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HomeMy WebLinkAbout06191996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECiAL MEETING WEDNESDAY, JUNE 19, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLO~DA PURPOSE: Continuation of' 6/5/96 Quasi-Judicial Hearing for Harbor Point Subdivision Final Plat 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. QUASI-JUDICIAL HEARING Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39): · Mayor Opens Hearing-Outlines Rules · City Attorney reads Ordinance or Resolution (if Applicable) ° Clerk Administers Oath ° Disclosure of Ex-Parte Communication · Staff Presentation · Applicant Presentation - 15 Minutes ° Inquiry of Applicant · Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More ° Inquiry of Proponents · Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More · Inquiry of Opponents · Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More · Closing of Public Informational Period · Staff Response and Summary - 10 Minutes · Applicant's Rebuttal Presentation - 10 Minutes · Board and Staff Inquiry 96.O39 Ao RESOLUTION NO, R-96-45 - Harbor Point Final Plat - Continued fi.om 6/5/96 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF HARBOR POINT SUBDIVISION, A REPLAT OF ALL OF TRACT A, LOTS 1 THOUGH 16 OF BLOCK 510, LOTS 1 THROUGH 26 OF BLOCK 511 AND LOTS 1 THROUGH 21 OF BLOCK 512 AND ALL RIGHTS-OF-WAY BETWEEN SAID LOTS AND BLOCKS AS SHOWN ON PLAT OF SEBASTIAN HIGHLANDS UNIT 16, CONSISTING OF 18.72 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSI-ffP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT AND THE CITY CLERK TO ATTEST; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CiRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 4. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 2 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC NOTICE SPECIAL MEETING CITY COUNCIL CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA The City Council will conduct a Special Meeting on Wednesday, June 19, 1996 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. The purpose of the Special Meeting is for continuance of the June 5, 1996 quasi-judicial hearing on the application for final plat approval for Harbor Point Subdivision. Any person who decides to appeal any decision made by the City Council with respect to any matter considered at this meeting (or hearing) will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is' made, which record includes the testimony and evidence upon which the appeal is to be heard (286. O105 F.S.) In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the city's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTiAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JUNE 19, 1996- 6:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: Continuation of 6/5/96 Quasi-Judicial Hearing for Harbor Point Subdivision Final Plat 1. Mayor Cartwright called the Special Meeting to order at 6:04 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present; Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Richard Taracka Staff Present: City Manager, Thomas Frame City Attorney, Val.erie Settles City Clerk, Kathryn O'Halloran City Planner, Bob Massarelli Deputy City Clerk, Sally Maio City Council Absent: Mr. Raymond Halloran (excused) Special City Council Meeting June 19, 1996 Page Two 4. QUASI-JUDICIAL HE&]~ING Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39): · Mayor Opens Hearing-Outlines Rules · City Attorney reads Ordinance or Resolution (ifApplicable) · Clerk Administers Oath Disclosure of Ex-Parte Communication ° Staff Presentation ° Applicant Presentation - 15 Minutes ° Inquiry of Applicant ° Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More · Inquiry of Proponents · Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents · Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More · Closing of Public Informational Period · Staff Response and Summary - 10 Minutes · Applicant's Rebuttal Presentation - 10 Minutes ° Board and Staff Inquiry 96.039 Ao RESQLUTION NO. R-96-45 - Harbor Point Final Plat - Continued from 6/5/96 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF HARBOR POINT SUBDIVISION, A REPLAT OF ALL OF TRACT A, LOTS 1 THOUGH 16 OF BLOCK 510, LOTS 1 THROUGH 26 OF BLOCK 511 AND LOTS 1 THROUGH 21 OF BLOCK 512 AND ALL RIGHTS-OF-WAY BETWEEN SAID LOTS AND BLOCKS AS SHOWN ON PLAT OF SEBASTIAN HiGHLANDS UNIT 16, CONSISTING OF 18.72 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT AND THE CiTY CLERK TO ATTEST; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Special City Council Meeting June 19, 1996 Page Three Mayor Cartwright stated the purpose of the meeting and called the quasi-judicial hearing to order at 6:05 p.m. The City Clerk read Resolution No. R-96-45 by title only and administered an oath to all who intended to offer testimony. Vice Mayor Barnes disclosed he had visited the site and spoken with John King. The City Planner gave a brief presentation and entered two revised pages of the final plat and his staff report with attachments into the record, which he reported, had been submitted to the applicant (see attached). He stated that, although his report recommends a sod bond be posted at this time to cover the cost of sodding should hydro-seeding fail, he was now recommending that when stormwater is turned over to the City in approximately 30 days the bond be required. He also noted that the contract required in Section 20A-16.4.F.(e)(i) of the LDC, in the event the contractor elects to construct required improvements at, er recording the final plat, is not available. The City Planner then discussed the applicant's request to have the City accept the dedication of the stormwater tract, referring to applicant letter (attachment 6), City engineering consultants' letters (attachments 7 and 8), former City Manager correspondence (attachments 9 and 10), GDC settlement agreement (attachment 12), and P & Z minutes (attachment 13). The City Planner concluded that the final plat meets the requirements of the preliminary plat and LDC, except the contract for improvements and a decision on the dedication of the stormwater tract and drainage easements. He recommended approval with the condition of entering into an agreement with the developer for the required improvements, sidewalks and grass in swales to be completed after plat approval. The City Attorney, recommended the applicant provide the required contract and she would review it. Special City Council Meeting June 19, 1996 Page Four Randy Mosby, Mosby and Associates, Inc., argued that the required $2,880.90 bond for the improvements had been submitted to City Hall, which, in his opinion, constitutes a legal contract, and that the contract required by 20A-16.4.F.(e)(i) should not hold up approval of the final plat. He further stated that hydro-seeding was acceptable to St. Johns River Water Management District and that acceptance of maintenance of drainage by the city was reviewed by former staff, Council, consultants and P & Z previously and had been agreed to. The City Planner noted that there is no problem with hydro-seeding, but that the preliminary plat had required ~. ~ 6{. Mr. Taracka suggested a time extension for installation of sidewalks to accommodate construction. The City Planner said this could be spelled out in the agreement. John King, Century 21, addressed City Council relative to construction of sidewalks at a later time by the developer. Mr. Mosby stated it is the intention of the developer to construct the sidewalks. Mayor Cartwright closed the public input portion of the hearing, at 6:47 p.m. Mayor Cartwright suggested two amendments to Resolution No. R-96-45 as follows: "The City and the developer will enter into an agreement for the required improvements; sidewalk and grass in swales which are to be completed atter the approval of the final plat and executed on behalf of the City by the City Manager." There were no objections. "The City does not accept the dedication of the stormwater and drainage management tracts but does reserve the right to review this subdivision for acceptance in the future." Mrs. Damp disagreed. TAPE I - SIDE II (6:51 p.m.) 4 Special City Council Meeting June 19, 1996 Page Five The City Manager reiterated the requirement in Section 20A-10.2.H. 11.a.(v) of the LDC regarding maintenance of stormwater tracts by the owner unless the city accepts it, and stated that acceptance or non-acceptance is a policy decision by Council. He pointed out that Craven Thompson and Masteller and Moler had recommended that the city not accept maintenance at this time, but perhaps in the future when a city stormwater plan is in place. Vice Mayor Barnes and Mr. Taracka concurred with Mayor Cartwright's second amendment. Randy Mosby argued that the preliminary plat was approved with acceptance by the city. The City Planner gave a copy of Masteller and Moler's June 19, 1996 letter to Mr. Mosby (attachment 7 - written by Devon Rushnell). John King stated that Harbor Point was built specifically for the stormwater to be dedicated to the city in light of discussions held with former City Manager, Joel Koford. The City Manager went on to say there seems to have been some inconsistency on the part of the City in its previous dealings with the applicant on this project relative to maintenance responsibilities. He cited attachments 8, 9 and 11. Mayor Cartwright cited attachment 10, January 24, 1996 memo from the former City Manager, which she stated implied that the city had not agreed to accept maintenance. John King stated that the former City Manager had asked for Tract A as part of City maintenance, that at subsequent meetings it was always stated that it was the developers' intention to have the City accept maintenance and that the current design based on that request had been approved by St. Johns. Vice Mayor Barnes recommended that due to mixed signals from former city management it was best to accept maintenance for this project, but in the future, decisions be based on the recommendation of the engineering consultant. Mayor Cartwright withdrew her second recommended amendment based on Mr. Barnes' statement. 5 Special City Council Meeting June 19, 1996 Page Six The City Planner recommended that City Council make it very clear what the conditions of acceptance will be. MOTION by Cartwright/Taracka I move to now adopt Resolution No. R-96-45 with the one amendment to Section 2. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - absent Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 Mayor Cartwright recommended that 48 hours notice be given the next time a special meeting is called. A gentleman from the audience requested to speak and began to recommend Dave Puscher for Police Chief, however, Mayor Cartwdght recommended he speak to the City Manager. Mayor Cartwright adjourned the Special Meeting at 7:25 p.m. Approved at the ~&~ c>2t'-it , 1996, Regular City Council Meeting. Lbuise R. Cartwright c/ City Clerk 6 Final Plat Approval Staff Report Project Name: Harbor Point Subdivision Requested Action: The applicant requests approval of fir" cash bonds. Project Location a. Address: b. Legal: All of tract "A", Lots 1 through 16 (, of Block 511 and Lots 1 through 21 of Bic between said lots and blocks as shown ,~ .