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HomeMy WebLinkAbout1995 11 08 - Public Hearing Acceptance of Minor SubdivisionCity of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: PUBLIC HEARING REGARDING ) Agenda Number: R-95-63 ACCEPTANCE OF THE MINOR ) SUBDIVISION PLAT FOR FISCHER ) Dept. Origin: INDUSTRIAL PARK ) Approved For City Manager EXPENDITURE REQUIRED: Sub'ttal By: AMOUNT BUDGETED: 95. /99 Community Development Date Submitted: 11/08/95 For Agenda Of: 11/15/95 Exhibits: 1. R-95-63 2. Applic. for Minor Subdivision 3. Plat of Fischer Industrial Park 4. Section 20A-16.1(C)l of LDC 5. Section 20A-16.3 of LDC 7. P & Z memo of 10/20/95 8. Masteller letter dated 11/2/95 9. Tim Williams memo of 11/8/95 SUMMARY STATEMENT APPROPRIATION REQUIRED: The City of Sebastian has received an application for a minor subdivision plat from Randy Mosby, representative for Dr. Henry Fischer. The proposed minor subdivision will divide an existing property into two lots. The property has an approved site plan and the first phase of construction has been completed. However, the proposed subdivision of this property would not create a non -conforming situation, and therefore staff has no objections. Since this subdivision is creating 2 lots on an existing paved road, and does not require any extension of offsite improvements, this proposal meets Section 20A-16.1(C)l of the Land Development Code for a minor subdivision. At its regular meeting of October 19, 1995, the Planning and Zoning Commission reviewed this minor subdivision in accordance with the Land Development Code and recommended approval by the City Council, with conditions as noted. Pursuant to Section 20A-16.3 A & B of the Land Development Code, the City contracted with Masteller & Moler, Inc. to review the proposed minor subdivision plat in accordance with this procedure. The comments from Devon Rushnell of Masteller & Moler are attached for your review. Comments from City Attorney Timothy Williams are also attached. ACTION Conduct public hearing regarding Resolution R-95-63. Move to adopt Resolution No. R-95-63. DLr U5 "Z�5 11: W':�HI'I 1.1 I I J SL&HS f 1HI I Application No: APPLICATION FOR MINOR SUBDIVISION CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE # 589-5537 Date owner Dr. Henry Fischer Phone (407) 589-3159 Address P. 0. Box 780068, Sebastian, Florida 32978-0068 Subdivision Name Fischer Industrial Park Section 20 Township 31 Range 39 Project Surveyor James A. Fowler Fla State Project Engineer Mosby & Associates, Inc. Fla State # 22326 zoning classification IN Land Use Industri Development Site Size 4.53 Ac. Acres Minimum Lot Size 1.5 Ac. Proposed Units per Acre N/A Number of Lot The following attachments shall accompany this application: 1. A copy of the owner's Recorded Deed. 2. If applicant is other than the owner, a sworn statement of authorization is required. 3. Twelve (12) copies of all plans. (Three initially for review purposes. 4. Final plat requires compliance with ection 20A-16.3 of the Land Development Code; S. Existing legal description. FEE SCHEDULE THE FEE FOR A MINOR SUBDIVISION IS $100.00 AS SE RESOLUTION NO. R-88-06. tip. MINSUB . HTP O CS O ? SQGS City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 c FAX (407) 589-5570 MEMORANDUM DATE: October 20, 1995 TO: Mayor, City Council FROM: Dorri Bosworth, Secret Planning and Zoning Co Sion REFERENCE: Proposed Minor Subdivision - Fischer Industrial Park At its regular meeting of October 19, 1995, the Planning and Zoning Commission passed a motion to recommend to City Council to approve the proposed minor subdivision plat of Fischer Industrial Park prepared by James A. Fowler, received 10/4/95, for Dr. Henry Fischer. This approval is subject to satisfaction of any comments made by the city attorney and consulting engineer from their review of the plat. The motion for recommendation of approval was made by Mr. Goldstein, seconded by Mr. Johns. The Commission voted unanimously 7-0. 1-40V- 7-S-5 TUE 1 6 35 » MMR S< MMS P.01 M H MASTELLER & MOLER, INC. -CONSULtINGENGINEERS - November 2, 1995 Ms. Jan King City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Review of Reviscd Minor Subdivision Plat, Easements & Site Access Fischer Industrial Park Subdivision MM Project No. 9505GG Dear Ms. King: Mastuller & Motor, Inc., has completed our review of the proposed Minor Subdivision of Fischer Industrial Park in Sebastian, Florida. Aulhori2.ation for our services was provided :via our Professional Services Agreement, dated July 12, 1995, and Supplement Agreomord No. 5 executed on August 10, 1995. The revised preliminary plat (Sheet 1 of 1, prepared by James A. Fowler, Inc., undated) was furnished to our o0ice on November 1, 1995 by the City of Sebastian. In addition, we were previously furnished with a copy of the Site Plan (Sheets C-1 & C-4 prepared by Mosby & Associates, dated October 4, 1995. We understand that the furnished site plan is in conformance with a previously approved site plan for this site. Wp have reviewed the futnishcd plat and site plan in accordance with the City of Sebastian, Land Development Code, Section 20A-16.3, Mirror Subdivision Procedures and Chapter 177 of the Florida Statutes. Based on our re -review of the furnished documents, we recommend that the plat be fot' ' d to the City Council for approval, contingent upon completion and recordation of the warranty deed with the appropriate ingress and egress and drainage