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HomeMy WebLinkAbout2006 04 10 Regular Item 311 Capital Green COMMISSION AGENDA ADD ON ITEM 311 April 10. 2006 Meeting Consent Information Public Hearing Regular X Mgr./Dept. REQUEST: Community Development Department requests that the Commission approve the 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 the 14.27 acre Winter Springs Town Center plat (approved December 8, 2003) and the western 0.43 acre portion of the Kingsbury homestead. APPLICABLE REGULATIONS: 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. Ifmore 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. April 1 0, 2006 Regular Agenda Item 311 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 oflands 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 2 April 10, 2006 Regular Agenda Item 311 Page 3 schedule. Development Agreement and modifications Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). CONSIDERATIONS: The applicant has acquired (per development agreement) 0.43 acre from the Kingbury homestead to assimilate it into the existing 14.27 acre Winter Springs Town Center plat. That plat, which created the separate Wendy's site (Lot 2) and the private roadway known as Tree Swallow Drive, was approved December 8, 2003. The applicant proposes to combine the 0.43 acre Kingsbury property with adjacent property within the Doran site to create one lot for both Building 4 (retail on bottom and residential condominiums above), Building 17 (all residential condominiums), and most or all of the vehicle accommodation area between them- Lot 2 of the replat (1.572 acre). Commercial buildings 3 and 16 and the vehicle accommodation area between them would constitute Lot 4 (1.019 acre). Lots 3 (0.413 acre), 5 (0.314 acre), and 6 (0.419 acre) are out-parcels along Blumberg Boulevard (staff does not know what, if anything, is presently planned for these 3 lots) FINDINGS: 1) The plat is consistent with the approved Development Agreement and its modification. 4) The plat is consistent with the Comprehensive Plan and City Code. 3) The City's surveying consultant has reviewed the plat and has certified that it meets the platting requirements of Chapter 177, Florida Statutes. 4) Staff 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 and the City Attorney's fee; and b. the City Attorney's review and approval ofthe plat and title certification - applicant to make any changes or provide any additional information required by the City Attorney. RECOMMENDATION: The recommendation is that the City Commission approve and record Winter Springs Town Center a Re-plat, subject to the conditions set forth in item 4 of the above findings. 3 April 10,2006 Regular Agenda Item 311 Page 4 ATTACHMENTS: A B Winter Springs Town Center Final Subdivision Plat (existing plat). Winter Springs Town Center - a Replat COMMISSION ACTION: 4 WINTER SPRINGS TOWN CENTER ATTACHMENT A WINTER SPRINGS TOWN CENTER WINTER SPRINGS TOWN CENTER WINTER SPRINGS TOWN CENTER