~iSCnd 1 through 26 all right-of-ways plat of Sebastian Highlands Unit 16 as recorded in Plat Book 8, at pages 45, 45A through 45J of the Public Records of Indian River County, Florida. Said lands situate, lying and being in the City of Sebastian, indian River County, Florida, containing 18.72 acres, more or less. c. Indian River County Parcel Number: 4. Project Owner: H. D. Adams Enterprises, Inc. 5. Project Agent: John King 6. Project Engineer: Mosby & Associates 7. Project Attorney: 8. Project Description a. Narrative of proposed action: On May 22 1996, H. D. Adams Enterprises, Inc. applied for final plat approval for the Harbor Point Subdivision (attachment #1). This is a replat of a portion of Unit 16 in the Sebastian Highlands (Blocks 510, 511, and 512) and is located east of the Chesser's Gap PUD. On March 13, 1996, the City Council approved Resolution R-95-25 approving the preliminary plat for the Harbor Point Subdivision, with conditions (attachment #2). Those conditions were: 1. The developer will provide underground utilities, except along Fleming Street. 2. The developer will provide individual street lighting as proposed by the developer's representatives, with the exception that a street light specifically be placed at the end of Harbor Point Drive, where it terminates with a cul-de-sac and that a street light will be placed at the intersection of Fleming Street and Harbor Point Drive. 3. The developer will construct sidewalks on the west side of Fleming Street, as required in Section 20A-17.1 (k). sac. The developer will install safety signs at the end of the Fleming Street cul-de- The Land Development Code requires the recommendation from both the City Attorney and City Engineer. The code requires such recommendation within thirty days. A copy of the final plat was transmitted to the City Attorney on May..24, 1996. On May 23, 1996, a copy of the final plat was sent to Masteller and Moler at~d the city engineer was requested to provide a estimate of the fees for the review of the project. On June 4, 1996 a requisition was prepared and was approved by the City Manager for the City Engineer's review. The city engineer's comments were received on June 4, 1996 (attachment #3), and the city attorney comments were .received on June 18, 1996 (attachment #4). The applicant has responded to those comments as well as those of the staff (attachment #5). b. Current Zoning: RS-10 c. Adjacent Properties Zoning Current Land Use Future Land Use North: RS-10 Vacant/Residential Residential East: RS-10 Vacant Residential South: RS-10 Vacant/Residential Residential West: PU D-C Vacant/Commercial Commercial d. Site Characteristics (1) Total Acreage: 18.72 acres (2) Current Land Use(s): residential (3) Soil: Immokalee fine sand, OIdsmar fine sand (4) Vegetation: site has been graded and essentially cleared (5) Flood Hazard: Zone X (6) Water Service: none 10. (7) (8) (9) Sanitary Sewer Service: none Parks: Police/Fire: City of Sebastian Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: The replat will result in few lots reducing traffic impact. The replat is inconsistent with Policy 2-1.2.1: Traffic Circulation Map. The map shows the extension of Vocelle'Avenue as a collector to the east. The replat is consistent with Policy 2-1.2.2: Standards for road right-of- way acquisition. Fleming has a 80' right-of-way and Harbor Point Drive has a 60' right-of-way. The replat is inCOnsistent with Policy 2.1.3.4: Other Potential Local and Collector Roadway Improvements to be Evaluated. That policy provides that Vocelle should be extended east to the Easy Street extension. c. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent Contents of Final Plat: a. Name of Subdivision: OK b. Title block: OK c. Legal description: OK d. Index sheet: OK e. Require Survey Data: I. scale: OK ii. no~h arrow, bearing or azimuth: OK iii. vi. vii. viii. ix. point of beginning: not needed 25" radius at intersections: OK adjoining property: OK permanent reference monuments: OK space reserved for use by clerk of the circuit court: mathematically close within 0.01 foot: OK vicinity sketch: OK OK Lot and Block identification: The Land Development Code requires the numbering to start at the northwest corner of each block in the subdivision. Numbering began near the south west corner. That is the way it was approved in the preliminary plat. Street Names: OK Not-included parcels: none Right-of-ways and easements: Shown and described Restrictions, reservations and restrictive covenants: Noted on plat, copies received 6/5/96. Private street and related facilities: None Certification and approvals: i. dedications: The plat includes three dedications. 1. Utility easements: Utility easements as shown are dedicated in perpetuity to the City of Sebastian, Florida, for construction, installation, maintenance and operation of utilities by any provider, including cable television services, in compliance with such ordinances and regulations as may be adopted from time to time by the City Council, City of Sebastian, Indian River County, Florida. Approved driveways may cross these easements where they abut road right-of-ways. 2. Drainage easements and stormwater management tract, as shown re dedicated in perpetuity for construction and maintenance of drainage facilities and shall be the perpetual maintenance obligation of the City of Sebastian. 3. Street right-of-ways, as shown are dedicated in perpetuity for construction and maintenance of the streets and shall be the 11. 12. 13. 14. perpetual maintenance obligation of the City of Sebastian, Florida. ii. mortgagee's consent and approval: Title block states no mortgages recorded. iii. certification of surveyor: Signature not included. iv. city engineer: Included. v. city attorney: Included. vi. mayor and city clerk: Included. .~.', vii. certification of title: Included. viii. instrument prepared by: Included. m. Existing or recorded streets: Included. Timing of improvements and/or posting of surety: The streets have been installed and meet or exceed the requirements of the approved preliminary plat, The stormwater management facilities have been installed as required by the preliminary plat. The required street signs have been installed. The required street lights have not been installed yet, but have been ordered from Florida Power and Light. The applicant has indicated that the required sidewalk will be constructed after the final plat has been approved. The applicant will post a bond for that required work, The estimated cost of the sidewalk is $2,619. The required bond is $2,880.90 The preliminary plat stated that the swales will be sodded. The applicant has hydro-seeded the swale. In order to assure that the swales are properly vegetated it is recommended that a bond be posted to cover the cost of sod if the grass seeding fails. The recommended bond is $5,339. (37,336 sq. ft. of sod at $. 13 per sq. ft. times 110 percent). Schedule of development phases: NA Time restriction on development: NA Submission of final plat: 15. 16. 17. statement indicating when improvements will be made: All improvements are complete except for the sidewalks (see 11 above). b. fee paid: Yes. c. check for recording plat with the clerk of the circuit court: Not included. d. copy of homeowner's association or condominium documents: Provided June 5, 1996. e. construction of improvements after approval: * contract: Not Included. guarantees: Provided City Engineer's review: attached City Attorney's review: attached Other Matters: Section 20A-10.2. H.11.a.(v) of the Land Development Code states: "Maintenance recommendations. Any surface water management improvements required by this code shall be maintained by the owner, successor owners, or an entity designated by the owner, except that the city engineer may recommend that the city council accept certain drainage facilities or systems for city maintenance. The selection of critical areas or structures to be maintained by the city shall be recommended to the city council by the city engineer. All areas or structures to be maintained by the city must be dedicated to the city by plat or separate instrument and expressly accepted by the city council. For any system which is to be maintained by applicant or entity succeeding in ownership other than the city, easements shall be established which permit the city to inspect and if necessary, as determined by the city, to take corrective action should the entity fail to properly maintain the system. Such easements shall also establish a right of entry as may be necessary for special purposes as directed by state law or as may be duly determined by the city. Should the applicant or entity succeeding in ownership fail to properly maintain a system as required, the city engineer shall give the applicant or entity succeeding in ownership written notice of the nature of the corrective action necessary. Should the applicant or entity succeeding in ownership fail, within thirty (30) days from the date of the notice to take, or commence taking, corrective action to the satisfaction of the city engineer, the city may enter upon lands, take corrective action and the cost of such corrective action shall become a lien on the property benefited. The applicant has indicated on the plat the intention to dedicate the stormwater management tract and the drainage easements will be dedicated to the City of Sebastian. Except for an earlier version of the final plat, the applicant has been consistent in that position (see attachment #6 for example). The city engineer's recommendation is attached (attachment #7). The city's drainage consultants recommendation is attached (attachment #8). It is not clear what the city may have indicated to the applicant as to weather or not the city would accept the dedication of the drainage and stormwater management system. Attached is a letter (attachment #9) and a memo (attachment #10) from Mr. Koford concerning this matter. This was in response to a letter from Mr. John King (attachment #11). .', Another factor is the significance of the settlement agreement between the City and General Development Corporation. In that agreement it states and it is restated in an agreement entitled "Agreement as to future construction of units 16 and 17 (attachment #12) that "... however, if in connection with the development of any prior plat, the applicable governmental agency requires that any parcel of land within the prior plat be used for drainage purposes and such parcel has not already, been designated for such purposes, GDC will convey such parcel to the City upon the condition that the city will assume maintenance and operation with respect to such parcel upon such conveyance." There are two key points. The first is that this applies to "prior plat" which is defined as Unit 16, Unit 17, or any other plat already approved by the city. The second point is the transfer to the city is conditional. If it was the intent that the city had to accept the dedication, the agreement would have stated that the city will assume the obligation. Attached (#13) is the transcript from the 2/15/96 Planning and Zoning Board Meeting where this item was discussed. At the top of page 7, Mr. Koford clearly qualifies the dedication, "if the city accepts it". 18. Analysis: The inconsistencies with the traffic circulation element of the comprehensive plan are addressed in the fact that Fleming rather than Vocelle Avenue will be extend to the east. Therefore the intent of the comprehensive plan is met, The final plat meets or exceeds most of the requirements of the preliminary plat or land development code. Those outstanding issues can be addressed a s a condition to the approval of the final plat. 19. Conclusion: The final plat has met the requirements of the preliminary plat and the land development code except for two issues, An agreement is necessary to allow the required improvements which are to be bonded. The second issue is that of the dedication of the drainage and stormwater management tract. The acceptance of that dedication is a policy issue of the council. 20. 