HomeMy WebLinkAbout1997 Memo - Drainage Outfall Thru Private Subdivisions0�
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City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDAm62958
TELEPHONE (561) 589-5490 ❑ FAX (561) 589-6209
101:1kv) IIIINN 91111-M
DATE: December 26,1997
TO: Valerie Settles, City Attorney
FROM: Martha S. Campbell, P.E. City Engineer
SUBJECT: Drainage Outfall Thru Private Subdivisions
There are two related matters here for your review and comment. Please reference the
attached materials:
References
1. Plat Map for Roseland Acres
2. Memorandum Dated 5/20/96 from Richard Votapka RE: Grandeur Ave.
Ditch ROW
3. Plat Survey for Mr. Carter, 1021 Genesee, Lot 9, Roseland Acres
4. Letter Dated 9/17/97 to Martha Campbell from Henry Fischer RE:
Drainage San Sebastian Springs.
A. Matter Regarding Roseland Acres Flow Thru Drainage:
Mr. Carter, a resident of Roseland Acres a private subdivision (1021 Genesee) is requesting the
City to maintain the drainage ditch along his east property line. The City would not normally
maintain drainage in a private subdivision. The department staff recall that this ditch was
installed by the City (date unknown) to relieve a drainage problem in the Highlands. Currently,
ten to fifteen lots drain through this ditch, discharging to the private lake. The adjacent GDC
maps for Genesee Ave (Sebastian Highlands, Unit 13) show that the drainage for these fifteen
lots are supposed to go in the opposite direction to a different outfall. The staff mowed the ditch
approximately 12 months ago, after they received special permission from Mr. Fischer to
maintain the ditch 'only that one time". (We are unable to locate a copy of this letter.)
Settles, December 26, 1997
Outfalls through Private Subdivisions
The plat map dedicates the flow through drainage to the public (Ref 1). 1 am not sure exactly
what this means. Our predecessor's interpretation was that the City could maintain ditches
through these easement (Ref 2), ordering maintenance for the ditch along Grandeur Ave that
was never completed. Neither of the ditches are documented on the GDC Highlands
subdivision maps as outfalls. We are faced with the dilemma of determining if the City has the
responsibility for maintenance of these outfalls. The subdivision property owner (Mr. Fischer)
sent the City a letter (Ref 4) regarding drainage through San Sebastian Springs Subdivision that
included a note regarding the use of Roseland Acres stating that the City had no R/W through
Roseland Acres.
Can (or should) the City maintain the ditches in Roseland Acres for outfalls for
part of Sebastian Highlands, Unit 13 (Genesee Ave. and Grandeur Ave. area)?
Please discuss and advise accordingly.
B. Matter Regarding San Sebastian Springs Drainage Outfall
References
5. Preliminary and Development Plan for San Sebastian Lakes
Subdivision, 2 sheets, dtd 3185
6. San Sebastian Lakes Subdivision Plat Maps, 2 sheets
7. Stormwater Management Plan for San Sebastian Lakes Subdivision,
April 1985
The City has a long standing drainage outfall (Blossom Ditch) from the Highlands that drains
through San Sebastian Lakes (Springs) a private subdivision. The ditch is shown in the
preliminary plat map (Ref 5) and is discussed in the Stormwater Management Plan (Ref 7),
however, the actual recorded plat is silent about the pre-existing drainage outfall. The location
of the ditch is through the middle of a lot, that is vacant, for the time being. This outfall serves
approximately 250 lots and the maintenance of the outfall is extremely important. There is
concern from our Stormwater engineer (John Hill) that the outfall pipes under the roads in the
private subdivision, San Sebastian Lakes, are too small.
The City received a letter from the property owner (Ref 4) stating that he wanted the drainage
through his property to cease. This is not something that can be stopped. Furthermore, it is
believed that there is a right to continue to maintain this outfall for the 250 homes that need it.
Can the property owner now deny the use of the drainage ditch? Can the City
enlarge and/or maintain the ditch and other structures necessary to convey the
drainage? What measures, if any, may be necessary to ensure that the City's
right to use the outfall is not impeded?
Both of these matters are extremely important to resolve and have a position from which to
proceed. Your opinions and actions will be necessary for us to proceed with answering the
demands of Mr. Carter (matter #1) and with responding to Mr. Fischer regarding the
continued use of the Blossom Ditch drainage outfall.
z
Settles, December 26, 1997
Outfalls through Private Subdivisions
If you need any additional information, please let me know. I would like to meet with you to
discuss your findings at your earliest convenience.
Enclosures
cc:
T. Frame, City Manager
ya"n yekv-j'an Jnc .
September 17, 1997
Martha Cambell, P.E.
City Engineer
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re: Dainage San Sebastian Springs
Dear Mrs. Cambell:
P. 0. Box 780068
Sebastian, Florida 32978
Telephone (407) 589-5337
COPY
We have reviewed .the proposed plans for the drainage along
County Road 512 and the long range drainage plans that the
City of Sebastian is currently working to achieve. We are
now requesting that the City of Sebastian cease the use of
this drainage ditch, that flows through San Sebastian Springs,
and direct the County, during the designing of the expansion
of Cunty Road 512, to redirect the storm water onto their
System.
We are concerned about the Health, Safetv and Welfare of
the residents living along the drainage ditch in San Sebastian
Lakes and the River Oaks phases of San Sebastian Springs. The
current drainage system is totally inadequate for all the in-
creased drainage. With recent and future commercial develop-
ment of the Sebastian Lakes Residential Planned Unit develop-
ment, The Blossom Ditch, Laconia Street and the increased
Residential Development of the Sebastian Highlands, the
stormwater that is being directly routed through our Subdivi-
sions Drainage system will greatly increase and severely
overload this system.
We will look forward to working with you on this matter.
Sincerely,
'41,41'43"/ Adq--
Henry A. Fischer
San Sebastian Properties, Inc.
cc:Roger Cain, P.E. _
County Engineer
cc: Jim Davis, P.E.
Public Works Director