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Home My WebLink About1998 04 14 - ExtensionAMN City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 April 14, 1998 Dr. Henry A. Fischer PO Box 780068 Sebastian, FL 32978-0068 Re: Vickers Grove Preliminary Subdivision Plat Time Extension Dear Dr. Fischer: The City Council, at its April 8, 1998 Regular Meeting, approved a twelve month time extension to April 7, 1999 for Vickers Grove Preliminary Subdivision Plat. If you have any questions, please contact Community Development Director, Bob Massarelli. Sincerely, Kathryn M. O'Halloran City Clerk KOH/sam cc: City Manager Community Development Director Aoft� a Aft� City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 388-8203 ❑ FAX (561) 589-5570 MEMORANDUM DATE: April 6, 1998 TO: The Honorable City Council y FROM: Thomas W. Frame, City Manager'— SUBJECT. Request to Modify Agenda to Add a Request for Subdivision Approval Extension The Attached request was received here in the manager's office after the agenda was submitted to the Clerk's Office for publication It was submitted with a fee on March 24, 1998. The existing preliminary plat approval expires the date of the April 8, 1998. The matter was not brought to my attention for inclusion into the agenda until after the agenda had been closed and published. Inasmuch as the application was submitted in time for inclusion into the agenda and due to an oversight, I would request the City Council to place the item on the agenda. As a matter of information, it should be noted that pursuant to the Land Development Code (Section 20A -16.4.c.2), such requests must be submitted at least 90 days prior to expiration in order to be considered. When I asked Mrs. Jan King about the 90 day requirement, she stated that former City Manage, Joel Koford, had instructed the staff that unless the City gave notice to a developer, the ninety days would not be applicable. I do not necessarily agree with that position, and I am requesting a determination by the City Attorney. In the interim, I am requesting that the matter be placed on the agenda. As soon as a determination has been made, I will inform you accordingly. cc: Valerie F. Settles, City Attorney Robert J. Massarelli, Community Development Director OWN City of Sebastian, Florida Subject: Extension of Preliminary Plat for Agenda No. Vicker's Grove Subdivision Department Origin: Community Development Approved for Submittal by: (RJM) Date Submitted: April 2, 1998 For Agenda of April 8, 1998 Exhibits: March 24, 1998 letter from Dr. Fisher EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY The Vickers Grove Preliminary Subdivision Plat was approved on June 12, 1991 by resolution R-91- 18. On May 18, 1994, the City Council approved a major modification to the preliminary plat. On February 8, 1995, the City Council approved resolution R-95-06 approving the preliminary plat for Vickers Grove Subdivision. Then on March 8, 1995, the Council approved resolution R-95-16 amending the commencement date for Vickers Grove Subdivision. The plat was extended eighteen months by the City Council on October 9, 1996 to April 9,1998. Dr. Henry Fisher has requested an twelve month extension of the Vicker's Grove Subdivision preliminary plat. Construction of the subdivision has started. Ordinance 0-97-39, provides that a preliminary plat may be extended for twelve months by aproval of the City Council. RECOMMENDED ACTION Approve a twelve month extension of the Vicker's Grove Subdivision.. --. Henry A. Fischer, D.D.S. P.O. Box 780068 Sebastian, Florida 32978-0068 - Office Phone: (561) 589x5337 City of Sebastian March 24, 1998 Attn: Bob Masserelli, City Engineer P.O. Box 780127 Sebastian,. FL 32958 Re:. Vicker's Grove Subdivision 12 month extension Dear Mr. Masserelli:. Enclosed is a check in the amount of $877.50 for an extension on Vicker's Grove Subdivision. I am requesting a 12 month. extension for Vicker's Grove Subdivision which will expire on April 8, 1998. The parcel number is Section 17, Township 31 south, range 39 east. The zoning classification is RS -10. The proposed use is a subdivision. Please feel free to call me if you should have any questions. Siinnccerel , Dr. Henry.A. Fischer, D.D.S- AGWAN a AoNk City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 388-8203 ❑ FAX (561) 589-5570 MEMORANDUM DATE: April 6,1998 TO: Valerie F. Settles, City Attorney FROM: Thomas W. Frame, City Manager ' / cam J. SUBJECT: Opinion Regarding Ninety (90) Day Requirement for Filing Renewal for Extensions of Development Approvals The City has received a request for an extension to a preliminary plat which will expire on March 24, 1998. The request for such extension was filed with community Development on March 24, 1998. Unfortunately, I did not find out about the request until the agenda for April 8, 1998 was already published. Under Section 20A -16.4.C.2 of the Sebastian Land Development Code, a request for an extension must be made in writing and filed with the Community Development Department a minimum of ninety (90) days prior to the expiration date. Upon discovering that the request was not filed ninety days in advance of the expiration, I asked Jan King about the timing on such requests. She