21. Recommendation: Approval of the final plat with the following condition: entering into an agreement between the city and the developer for the required improvements (sidewalk and grass in swales) which are to be completed after the approval of the final plat. List of Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 11. 12. 13. Application Resolution approving preliminary plat 3/13/96 city engineer's comments 6/4/96 city attorney's comments 6/18/96 staff comments 6/10/96 January 22, 1996 letter from Mr, Mosby to Ms. Jan King city engineer's recommendation Craven Thompson & Associates, Inc. memo 1/14/96 Mr. Joel Koford letter to Mr. John King 12/11/95 Mr. Joel Koford memo to Ms. Jan King 1/24/96 Mr. John King letter to Mr. Koford 12/6/96 Agreement as to future construction of Units 16 and 17 Planning and Zoning Meeting of 2/15/96 Itl .$r..RAST~AN, FL. 329~8 TEL~HIOX£ I: '~9-~330 OvMr ~{.]), ~dama I~n~arpr~aela, ]:nc. Address 1676 U.S. livy ii SebneCt~llt I"l Subdlvtnloe Name Section 31 Project Surveyor Project £n~tnear Zonln$ CZaaaJ. Zlca clon Tovnahl_p .Tames A. ~nwler Mosby & Aseg~.c../~.aeea ,._~=..~_... Date o~ Approval Phons I 4()7-3~H-2751 329~ 39 18 Ransa .--.-... ~lo~ldm ~tnte I 3635 , Florida S~ata I 22326 Section 20A-16.4 (C) i--nd Oevelopsmsnc Code end the 1. Fee og $2.'K).00 Inad~..payable Co the C~ty of Sebastian. 2. Four (&) prints..end tt,o (2) reproducib~a mysore. ~. Check made payable r.o the Clerk of the Clrcu~t Cout~ 0£ Indian River [or recordLn8 the p~ac Ln :he amount established by thet. o£~ice. 4~ Copy 0£ Xom~owner'. Asaocteclon or CondLu~Lnlua Document, ~£ applicable. plaK, dnveZoper aunt aubai: contract (triplicate) and Sunrancees of ~10 percent of ehe amount. Section 20A-16.3 §. Restrictive covenants, 1[ appllcabla. RESOLUTION NO. R-96-25 A RESOLUTION OF THE CiT~Z OF SEBA~STIA~, COUNTY , FLORIDA , P EZ~TA~ING TO A "',~'.:,/, ~'. '% / I , 7. ; . '~ _,_~ ~ 1,~,-//'.2.... .. . I~NDIAN Ri-VE:R "'.,, '-' SUBDIVTSiON PLAT; APPROVI_,NG A PRELZ~II~NAR~ '~', SUBD!~TTSION PLAT FOR F~BOE ~OI~T; CONDITIONS FOR SDC~ A~PROV~L; PROVTD I~G E~ IRATION DATE; PROVIDING FOR REPEAL OF Rv-SOLDT!ONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVTDI~NG FOR SE~n~RABILITY; AND 1995, applied for approval of a pre!imina~y '~'la~ for and ~~, tke Ci=v..~taff, ~nciudin~. the Cit? ,c~asui~in.:~ ccmiitions; and oubi/c, hearing and received ~ub~_ic tr.~u~ an t~.e ~-=t"---+m~--- p~a~ for ~arbcc Po~n~ on ~bruary i5, L996; and ~Lanning and Zoning Co~issioa recommended approval of co~di~o~s; an,i ~eqomme~.~a~oas aad commenns of th,~ Piaanin,F and Zoning Comm/ss~oa and the C~'; s~a ' , .... "' '- Section 4. CONFLICT. Ali .~.=~-'~iur. ac)ns.~_ or .~ar--~ of resoluzions in coal!~,-? herewich ar.~ hereby ....... = ~. Section 5. SEVERABILITY i' the .'=,-~' ccmgecenc jurisd.Lcc~lon shall ho?d cr determine chac any perm - Re~o~uc/,.)n ,~ ~nvai~_d c~' unconscicu:L)na: the s~ai! be ~resumed ~hag zhe C~r.v Counc±i of the City of Seba~{z~_aa dld no, _~.a-..(- to eaacz such in'.za~!~.: or uncc, nsuiZu~ional ~.~ov-_~ion. ,i~ ghai~ ,-'urr. her be assumed Reso.','uuioa wluhou~ said invalid and,-...u '~ ..... ._,n~i~utiona,~~ ' force and effect. Section EFFECT!~TE DAT~. This Resolution shall Counc ilmember the vote was as follows: CouncilmemDer Nocma j. CcuncL!memb~r Louise Car~w~-igh~ and, upon being MASTELLER & MOLER, INC. CONSULTING EN(~INEEr~$ - June 4, 1996 Mr. Bob .Massarelli City Planner City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: ' Review of Final Plat Harbor Point Subdivision '-"" :'Sebastian, FlOrida MM Project No. 9505FE Dear Mr. Massarelli:: We are in receipt of Ms. Bosworth's letter of May 23, 1996, requesting our office to review the final plat for the subject project. A corresponding.letter of fee estimate was furnished to your office on June 3,1996, and we understand that a purchase order is forthcOming. The letter of May 23, 1996 referenced our review~ services relative to Section. 20A-16.4 F.I.b of the Land Development Code. One point of clarity we wish to. note is that Section 20A-16.4 F. 1.b. refers to the final plat meeting "... the provisions of ttfis ordinance ..." which, therefore,/nvolves Section 20A-16.4. C of the Land Development Code and Chapter 177 of the Florida Statutes for our review services. Given this background and understand we offer the following comments relative to this project Comment ~ 1 - Please provide a graphic scale on the plat in the event the.plat is reproduced at ~t different scale [Section. 20A-16.4 (C)(4) (e)(i)]. Comment # 2 - Please identify all adjoining property by subdivision rifle, ptat book and page or'by the designation unplatted, [Sect/on 20A-16.4(C)(4)(e)(v)]. Comment # 3 - Please move the vicinity sketch to page 1 of 2 of the plat as per Section 20A- 16.4(C)(4)(e)(ix), Comment ~ 4 - For consistence purposes with other portions of the City, please provide a lot numbering scheme starting at the northwestern comer of the parcel as per Section 20A-16.4(C)(4)(f). 1623 N. U.S. Highway 1, Suite B2 Sebastian, FI.; 32958 (407) 589-4800 (407) 589-2742 Fax 7380 Murrell Road, Suite 106 Melbourne, Florida 32940 (407) 255-1175 (407) 2.,.~-4.439 Fax Mr. Bob Massam[li June 4, 1996 Page 2 Comment ~ 5 - A copy of the restrictive convenants should be provided to the City along with the final plat submission as per Section 20A-16.4(C)(4)(j). Comment i~ 6 - The certification of surveyor shall include all elements listed in Section 20A-16.4(C)(1)(iii) - i.e. statements of PRM and conformance with the City of Sebastian Land Development Code etc. Comment # 7 - The site developer should prepare a statement as to the timing of improvements and/or post surety for the improvemeni/g, as per Section 20A- 16.4(C)(5). Comment ~ 8 - The developer should be advised that a 18-month time restriction on development, as per Section 20A-16.4(E). Comment # 9 - Please-v'eh~ the location of the PRM set between the rear of lots 11 and 12. If correct, provide bearing and distance or curve data information from said PRM to lot 11, Chapter 177, Florida Statutes, Part I, 177.091(7). In addition, we suggest that the platting surveyor review the need for an arc length of less than 3 inches along the north portion of lot 8, ~ven that it unnecessarily complicates construction slake-out and future lot surveys. We appreciate the oppommity to continue to serve as your consulting engineer. If there are any questions or comments, please do not hesitate to contact our office. Sincerely,/'x,, MASTELLER,& MOLER, h-NC, De , P.E. Vice President DSPUsc File mm # 4223doc TO: FROM: DATE: RE: MEMORANDUM Bob Massarelli Valerie Settles June 13, 1996 Harbor Point Plat Received City Manager's Oifice ,.,t.,~/ AS we discussed, my comments concerning the form of the Harbor Point Plat are as follows: .'. 1. The notary certificate needs to be changed to reflect the changes to the statute governing the same. A proper form is attached. 2. There is no provision for the Mayor's signature and acknowledgement of acceptance of the dedication. 3. The City Attorney's certificate should approve the form, not the substance. The City Clerk should attest to the Mayor's signature approving the plat. 4. The certificate of title should be notarized. If you have any questions, please do not hesitate to call. Subscribed and sworn to before me by , and by each of the above witnesses, this day of 1996. Each person is personall~ known to me or~ if not, produced as identification. NOTARY PUBLIC Print name: My commission expires: [8] City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 June 10, 1996 Mr. John King Century 21 Realty King 1676 U.S. Highway #1 Sebastian, Florida 32958 Reference: Harbor Point Subdivision Final Plat Dear Mr. King, Attached is a ,,punchlist" of remaining requirements needed for the final plat for the above referenced project. These requirements must be addressed before the final plat will be brought before City Council. If you have any questions regarding this list, please feel free to contact me. I can be reached at 589-5537. Sincerely, Robert J~ Ma~-~arelli City Planner cc: Mr. Randy Mosby Mr. Harold Adams Mr. James Fowler Mr. Thomas Frame /db Final Plat Punchlist Harbor Point Subdivision Legal description (section Development Code (LDC)): been corrected. 20A-16.4.C.4.c., City of Sebastian's Land The original submission was incorrect; that has o Point of beginning (section 20A-16.4.C.4.e.iii., LDC): The point of beginning is missing. If it is not required by Ftorida Statutes in this case, please have surveyor so certify. Required survey data (section 20A-16.4.C.4.e., LDC): The final plat does not show the length of all arcs together with central angj,es, radii, and points of curvature. The final plat does not provided data t°. positively describe the boundaries of each lot. The description of the northern end of the rear lot line of lot #12 is missing. The length of the rear lot line of lot #20 is missing. The length of the western lot line of Tract A should be included. The description of the eastern end of the Fteming Road R/W should be given. The honzontal controls provided in the preliminary plat, Horizontal Control, Sheet 3 of 5, dated 1/19/96, are in a format that is clearer and easier understood by a layman. Lot and Block identification (section 20A-16.4.C.4.f., LDC): Incorrect numbering; code ~equires the numbering to start at the northwest comer of each block in the subdivision. Numbering began near the south west comer. Due to the fact that the preliminary plat was approved with the numbering system st~own, the lots do not have to be renumbered. 5. Right-of-ways and easements (section 20A-16.4.C.4.i., LDC): The plat states no construction, trees, or sc, ubs will be placed in easements without city approval. Code requires no building or any kind of construction or trees or scruDs shall be placed on easements. The final plat does not agree with the approved preliminary plat. The final plat states as a note that there is a 20' wide drainage and maintenance access easement on the rear of all lots. Access to this easement is not provided in lots #21, ¢¢22, #23, or #24. The need for a 20' drainage and maintenance easement on the rear lot line of lot #20 (a tine labeled east with an unknown distance) is not ctear~ There is no drainage and maintenance easement to access Ha~or Waterway from lots #20 and #21. The rear lot line for lot #9 fronts the stormwater management tract. No drainage and maintenance easement exist for that portion of Collier Waterway fronting lot #9. As indicated for lots 2.1 through 24, There is no access to the drainage and maintenance easement on tots #3, #-4, #5, #6, #7, #8, and #9. Only four other drainage and utility easements are shown - the north side of lot #3, the south side of lot #-4, the north side of lot #5 and the south side of lot #6. The final plat states that there is a 7'.5' wide utility easement on all side lots, except as noted. This utility easement could not be used to provide access to the maintenance easements. The final plat also refers to a 10' wide utility easement on the front (road R/W) of ail lots. The approved preliminary plat, as identified on Sheet 3 of 5, date 1/19/96, includes a 20' wide utility, drainage and maintenance easement on all lot lines which abut a waterway or the stormwater tract "A" as well as the west lot lines of lots #24, #1, and #3. The final plat should reflect the utility, drainage and maintenance easement as approved in the preliminary plat. If there are any revisions, please note those and justification why. Please explain the inclusion of a 20' drainage and utility easement on the north side of tot #3 and the south side of lot #.4. Please explain the inclusion of a 10' wide utility easement on the front (road R/W) of all lots. Dedications (section 20A-16.4.C.4.1.i., LDC):: The final plat does not include a dedication