Planning commission recommends Cross Creek Phase 3 preliminary plat with gated secondary access and EMS easement

The City of Sebastian Planning and Zoning Commission on July 16 voted 7‑0 to recommend that the City Council approve the preliminary plat for Cross Creek Lake Estates Phase 3, a proposed 19.44‑acre subdivision of 38 single‑family lots.

Applicant Wesley Mills of Mills Short and Associates presented the plan and described the project as a continuation of Cross Creek Lake Estates Phase 2. Mills said all lots meet the RS‑10 minimum 10,000‑square‑foot lot size, the subdivision provides 61% open space (above the code’s 50% requirement), and conventional setbacks comply with the zoning standards. He described a primary entrance on Yearling Trail, a planned secondary EMS access (a stabilized, emergency‑only route), and a future tie‑in point if the adjacent River Oaks project later extends Shakespeare Street.

“This project will not extend Shakespeare. We're not touching Shakespeare. We're not improving it. We're not extending it,” Mills said, adding that the phase includes a provision so it can connect later if River Oaks proceeds. Mills also said the project has environmental approvals in process: the team obtained St. Johns permit coverage and will perform a 100% tortoise survey before construction.

Several nearby residents urged commissioners to reject or modify the plan because of traffic, safety and quality‑of‑life concerns and worries about wildlife and HOA covenants. Resident Brian Fisher asked why extensions to Shakespeare keep reappearing at hearings. “I don't understand why we're even here today,” he said. Colleen Cherry told the commission the changes will “ruin our life,” raising allegations about prior developer practices and asserting the project will change how the gated community operates. Linda Schlosser asked specifically about state‑protected gopher tortoises and whether they will be relocated or otherwise protected; the applicant said state agencies and the permit process will guide mitigation.

Staff presentation and conditions: Jim Mann of the Community Development Department said the project’s proposed density is about 2.03 units per acre, reiterated the 61% open space figure, and noted several conditions of approval: a recreation in‑lieu payment for public park requirements; a 20‑foot right‑of‑way dedication on the western border to align with the proposed Shakespeare extension; an approved adjustment for street lighting (lot‑level lights maintained privately rather than city FPL roadway lights); and the requirement that the gated secondary access be designed and installed according to a schedule to be finalized during construction drawings.

On emergency access and policy context, staff said the city’s comprehensive plan requires a secondary access for subdivisions with more than 25 units; because Phase 3 lacked a previously recorded secondary access point, staff required a gated 20‑foot EMS easement to ensure emergency‑vehicle access.

After commissioner questions about alternatives, gating and queuing, and the location of sidewalks, a commissioner moved to recommend council approval of the preliminary plat with the five staff conditions plus an added condition requiring a gate at the secondary access; the motion passed by roll call. The commission’s recommendation, including the listed conditions, will go to City Council for final action.

What happens next: Staff will work with the applicant to add the gated access and other required details in construction drawings and forward the recommendation packet and conditions to City Council.