City of Sanibel. Planning Department STAFF REPORT

Transcription

1 City of Sanibel Planning Department STAFF REPORT Planning Commission Meeting: July 23, 2013 Planning Commission Agenda Item: No 7b. Application Number: DP Applicant Name: Attorney Beverly Grady for property owners, The End Golf Management, LLC RE: Consideration of a Development Permit application submitted for preliminary plat approval to amend the recorded subdivision plat for Beachview Country Club Estates, Unit No. 2. The preliminary plat proposes the subdivision of Tract B (a/k/a the Golf Course Parcel), the creation of a new parcel Tract F - currently occupied by the existing tennis court facilities and the reassignment of residential density. The subject property is located at 1100 Par View Drive (tax parcel no T1-0330B.0000). The application is submitted by Attorney Beverly Grady (the applicant) on behalf of The End Golf Management, LLC (the property owner). Application No DP Issue Does the development permit application for preliminary plat approval to amend the recorded subdivision plat for Beachview Country Club Estates, Unit No.2, meet the major subdivision requirements of the Land Development Code? Proposal The objective of this request is to establish a new parcel of land, within Beachview Country Club Estates, Unit No. 2 herein referred to as Tract F or the tennis court parcel. The subject request proposes to subdivide Tract B, the golf course parcel of Beachview Country Club Estates, Unit No. 2 by creating a new 69,114 SF parcel of land, which is Tract F. The boundaries of Tract F will encompass the immediate land area where the existing tennis court facilities are located. In addition, one (1) of the three (3) remaining units of residential density assigned to Tract B will be allocated to Tract F for potential development in the future.

2 Background Tract B or the golf course parcel within Beachview Country Club Estates, Unit No. 2 is reserved for the golf course, club house, tennis courts, parking and other recreational facilities. Beachview Golf and Tennis Club, recently renamed Sanibel Island Golf Club, was purchased by the current owners of Tract B in November of The purpose of this subdivision is to create a new parcel or lot Tract F in order that the existing tennis court facilities may at some point be owned and operated separately from the remaining golf course parcel. In addition, Tract F will also be allocated one (1) unit of reserved residential density should it ever become desirable or necessary in the future to have the use of this parcel converted from recreational to residential. It should also be noted that when the development permit application for this preliminary plat approval was initially filed and noticed for a hearing the plat identified the tennis courts parcel as Block G. The proposed plat has now been revised to identify the tennis courts parcel as Tract F and there were no revisions made to the proposed metes and bounds description of the proposed parcel. A copy of the applicant s Narrative Statement, with a revised date of July 15, 2013, is provided with this report as Attachment A. Analysis There are no plans that are either necessary for compliance with the Land Development Code or for the approval of this preliminary plat to construct or create any new public or private streets, off-site or off-tract drainage facility or easement, or other public dedications or improvements. The preliminary plat merely establishes the metes and bounds description required to lawfully establish the tennis courts parcel as a separate lot within Beachview Country Club Estates, Unit No. 2, with an underlying density of one residential dwelling unit. The preliminary plat indicates that Tract F will be 69,114 SF. The typical singlefamily lot within Beachview Country Club Estates, Unit No. 2 ranges between 12,750 SF and 23,500 SF, however, the lots immediately adjacent to the tennis court parcel are only 15,000 SF. If the tennis court parcel is ever redeveloped as a single family use it would be more than four and one-half (4.5)times the size of the adjacent residential lots. A partial copy of the preliminary plat depicting Tract F is included with this report as Attachment B. The adjacent lots to the east of Tract F, Lots 1 and 2 of Block E, have been assigned a maximum allowed impermeable area of approximately 5,000 SF and a maximum allowed developed area of approximately 5,750 SF. k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 2 of 10