of the public street rights-of-ways. The following information is required for acceptance of the streets and right-of- way: Certification as to the type of asphaltic concrete surface course used. The information provided on sheet 5 of 5, details, dated 1-19-96 of the preliminary plat indicates that both type S-1 and Type II will be used. Certification that a state certified asphalt batch was used in accordance with section 320 of the standard specifications. c. Provide copies of the delivery tickets as required by section 3:20-2.1.2. Completed thickness of the asphaltic concrete surface course (minimum 1.5 inches thick). The frequency of the testing shall be a minimum of every 80 meters. Certification that the pdme and tack coat was in accordance with section 300. Certification that the asphaltic concrete surface course was applied in accordance with sections 320, 330, 331 (Section 332 if type II is used). The results of the base compaction tests and the subgrade compaction retests. The certificate of dedication shown sheet 1 of 2, states that the "2. drainage easements & stormwater management tract: drainage easements & stormwater tract, as shown are dedicated in perpetuity for construction and maintenance of drainage facilities and shall be the perpetual maintenance obligation of the individual property owners." On June 4, 1996, I received a phone call from a citizen inquiring about the dedication of Tract A. I did not have the final with me':.iat that time. t returned the call at approximately 1:30 P.M. The person was surprised and seem upset that it was the individual property owner's responsibility. Shortly thereafter, I talk with Mr. John King, to notify him of my conversation. It was at that time that I was informed by Mr. King that the dedication was wrong and that it will be dedicated to the city. I informed him that has a significant impact on my review of the project and a lot of additional materials will be required. The drainage and stormwater management system has three components - the drainage associated with the streets, the individual lot drainage, and tract A, the stormwater management tract. In reviewing the history of this project, it is confusing to me what the City indicated as to what responsibilities it was going to accept. The engineer for Harbor Point made it very clear that it was their intention that the entire system was going to be turned over to the City. On the other hand, Mr. Kolford, the then City Manager, made a distinction between the portions of the project that were for "private" drainage and "public" drainage. He also repeated qualifying statements by saying "If the City accepts it." I also have found a memo from one of the City's consultants indicating that this was an open item to be resolved at a policy level. The memo further recommends that the City minimize maintenance obligations wherever possible. I would like to resolve this matter or at least narrow the items that must be determined at a policy level to a minimum. I believe that one area that can be quickly resolved is the responsibility of the street drainage maintenance. Tract A may be more difficult. For those portions that the city does except responsibility for the following information is required: a4 A copy of as built drawings far all of the stormwater management facilities of the project including those in tract A, the swales and ail culverts. Compaction test on the maintenance road as shown on the retention pond section on Sheet 5 of 5, dated 1-19-96, of the preliminary plat. Please identify the location of the retention pond's maintenance road. On first impression, the road appears to be located on the 20' wide utility, drainage and maintenance access easement across the rear of the lots adjacent to tract A. However, closer examination suggests that when you add the individual distance shown, the maintenance road is within tract A. But the fact that one of the slopes given is a 6 to 1 slope in an area where there is 2 foot drop in 8 feet suggests that the maintenance road is located on both tract A and the adjacent easement. Certification that the facilities conform to the paving grading and drainage plan as approved on Sheet 4 of 5, dated 1-19-96, of the preliminary plat. Copies of the St. Johns River Water Manager~'~nt District's Construction Commencement Notice Form No. 40C-4.900(3) as required by SL Johns River Water Management District's permit #40-061-O091-ERP condition #8. Copies of the St. johns River Water Management District's As Built Certification Form 40C-1.181(13) or 40C-1.181(14) as required by SI. Johns River. Water Management District's permit ~,O-061-O091-ERP condition #10. A statement as to the proposed timing of the transfer of by St. Johns River Water Management District's permit #-40-061-O091-ERP to the city. Condition #11 of St. Johns River Water Management Oistdcfs permit #-40-061 -O091-ERP states: "11. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition No. 9 above, the District determines the system to be in compliance with the permitted plans, and the entity approved by the Distdct in accordance with subsections 7.1.1 through 7.1.4 of the Applicants Handbook: management and S[orage of Surface Waters, accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective .... " The City's LDC does not take into account where the improvements may have been completed before approval of the final plat but have not entered into the "operational phase" as defined by the SL Johns River Water Management District. It is recommended that an agreement be developed which describes what facilities the City will assume responsibility for and under what conditions they will be transferred to the City. Such an agreement will allow the developer to meet his permit conditions and the City can insure that the improvements will meet code requirements. Several letters have been previously prcvided to and from the SL Johns River Water Management Oistnct concerning SI. Johns River Water Management District's permit #.40-061-0091-E~RP. Is there any other correspondence concerning this project with the District, the Flodda Department of Environmental Protection or the U. S. Army Corps of Engineers. If so, please provicte copies of that correspondence. 10. 11. 12. 13. 14. Certification of surveyor (section 20A-16.4.C.4.1.iii., LDC): Signature not included. The certification does not state that permanent reference monuments have been set in compliance with this ordinance and Chapter 17'7, Fiodda Statutes, and that the permanent control points will be set within one year. Instrument prepared by (section 20A-16.4.C.4.l.viii., LDC): The Incorrect form has been used. Existing or recorded streets (section 20A-16.4. C.4.m,"LDC): The plat does not show the name, location and width cf all existing or recorded streets, intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearing and distances. A statement indicating whether the required improvements are to be constructed pdor to the recording 'of the plat or after recording of the plat has not been included (section 20A-16.4.F(a), LDC). A check made payable to the clerk of the circuit court of Indian River County for recording the plat in the amount established by that office has not been included (section 20A-16.4. F(c), LDC). How this requirement can be meet can be discussed further. City Engineeds review (section 20A-16.4.F.1, LDC): attached City Attomey's review: (section 20A-16.4.F.1, LDC): No comments have been received to date. Such comments will be forward when they are received. Deficiency (section 20A-16.4.F.1.a, LDC): On sheet 1 of 2, notice, items 2 and 3 it is not clear what denotes a permanent reference monuments set or permanent control point set. MASTELLER & MOLER, INC. - CONSULi~N~ ~-N~NES[~S ~ June 4, 1996 Nb-. Bob Massaretli City Planner City of Sebasnan 1225 Main Street Sebastiam Florida _32958 Rev/ow ofF[nat Plat Harbor Point Subdivision Sebastian, Flor/da ~ PrOject No. 9505FE Dear Mr. Massarelli: We are in receipt of Ms. Bosworrh's terser of May 2.3, 1996, requesting our or, ce to review r_he ffmal plat for zhe subje~ prolog. A corresponding leper of fee estimate was bern[shed to your office on June 3,1996, and we understand that a purchase order is tbrthcoming. -Fao terror of May 25, [996 re,%rented our rev/ow services re!adve to Section 20A-t6.4 F. 1.b of the Land Development Code. One point of clarixy we w/sh to note is aaa[ Section 20A-[6.4 F. 1.b. refe~ to the final ptar meeUng :-' the provisions of rkis or,nar[ce ..," wt'fictX therefore, involves Se~-xion 20A-16.4, C of the Land Development Code and Chapmr 177 of the Florida Statures ~br our review services. Given finis background and understand we offer the following comments relative to this project Comment -'- [ - Please provide a graphic scale on the ptar in the event the plat is reproduced at a d/fferent scale [Secnon 20A-[6.a (C)(4) (e)(i)]. Comment ~ 2 - Please identify, ail adjo/mng property, by subdivision ride, plat book and page or by the designation unplarted, [Section 20A-16.4(C)(4)(e)(v)]. Comment = .~ - Please move the vicinity sketch to page [ of 2 of the pier a.s per Section 20A- t 6.4(C)(4)(e)(ix). Comment = a - For consistence purposes w/th other portions of the City,, please provide a lot numbenng scheme sramng ar the northwestern comer of the parcet as per Section 20A- ;623 N. U.S. Highway ~, Suite B2 Set3astian, FL 32958 (4O73 589-0800 (407') 589-;~742 Fax 7380 Murretl Road, Suite 106 Metl:x3ume, Florida 329.40 (407') 255-~ '175 (40~ 253-4.,*39 Fax Ntt. Bob Massare!li June 4, 1996 Page 2 C. ommem ~' 5 - A copy of the restrictive convenants should be provided to the along with :he final plat submission as per Section Comment ~ 6 - The cemficarion of surveyor shall mc!ude ail elements [ismd in Section 20A-16.4(C)(1)(iii) - i.e. statements of PRM and conibrmance with the City, of Sebastian Land Development Code etc. Comrnem ~ 7. The size developer should prepare a smre.m, en~ a,s to the riming of improvements and/or post surety, for the improveme,~/s'~()as per Secrion 20A- 16.4(C)(5). Cornnrnenr -~ 8 - The developer should be advised that a 18-month nme resmction on development, as per Sect/on 20A-16.4(E). Comment ~ 9 - Plea.se. verify the location of the PRM set between the mar of tots 11 and 12. l_f correct,' promde beanng anc[ distance or curve data infonnauon from said PRM to tot 11, Chapter 177, Florida Statutes, Pm't ][, I77.091(7). l_u add/lion, we suggest that :he plauxng surveyor review the need for an arc length of less than 3 roches along the north portion of lot 8, g/yen uhar i~ unnecessarily complicates con.,qu-uction stake-out a~d future lot surveys. We ap~eciate the oppormmty ro continue m serve as your consulting en~mneer, if :here are any questions or comments, please do not hesitate to conm~ our office. /~, / ~, Sincerely, ~ ' ~$TEZ/LE~R & MOT.~R, Der Rusimetl, P.E. Vice Presadenr DSR/sc MOSBY AND ASSOCIATES, INC. 24,55 1 '~TNt ¢©. BOX 6.368 ,.-d. 07- 589-GO 35 PAX 407-778-26 January 22, 1996 Ms. Jan King City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Harbor Point Subdivision Sebastian, Florida Engineer's Project No.: 95-356 Dear Ms. King: Enclosed are five copies of the revised construction drawings, three copies of the revised drainage calculations and three copies of the revised boundary survey for the subject project. These drawings have been revised in accordance with your consultants Maste!ler & Moler, %nc.'s letter dated January. 10, 1996, and Craven Thompson & Associates, Inc.'s Memorandum of January 1~, 1996. We shall address each item of the resoective documents as follows: I. MASTET.