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HomeMy WebLinkAbout2005 11 14 Consent 209 COMMISSION AGENDA ITEM 209 Consent X Information Public Hearin2 Re2ular November 14.2005 Meeting Mgr. ~ /Dept. ~ tY REQUEST: Community Development Department requests that the Commission approve Dr. Moseley's Re-plat and authorize its recordation, subject to conditions. PURPOSE: The purpose of this agenda item is to approve for recordation, Dr. Moseley's replat. This subdivision plat contains 30 acres and creates 2 lots. APPLICABLE CODE: Code Section 9-75. Final Plat, contents and recording procedures. (a) The final plat shall conform substantially to the approved preliminary plan, and shall be submitted to the city planner as follows: (1) The final plat shall include one (1) linen original. If more than one (1) sheet is required, a suitable index map showing the entire development with index for the various sheets shall be shown on the first sheet. (2) The final plat shall show streets, lots, blocks and easements indicating the centerline, width and sidelines of all easements. (3) Surveys and surveying data on the final plat shall be in accordance with acceptable professional practices and principles for land surveying and preparation of plats. Special consideration shall be given to the relationship of the proposed plat to existing abutting plats to prevent unintended overlap or omission of lands. (4) Mortgage holders shall execute before two (2) witnesses and a notary public the following certification on plats: "The mortgagee(s) consents and agrees to the platting of lands embraced in this plat and to the dedication(s) shown herein; and further, should it become necessary to foreclose the mortgage covering the November 14,2005 Consent Agenda Item 209 Page 2 property, that all pieces and parcels dedicated to the public will be excluded from the suit and the dedication shall remain in full force and effect." (5) A dedication to the public by the owners of all roads, streets, alleys, easements and other rights-of-way, however designated, shown on the plan for the perpetual use of all public purposes. (b) Three (3) copies of all protective or restrictive covenants to be recorded shall be submitted with the final plat. (c) A letter from an acceptable abstractor shall certify the following: (1) That the parties executing the plats are owners of the land included therein. (2) All recorded mortgages, liens and other encumbrances. (3) That taxes and assessments have been paid to date. (4) That the description shown on the plat is correct. (d) An appropriate bond submitted in accordance with the bonding procedures set forth in section 9-76 shall be required for all developments within which improvements are to be dedicated to the public. Section 9.77. Approval of final plat. The city commission may approve the final plat, considering any applicable agency reports, if the plan is in substantial conformity with the approved preliminary plans and it complies with regulations established by this chapter. Action by the city commission may be taken expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data by the city unless delay is requested or caused by the applicant. If the commission certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. Code Section 9-78. Recording/distribution of the final plat. Upon completion of all approval action, the city planner shall be responsible for ensuring that the original linen is signed and sealed, and the plan and deed restrictions, if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). 2 November 14,2005 Consent Agenda Item 209 Page 3 FINDINGS: 1) The re-plat is consistent with the Comprehensive Plan and City Code, subject to conservation easements over the wetlands and upland buffers being dedicated to the City. 3) The City's surveying consultant has reviewed the re-plat and has certified that it meets the platting requirements of Chapter 177, Florida Statutes. 4) Staff has reviewed the re-plat and recommends approval, subject to the following conditions being completed before the City executes and records the re- plat: a. the applicant reimburse the City for the City Attorney's review fees; and b. the City Attorney's review and approval of the plat, conservation easements over the 2 wetlands and their associated 25' wide upland buffers (conservation easements to be provided by the applicant and approved by the City Attorney before recordation of either the plat or easements), and title certification - applicant to make any changes or provide any additional information required by the City Attorney. c. The 2005 property taxes be paid before recordation. RECOMMENDATION: The recommendation is that the City Commission approve and authorize staff to record Dr. Moseley's re-plat, subject to the conditions set forth in item 4 of the above findings. ATTACHMENTS: A Dr. Moseley's Re-plat COMMISSION ACTION: 3 LARGE PLANS AVAILABLE FOR VIEWING AT CITY HALL.