easements. We appreciate the opportunity to continue to serve as your consulting engineer. If you have any comments or concerns, please do not hesitate to contact our office. L ,! & MOLER, INC. "' - %'J \ nell P.E. Vice Presic nt �s�� (� W DSWsc File rv" 122 1823 N. U.S. Highway r, Suite 82 t] 7380 Murrell, Road, Sulle,106 ' Sebastian, FL 32958 Melbourne, Fbride.32940 . (407) 589-4800 (407) 255-1175 • -- (407) 589-2742 Fax (407) 253-4439 Fax_. Sobastian, FL329S8 (407) 589-4800 (407)589-2742 Fax &-OLE12INC. P.E. Vice DOAC File IvQv]# 4 122 1623 N. U.S. Highway 1, Suite 52 Sebastian, FL 32958 (407) 589-4600 (407) 589-2742 Fax Melbourne, Florida 32940 a (407) 255.1175 (407) 253-4439 Fax 7380 Murrell Road, Suite 106. Melbourne, Florlda 32940 (407) 255.1175 (407) 253-4439 Fax i1-07-95 11:39AM FROM POTTER MCCLELLAND M E M O R A N D U M TO: Jan King FROM: Timothy M. Williams, Esquire DATE: November 7, 1995 RE: Fischer Industrial Park Subdivision I would suggest the following changes to the Fischer plat: 1. Since Industrial Park Blvd. is not platted, the name and address of the adjoining owner should be shown on the plat. The name and address of the owner of the adjoining land to the north should also be shown. 2. As I discussed with Carl Fischer earlier, the warranty deed gives Lot 2 an ingress -egress easement over the south 30' of Lot 1, but does not give Lot 1 an easement over Lot 2. Also, the 325.86' call in exhibit B should be 225.861. With these revisions, the plat will comply with 20A 16.3 and FS. 177. When Industrial Park Blvd. is dedicated, the owner and any mortgagee of Lot 2 will have to join in the dedication. PO2 Rec. Fee f Doc. Stps. $ Prepared by & return to: I S. Carpenito, CLS, CLC I COHHERCIAT, TITLE SERVICES, INC. I 162.1 U.S. Highway 11 I Sebastian, Florida 32958 I Incident to the issuance of title Insurance I Tax ID 1 1 ---------------------------- THIS WARRANTY DEED made the Henry A. Fischer hornineftor collnd thn grantor, to whose addross is hereinafter called the grantee: PROPOSED day of Novnmber, 1995 by WITNESSETH• That tt,he rantor, for and in consideration of the sum of $10.00 appd other valuable conslderatYons, receipt whereof Is hereby acknowledged, bore, grants, bargains sells allegs rem) -os releases conveys and confirms unto the grantee all that rerta 3o land situate In Indian Ativer corm ty, State of Flnri n, VIZ.: Lot 2, FISCHER INDUSTRIAL PARR SUBDIVISION, according to the plat thereof as recorded In Plat Hook Page Public Records of Indian River County, Florida. Together with a non-exclusive easement for Ingress and egress over that parcel described on attached Exhibit "A". Together with and subject to a crops -easement between the grantor and the grantee, their successors and/or assigns for Ingress, agrees and parking over the Southeastnrly 30 feet of Lot I and the Northwesterly 30 feet of Lot 2„ of said FISCHER INDUSTRThT. PARR SUBDIVISION. Together with n non-exclusive easement for drainage of surface water onto Lot 1 of said Fischer Industrial Subdivision. Reserving unto the grantor, his successors and/or assigns, an easement for drainage of surface water onto said Lot 2. Each party agrees that the maintenance of said drainage and parking easements will be the responsibility of the fee owners of the property. However, If the owner door. not properly maintain the easements, the easement holder shall have the right to maintain the easement, with the cost to be borne by the owner. Said property Is vacant an unimproved land and does not adjoin the homestead of the grantor. TOGETHER, with all the tenements, hereditamonts and appurtenances thernto belongingg or in anywise apppertaining. TO HAVE AND TO HOLD, the same In fee simple forever. AND the grantor herebby covenants with said grantee that the grantor is 1awful]t• seized of said land in fee silple: that the grantor has good right and ],awful authority gC sell and convey saitl land and hereby warrants trio title to seta land and will rlefeqd the some against the jawful claims of all persons whomsoever: and that said land is free of all onciun rances, except taxes nrrruing subsegrrnnt to Oeremhnr 31 1995. IN W17119SS WpEREOF, the sold grantor has signed and sonlnd those presents the dny and yp:ir first above written. Signed, sealed and delivered to the presence of Ist w ons, pr ntoo s gna oro o w no" n w ness printed s gna ure at n witness Henry A. Fisphot STATE OF FLORIDA COUNTY OF iNn1AN RIVER The foregoing instrument was acknowledged before me on this date, by Melly A. Fischer, who is personally known to me. WITNESS my hand and official seal in the State and County last aforesaid this day of November, 1995. Notary's Printed Name Notary Public My Commission Expires: (Notary Sea)) EXHIBIT A DES.CRI UON All Ihat part of the Northwest 1/4 or the Northeast 1/4 of Section 20, Township 31 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Commencing at a point on the South line of said Northwest I/4 of the Northeast 1/4 of Section 20, Township 31 South, Range 39 East, 441.92 feel East from the Southwest corner of said Northwest 1/4 of the Northeast 1/4 of said Section 20; thence run North 146 14'00" West, 30.96 feel to the POINT OF BEGINNINU; said point lying on the North right-of-way of Vicker's Road; thence continue North 14` 14'00" West, 250.00 feet; thence South 75'46'00" West, 60,00 feet; thence South 14"14' 00" East, 234.68 feet; thence South 89°54' 40" East, 61.92 feet to the POINT OF BEOINNINO.