~.ER & ~OLER, INC. Refer to the revised stor~water management report. The tailwater condition has recently been revised pursuant to St. Johns River Water Management District comments. The revised routing analysis utilizes the stage-time relationship used in the original stormwater report for Sebastian Highlands Units 16 and !1, prepared by 5unter Services, Inc. This report was previously reviewed and approved at both the local and State level. St. Johns River Water Management District has accepted the iai!water condition from the 5unter Report as the best available information. If the City has specific stage vs. time data for historic storm events, we would be willing to use this information to calibrate our model. It should be noted that this iai!water condition has a higher peak stage than what was originally submitted. In order to keep peak stages from overtopping the banks of the pond, the grate of the control structure has been lowered. Although the system provides less treatment volume than the original design, both the City of Sebastian and St. Johns River Water Management District criteria are exceeded. The stormwater detention pond has been revised to provide maximum slopes of 3 to 1 below DHWL. The cover letter of the soils report was inadvertently omitted from Appendix C for the previous submittal. Pursuant to my telephone conversation with Rona!d Keller, P.E. of KSM Engineering and Testing, Inc., the primary means of determining the seasonal high groundwater table (SHGT) is observation. As stated in Mr. Keller's letter, the "Estimate is based on our interpretation of existing site conditions and a review of the USDA Soil Survey for Indian...River County." The existing site conditions considered in this interpretation are hydrologic features, soil stains, roots and the existing water table. KSM estimates the SHGT at 24" below grade. Per the attached agreement, the City of Sebastian will be responsible.~for maintenance of the roadways and stormwater management system. The manner in which the system is maintained will be determined by City officials. The City had previously executed agreements with the property's former owner (GDC). As GDC,s successor, the applicant is entitled to the terms stipulated in the agreements (dated August 15, 1979 and March 27, 1992). Also, pursuant to Mr. Joel Kolford's letter to Mr. John King, of December !!, 1995, the City agrees to accept maintenance of improvements after proper dedication, k copy of this letter is enclosed. The preliminary pla= has already been approved. Mr. Fowler will be requested to add his professional registration number to the final plat. Mr. Fowier's Florida Registration Number is 3435. Site utility information has been added to sheet 4 of 5 of the plans. The mean high water line for Collier Waterway and Harbor Wate~ay has been added to sheet 4 of 5 of the plans. A note requiring the contractor to furnish the City copies of soil proctor tests has been added to the "Testing" section of notes on sheet 5 of 5 of the plans. The purpose project is a replat of a portion cf Sebastian Highlands Unit 16 which is currently served by dedicated park and recreation spaces. II. 10. Sidewalks are not required per the attached agreements. !I. Acknowledged. 12. Street lighting is not required per the attached agreements. 13. Noted on the revised drawings. 14. The minimum street grades are 0.30 percent. 15. Noted on the revised drawings. CRAVEN TH6MPSON & ASSOCIATES, INC. Hydraulic calculations for sizing the proposed culvert and cross-drain are included in the revised stormwater report as Appendix D. An exhibit is included which delineates subTbasin boundaries. Details for mitered end sections for the proposed culver~ under Fleming Street has been added to the plans. A statement under seal which summarizes the peak discharge rates for the 10 year and 25 year storm events is attached. The gutter termination detail with grades has been added to the plans. The City has previously entered into an agreement which states that the City will be responsible, after proper dedication, for maintenance. This issue was also mentioned in Mr. Joel Kolford's letter of December tl, 1995 to Mr. John King, a copy of which is enclosed. Minimum finished floor elevation for the subdivision is noted on the typical lot grading detail. 7. A soils stability statement under seal is enclosed. The minimum swale grade has been changed to 0.003 ft/ft. The control structure grade elevation and swale elevation have been revised. The minimum swale grade is above the top of the treatment level of the pond. We hope the above response and enclosed documents are ao.equate so that the City can proceeo, with the final approval of the construction drawings. Should you have any q~estions regarding the above subject~ please call. nd ~. E. ...',... :dO, EnClosures cc: Mr. Harold Adams Mr. John King 'MAST~I.,LER & MOLER, INC. CONSUl.lING ENGINEERS , Juno 19, 1996 , .Mrl 'Bob 'MagS~:/elli City Planner ': '~ ~., ,, City of Seba~tiah, : 1225 Main str%t .... sebastian; Fi0'~ida 32958 i.' RE: .S't°n:nWaier Management Tract"A" , ' H~i'rbor 'Point Subdivision ' '. .' , '" :, ' MM Proiect No. 9505FE ,"' :,' '; . ~ .... .~ ,,., ., .-': ..,... .,~....,,~, ~., .. , .: ?. ,~:, ,,. ~..,'.-'.?-',.;,:,]'g.. · . : · ·. ":"7 . · . .". ~ '. ' . ."'.~ ~'~', :5~..., ,' ".'-': 5 :..'~, :..;:.i~!- ;~..."~:' .:,,'.;,..-' .7.';' · : .,., ....... ~ ',. ...: ...,,,~,,:, ~ ..}[..~, ..~:., ,, ';!,..:.:, · ·Dear Bob. - ..... ..- ,..~,..~.,..;..-.. .... ,..........,,. ~ ...... ....~- '; ' , ' AS' tequeited by thc City of Sebastian on J'une 18, 1996, we haVe .?Cpi:owed' , , · ,' ' ,. , '-' ; ' . · . ' 't '. "' ':'.'" ' : ' '-~ .... ;' ': :, '"" '(' ::= ,: ~:.2.';, ;L,',:,.'.',.:;,. i ".:. Point Subdivisi°n stormwat~r system with regards to the Ctty of Scbas. t)a!! L~d.D..:e..?~!o]~.m. enJ...i.: ,, ~..~v~, ~t v - · k~sdk ,tX ! 1" ~ ,.. * , ,,.., ,,, ,, ,,,,~ ,..,, . ..... ",,,:.~,,;',' .',,.:,.,'.':,," .;:,,'~,':!.;",,:;:,,.':':'~:'...Y, · :" thc.. isro~'S'~d st°rmwatcr system is located onrsite and scparat, e from any .C..ity.'o~Oedl 7 , . , . · :-. : ',,. ' , o ',: , ' ' . , . . ~- -'- -;t":'r .':. .' .". ,~.""-'," ' t .:.~-L";,,.,-'j,?.~"/>..., . .' i.' recommend .that'thc City not accept maintenance respo.nsibdity at tNs t~m,.e:' '.A~ indicated "i:. -" ifferenced sfcti°n, the proposed water management improvements shall' bf:iiiaifitain~ · ' 17 ';' '. ' .... : "" ' · ~ ,' '-' ~ ' '..'," '"~: '" ? r' ,"2~: :' ;t-:,.:- 7; ';'( ~" ~/,.",-% ";,' ~ ';'2':,::',.;!. .... "... ' . Should extensive stormwater ma~gement systems be constructed jn..th!s .ar~;a. [he...~!t ,:;,,:'~.:.-.~.,:'..... '.::.;:, ' '. "i- Would res,erye the right to review this subdivision for acceptance in the ~'6ture:.'?. ';"i717::?;.'.'..... ::?.ill:.': . . vice president":'.' DSP, Jsc i= CI ':'i 623 N. U.S. Highway ' ' ": ' Sebastian, FL '('mT) Ses-4eO0 . (407) ,589-2742 Fax if you have any questions or comments, please feel free to contagt.my -. :. F'::.-,..'-'.i-'(' :/?:i _ ~,'..'~"; ",..,,.,-.,,~:. '~ . ~..' ,...~ .~,_.. ...:., , .. l?, ,;.1,~[ .:;~ , ..... : 5 .';,.'..T..',...: .: :5 '.. "Z."-: " .... ... ,:,.: .:,;... :.'~,':: .' :'. "'::~.' , ..':: :. ':~:, i.' ~" 7380.Murrell. ROad, Suite ...... 2;I .........~,:. ',:.:-'~:'.e..':O:',"~ ::': .': ',. (407) 2~.- 175~,_.,,,?_,~,.,..'. ....... ';...:...,.~ ..... 4o?) as -44 "FaX'"', 02/04/96 16:27 F.~ ~u? 77~ 3000 ~vm~ '£~O~FSO~ ~0o~ TO: CR.aW, N TEo~ eSON & ASSOCX~T~. INc, 2770 INDIAN R~_~BouI2wA~D, SuII-a 301 V~.llo B~.~cM, FLO}UDa 32960 44217 778 3002 407 569 930~ City cffSehastian :~. K~g, Mr. Koford 589 5570 ~er & ~e~ D~on R~I ~:..~ .. DA~: J~ 14, 1996 The following noL~ions in bcdd italic~ indicat~ our respomc to the resubmillal of Mosby & P~mciales, Baa. dar. ed - Ja.mmly 22, 1996 axKl plai~ tt~tt'~lt ~ ~o, 1 Jamla.,-y 19, 1996". Tllc ari~nal comments Of our Jallllary 14, I996 memo aaz shown ia regular type faca Plea.ne note that 111o WOt deteation poml will have to be redesigned to provide a minlmnm 3:1 slope to bottom t:~_/ow In addition, please note that this firm highly remmme~ds that: A_ The minimtun swale grade bc de. signed at 0.003; othcrvdse, mmpl.~/,~ts regarding wet swales can be anli~xmd. ~ ELy will want m be held hannleas from imptov~g thr~ lamr..game xnnde grad~ stt~.~n on plan are le~ tha~ O, O02 ft/ft. Tit* *od~ does not have a ~ but the C~ and the d~,,~ger ~ adv~e~ ~at zhb slope are~t~ a high m~i.m~Jze..~ canton for the Cit~. B. Th-~ m/nimum swala grade ~ at laast as high as the top of th~ trcalmem levd in the wet ~aoa pond; orl~rwise complaims regarding w~ swains san be anticipated. The City will want to be held from improvinl rids comlirioa Iaer. (Pt~as¢ mm: Pondiag for mom r~,, a hours is prolu-bi~d City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 December 11, 1995 Century 21 Realty King 1676 North US #1 Sebastian, FL 32958 Dear Mr. KLng: As a matter of general practice, the City of Sebastian normally accepts required improvements within a platted subdivision for maintenance after proper dedication. These improvements usually consist of streets, sidewalks, utilities, storm water systems, public lighting and other property dedicated and accepted by the City for public use. It is extremely important that the language contained within the platted dedication outlines the specific intent of easements vs fights-of-way for ownership and future maintenance. I trust the above explanation is satisfactory. Sincerely, City Manager City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (4,07) 589-5330 ~ FAX (407) 589-5570 MEMORANDUM DATE: January 24, 1996 TO: FROM: Jan King, Zoning Teclmician Joel L. Koford, City Managef.~ SUBJECT: Letter from Mosby & Associates, dated January 22, 1996 and January 23, 1996 My letter of December 11, 1995, addressed to John King outlines the general policy of the City. The interpretation by Mosby and Associates is incorrect. The City maintains these areas that are platted rights-of-way, as long as they are dedicated to the City and the City accepts the dedication. The City does not accept maintenance responsibility for drainage easements on private property, and my letter does not state otherwise. The storm water systems referenced m my letter pertains to the required improvements on property to be dedicated to the City (ie drainage adjacent to streets or retention ponds, etc.) The letter dated January 22, 1996, paragraph fl, 5, makes reference to an "Agreement". I am not aware of any "Agreement" between Harbor Point Subdivision and the City, wh/ch states that the City will be responsible for maintenance. As a general rule of thumb, when the City accepts land or/mprovements, for public use, the City normally accepts maintenance responsibility. There is a difference between approving improvements and accepting improvements. I believe the author of the letter from Mosby and Associates has rmsmterpreted my letter to Mr. King. /jmt Oeatty King 1676 North US #1 Set~astian, F~orida 32958 (407~ 388-5501 December 6, 1995 city of Sebastian 1223 Main Street Sebastian, FI 32958 ATTN: Mr. Kolford .. 