3 Pursuant to Land Development Code Section Subdivision Standards (3) limitations on vegetation removal, developed area and coverage with impermeable surfaces shall apply to such individual lots in the following manner: a. The maximum permitted vegetation removal, developed area and impermeable surfaces for the entire parcel shall be calculated. This total shall not be exceeded in apportionment of the total to individual lots and tracts. b. Appropriate limitations on vegetation clearance, developed areas and coverage with impermeable surfaces shall be allocated to preservation and common area tracts. These areas shall then be subtracted from the maximums permitted. c. The remaining permitted vegetation clearance, developed area and coverage with impermeable surfaces shall be apportioned to the individual lots in proportion to the size of the lot and the number of dwelling units permitted thereon. d. However, no individual lot larger than 5,000 square feet and designated for a dwelling unit shall be apportioned: 1. More than 50 percent of the land area of the individual lot or less than 2,000 square feet of area for developed area; 2. More than 50 percent of the land area of the individual lot or less than 2,000 square feet of area for vegetation clearance; and 3. More than 45 percent of the land area of the individual lot, or less than 1,800 square feet of area for coverage with impermeable surfaces. To ensure that the redevelopment of Tract F as a single-family use is compatible with the established development pattern of the other surrounding residential lots and land uses within Beachview Country Club Estates, Unit No. 2 the maximum allowed impervious and developed areas cannot be based upon the overall parcel size and must be assigned. Since the existing site improvements on Tract F" are in excess of the maximum allowed impermeable coverage and developed areas the applicant has agreed to restrict any future development on Tract B by the amount necessary to comply with the Land Development Code. An as-built survey of Tract F will be required to verify the existing impermeable coverage and developed areas. Land Development Code Section Preliminary Plat, states that the k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 3 of 10

4 preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. The preliminary plat shall be designed and drawn by a licensed and registered land surveyor or professional engineer and shall show or be accompanied by the following information: (1) A key map showing the entire subdivision and its relation to surrounding areas. (2) The tract name, tax strap number, date, reference meridian, graphic scale and the following names and addresses: a. Name and address of record owner. b. Name and address of developer and authorization from owner. c. Names and addresses of persons who prepared the map. (3) Acreage of the tract to be subdivided to the nearest tenth of an acre. (4) Existing and proposed contours at one-foot vertical intervals for lands of lesser slope. Datum of all elevations shall be that of the United States Geodetic Survey. (5) Location of existing and proposed property lines, street rights-of-way within the subdivision and within 200 feet of its boundaries, street names, location and width of right-of-way and pavement, and type of pavement, structures, watercourses, bridges and culverts, drain facilities, and any prominent natural feature, such as vegetated areas and wetlands. (6) Plans for proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connections to existing or any proposed utility system. When individual water supply or sewage disposal systems are proposed, the plans for such systems shall be approved by the appropriate local and state agencies. When a public sewer system is not available, the developer shall have percolation tests made and submit the results with the construction plans. (7) A note or statement that the property is located in a special flood hazard area on the National Flood Insurance Program's flood insurance rate maps. (8) A copy of any restrictive covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat. (9) The preliminary plat shall be accompanied by a written summary of the proposal giving information as to the overall development plan with preliminary data on the planned number of dwelling units or other permitted k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 4 of 10

5 uses contemplated, so that the effects of the development can be determined to ensure that the development is in accordance with the Sanibel Plan and this land development code. (10) Any and all other information that the developer may wish to integrate on his or hers preliminary plans as otherwise required for development permit approval. As submitted the proposed application substantially complies with the above relevant information requirements for preliminary plat subdivisions found under Land Development Code Section Pursuant to Land Development Code Section , Planning Commission approval of the proposed preliminary plat may only be granted when each lot or parcel of the proposed subdivision and the entire parcel being subdivided are in compliance with all requirements of the Land Development Code and the Sanibel Plan. It is stated in Land Development Code Section Application, (a), that an application for a development permit for any parcel of land shall include all contiguous lands owned in common therewith on or after December 1, The subject 1.5 acre parcel of land was held in common ownership with other contiguous lands on and after December 1, Land Development Code Section , Procedures, states in part that an Application for approval of a major subdivision shall be as for a long-form development permit pursuant to the terms of Chapter 82. Under Land Development Code Section , the procedures for preliminary plat approval are as follows: (1) The development permit application shall be accompanied by a preliminary plat prepared in conformance with the requirements of section (2) If the proposed subdivision includes, or if the Planning Commission requires as a condition of approval, that the subdivider dedicates land or contribute funds toward public facilities, preliminary plat approval shall not be complete unless and until such required dedication or contribution is reviewed and approved by the City Council. (3) No development permit shall be issued for the land subdivision unless and until the remaining requirements of this chapter relating to required k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 5 of 10

