Mayor Leon Skip Beeler and Members of the City Commission. Anthony Caravella, AICP, Director of Development Services

Transcription

1 CITY COMMISSION BRIEFING & Planning Board Report For Meeting Scheduled for August 19, 2010 Final Plat Request Thousand Island View Subdivision Site Plan Consent Agenda TO: FROM: THRU: RE: Mayor Leon Skip Beeler and Members of the City Commission Anthony Caravella, AICP, Director of Development Services Chuck Billias, City Manager Thousand Island View - Minor Subdivision & Final Plat Replat of Lots 29 and 30, RIVER ISLES, ADDITION FOUR, NORTH ISLES 3 and 4 CASE: DATE: August 10, 2010 Owner/Agent: Project/Location: Area: Land Use/Zoning: Request: Donald E. Blevins, Jr., Blevins Land Surveying Inc., Applicant Agent Jonathan and Janet Hosmer, Owner James and Laura Emory, Owner Thousand Island View Subdivision/ 14 Danube River Drive and 18 Danube River Drive 20, square feet (0.47 acre) more or less Low Density Residential/RS-1, Single-Family Residential District Applicant seeks final plat plan approval to resolve a certain boundary anomaly which exists in the common property line between the above properties in accordance with LDC Section 5-39 Minor Subdivisions and Lot Splits. A. Project Information/History The Applicant/Agent, Donald E. Blevins, Jr., requests final plat approval for a minor subdivision, pursuant to City Code Appendix B, Land Development Code (LDC) Section The subject properties ( Property ) are located within an RS-1, Single-Family Residential zoning district. A Zoning/Vicinity Map is presented as Attachment A. K:\userdata\SHARED\Building Department\CASES\2010\2010June\ Emory-Hosmer Plat 14 & 18 Danube River Dr\CC Briefing- Hosmer&Emory Plat ( ).docx

2 Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Thousand Island View Subdivision Final Plat -Case No Date: August 10, 2010, for Commission Meeting August 19, 2010 Page 2 The common property line between the two properties needs to be subdivided to resolve a certain boundary anomaly between Lots 29 and 30. A reproduction of the proposed lot configuration is presented as Attachment B. The final plat which will be prepared and presented for the Planning Board Chairperson s and Mayor s signatures will be in a subdivision form necessary for recording (see Conditions 1 and 2). Because of this boundary anomaly, the City will not process any building permits for new structural construction on either of the properties, until the true and proper boundary between the referenced properties has been lawfully established and recorded. A true and property boundary is necessary to ensure any construction is compliant with City Code Appendix B LDC. B. Planning Board Review The Planning Board heard this request at their July 12, 2010 meeting. Following staff presentation and concerns of the property owners, the board tabled/continued action on the agenda item until August 2, Pursuant to LDC Section 5-39A(2), Minor Subdivisions and Lot Splits, the Planning Board reviewed this request to determine conformity with the Comprehensive Plan and the Land Development Code. The Board considered the following: a. A land description of each lot being created shall accompany or be shown, whenever possible, on the survey. b. If any lot or parcel contains principal or accessory structures, the structures shall be shown either on the minor subdivision or on a survey attached to the minor subdivision. c. All lots or parcels shall have frontage on a city maintained public street, have water and sewer services available, and be in accordance with the requirements as set forth in this article. d. If the proposed minor subdivision abuts a street right-of-way which does not conform to the right-of-way width standards of these regulations, the owners may be required to dedicate to the city sufficient right-of-way width necessary to meet minimum design requirements for street rights-ofway, as specified in the Technical Specifications Manual. Because of the nature of the application, staff is requesting the Planning Board and City Commission consider the criteria can be met if the application is approved with conditions. The conditions recommended by staff are considered adequate to address all the necessary criteria necessary for final plat approval.

3 Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Thousand Island View Subdivision Final Plat -Case No Date: August 10, 2010, for Commission Meeting August 19, 2010 Page 3 C. Staff Recommendation and Planning Board Action/Recommendation Staff recommended the Planning Board grant approval of the application with conditions. Staff also advises that if approved with the recommended conditions, the proposed Final Plat can satisfy the minimum technical requirements of LDC Section On August 2, 2010, the Planning Board reviewed the application and unanimously (5-0) recommends the City Commission approve the subdivision subject to the following conditions: Conditions: 1. Dedication block must be completed, i.e. Know all men by these presents, that the individuals named below, being the owners in fee simple of the lands described in: Thousand Island View hereby dedicate said lands and plat for the use and purposes therein expressed and dedicates all utility easements to the perpetual use of the public and the City of Cocoa Beach, Florida. 2. Add a note to the plat stating There is hereby dedicated a 2.5 foot wide utility easement abutting all side property lines, and a 5 foot wide utility easement abutting the front property lines. 3. Add a note to the plat stating All platted utility easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable television company damages the facilities of a public utility, it shall be solely responsible for the damages. This shall not apply to those private easements granted to or obtained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission. 4. Property owners must transfer property ownership to legal descriptions on this plat in a manner and form suitable for recording as determined by City staff and the City Attorney. 5. Final approval by City Attorney required prior to final signature and recording. 6. Final Plat to be recorded within one year of the date of City Commission approval, or this approval will expire.