'RE: Harbor Point Subdivision Dear Mr. Kolford,. As per our conversation about ~arbor Point Subivision across from Chessar Gap, once the drainage and roads are set into place it will be turned over to the City of Sebastian. St. Johns Water Mgqmt. needs a letter from the city'advising them that you will except and maintain, the roads and drainage rights of way. Once they have been built to specifications and excepted by the city. Thank You Eac/~ Office Is Indeoendentl~/ Owned ~nd Oc~erated AGREEMENT ~ TO F~T~E CONSTRUCTION OF UNITS ~ ~ND 17 THIS A~REE~t~NT is made and entered into this ~c~ day of March, 1992, by and between the CITY OF SEBASTI~, a municipal corporation organized under t-he laws of the Stats of Florida ("City") and GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as debtor-in-possession under U.S. Bankruptcy Court Case No. 90-12231-BKC-AJC ("GDC"). W I T N =. S S ~ T H: WHEREAS, the parties hereto ars entering into this Agreement as part of the Settlement Agreement entsrsd into on January 16, 1992 for the purpose of setting forth certain rights granted to GDO in said Settlement Agreement. NOW, THEREFOI~, in consideration of the mutual covenants contained hersin, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City hereby agrees that GDC and its successors and/or assigns, at any time whatsoever in the future, '~shall have the absolute right to develop the remaining unconstructed portion of the Plats of Unit 16 and Unit 17 in accordance with the subdivision standards in effect at the time that Unit 16 and Unit 17, as applicable, were platted, and the requirements of that certain Agreement dated as of August 15, 1979, between the City and GDC (the "79 Agreement"), and in no event shall any higher or different standards or rsquirements ever be imposed by the City in connection with, or as a condition..to, the development of said unit 16 or Unit 17 (even if said Unit 16 or Unit 17, or any portion(s) thereof, are replattsd, no higher or different standards or requirements shall be imposed. 2. Notwithstanding anythinq to the contrary contained in the foregoing paragraph, if any portion of Units 16 or 17 ars rsplatted, and the purpose of rsplatting is other than to relocate or widen roads, or to locate or relocate stormwatsr drainage, the right of way and road and drainage requirements and standards in effect at the time that Unit 16 and Unit 17, as applicable, were platted, and the requirements of the 79 Agreement, as afore- described, shall be applicable, but the developer of said property (whether GDO or a successor thereof) shall otherwise be obligatsd to conform to all other applicable current standards or requirements). 3. Without limiting the foregoing, the City acknowledges and agrees that the City shall never require any further dedication, conveyance or designation of land for parks, rscrsational or other public use to Unit 16, Unit 17 or any other 91at already accepted by the City (a "Prior Plat") whic~ is not already set forth in the applicable plat; provided, however, if in connection' with the development of any Prior Plat, the appropriate government agency requires that any parcel of land within the Prior Plat be used for drainage purposes and such parcel has not already been designated for such ~urposes, GDO will convey such parcel to the city upon the condition that the City will assume maintenance and operaUion.with rsspect to suo~ parcel upon such conveyance. 4. This Agreement shall be binding upon the successors and assigns of the parties hereto. The ~ar~ie~ agree to execute whatever further documents are reasonably necessary ~o effect intent and purpose of this Agreement. IN WITNESS WHEP. EOF, the parties have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: P~inted Name: Witness Printed Name: Witness GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as debtor-in-possession under Bankruptcy court Case No. 90-12231-BKC-AJC By: GORDON J. PFERSICH, Senior vice President 2601 S. Bayshore Drive Miami, FL 33133 ~. ~;~ CITY OF SEBASTIAN, a Florida · municipal corporation Printed Name:~+ f.~ ¢c~rW / ~/ Witness / '~ // ~THR~ M. O'~L~N, U City Clerk 1225 Main Strmet sebastian, FL STATE OF F~RIDA ) COUNTY OF bADE ) The foregoing instrument was acknowledged before me this day of March, 1992, by'.GORDON J. PFERSICH, as Senior ~ice President of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as debtor-in-possession under U.S. Bankruptcy Court Case No. 90- 12231-BKC-AJC, on behalf of said corporation. He is personally known to me or has produced as identification and did not take an oath. My Commission Expires: Printed Name: Notary Public State of Florida at Large STATE OF FLORIDA ) COUNTY OF BREVARD) The foregoing instrument was acknowledged before me this Z7~= day of Mar~h, 1992, by FRANK J. OBERBECK and KAT~IRYN M. O'HALLOR~N, as Vice Mayor and City Clerk, respectively, of CITY OF SEBASTIAN, a Florida municipal corporation, on behalf o£ said corporation. They are personally known to m~ and did..aot take an oath. Notary Public State o~ Florida at Large Planning & Zoning Meeting of 2/1~/96 RE: Harbor Point Preliminary Plat chairman Carl Fischer: Let the record show that ali the members are present. Our next order of business is a recommendation to City Council for a preliminary plat for a major subdivision, Harbor Point Subdivision. Randy: Randy Mosby, Mosby & Associates Carl: Staff, do you want to give a presentation on this. Jan King: No, I think the applicant, Randy, can probably give a better presentation on this. '?'.' Randy: The last correspondence we have received from staff is dated February 6, 1996 from Masteller & Moler. What I would like to do is explain what the project is. This project is a subdivision, a portion of Unit 16. I would like to pass this around, it may not be in the package. This is a project that we could go to construct tomorrow without even coming here tonight.." This is an existing platted subdivision that would contain 64 quarter acre lots and be approved for wells, septic tanks, roads through the original plat that was done by GDC. I would like to pass this around to show you what the piece of property looks like as it is currently platted and then I would like to go into what we are proposing. That is what is platted, and we are proposing 24 lots. The reason we are proposing 24 lots is because we want to upgrade the original design of GDC and also to meet the requirements of the roadway requirements and the drainage requirements that are currently in effect, which were not in effect when those 64 lots were originally platted. Tonight we are bringing a proposal before you that only betters the use of the land that is currently platted for almost three times as many lots. Harbor Point has been designed in accordance with the current laws which have changed quite a bit since 1950. It has also been designed in accordance with the County's and the accepted thoroughfare plan of the City of Sebastian as to the Fleming Street extension. I am sure you are all real familiar with the project. It is at the end of the cul-de-sac of Chesser's Gap which is an extension of the thoroughfare plan which will eventually be extended further to the south and to the east. We have been working on this project since September/October of 1995. We have been reviewed continually by two consultants, Masteller & Moler and John Hill to insure by Masteller and Moler that it complies with the subdivision ordinances and by John Hill that it is going to comply with the program that the City Manager has established as part of the Master Stormwater Plan for the City of Sebastian. We have also been reviewed by St. John's River Water Management. Many meetings have been on site. We were notified yesterday that St. John's is getting ready to issue the required permit that brings this site into current conformance, not to the conformance of the original plat that GDC had. The only outstanding issues that I am aware of are with regards to certain subdivision requirements and again it is defined in the February 6, 1996, report from Mastel!er & Moler. "Provide a statement indicating a general description of the manner in which stormwater management sys~m_~s being .~.~ntained.~and the entity responsLhl.a_~or:.,.."? The entity.to be lresponsib~e.~f~.ii~thei.~~ment~of the' stormwatersystem is going__~0__be_~the..C~ty.of-.Sebastian. This was-~fihed'~"and"~'eS~abIi'Shed in an agreement dated January 16, 1992, between the City of Sebastian and GDC. We have designed the stormwater management system as a separate tract from the subdivision which will treat and pr~ide all the water quality requirements for the run off for the City's roadways, and for the additional runoff from the individual lots. Keep in mind, this system is designed for 24 lots vs. the 64 lots that were permitted previously. Item No. 10, the second comment from Masteller & Moler, the sidewalk shall be constructed on both sides of all collector and arterial streets. Again, ref~r&ng back to the agreement of January 16, 1992, this particular parcel of land is not required to meet the current land development requirements of requiring sidewalks. The City entered into an agreement that any subsequent development of the properties in their agreement of turning over properties to the City of Sebastian were only obligated to meet the rules and regulations at the time that they were developed. Item No. 12 is to install street lighting. Street lighting was not required at the time of development of Unit 16. If you like, the only items, technical items, are legal items and these items, if not agreed to by this Planning and Zoning Commission, should be taken up with the City Council because it goes, I think, beyond the abilities of this Board to make legal opinion relative to agreements that'were entered into the City of Sebastian and GDC. But I would like to read this and then I am going to quit talking and answer any questions relative to the subdivision. I think you have a subdivision that is in front of you that only enhances the community. We are providing half acre plus lots. We are preserving, Shirley, as many trees as we can. The roadways have been designed. We have done tree surveys. We have tried to make the alignment to save all the oak hammocks. I think that when you evaluate this subdivision relative to what the owner can do and when he bought this property he bought 64 lots that he could go build. ~e has vested rights and what we are doing is only improving a residential development within the City limits. I would like to read this and I am sure the City Attorney would like to comment on it, and I don't believe that the issues relative to the sidewalks, and street lighting can be resolved by this Board. It is going to have to be taken to City Council because I still haven't got, after many months of working with this City Attorney, we haven't got a formal opinion. We have requested it and we haven't got it. There is a dispute about whether the agreement the City has with General Development and its successors. This agreement goes to assignees. This land was purchased by an assignee, and this agreement is in effect as far as legally we can determine. As relative to the stormwater, the stormwater system as been designed to meet all the current standards and again has been accepted and reviewed by both John Hill and Masteller & Moler as being the current standards and meeting all the rules and regulations of St. Johns. Just to add and I will be real quick and read this and then will answer any questions. This is paragraph five out of the settlement agreement dated the 16th day of January, 1992 between GDC and the City of Sebastian and signed by the mayor at the time, Frank Oberbeck, Vice Mayor. It says, "Construction of uncompleted portions of Unit 16 and 17. The City hereby agrees that GDC and its successors or assigns at any time whatsoever in the future shall have the absolute right to develop the remaining unconstructed portions of the plats of Units 16 and 17 in accordance with the subdivision standards in. effect at the time of Unit 16 and 17 as appticable.