6 improvements, construction plans, and submission, approval, and recording of final plat, are completed in accordance herewith. (4) Preliminary plat approval shall be effective and valid for a period of two years. The planning commission may, however, extend this effective period for an additional two years, provided that, at the time such extension is granted, the preliminary plat continues in compliance with all requirements of this land development code and the Sanibel Plan. If all requirements for approval of a final subdivision plat, and the recording of such plat, are not completed within the time period for which preliminary approval is valid and effective, such preliminary approval and all rights conferred thereby shall be terminated and expire. (5) Preliminary plat approval may be extended by city council for an additional period of time beyond the two-year effective time period and the two-year extension that may be approved by the planning commission due to the necessity of achieving compliance with federal, state or local regulations pertaining to endangered or protected species and respective habitat or due to other unforeseen environmental conditions. An application for such an extension may be filed with the city manager, or designee, for consideration by city council. Such application will be filed in a form prescribed by the city manager, or designee, and will demonstrate that such an extension is warranted for a period of time necessary to comply with federal, state or local regulations. City council's consideration of such an application will include a report and recommendations from the planning commission determining that the subject preliminary plat continues to be in compliance with all requirements of the Land Development Code and the Sanibel Plan. Any such extension may be subject to conditions and/or restrictions deemed necessary or appropriate by city council based upon the application, recommendations of the planning commission or any other factors considered relevant by city council. Preliminary plat approval gives the applicant the right to proceed with the subdivision based upon the general terms and conditions of the preliminary plat approval. It does not allow the applicant to change permitted uses or residential density, layout and design standards for lots, streets and other improvements, minimum lot sizes, yard dimensions and required improvements. Preliminary plat approval is valid for two years subject to the above stated procedures. The proposed preliminary subdivision plat is appropriate for the subject property. The plat identifies all appropriate easements that have been dedicated and are already established for purposes of ingress and egress, drainage and stormwater k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 6 of 10

7 management, potable water, Sanitary Sewer, electric, telephone, cable, gas and recreation uses. In addition to the standards in Land Development Code Chapter 114, unified residential cluster developments must comply with additional subdivision standards set forth in Land Development Code Section The applicant has provided a draft Declaration of Covenants and Restrictions for the proposed subdivision. Although this document mentions the assignment of one unit of residential density it does not reference the correct recipient parcel and is silent with regards to the remaining density on Tract B the golf course parcel. In addition, should Tract F, the tennis court parcel, transition from recreational to single-family use it should be subject to the same restrictive covenants recorded for Beachview Country Club Estates, Unit No. 2. Also the required Declaration of Density is not stated on the preliminary plat and this information must be incorporated on the final plat, which must be recorded in the public record. No minimum lot area is required for parcels subdivided pursuant to the residential cluster provisions of the Land Development Code. Pursuant to Land Development Code Section , final engineered construction plans and specifications for all subdivision infrastructure improvements shall be submitted to the City for technical review following preliminary plat approval. Since all subdivision improvements are currently in place this requirement does not apply. The applicant will need to prepare and provide the legal descriptions required for Tract F for recording in the public records. This document is subject to City Attorney review and approval prior to final plat approval by City Council. The final subdivision plat must be reviewed and approved by City Council and may only be considered after the completion of all related plat and document corrections. For the consideration of the final subdivision plat the applicant shall also verify by an as-built survey all existing onsite improvements on Tract F. SUMMARY The Planning Department concludes that, pursuant to Land Development Code Chapter 114, Article II, the proposed re-plat of Tract B Beachview Country Club Estates, Unit No. 2 can be accomplished in conformance with requirements of the Land Development Code and the Sanibel Plan. k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 7 of 10

