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HomeMy WebLinkAboutRequest for the City's approval Phases IIB & IIICity of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 December 13, 1989 Mr. Charles I. Nash Attorney At Law 930 South Harbor City Blvd. Riverside Center, Suite 505 Melbourne, FL 32901 Re: Unit 17, Sebastian Highlands Dear Charlie: Please consider this letter as an official request for a legal opinion. General Development Corporation is requesting the City's approval of plans and specifications for Sebastian Highlands, Unit 17, Phases IIB and III. We have had these plans and specifications reviewed by Beindorf and Associates of Vero Beach, Mosby & Associates, Inc., of Vero Beach and by City staff. The plans indicate that certain of the approved platted lots are to be used for stormwater management tracts. Because of this, it is our understanding that a replat of Unit 17, Phases IIB and III is required. For your information, I am sending the review letter from Beindorf and Associates, the review letter from Mosby & Associates, Inc. and a memorandum of review by Bruce Cooper. Additionally, I am sending a copy of a letter from George R. Kulczycki of General Development Corporation, requesting clarification in writing of our request for replat. Further, for your information, I am sending a copy of a letter over my signature to Mr. Kulczycki, dated September 20, 1989, outlining what I felt would be an appropriate method of acceptance of certain improvements in Units 16 and 17. Mr. Charles I. Nash Attorney At Law December 13, 1989 Page #2 Under these circumstances, is a replat of Unit 17, Phases IIB and III required? Would a replat be required for all of Unit 17? Does General Development Corporation breech the 1979 contract by using standards other than those approved at the time of platting, as required by that contract? I shall be happy to review these matters with you in more detail if necessary. Sincerely, &^'^ (J'CA0616.1 Robert S. McClary City Manager RSM/jmt Encls. cc: Richard B. Votapka, Mayor & Members of Sebastian City Council w/ copy of enclosures City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 December 13, 1989 Mr. George R. Kulczycki Director of Community Operations General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32962 Re: Unit 17 Sebastian Highlands Dear Mr. Kulczycki: In response to your letter dated October 25, 1989 and after additional review with City staff and consultants, I have requested a legal opinion of City Attorney, Charles I. Nash so that we may detail to you, in writing, whether or not a replat of this unit is required. For your information, I enclose a copy of the letter of request to City Attorney, Nash (without attachments). Should you need additional information, will you please call? Sincerely, Robert S. McClary City Manager RSM/ jmt cc: Richard B. Votapka, Mayor & Sebastian City Council Beindor/ and Associates 3885 20th Street, Vero Beach, FL 32960-2494 . (407) 562-7981 a division of Klmley-Horn and Associates, Inc. September 18, 1989 8658.00 Mr. David Fisher City Engineer City of Sebastian P. O. Box 780127 Sebastian, FL 32978 RE: General Development Corporation Paving and Drainage Plan - Sebastian Highlands Unit 17 Phases 2B and 3 Dear David: We have reviewed the package for the above referenced project in accordance with your transmittal dated September 8, 1989 and have the following comments. 1. The plans show proposed roadways to be cut approximately two feet below existing grade. As a general rule, we would advise against this type of development since it normally requires lowering of the water table to provide adequate free board between the water table and the roadway base. The information in the application package indicates that the wet season water table is normally about five feet below existing grades. This determination was based on water table readings taken last January and June. The report states that the yearly average rainfall from 1987 through June of 1989 was below normal and that based on that information, the readings taken in January of 1989 were corrected by "several tenths h a foot". We suspect this is inadequate to account for two years of below normal rainfall for this site. At the minimum, any further reductions in ground water tables should be discouraged. Pond three shows an additional one foot reduction in the wet season water table. 2. Question C1 on Page 4 of the "Stormwater Treatment Facilities Design Report" indicates that there is no limitation on post development peak discharge rates. This is apparently based on the concept that the Collier Waterway was designed for this peak discharge. We have concerns, however, that the South Prong of the Sebastian River is not designed for this peak discharge and that additional reductions in peak discharge rates are in order. 