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HomeMy WebLinkAboutItem V(I) Del Guercio Estates - Preliminary /Final Subdivision Plans and Final Plat f AGENDA 9-20-94 ' "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V I dr5 ° CITY OF OCOEERUSTh OHNNSSON O 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS it* * (407)656-2322 JIM GLEASON r1.40 Op GOOD * C rIY MANAGER ELLIS SHAPIRO SRP-454 STAFF REPORT DATE: September 15, 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: Russ Wagner, Director of Planning0] SUBJ: Del Guercio Estates (Project No. 94-007)J Preliminary/Final Subdivision Plan Final Plat ISSUE: Should the Honorable Mayor and Board of City Commissioners approve the Preliminary/Final Subdivision Plan and Final Plat of Del Guercio Estates? BACKGROUND: The subject property is a 2 . 3 acre parcel located on the south side of Orlando Street just west of Sleepy Harbour Drive . A single family dwelling is situated on the westerly portion of this tract, and the owners wish to split off a second lot having a 95' frontage. DISCUSSION: Since the City does not presently have a short form platting process in place, staff has processed this simple lot split as a combined Preliminary/Final Subdivision Plan as well as a Final Plat . In order to implement this approach, normal public hearing requirements for a Preliminary Subdivision Plan are being followed, but typical subdivision informational requirements have been waived. Staff has, however, ensured that adequate utilities will be available to the new lot and that all required zoning requirements will be met for both lots . A few items still need to be provided to permit the Plat to conform to legal requirements . In the interest of time, these items can be administratively confirmed by staff and the City Attorney after City Commission action. Staff Report - Del Guercio Estates September 15, 1994 Page 2 PLANNING AND ZONING COMMISSION RECOMMENDATION: At their meeting of August 24, 1994, the Planning and Zoning Commission voted to deny the Preliminary/Final Subdivision Plan and Final Plat of Del Guercio Estates . The P&Z believes that sidewalks should be required and that another curb cut on Orlando Street would be detrimental to traffic. STAFF RECOMMENDATION: Based upon the unanimous vote of the DRC at their meeting of August 9, 1994, staff respectfully recommends that the Preliminary/Final Subdivision Plan and Final Plat of Del Guercio Estates be approved subject to the owner fulfilling the items cited by the City Attorney in the attached memo dated September 14, 1994 prior to execution of the Plat by appropriate City officials . RBW/emk Attachments cc : Frank and Beverly Del Guercio Project File #94-007 CITY OF OCOEE PRELIMINARY/FINAL SUBDIVSION PLANS AND PLAT PROJECT NO . 94-007 DEL GUERC'IO ESTATES 1RL;t4';/. . - ' '.‘ . ‘.... „ip 1.,:::.i'.„;.. .. :/.../. r v• / /7 . . , .. . . • • % . •',.,-4, /,.-:, .,,.„/ ., // ..„...., ...„..-,,,/.„., ...:/....y„...- 'al in. !./, //'. 1 "� prop • ,. ..:. , „ ♦ t .j • • • 0 ,v40. •400w • „,. •4biardtirggLikt, 404..../.....,...1„.10..../...:! V ogi ispa ... ..• .:::::: / / - f Ir. ak,''S** # ..-• • • - • 4°P .;'-1::•.!:•:. ‘-:-...';:.. / .-.- - 77 At.. • 0-t,V4116150,' Y... /., •.-: .. ,.. .. / :.:1*.106411001pAripial , ./. NNW 1 . iirm-• ' PP ' ' . _ •...,, • • Tag Ki ��k c LAKE PRIMA VISTA ! •F1 ' ' Ol =ass NZ':•=, .�E �� . S' .' i / LAND -` RO EC? �� :• ---1-': �R p � lipamso:-:81111111W,N,'' '• ' 15Fa- .i,,,,,,,,,.. .. . . . " .-/.,..,-7-,.!. ksigiva. sat,:on. ,s /. . . . : .iel:=..-52.-Eng/ MEI/ ..', . f:45.51115 1 - /, i. • • . .". MINVIgRaillaml '../ : . . MAW OMR � tut.�r 9 i��iL' /f /7'... �i _ •a, • . 'a 'f ii/f'�,% !�'// En asurtwir. um v Wilnkie Ng ;,/12r.nu Mari j /// 4 —_ /i:/j; :=/' / ../ Ft...-4,1-1',"*Aff rapaci,dour-.151-.• • . .110-- ..z, .. ,.Zie / " .ox agorizgatit N of / ..." '' • • - -1-, •• - - illf (FOR ILLUSTRATION PURPOSES ONLY) 09/14/94 16:46 FOLEY & LARDNER U002/004 • 0 r cgm FOLEY & LARDNER P III NORTH ORANGE AVENUE.SUITE 1800 SEP 1 5 1994 ORLANDO. FLORIDA 32B01 TELEPHONE 14071423-7656 CITY OF OCOEE • FACSIMILE IA071 648-1743 TAMPA. FLOFlIDA MAILING ADDRESS. MILWAUKEE, WISCONSIN JACKSONVILLE. FLORIDA POST OFFICE BOK 2193 MADISON. WISCONSIN TALLAHASSEE. FLORIDA WASHINGTON. D.C. WEST PALM BEACH, FLORIDA ORLANDO, FL.32802-2193 ANNAPOLIS. MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: Ernie Kovacs, Engineering Aide FROM: Steven W. Zelkowitz, Esq. , Assistant City AttorneyC00_, THROUGH: Paul E. Rosenthal, Esq. , City Attorneyc.,rr.. DATE: September 14, 1994 RE: Del Guerc_io Estates./Plat Review We have reviewed the following documents in connection with the Plat for Del Guercio Estates: 1. Revised Plat of Del Guercio Estates (the "Plat") ; 2. Plat