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HomeMy WebLinkAbout2011 03 28 Regular 601 Consider Proposed Developers Agreement for Hertiage Park CITY COMMISSION AGENDA Consent Informational ITEM 601 Public Hearing Regular X March 28, 2011 Mgr. / Dept Meeting Authorization REQUEST: The Community Development Department requests the Commission consider the proposed development agreement modification to allow the pedestrian ramp to the gazebo in Heritage Park entrance area to be removed and the gazebo made to function only as a decorative feature. SYNOPSIS: The Heritage Park Home Owners’ Association (HOA) has experienced repeated acts of vandalism and inappropriate or illegal activities occurring at its gazebo, located in the common area south of Heritage Park Street. Concerned with the direct monetary cost of vandalism and the liability and stigma that may be associated with inappropriate or illegal activity on its property, the HOA requests to modify the structure to make it inaccessible. The gazebo and sidewalk are addressed in the development agreement (DA), in the text and in Exhibits “E” and “F”; therefore a DA modification was determined necessary. CONSIDERATIONS: LAND USE, ZONING DESIGNATION, ETC.: Zoning: C-1 Future Land Use Designation: Mixed Use APPLICABLE REGULATION: Florida Statutes Comprehensive Plan City Code Development Agreement and modification Florida Building Code FISCAL IMPACT: March 28, 2011 Regular Item 601 Page 2 The proposed modifications to both the DA and the structure should have no fiscal impact upon the City, but is anticipated to limit the liability of the HOA. COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney/Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas/Agenda Item information, all Homeowner’s Associations on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. RECOMMENDATION: Staff recommends that the City Commission approve the requested modification and authorize the City Manager and City Attorney to draft the development agreement modification for execution by the Mayor. ATTACHMENTS: A Location map B Existing development agreement