3. The development plans show wet detention with one inch bleed down orifices. Our calculations show that these orifices are not sufficient to properly recover the necessary treatment volume in time for subsequent stormwater events. Building client relationships since 1967 aindorf and Associates Mr. David Fisher September 18, 1989 4. On sheets 3, 4, and 6, there are several pipe crossing details which indicate less than I foot clearance between proposed and/or existing water, sewer, and stormwater. We recommend a minimum of 12 inch separation between water and other utilities and require 18 inches between water and sewer facilities. Where this separation is not possible, then concrete encasement of the water line or sewer line should be required. We also recommend that all drainage pipes (not just outfall pipes) be asphalt coated for corrosion protection. 5. In our opinion, some or the gutter lengths are excessive and at .2% scope will unnecessarily result in flooded streets during storm events. 6. Plans show a slope in the retention areas of 2:1 below the water level. City Code calls for a maximum of 3:1 slope below the water table. 7. Engineers note number 17 on sheet 1 of 8 indicates that swale reconstruction along Shumann Drive is required. However, no proposed swale grades are shown in the plans. 8. Plans do not show any details of the Littoral Zone plantings. Sheet 2 of 8 indicates all ponds to be seeded and mulched. Are the ponds to be grassed or are they to be planted with appropriate Littoral Zone vegetation? 9. Plans indicate that two of the roads will be inundated by the ten-year storm. City Code requires that roads be set at or above the ten-year flood elevation. 10. What is the width of the casement between Lot 5 and Lot 6 on Block 558? Plans show a double 49 x 33 corrugated metal pipe installation. Is the existing easement sufficient for installation and future maintenance? In summary, David, the proposed drainage plan is consistent with what General Development has done elsewhere in the Highlands. The retention volumes provided are approximately half of what is required of new development under current City Codes. Street and Swale grades are set at the minimum necessary for reasonable construction. However, operation and maintenance of streets and swales at minimum grades has historically been a problem for the City. Beindorf and Associates Mr. David Fisher September 18, 1989 Additionally, it is my opinion that the wet detention system proposed with one inch bleeders will not provide the required level of stormwater pollution abatement under certain circumstances. (2" Bleeders are now the minimum size permitted by SJRWMD.) The system should provide for the recovery of 1/2" retention in 72 hours. This standard is consistent with current rules for stormwater retention systems and not inconsistent with current standards for design of wet detention systems. (Recovery is limited to 1/2 required treatment volume in 60 hours). Please let me know if you have any questions. WBM/bam Copy to: Robb McClary Bruce Cooper Peter Jones 8658.00.40 3 Very truly yours, KIM EY- TORN AN ASSOCIATES, INC. Bein orf rv4 n I am B. Messersmith, P.E. l 1507 20rH STREET P.O. BOX 6369 VERO BEACH, FLORIDA 32961 407-569-0035 September 13, 1989 Mr. David Fisher City Engineer City of Sebastian P.O. Box 127 Sebastian, Florida MOSBY AND ASSOCIATES, INC. CONSULTING FNGINF.ERS 32958 5240 BABCOCK STREET' N.E. SUITE 3007 PALM BAY, FLORIDA 32965 407-729-6263 Subject: Sebastian Highlands, Unit 17, Phases IIB & III Sebastian, Florida Engineer's Project No. 89-102L Dear Mr. Fisher: As requested, we have reviewed the subject construction drawings prepared by CAS Engineering, Inc. for General Development. Our review was based on the Division V Subdivision of Land of the City's Land Development Code. Based on our review of these drawings for current code compliance, we have the following comments: ! 1. The submitted plans indicated the original approval platted lots are to be used for stormwater management tracts. If this is the case, a re -plat of Unit 17, Phases IIB & III will be required. 2. The pavement specifications are incomplete. Complete details of the proposed pavement section on Sheet 8 of 8 must be provided. 3. The proposed corrugated metal pipe does not meet minimum accepted drainage pipe standards. As a minimum, the pipe must be bituminous coated or be aluminum or concrete pipe. 4. The current flood zone should be delinated on the drawing. 5. The plans indicated ten foot (10') roadway lanes, the current code requires twelve foot (121) roadway lanes. 6. The City's stormwater ordinance requires a evaluation of the 25 year, 24 hour storm which has not been provided. Mr. David Fisher September 13, 1989 Page 2 7. Cross-sections of the Littoral Zone plantings should be shown on the drawings. 8. Sheet 8 of 8 bleeder size detail should read Sheet 2 of 8, not 3 of 8. 9. The 10 foot (10') maintenance strip, Sheet 2 of 8, shall have a maximum slope of 8 to 1 per section 20A.10-2H6(n). 10. In wet retention areas side slopes are to be grassed or otherwise stabilized per Section 20A.10-2H6(n). No stabilization of the slopes is indicated on the drawings. 11. The Engineer must show calculations for time of concentra- tion for all five (5) drainage basin areas. 12. No pavement markings, nor roadway signage has been indicated on the drawings which should be enclosed. 13. No street lighting is indicated on the drawings which is code required. 