~where platted and the requirements of that certain agreement dated as of August 15, 1979 between the City and GDC (79 Agreement) and in no event shall any higher or different standards or requirements ever be imposed by the City in connection with or as a condition to the development of said Unit 16 or 17. Even if said Unit 16 or 17 or any portions thereof are replatted, no higher or different standards or requirements shall be imposed. Notwithstanding anything to the contrary contained in the foregoing, if any portion of Unit 16 or 17 are replatted and the purpose of replatting is other than the relocation of widened roads, or to relocate the stormwater drainage, the right of ways, and road and drainage requirements and standards in effect at the time of Unit 16 and 17, as applicable, were platted and the requirements of the 79 Agreement as for described shall be applicable. But the developer of said property, whether GDC or its successor thereof, shall otherwise be obligated to conform to all other applicable current standards or requirements." We are bringing to you tonight a project that meets all the standards except for the sidewalks and the street lights. Those are the only two connnents that I have outstanding with your respectful consultants, Masteller & Moler and John Hill. Without any further staff report, we feel that we meet the intent of the code. If there is any questions about the sidewalks or lighting, I would respect that you put those as a condition of your motion and let us go to the City Council. Carl Fisher: So those are the two conditions, the sidewalks you are going to address at City Council and the lighting. Carl: Does the City Attorney want to address any of those comments as far as the code is concerned? Basically, Comment No. 4 has been addressed and the main one is the sidewalks which, the sidewalks through City Council that can be waived, only by City Council. And then, Comment No. 12 which is the street lighting. These streets are going to be public streets and the City does have a public street lighting program with the posts. I don't know if that falls into the City's category. (To the attorney) Do you want to address these or do you want to wait till City Council to address them. Tim Williams: I can address them briefly now. As I read this agreement and without getting into whether the agreement itself is enforceable or not, I'm not sure that the City would want to fight enforceability of it and I'm not sure that the City is in any way unhappy with the~}'~greement. My understanding is this is in fact a replat. Stop me if I am saying something that is factually incorrect because I don't have a whole lot of the background in this. My understanding is that this is a replat of a portion of 16 or 17. The purpose is other than to relocate or widen roads, or to locate or relocate stormwater drainage. Therefore I think the standards that y0~:sre grandfathered in on would be the road requirements, the right-of-way requirements and drainage requirements. Street lights and sidewalks, I'm not sure that I would say those are either road requirements or right-of- way requirements. ~owever, I'm not sure that City Council might not want to waive them. Carl: But that could be at the discretion of City Council. Tim: Yes Carl: Let's start questions from the Board. Horry Johns: I commend you. Looking at this compared to what you could have built out there, there is about a thousand percent improvement. This should be nice if you all do a good job out there. In your drainage, John ~ili have some good comments there on the slope of your swales. Your comment was that you agreed with that and you were going to the 30:100, but your plans show it all the way down to 12:100. Randy: The plans have been changed. The construction drawings have been changed to maintain the .3 percent. What's the date on those plans? ~orry: These drawing are 12 of February. Randy: The final comments we got from John, I had a conversation with him and there is a few locations in some of the swales which drop down to about .2 to .12 percent. Those are being corrected and .2 is the accepted standard. This is a recommendation. Horry: I like .5. Randy: I think that John Hill has got his fill of swales in the City of Sebastian and .3 is a very very conservative slope. It is a recommendation, it is not a design standard. The .2 is a minimum, but .3 is what we are going to on this subdivision. Horry: .5 is a lot better in this type of situation. Randy: .2. We have not problem. That raises the road from .1 to Horry: Is there hardpan here like everywhe~ else where you won't get vertical drainage? Randy: There should be perk tests on there, We have done extensive soils testing. There is not hardpan on this particular site. Actually, the site is very well drained. If you are familiar with the site, when GDC built Unit !6, they dredged the can~ts~..that lead to the E!kham Waterway and there are spoil pile~ that go up, you can't hardly climb them they are up thirty feet. They are almost on a vertical slope. Horry: I couldn't get across. Randy: Those spoil piles has kept drainage from the site all the way from Chesser's Gap and everything and it kind of set on the site. The only bad material we have is right in the middle of the site which is a little bit of muck because there is no place for the drainage go when they built the spoil piles. We have already worked that out with St. Johns River Water Management. There is no hardpan there and it is actually a well-drained site. Horry: So you get a lot of vertical drainage here. Randy: Yes, we will. Plus the canals draw down. They draw down hydraulically. This is going to be one of your higher and dry sites. Horry: Normally it looks like you try to keep all your swales in the road right-of-ways and not get them on the property. Randy: That is correct. Horry: Except, what do you do on this cul-de-sac? Randy: You make the cul-de-sac the high and of the system. Horry: Well you haven't though, Randy. You've got water coming down to the cul-de-sac. You need to reroute .... Randy: Temporary cul-de-sac. Horry: Your problem will be solved when you put the thoroughfare in. Randy: t will insure that we have the .3 percent slopes and look at the cul-de-sac. Horry: You went on record here that you were going to make them the .3. Your storage pond over here. What does that structure do? It leads right into a canal there? Randy: Yes. This property is completely s~rounded by canals on three sides. The overflow from that structure is to the canal to the northeast corner. The canal goes all the way around (the subdivision) .... It shows up more on the existing conditions plan .... (discussion of elevations of canals). Walter Barnes: (Discussion of whether developer will build all homes or sell off the lots). In John Hill's letter of the 14th (January), Item 5, I'm making an assumption, correct me if I am wrong, that that item will be discussed between yourselves and the City Attorney for resolution? Randy: That was also the same item, Walter, as Masteller's Items No. 4 about the responsibility of the stormwater system, Maybe the City Manager might want to address that. The stormwater management system is going to be constructed and permitted to handle City roadways and based on the Agreement with GDC, ~l:.t~ith-~CL~it~f~zS/~/~a~ Joel might want to address that. That is the intent of""~5~' stormwater system. The other items such as sidewalks and lights are still up in the air. Walter: Joel, do you have any comment on that? Joel: The only comment I have, I don't know where in the GDC Agreement it says that it be given to the City. We normally have historically maintained our own drainage system when we have platted rights-of-way for drainage purposes and streets swale drainage. What page are you on? John King: This is the recordable document it speaks of in the Agreement, the back part of the Agreement. Joel: .N6~l'L~any~ian~l~ha~.i's~Uplatte~to~L.th~T~Ci~!%and--.~"the'~' And I think that's always been the case. Whether or not'~that language is referring here to what Randy is saying, I'm not quite sure but that's quite normal. What the City does not do is it does not accept the responsibility for the maintenance of drainage on private property. Carl: So, real quick Joel, even if this agreement didn't exist, if you were to build a subdivision, the~-'cit~Wo~d t'ake.it.~.o~e~'/if~¥ou~deede~i~.~.,,to:,~t~m,;~:,._dedica,~e~:~it,,~to-'~ them.r~ '~" ~ Carl: And it were built to the standards and as normally what the City wants. Joel: W~.',~,h~ve~!i'accepted...'~from- GDC.-,re~tention.'ponds all over,the! C i ..., ,_.,,,~. -~ ~ ..~ ~.~..,~..,.:~ ~_., -.~_ _., :~"~'~'~'irL" 't ~e m ;~ T~. But';~?'~ ..~-.',. --:,, -,We ~-a"-r'S o~~?~ d~no.~ acce~o~ma~nt enance- :st zlI,:_.co nfo rm .,.~._..~he ........................... re~-~remem~Secausg/~t: ~ sometp9 z~d;%~3-,t zme-,~;% s. pa rt.: o f our Carl: Exactly. Randy: I think where Joel is getting to is that the side lot swales, the private si~.lot.swales and the private improvements that ar:~"done on the independent lots. In the document that we just furnished Joel, is part of the Agreement as to the future construction of Unit 16. It was signed by Vice Mayor Oberbeck. In paragraph three, the last sentence says, " .... if the appropriate government agency requires that any parcel of land in the Prior Plat be used for drainage purposes and such parcels has not already been designated for such purposes, ~'~i~'~% e 6~ ~'b ~; ~'d~ 5~'~'~ ~i 0 ~ wi't h~..:~r ~s'~e6 %~;~onveyance." Joel: Randy has made a very important statement that I think is important. That is that if it is landlocked and its not going anywhere, and its a percolation pond, there is not responsibility on the part of the Cit~ to receive it or to accept it for maintenance. ,pon~a~d~-~2~.~C~_~Kacce~~ yes. I make a distinction between and I'm not sure that distinction is interpreted within the GDC agreement and I would rely upon legal council to provide that final analysis. It just makes a lot of sense ~~s there shouldn't be any responsibility for us to maintain your back yard. 7 Carl: Good Randy: What you get into is what happens if the homeowners say if the City is not going to maintain this, we are going to cut off the stormwater system and flood the City streets. Then it becomes a public health issue. Herbert Munsart: I am still up in the air r.'..~'garding Mr. Koford's letter of January 24th regarding maintenance. Joel: ,The~.pur~ose.~ of:~th~l-etter~was-.::~:to~.~expl-a~-~that~we,~.when,; ........ . ,, ,., ,,were_ ~...easements.. = ..... corde~.. ~m.. =~a-.. _ . ,..- ........ ,,~., · ..... ~ .... ,. ,. .... ~,) ........ essa~v ._ ~=~e==..~,:res~ons ~b ~ ~.~ .. o~.the --"1'N ' ' ' ~ ' '" ' ~ ' ' --~ -,e - ~-m o ............ ~ ,,Da=~I~R~i=, _~OS~.. aSe~e~ui...~-.. ~,,~.~=~ - - -~-,~' ~-: ~ ,~ .-- ~ ,, ~'. --~T ~-'- ~%. ' -' · .... ~ ..... . ' .. ", . =rome =~ ~W~:, wanted. Lo,.. ma~er_surer, tn~- there "wa~a, c~ear - .- .~ , .--'. i, ', '.~-.:,~', , · -- - ~ ....... · ' .''~2 ' i ~, '' '. un~e=~an~lng.,~tha=~ ~nere '- Is a' ! lne~bf.: respons~5-z-t-tt~': between p~vate'Fanc, puu&zc. A ~ou o= people do not fully understand tha~'~e swales that are still on C~ty rights-of-way the street rights-of-way is City property. We allow side swales to empty into that street right-of-way and for that we allow the citizens the privilege to maintain it. (laughter) Shulke: Asks questions about the stormwater design of Chesser's Gap. Randy: I designed Chesser's Gap. There is another stormwater management tract immediately to the west of this stormwater management tract. There is a small portion of property between them and drainage swale between the two properties. Robert Pliska: Asks questions about if we have a code that would require them to maintain a portion of the large lots without clearing. Jan King: The property is zoned RS-10 and would require no additional requirements by the City other than those in the Land Development Code. They will have to get a land clearing permit and they have to do a tree count and establish what they have got and what they are proposing to take out and with some kind of logical reason why. More discusson on tree requirements and tree removal. Robert Pliska: Points out error on Lot 23 which is marked as an acre. Randy and staff point out that it is not an error... Mr. Pliska just misunderstood the dimensions. Randy: This project has been approved by H.R.S. Shirley Kilkelly: What is flood zone "X"? Randy: You are not in a flood zone. not in a 100 year flood .... (Correction) You are Shirley: What does "Excavated in the wet" mean? Randy: It means no de-watering. Shirley: What does "Temporary de-watering" mean Randy: It means being able to get your equipment to the site to do it. De-watering comes into play when you are pumping off site or when you are pumping on site. Temporary de- watering is being able to take the hole over here and put a little water in here to get this dry so you can work here. Moving water around o~.