HomeMy WebLinkAbout2004 01 12 Consent 200COMMISSION AGENDA
ITEM 200
January 12, 2004
Meeting
Consent
X
Information
Public Hearin
Re ular
Mgr. //r /Dept.
REQUEST: Community Development Department requests that the Commission approve the
Winter Springs Town Center final subdivision plat (re -plat) for Capital Green and authorize its
recordation, subject to conditions.
PURPOSE: The purpose of this agenda item is to approve for recordation, the final
subdivision plat of the Winter Springs Town Center. This subdivision plat contains 14.27 acres
and creates 2 lots and one private roadway tract (Tree Swallow Drive). Lot No. 1 is the
remaining JDC Calhoun site and Lot No. 2 is the Wendy's site.
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.
January 12 2004
Consent Agenda Item 200
Page 2
(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
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
F)
January 12 2004
Consent Agenda Item 200
Page 3
schedule.
Chapter 177, Florida Statutes.
Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent).
FINDINGS: 1) The applicant had originally stated that the site would not be subdivided and
the site plan was reviewed and approved as one monolithic site.
2) hi the negotiations with Wendy's, the applicant saw a need to separate the
proposed Lot No. 2.
3) The plat is consistent with the approved Development Agreement and its
modifications.
4) The plat is consistent with the Comprehensive Plan and City Code.
5) The City's surveying consultant has reviewed the plat and has certified that it
meets the platting requirements of Chapter 177, Florida Statutes.
6) The DRC has reviewed the plat and recommends approval, subject to the
following conditions being completed before the City executes and records the
plat:
a. the applicant reimburse the City for the City's surveying consultant's
fee;
b. the applicant provide the City with a recordable joinder and consent
form acceptable to the City Attorney (all we have is a faxed copy);
c. the City Attorney's review and approval of the plat, joinder and
consent form, and title certification — applicant to make any changes or
provide any additional information required by the City Attorney; and
d. the applicant to adequately document to staff the payment of the 2003
property taxes for the entire site before the plat and joinder and consent
form are recorded in the public documents of Seminole County.
RECOMMENDATION:
The recommendation is that the City Commission approve and authorize staff to
record the Winter Springs Town Center final subdivision plat, subject to the
conditions set forth in item 6 of the above findings.
ATTACHMENTS:
A Winter Springs Town Center Final Subdivision Plat.
COMMISSION ACTION:
3