indicated that Joel Koford, former city manager, had instructed the staff that unless the City advised the developer in advance of the ninety (90) period, the ninety day minimum filing time was not enforceable. I question that position to the extent that it places all the burden on the City and would preclude an enforceable time limit. Due to the current situation and the facts as indicated by staff, it is my intent to request the Council to add this matter to the agenda, however, I would like you as the attorney to render an opinion as to the applicability of the ninety (90) day provision and the need or lack of need to provide prior notice to the developer. cc: The Honorable City Council A014, City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 October 11, 1996 Henry A. Fischer Henry A. Fischer & Sons, Inc. PO Box 780068 Sebastian, FL 32978-0068 RE: Vickers Grove Preliminary Plat Eighteen Month Extension Dear Dr. Fischer: The Sebastian City Council, at its October 9, 1996 Regular Meeting, approved an eighteen month extension for the Vickers Grove Preliminary Plat to expire April 9, 1998. If you have any questions, please do not hesitate to contact me. Sincerely, Kathr 1. O'Halloran, CMC/AAE City Clerk cc: City Manager, Thomas Frame Community Development Director, Bob Massarelli City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: REQUEST FOR EXTENSION ) Agenda Number: CK -222_ OF PRELIMINARY PLAT FOR VICKERS ) GROVE SUBDIVISION ) Dept. Origin: Community Development\v' (RM) Date Submitted: 10/2/96 Approval for Submittal By: ) For Agenda of: 10/9/96 City Manager ! k ) Exhibits: 1. Letter dated 9/20/96 from EXPENDITURE REQUIRED: Henry Fischer & Sons, Inc. 2. Site Map AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: City Council approved the current preliminary plat for Vickers Grove Subdivision by Resolution R-95-16 at its March 8, 1995 meeting. On September 20, 1996 the Community Development Department received a request from Dr. Henry Fischer of Henry Fischer & Sons, Inc. asking for a three-year extension of the plat. The applicable fees for the extension were paid on September 27, 1996. Section 20A -16.4.E of the Land Development Code states that "the city council shall consider the request at a meeting and may extend the prescribed time period up to eighteen (18) months if the applicant presents evidence which demonstrates that the applicant has progressed in food faith toward implementing the preliminary plat." RECOMMENDED ACTION Move to approve an eighteen month extension of the preliminary plat for Vickers Grove Subdivision to expire April 9, 1998. r-►, rHENRY � FISCHER & SONS INCiO. Box 780068 • Sebastian, Florida 32978-0068 7) 589-0159 • FAX: (407) 589-7731 September 20, 1996 Mr. Robert Massarelli City of Sebastian 1225 Main Street Sebastian, Florida 32953 • Site Development • Road & Parking Lot Construction • Storm Drainage • Land Clearing • Fill Hauling & Compaction • Heavy Equipment Rentals SUBJECT: Vickers Grove - Preliminary Plan Extension Dear Mr. Massarelli: We wish to request a preliminary plan extension for the Vickers Grove Subdivision for three years. The length of time needed to complete this project is three years. Thank you. Sincerely, Henry A. Fischer, D.D.S. HAP: sf cc: File City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 11 FAX (407) 589-5570 March 10, 1995 Henry Fischer & Sons P.O. Box 68 Sebastian, Florida 32958 Dear Dr. Fischer: Enclosed is a copy of Resolution No. #-95-16 approving the Vickers Grove preliminary plat which was approved at the Sebastian City Council Regular Meeting on March 8, 1995. If you have any questions regarding this, please give us a call. Sincerely, Kathryn M. O'Halloran, CMC/AAE City Clerk KMO:js enclosure GO City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Approval For Submittal By: City Manager EXPENDITURE REQUIRED: N/A AGENDA NO. Dept. Origin: CM Joel L. Koford 85035 - Date Submitted: 02/27/95 For Agenda Of: 03/08/95 Exhibits: - Resolution R-95-16 AMOUNT BUDGETED: N/A SUMMARY APPROPRIATION REQUIRED: N/A During the Council Meeting of 2/22/95, the Council was informed of a "glitch" in Resolution R-95-06 and authorized the amendment. The attached Resolution R-95-16 amends the appropriate paragraph and requires the applicant to submit the application for final plat review on or before eighteen (18) months beginning February 8, 1995. RECOMMENDATION Approve Resolution R-95-16. AON LAW OFFICES OF POTTER, MCCLELLAND, MARKS & HEALY, P. A. WILLIAM C. POTTER FIRST UNION BANE BUILDING, SUITE 400 CLIFTON A. MCCLELLAND, JR. 700 SOUTH BABCOcx STREET DOUGLAS D. MARES PATRxcx F. HEALY POST OFFICE Box 2523 TxnoTHY M. WD.L1AMs MELBOURNE, FLORIDA 32902-2523 (407) 964-2700 HARRY A. JONES REPLY TO: MELBOURNE FAX: (407) 723.409E Or COUNSEL 200 BREVARD AVENUE COCOA, FLORIDA 32922 (407) 634-5011 February 23, 1995 Mr. Joel L. Koford City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Koford: Please find enclosed the Resolution which amends Resolution 95-06 pertaining to the Vickers Grove Subdivision. Please see that this Resolution is placed on the Council agenda. If you have any questions, please contact me. Respectfully, Clifton A. McClelland, Jr. CAM/tah Enclosures cc: Bruce Cooper