=~.~he site. Shirley: On Sheet 2, there is an area that is marked jurisdictional staking. What is that all about? Randy: What I mentioned to you earlier is that the low point of the property has been submerged with water and we have a few little ferns which were required to be jurisdictional. There is no permit required. The Army Corps of Engineers permitting which considers those wetland plants and the St. Johns has signed off on that and we should have the permit. This is an Army Corps of Engineers permit. They defined a little wetlands because be have some ferns. Shirley: What happens to that when .... Randy: It is going to be filled. It is insignificant. It is not going to have any affect on the property. The United States government has signed off on it. The State of Florida is going to sign off on it. Shirley: No mitigation? Randy: No mitigation. It is less than a half acre. There are a couple little ferns out there. Carl: Don't say that sarcastically, Randy. Randy: I am saying it sarcastically .... Shirley: Under required improvements, under 20A-17.2N it says that utilities must be underground. The question occurred to me that will that requirement come up in the same class as the sidewalks and other things that will be waived because of the agreement. Randy: Yes it will. Carl: That will have to be addressed. Randy: You want underground electric but where are you going to put your light poles? That would be part of the agreement and the same argument relative to sidewalks and street lighting. Joe: So you are going to have overhead power? Randy: By the current agreement between the~.City and and Joe: Regardless, the developer intends to have overhead power? Randy: Yes. Fleming Street is mandatory overhead power. Florida Power and Light has told us that that is a main corridor transmission~.~ine~ It is going to be overhead power from 512 south all ~he way to U.S. 1 when it is completed. So there is going to be overhead power through this subdivision because FPL says they cannot go underground with the main transmission line which is going to be the main feeder which comes through this corridor. The only portion we are talking about is whether or not the agreement of GDC applies to the offstreet road. But overhead power is mandatory through the site and that is by FPL. Tim: I am not sure I agree with Randy that you have automatically got an exemption. Randy: I haven't said we have an automatic. take it to Council. We are going to Tim: I don't think that is in the agreement. In other words, there are three areas that the agreement allows you to grandfather in. That is the requirements for roads, right of ways and drainage. Randy: I disagree with you Mr. Attorney. It goes on to say it talks about no higher or different standards or requirements ever to be imposed by the City in connection from what was imposed back when they platted Unit 16. And, underground power was not a requirement back in 1976. Tim: You have a provision here that says if you replat a portion and the purpose of the replat is other than to relocate or widen roads, locate or relocate stormwater drainage, then the standards that you are left, the standards that remain are the right of way requirements, the road requirements and the drainage system. All other requirements it goes on to say ... shall otherwise be obligated to perform to all other applicable and current standards and requirements. Randy: But, we contend that we are replatting to meet the current stormwater ordinances and to provide the roads required by the thoroughfare plan. The benefit the City is getting is that we are decreasing the number of lots. We are not doing anything else. The purpose of this subdivision is to meet the stormwater requirements because if you know and Joel will sit here because he is having to deal with it for the last couple years, the biggest problem in the Highlands is the drainage problems because they do not meet current standards. So in order to take this platted subdivision and meet current standards, we are having to do what we are having to do to provide a two acre lake. We"'~re not doing anything more than changing the roads, changing the drainage and decreasing our lots. That is a benefit that we are giving back to the City. Tim: I am not trying to create an issue where there may not be one. If the quest~o~was do I agree with your' interpretation of the agreement, the answer is not. But whether the City wants to make an issue of that, I kind of doubt it. I really think your purpose is a little more than that... Randy: Hopefully these legal issues will be resolved before we go to City Council so we are not postponed. The feeling I get from the Board right now is that they like this project and that they need the support of City Council on the legal issues. Somebody needs to do their homework here between now next week. Tim: My opinion is not going to change but what I think you are going to be doing is going to City council asking for them to waive those requirements on the basis of the good of the community.. They do have the right to do that. Randy:' So you are saying that is agreement is not in. effect for the City is basically what you opinion is. Tim: No, we haven't even gotten to that point. The consideration as to whether or not the agreement is valid. I do have serious doubts about whether or not this agreement is enforceable but to this point I have never had any indication that the City did not intend to abide by this agreement. Randy: This could have some pretty major ramifications for the City, I would think. Carl: We will let the City Council worry about that, those issues, and whether they want to be waived or so forth. Shirley: On Fleming Street, where it ends in the cul-de-sac, could some protection devices be erected their like a guardrail with lighting so someone doesn't go down the road and into the waterway. I would call it traffic control device. Randy: Has anyone run off the end of the cul-de-sac now? Carl: That is not saying they wouldn't. Randy: We have a cul-de-sac dead ended right now, for two or three years. Shirley: With the present cul-de-sac, they will just go off the road into the ditch, if the guardrail isp!t there. But when Fleming Road is extended, they will go ~'i~to the waterway. Randy: I've gone through three months, two consulting engineers reviewing these plans for technical standards, design standards. Carl: Would it hurD~'"~'~"put a fence up there? Randy: I'm really not here to discuss the technical design of this. This City is getting out of hand. A guardrail? That is up to the owner to decide. Carl: stop. Not a guardrail, a fence. Or three signs that say Randy: I don't have a problem with doing this. We have gone to some many engineers over the last three months looking at this and they have no problem with it. We can add some signs. Shirley: as I do. Maybe they don't read the code book as thoroughly Randy: Well then why are you paying them all the big bucks? (laughter) Shirley: Around the perimeter of this subdivision there is a bulkhead, I assume, and the drawings show a silt fence on the interior. Randy: It is required by St. Johns to prevent erosion from going into the canals during construction. Shirley: I assumed that. Randy: That is temporary. Carl: And then, what is permanent? Is it going to be a swale? Randy: No. We have worked with John Hill. They do not want bulkheads on this project. They want graded erosion protective sod at the waterways. Shirley: Are the bulkheads concrete or wood or what? Randy: There are no bulkheads. They don't want bulkheads in the City. They want the land provided, and this is all worked out with your consulting engineer, John Hill, he prefers to see those instead of having the city maintain bulkheads. Shirley: My concern is that when that land i-M graded, what is there to protect the bulkheads from damage? Randy: There is no bulkheads. Shirley: I didn't want to see a spill going into the waterway. So there is no bulkhead? My question is not Randy: It is graded' to the proper slope to provide erosion protection such as sodding. Carl: For long term, Randy, for runoff and everything, you are going to have a swale there anyway to catch water runoff from going into the waterway? Randy: You cannot direct water to run off into the canal. Horry: He has got the lots graded so the water goes the other way. Shirley: After development is not my concern. During development when they are grading that a grade could not control. Horry: That is what the silt curtain is in there for. It will keep that from happening. That is required. You have a good point, but that is required where you can't silt up that waterway. Tommy Thompson: I have had all my questions answered, and I didn't want to talk very much anyway. Carl: I will entertain a motion and hopefully you will refer back to the engineers' comments and the pages and the dates on the letters. walter Barnes: I will start it and if anyone wants to jump in if we miss anything. I make a motion to approve the preliminary plat for Harbor Point Subdivision to include drawings Sheet 1 of 5 dated February 12, 1996, the Index of Drawings by Mosby & Associates received February 12, 1996; Sheet 2 of 5 which is called Existing Conditions dated February 12, 1996, for the Harbor Point Subdivision, I don't see any revision date; Sheet 3 of 5 dated February 12, 1996, titled Horizontal Control, and I don't see any revision date on that or do I, there is one revision date of 1/19//96; Sheet of 4 of 5 titled Planning Grading Drainage Plan dated February 12, 1996, that also has a revision of 1/19/96; Sheet 5 of 5 entitled Details dated February 12, 1996, also a revision date of 1/19/96. The conditions would include the negotiations between the applicant and both City Council and City Attorney relative to street lighting, and sidewalks, as mentioned in the Masteller & Moler letter of February 6, 1996 to Ms. Jan King; (comments from Carl) the ut~!~ties underground would also have to be resolved, ~egotiated between the applicant and City' Council and City Attorney; and I would like to include, also, John gill's letter of January 14, 1996, from John gill to the City of Sebastian, Ms. King, Mr. Koford, Masteller & Meier, Devon Rushnell~ and the signs at the end of the cul-de-sac as a condition. Merry:- Carl: Anything under discussion? Dorri Bosworth: Could you make that to recommend the approval to City Council? Carl: Isn't that what it is? Walter: I probably didn't say that. that to so read. Yes, I will change Hetty: I will second that. Roll. call: Mr. Thompson Yes Ms.. Brantmeyer Yes Mr. Barnes Yes Mr. Johns Yes Chairman Fischer Yes Mr. Shulke Yes Mr. Munsart Yes Carl: It passed. Good luck. Randy: Do I need to submit drawings back to Joel on the slope on those couple little areas on the slopes. Carl: Yes, ! would do it so there is no question. hppp..doc