City Council Meeting
City of DeBary
Subject: Riviera Bella Unit 2B Partial Replat (14-01-FPA-Rivbella)
From: Rebecca Hammock, AICP
Meeting/Hearing Date: August 6, 2014
( ) Ordinance
( ) Resolution
( X ) Other
( X ) Supporting Documents/Contracts
Jerome Henin of Henin Group is seeking final plat approval for a partial replat of Riviera Bella Unit 2B. The proposed Unit 2B partial replat is a replat of Tract R into 4 Lots (lots 208-211) and a common area park, Tract V. The subject property is located within the Riviera Bella Subdivision, west of Ft. Florida Road (please see the attached location map).
Riviera Bella Unit 2B was recorded on August 5, 2005 in map book 53, Pages 56 through 63 creating lots 119 through 207 (89 lots). It also created Tracts K, L, M, N, the private roads, Tracts O, P, Q,S, T, U, common areas, and reserved Tract R for future development as well as a conservation easement dedicated to St. Johns River Water Management District. The proposed replat is subdividing the reserved portion of Tract R for future development into four (4) new lots (lots 208-211) and creating Tract V for a park (common area). The park improvements have already been made as a part of Phase I and include a bathroom, parking, boat ramp and a gazebo. Once the proposed plat is approved an recorded, Tract V will be conveyed to the Riviera Bella Home Owners' Association. All infrastructure improvements have already been completed and only sidewalks
in front of the new lots will be needed when the lots are developed with homes.
The partial replat application was originally submitted in 2006 and underwent review by the City Attorney and Volusia County staff between 2006 and 2007, however, because of the recession the re-plat was never approved by City Council and recorded. The applicant is now trying to complete the approval process for the Unit 2B partial replat and record it in Volusia County Public Records. The re-plat has been reviewed by the City's surveyor for conformity with Chapter 177 of the Florida Statutes and the City Attorney as conducted a legal review of the re-plat and title opinion.
Land Development Code Regulations
The Final Plat application meets the provisions of the Land Development Code, Section 4-46 (Final Plat Review).
Findings of Fact
The request was reviewed by the City Planning Administrator, City Attorney and City Surveyor and all comments and concerns of the reviewers have been addressed and corrected. The applicant has also provided proof that all taxes are current for the subject property.
If City Council approves this application, City Council has determined that the applicant’s request for Final Plat approval meets the requirements of Chapter 4, Section 4-46 Final Plat Review of the Land Development Code.
Approve the Riviera Bella Unit 2B Partial Replat subject to the following conditions.
1. Payment of all required fees, deposits and costs may be applicable or required pursuant to the Land Development Code, and other
applicable laws, ordinances, and regulations shall be paid to the City prior to final Replat recording. The applicant shall be
responsible for all recording costs associated with the Replat and related documents.
2. The original signed Replat mylar and all original executed Replat-related documents are to be promptly recorded in the Public
Records of Volusia County, Florida, after Replat approval and only after satisfaction of all conditions of Replat approval. Upon
recording of the Replat and Replat-related documents, the applicant shall provide the City with a recorded copy of the Re-plat and
Re-plat documents to evidence proper recording.
3. It is the responsibility of the subdivider to ensure that all applicable requirements of the Land Development Code and Florida
Statutes relative to the subdividing and development of property are met prior to final Replat approval and recording. The proposed
lots on the Replat shall not be conveyed unless and until the conditions of approval have been satisfied and the Replat and
Replat-related documents have been fully executed and recorded in the public records.
4. Sidewalks will be required to be installed by builders adjacent to the proposed lots prior to issuance of a certificate of occupancy
for any home.
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other