8 In order to grant preliminary plat approval, the Planning Commission must also reach the same conclusion that this application for a major subdivision complies with all applicable Land Development Code requirements of Chapter 114. RECOMMENDATION If the Planning Commission finds that the application meets the requirement for Preliminary Plat approval, the Planning Department recommends the following conditions are attached to this request: 1. In accordance with Land Development Code Section , the applicant shall submit a copy of all restrictive covenants or documents identifying the entity responsible for the maintenance of all subdivision tracts to the City for final review and approval prior to final plat approval. Then the approved documents shall be recorded in the public record by the applicant and a copy of the recorded documents shall be submitted to the City prior to issuance of the development permit (completion certificate) for the land subdivision. 2. Prior to final plat approval, the applicant shall submit verification of all related site improvements on Tract F by way of an as-built survey. 3. As required by Land Development Code Section , the applicant shall execute and record in the public records of the County a declaration that the residential density allocation for the property has been either fully utilized or reserved as authorized by City Council for both Tracts B and F. This declaration shall appear on the final plat, as well as the recorded restrictive covenants. 4. Preliminary plat approval shall be effective and valid for a period of two years. The Planning Commission may, however, extend this effective period for an additional two years, if, at the time such extension is granted, the preliminary plat continues in compliance with all requirements of the Land Development Code and the Sanibel Plan. If all requirements for approval of a final subdivision plat, and the recording of such plat, are not completed within the time period for which preliminary approval is valid and effective, such preliminary approval and all rights conferred thereby shall be terminated and expire. (Ref. LDC (4)). k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 8 of 10

9 5. Preliminary plat approval shall confer upon the applicant the following rights during the period in which such approval is valid and effective: The general terms and conditions upon which the preliminary plat approval was granted shall not be changed, as applied to the subdivision, including permitted use and residential density limitations; layout and design standards for lots, streets and other improvements; minimum lot sizes; yard dimensions and required improvements; except that nothing herein shall be construed as preventing the City from modifying, by ordinance, such terms and conditions as they relate to public health and safety; and The applicant may submit for final approval, a final subdivision plat in accordance with the requirements of Land Development Code Section (Ref. LDC ). 6. In accordance with Land Development Code Section , this preliminary plat approval is conditioned upon the applicant installing all monuments as required by Florida Statutes Ch The preliminary plat shall be revised to include the following information: Acreage of the tract to be subdivided to the nearest tenth of an acre; A note or statement that the property is located in a special flood hazard area on the National Flood Insurance Program's flood insurance rate maps; and The assigned maximum allowed coverage and developed area for Tract F in accordance with Land Development Code Section Subdivision Standards. 8. In the event that the Tract F is redeveloped for single family use the property shall be subject to the restrictive covenants and deed restrictions for Beachview Country Club Estates, Unit No The development permit shall not be issued by the City until the applicant provides certification to the City that the final plat has been recorded in the public records of the county and the plat book and page number where such plat has been recorded. 10. Preliminary plat approval shall not relieve the applicant from the requirement of obtaining permits from and complying with lawful requirements imposed by the Florida Department of Environmental Protection, the South Florida Water Management District and any other applicable local, State and Federal law. Valid permits or exemptions from the agency shall be submitted to the Planning Department prior to issuance of a development permit for construction and installation of subdivision infrastructure. k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 9 of 10

10 Index to Staff Report Attachments: Attachment A Copy of applicant s Narrative Statement; July 15, 2013 revision date Attachment B Partial copy of preliminary plat depicting Tract F k:\planning\stb\pc Mtg \STAFF REPORT_Beachview Country Club Estates Preliminary Plat Page 10 of 10

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