TO: Mayor and Commissioners
FROM: Timothy Stillings, Director, Planning, Zoning and Building Department
THROUGH: Donald B. Cooper, City Manager
DATE: May 3, 2016
Title
APPROVAL OF A REVISED FINAL SUBDIVISION PLAT FOR TROPIC CAY 2 LOCATED SOUTH OF AVENUE “F”, BETWEEN FREDERICK BOULEVARD AND FLORIDA BOULEVARD.
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Recommended Action:
Recommendation
Motion to Approve the revisions to the Final Plat for Tropic Cay 2, as the proposed changes are consistent with the findings of fact and law contained in the original staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations.
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Background:
The item before the City Commission is to approve revisions to the final plat for Tropic Cay 2. The subject property is located south of Avenue “F”, between Frederick Boulevard and Florida Boulevard.
On January 19, 2016, the City Commission approved the Final Subdivision Plat for Tropic Cay 2. The plat incorporates the Tropic Cay plat and Lots 51 through 56 inclusive, Block 35, Del-Raton Park. The subject property is partially developed and contains an existing 8-unit townhouse development located on the west one-half of the property which fronts on Frederick Boulevard (Tropic Cay). The east half of the property is vacant and the applicant proposes the construction of a 5-unit townhome building on Lots 51 through 56 inclusive, Block 35, Del-Raton Park, fronting on Florida Boulevard (Tropic Cay Phase II).
The proposed changes to the approved Plat include revisions to the description of Tract “A” within the dedication statement and inserting the words “Block 35” within the title of the plat.
Upon review by the City’s Reviewing Surveyor, it was determined that the description of Tract “A” should be revised to clearly specify the rights and obligations for that parcel. The dedication language previously approved plat and proposed language for Tract “A” is noted below:
Previously Approved Language:
TRACT “A” IS HEREBY DEDICATED TO THE TROPIC CAY HOMEOWNERS ASSOCIATION AS A PRIVATE STREET AND FOR PUBLIC USE AS A PUBLIC RIGHT-OF-WAY FOR STREET AND UTILITY PURPOSES, TO BE OWNED AND MAINTAINED BY SAID ASSOCIATION WITH THE RIGHT OF THE CITY OF DELRAY BEACH TO ACCESS AND REPAIR WATER AND SEWER MAINS WITHIN SAID TRACT”
Proposed Language:
TRACT “A” IS HEREBY DEDICATED TO THE PUBLIC AS PUBLIC RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS AND UTILITY PURPOSES. OWNERSHIP OF TRACT “A” SHALL NOT BE CONVEYED TO THE CITY OF DELRAY BEACH BY VIRTUE OF THIS DEDICATION; HOWEVER TRACT “A” MAY NOT BE UTILIZED AS A PRIVATE STREET, AND NO BARRIERS TO PUBLIC ACCESS OF TRACT “A” AS DEDICATED ABOVE MAY BE ESTABLISHED. ANY EFFORT TO EXTINGUISH OR MODIFY THIS DEDICATION FOR PUBLIC RIGHT OF WAY REQUIRES FURTHER ACTION BY THE CITY OF DELRAY BEACH IN ACCORDANCE WITH ITS APPLICABLE LAWS AND REGULATIONS.
Additionally, the title of the Plat has been revised to insert the block reference i.e. “Block 35” within the legal description, to read as follows:
TROPIC CAY 2
BEING A REPLAT OF LOTS 51 THROUGH 56, BLOCK 35, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, AND A REPLAT OF THE TROPIC CAY PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 109, PAGE 43, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
City Attorney Review:
Approved as to form and legal sufficiency.
Timing of Request:
The plat is needed for building permits. The project has been delayed while the plat dedication language was being revised.