City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
ph: (386) 668-2040
fx: (386) 668-4122
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Last Updated: 2015/1/28
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Last Updated: 2015/1/28
City of DeBary SealCity Council Meeting
City of DeBary

Subject:  Approval of Riviera Bella Unit 3 Preliminary Plat/Construction Plans

From: Matt Boerger, Planning Administrator

Meeting/Hearing Date:  February 4, 2015

(   )  Ordinance
(   )  Resolution
(X )  Other
(   )  Supporting Documents/Contracts

Jerome Henin of Henin Group is seeking preliminary plat approval for a replat of a portion of Tract ‘S’ Riviera Bella from Unit 2B to Unit 3.  The proposed Unit 3 plat includes lots 212-249 as well as conservation and common area tract ‘W’, ‘Z’ and ‘AA’. The applicant wishes to replat Unit 3 in order to change nine (9) lots with a typical width of 70’ to thirteen (13) lots with a typical width of 50’. This will not increase the overall number of lots and is permitted by the approved Overall Development Plant (ODP).  The subject property is located within the Riviera Bella Subdivision, west of Ft. Florida Road (please see attached location map).

Background Discussion
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 a portion Tract S for future development into 38 lots (lots 212-249) and creating Tract ‘W’, ‘Z’ and ‘AA’ for common area.  Once the proposed plat is approved and recorded, Tract ‘W’, ‘Z’, ‘AA’, ‘X’ and ‘Y’ will be conveyed to the Riviera Bella Homeowner’s Association.  

The replat has been reviewed by the City’s Surveyor for conformity with Chapter 177 of the Florida Statutes and the City Attorney has conducted a legal review of the replat and the title opinion.

Land Development Code Regulations
The Preliminary Plat application meets the provisions of the Land Development Code, Section 4-45 (Preliminary Plat and Construction Plan Review of the Land Development Code).

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, it has determined that the applicant’s request for Preliminary Plat approval meets the requirements of Chapter 4, Section 4-45 Preliminary Plat and Construction Plan Review of the Land Development Code.

Recommended Motion  

Approve the Riviera Bella Unit 3 Preliminary Plat subject to the following conditions.

  • 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 plat recording.  The applicant shall be responsible for all recording costs associated with the plat and related documents.
  • The original signed plat mylar and all original executed plat related documents are to be promptly recorded in the Public Records of Volusia County, Florida, after final plat approval and only after satisfaction of all conditions of plat approval.  Upon recording of the plat and plat related documents, the applicant shall provide the City with a recorded copy of the plat and plat documents to evidence proper recording.
  • It is the responsibility of the entity subdividing the land 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 the final plat approval and recording.  The lots on the plat shall not be conveyed unless and until the conditions of approval have been satisfied and the plat as well as the plat related documents have been fully executed and recorded in the public records.

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other