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File #: 21-1033    Version: 1 Name:
Type: Request Status: Agenda Ready
File created: 9/8/2021 In control: City Commission
On agenda: 10/5/2021 Final action:
Title: ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION 712 NE 8TH AVENUE
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. 712 NE 8th Ave Right of Way Deed with sketch and Legal, 3. 712 NE 8th Avenue - Survey, 4. 712 NE 8th Ave Legal Review ROW Deed
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 5, 2021

Title
ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION 712 NE 8TH AVENUE

Body
Recommended Action:
Recommendation
Review and consider the acceptance of a right-of-way dedication located at 712 NE 8th Avenue.

Body
Background:
A Class V Site Plan Application is under review for the demolition of the existing structures and the construction of three fee simple townhomes. The project will require a minor plat pursuant to Land Development Regulation (LDR) Section 5.1.3(A): a plat is required for the subdivision of any lot, tract or parcel of land; and for the dedication, layout, opening or construction of any street, storm sewer, sanitary sewer, water main, or other facility for public use or for the common use of building occupants. The provisions of this section shall apply to all lands within the incorporated area of the City except as specifically exempted.

The application also requires a five-foot right-of-way dedication as the ultimate right-of-way width for NE 8th Avenue is 50 feet. Pursuant to LDR Section 5.3.1(A)(3) when development is adjacent to an existing or planned street, the development shall be responsible for providing one-half of the ultimate right-of-way or such portion of the ultimate right-of-way which is yet undedicated and which is on that development's side of the ultimate right-of-way center line. The current survey indicates that only 20 feet of right-of-way is provided on the development side, thus requiring a right-of-way dedication of five feet. In addition, pursuant to LDR Section 6.1.2(C)(2)(e); property line radii shall be 25 feet along local street at intersections; this dedication is also provided.

City Attorney Review:
Approved to form and legal sufficiency.

Funding Source/Financial Impact:
N/A

Timing of Request:
The timing of the request is important in order to allow the project t...

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