14. The details on the drawings indicate a proposed water and sewer line to be installed but complete water distribution and sanitary collection construction draiwngs have not been provided. These must be submitted anj installed when the subdivision is constructed. ' The above items plus any additional review items your office has must be adequately addressed prior to approval of the submitted construction drawing. If you should require additional information, please call. Ver t 1 yours i Ra dy L Mosby, P.E. RLM:ch City of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 'T0 r 1 �,�� r ll I- 1 Cr'�- 1 r'iti I fltl 1 r'�f I r•5 11r f I ��, i �Ir. ,.Vlr f . 1 7. 1 (!;) 1'.I,tr` I I �� ���`r`� � 1 �.)il! i !r,� !. ,1,�1! ! Ili r•I�`-�. `r�i .. �11t1 ! -17 1 ?� '!V,.�,1 !?.!�.�'�. [1!;11I".tll'! V�"� r�iVll -•Ir,I . �� 1 t'�:I`;i Ilf�t j�l,_II � r•1� :� t'r`r�l ,,r r` i(Ir . ;)!� !r�tl � � !�r•1��,�f 1'�`i�ll l I-r'�� ,111�� (�.!1.1,�. Villages of Sebastian Highlands AGPneraI CorpomIlno Crnnnnmity 12.13 -((I II111S 1 VFfiO i3! A('1 I I I ?2r)67 October 25, 1989 Robert S. McClary, City Manager City of Sebastian P. 0. Box 780127 Sebastian, Florida 32978 RE: Unit 17, Sebastian Pawing & Drainage Plans Dear Mr. McClary: 53C L -2f I-tnll ,(� t .ttln� We are in the process of reviewing the engineering questions we received from your staff for Unit 17. We are having difficulty finding the section in the Land Development Code that would require the replat. I would appreciate your assistance in clarifying, in writing, the Cities request for replat.. Sincerely, George R. Kulcki Director of Cot unity Operations GRK/sr cc: Ms. Nancy Roen Mr. Stuart Smith City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 September 20, 1989 Mr. George Kulczycki Director of Community Operations General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32962 Re: Street and Drainage Improvements SH 16 & SH 17 Dear George: This is to confirm our discussion at the meeting held on September 20, 1989 in my office. Among other items, we discussed acceptance of street and drainage facilities constructed by General Development Corporation (GDC) in Units #16 and #17, Sebastian Highlands which GDC wishes to transfer maintenance responsibility to the City of Sebastian. Upon reviewing the 1979 agreement and related correspondence and documents, it is my position that: 1. GDC is responsible for the maintenance of all street and drainage facilities in Unit 16 and 17, Sebastian Highlands until accepted by the Sebastian City Council by Resolution. 2. The City is not required to accept any street or drainage facilities in Unit 16 and 17, Sebastian highlands until all street and drainage facilities are complete and brought up to standards. Mr. George Kulczycki General Development Corporation September 20, 1989 Page #2 3. The City is not required to accept any improvements unless constructed to the standards established in paragraph 14 of the 1979 agreement. Following our meeting today, I am willing to recommend the following to the City Council: 1: That the City accept for perpetual maintenance all street and drainage facilities constructed to date in Units 16 and 17 Sebastian Highlands with the conditions outlined herein. Please note that we are expressly not waiving any rights of the City pursuant to the 1979 agreement by considering accepting the maintenance responsibility for these facilities at this time. 2. GDC engineers must certify that the street and drainage improvements were constructed to the standards established in the 1979 agreement. 3. Acceptance would be conditioned upon the City Engineer verifying the construction standards of the improvements, such engineering expense to be reimbursed to the City by GDC. We anticipate that this would involve the engagement of an independent consulting engineer to review your as built drawings, certifications and to perform core samples and laboratory analysis. 4. Upon acceptance of the improvements by Resolution of the Sebastian City Council, GDC will remain responsible for the maintenance of all street and drainage facilities so described by said Resolution for a period of one (1) year after the date of adoption of such Resolution. The above outline is expressly conditioned upon ratification of the City Council in that the Land Development Code, the 1979 agreement and the City Charter reserves the authority of accepting sub -division improvements solely to the City Council by Resolution. Mr. George Kulczycki General Development Corporation September 20, 1989 Page #3 Therefore, I am in a position to merely recommend acceptance or acceptance procedures within the frame work of the Land Development Code and City Charter and that the final decisions are made by the Sebastian City Council. Again, thank you for meeting with us on September 20, 1989 as we look forward to working with you in the future. Sincerely, Robert S. McClary City Manager RSM/jmt CC.* Richard B. Votapka, Mayor & Sebastian City Council Randy Mosby, P.E. William B. Messersmith, P.E. David W. Fisher, P.E. Bruce Cooper, Director Community Development Charles I. Nash, City Attorney