have determined the options for this project are: 1. The current permittee of 18722-10, Fischer and Sons Inc, coordinates with DEP and completes the reclamation process. Once that is completed to the satisfaction of DEP, the current application can be permitted once it is considered complete. 2. The current applicant, DR Horton, includes the reclamation process in the current application. The plans would be updated to reflect either the required reclamation grading or the grading required in 2.6.1, A.H. Vol II, down to a low water elevation for drought conditions, whichever is more restrictive. Adding in the reclamation process to the current application would need approval from DEP. I spoke with Jon about this yesterday, since it's a bit easier to explain in person. If you would like to discuss further, please reach out to me or Perry. Thanks! Nanette From: Perry J Jennings <plenning(asirwmd.rom> Sent: Tuesday, February 27, 20241:51 PM To: Nanette Church <NChurch(a)sjrwmd.com> Subject: Vickers Sand mine Hi Nanette, Attached is section from Vol II, AH concerning side slopes for public safety. A control structure is the reference for the requirement but since the proposed project does not have a CS then would suggest that the low water elevation for drought conditions be the elevation benchmark as opposed to the normal water elevation. Kind regards, Perry. Perry J. Jennings Professional Engineer Bureau of Environmental Regulation/Palm Bay Service Center St. Johns River Water Management District P.O. Box 1429 * Palatka, FL 32178-1429 Office: (321) 409-2185 Email: 9jenning0,airwmd.com Website: www.sjrwmd.com Connect with us: Llewslette, Facebook, Twitter • Insta&ram, YouTubp, Pinterest We value your opinion. Please take a few minutes to share your comments on the service you received from the District by clicking this huL Notices • Emails to and from the St. Johns River Water Management District are archived and, unless exempt or confidential by law, are subject to being made available to the public upon request. Users should not have an expectation of confidentiality or privacy. • Individuals lobbying the District must be registered as lobbyists (§ 112.3261, Florida Statutes). Details, applicability and the registration form are available at lZp.;//wwwsirwmd.conldQb yiatZ rHENRY FISCHER & SONS, INC. . Box 780068 • Sebastian, Florida 32978-0068 2) 589-3159 • Fax: (772) 589-7731 • hfischer@wedigfiorida.com January 24, 2024 St. John's River Water Management District ATTN: Nanette Church, Senior Regulatory Scientist RE: ERP#18722-10 Vickers Grove Borrow Pit Annette: - Site Development • Road & Parking Lot Construction • Storm Drainage • Land Gearing • Fill Hauling & Compaction • Heavy Equipment Rentals pig ■:►e1 ; R :GEI'JEQ J N 2 5 2024 BF 7ZZ - /o �- Palm Day ! /r Service Center This is a recent topo of the Vickers Grove lake done in March, 2023. No mining activity has occurred for the past five (5) years. Slopes are vegetated and this lake has no required outfall. We would like to withdraw the E.R.P. due to the fact that the potential buyer, D. R. Horton, prefers to file an E.R.P. based on their subdivision plan "Treasure Bay': Apparently, they did apply for a modification (18722-11). In my conversations with Jim Vitter (Horton's engineer) he is aware that 18722-11 will no longer be viable and he is fine with that. It would appear that D. R. Horton will be tailoring the lake to the overall features of the future subdivision. In any case, they want 18722-10 to go away so they can proceed with that project. Please advise; as always your help is greatly appreciated. Sincerely, Chuck Cramer Henry Fischer & Sons, Inc. (772) 473-8922