4 Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Thousand Island View Subdivision Final Plat -Case No Date: August 10, 2010, for Commission Meeting August 19, 2010 Page 4 1. Key Facts/Issues Requiring Discussion Key facts are identified in this briefing paper. The Planning Board recommends approval subject to conditions. Planning Board and City Commission must consider that, with conditions, the application and Final Plat can satisfy the minimum technical requirements of LDC Section Costs Costs associated with processing Final Plats include staff review time, City Attorney review time, City Surveyor review, Development Services staff time associated with preparing Planning Board and Commission packets, and review and approval of plat documents prior to recording. 3. Savings Not applicable. 4. Source of Funds Application fees which have been paid 5. Communications There exists no statutory or local requirement to advertise this request. The Planning Board reviewed this application at their July 12 th and August 2 nd, 2010 meetings. 6. Environmental Impact This is a procedural action to resolve a survey error in the original plat and the properties were developed under the original subdivision approved and developed in the 1960 s. Therefore, there are no apparent environmental impacts with this action. 7. Department Representatives Anthony Caravella, AICP, Director of Development Services 8. Staff Recommendation Staff concurs with the Planning Board recommendation of approval.

5 Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Thousand Island View Subdivision Final Plat -Case No Date: August 10, 2010, for Commission Meeting August 19, 2010 Page 5 9. Recommended Motion: For site plan consent agenda Approval of the final plat, for the Thousand Island View Subdivision (Case No ), with conditions identified in the August 10, 2010 briefing memorandum and Planning Board Report. Legal Description Lots 29 and 30, RIVER ISLES, ADDITION FOUR, NORTH ISLES 3 & 4, according to the Plat thereof as recorded at Plat Book 16, Page 142, Public Records of Brevard County, Florida. Area: 20, square feet (0.47 acre) more or less Parcel ID: & Attachments A. Vicinity/Zoning Map B. Proposed Plat/Subdivision C. Map of Survey Existing Property Conditions D. Staff Review Comments Enclosure Proposed Plat/Subdivision Copies (less enclosure) Jonathan and Janet Hosmer, 14 Danube River Drive, Cocoa Beach, FL James and Laura Emory, 18 Danube River Drive, Cocoa Beach, FL (via lemory@cfl.rr.com) Donald E. Blevins, Jr., Blevins Land Surveying Inc., 155 Carrigan Boulevard, Merritt Island, FL (via ernie@blevinsdevelopment.com) Bob Beals (via bob@mgoldmanlaw.com); Thomas Townsend (via TTAttorney@aol.com)

6 SUBJECT PROPERTIES North Parcel ID # & Property located 14 and 18 Danube River Drive Note: Map not to scale ATTACHMENT A (1 of 1) Vicinity/Zoning Map City Commission Briefing for 8/19/2010 meeting Thousand Island View Final Plat Case No

7 ATTACHMENT B (1 of 1) Proposed Plat/Subdivision City Commission Briefing for 8/19/2010 meeting Thousand Island View Final Plat Case No

8 ATTACHMENT C (1 of 1) Map of Survey Existing Property Conditions City Commission Briefing for 8/19/2010 meeting Thousand Island View Final Plat Case No

9 From: Sent: To: Subject: David Wiles Monday, June 28, :24 AM Tony Caravella RE: MINOR SUBDIVISION "THOUSAND ISLAND VIEW" Approve with no conditions. David Wiles Building Inspector/Plans Examiner Office: (321) Fax: (321) From: Sent: To: Subject: Steven Lewandowski Friday, June 25, :01 PM Tony Caravella RE: MINOR SUBDIVISION "THOUSAND ISLAND VIEW" Tony C Plan approved as sufficient with no additional conditions required Any questions contact Steve at or cell From: Sent: To: Subject: Ed Slaughter Friday, June 25, :52 AM Tony Caravella; A.J. Hutson; Dan Connor; Darby Blanchard; David Wiles; Joseph McGee; Mark Amaral; Robert Torres; Stephen Miller; Steven Lewandowski RE: MINOR SUBDIVISION "THOUSAND ISLAND VIEW" Plan approved as sufficient with no additional conditions required. Ed Slaughter, P.E. City Engineer City of Cocoa Beach ATTACHMENT D (1 of 2) Staff Comments City Commission Briefing for 8/19/2010 meeting Thousand Island View Final Plat Case No

10 From: Stephen Miller Sent: To: Subject: Friday, June 25, :59 AM Tony Caravella RE: MINOR SUBDIVISION "THOUSAND ISLAND VIEW" Minor Subdivision approved by Building. Steve Miller Chief Building Official City of Cocoa Beach Building Department 2 South Orlando Ave. Cocoa Beach, FL Phone: (321) Fax: (321) smiller@cityofcocoabeach.com From: Mark Amaral Sent: Thursday, June 24, :48 PM To: Tony Caravella; A.J. Hutson; Dan Connor; Darby Blanchard; David Wiles; Ed Slaughter; Joseph McGee; Robert Torres; Stephen Miller; Steven Lewandowski Subject: RE: MINOR SUBDIVISION "THOUSAND ISLAND VIEW" The Fire Department has no objections to this subdivision. Mark Amaral Fire Marshal Division Chief Cocoa Beach Fire Department 25 S. Orlando Ave Cocoa Beach, Fl Office Fax ATTACHMENT D (2 of 2) Staff Comments City Commission Briefing for 8/19/2010 meeting Thousand Island View Final Plat Case No