of Survey prepared by Accuright Surveys of Orlando, Inc. dated June 16, 1994; and 3. Lawyers Title Insurance Corporation Subdivision Report dated August 29, 1994. Please note that the proposed subdivision has not yet received preliminary or final subdivision approval as required by Section 4-4 of the Land Development Code. In this regard, the comments set forth herein pertain only to the requirements for plat approval and recording as we have not reviewed the Plat for compliance ,with the requirements of the Land Development Code relating to preliminary and final subdivision approval. Based upon our review of the foregoing pursuant to the new Land Development Code, we have the following comments: • 09/14/94 16:47 FOLEY & LARDNER LJ0U3/UU4 Pat off .D Guerci9.rstates 1. Please provide a Statement of Prepaid Tax Deposit and Lien Settlement Requirements as well as certification of payment of taxes (receipt) and tax escrow receipt (prepaid taxes for the current year) . The Applicant has informed this office that the amount of the taxes has been determined by the Orange County Tax Collector and that such payment will be made prior to the scheduled City Commission meeting. 2. The Subdivision Report indicates that there are two easements and two mortgages encumbering the property. First, the easement to Florida Power Corporation (recorded in OR Book 3832, Page 571) lies within the buildable area of Lot 2 and would prevent development in the easement area. This easement should be relocated to the property line between Lots 1 and 2. A portion of the other easement to Florida Power Corporation recorded (in OR Book 2544, Page 385) also lies within the buildable area of Lot 2. Such portion of this easement should be released as such easement should terminate at the property line between Lots 1 and 2. The Plat should not be recorded until these easements are relocated and partially released as indicated above. (Attached hereto is a copy of the portion of the Plat affected by the easements. ) Section 177.081, Florida Statutes, requires that all mortgagees having an interest in the lands being subdivided execute a joinder and consent on the plat or by a separate instrument. The first mortgagee, Great Western Bank, has agreed to execute a joinder and consent which has been has been forwarded to the bank for signature. The Applicant has indicated that one of the second mortgagees, J. B. Barnard, is "incapacitated" and cannot sign a joinder and consent to the Plat.- ' Further, Mr. Barnard has not previously executed a power of attorney which would allow someone else to sign on his behalf. A joinder and consent from Mr. and Mrs. Barnard is statutorily required before the Plat can be recorded. 3. The City should confirm that the legal description accurately identifies the property. If you have any questions or comments, please do not hesitate to call. -2- 09/14/94 16:47 FOLEY & LARDNER W004/004 . 261, 11 ' . � . 765.66' iZ.�• 85,45' r -- -.rT,� - I I iI N ?RACY 't '-, I RETFtTTO ti; I � f M 1 I I + • - _ . -_ N 1 1 LOrt ( oi .. 1 • . . - ,� z�T 1 v• LOT I ,�� � I I i4 S I I at . 1.--o idI) .y: 1 �i , i g i : t .-7 . . ,ik 1 0 ,, w fAI P ezi. Z,stAo, y6 Jath InI 1 N Flb -Ez-___......4.... .. _ Ipit I I it col i • . o 1 Zz I� ;,w )-- i^ 4, LG l :iv) • y _ 1t. c The Orlando Sentinel,Sunday,August 14, 1994 • NOTICE ISSthat e OCOEE PLANNIN(t''ASND ZONING COMMISSION will hold a PUBLIC HEARING on August 24, 1994 at their regular scheduled meeting, and the OCOEE CRY COMMISSION wilt hold PUBLIC HEARING on September 20,' 1994 at their regular scheduled meeting, Both meetings will Abe held at 730 p.m., or as soon thereaft as possible,in the Community Center, 125 N. Lakeshore Drive,Ocoee, Florida to approving the• DEL GUERCIO ESTATES,PPEUUIN- ARY/FINAL SUBDIVISION PLANS AND PLAT. The legal description and site location are as follows:A 2.3 acres more or lees portion of Section 20, Township 22, Range 28 and being subject to it�yiyy Rights-of-Way or Easements of Re,JIJ. A y metes-and-bounds legal de- sclption is available for inspection at the Ocoee Planni Department,150 N. Lakeshore Drive, Ocoee. Florida. The address of the site is 411 Orlando Ave- nue, located on the south side of the street and 2,500 feet east of Bk.ford Avenue. Copies of the proposal may fried in the Ocoee Planning uepertrnent 150 N. Lakeshore Drive, between the hours of 8:00 a.m.and 5:00-p.m.,Mon- day through Fnday,or phone 6562322 Interested parties may appear at the meetingand be heard with respect to the propo . Any person who desires to appeal any decision made during the public hearings may need a record of the proceeding(s) and for this purpose will need to ensure that a verbatim re- cord of the proceeding(s) is made which includes the testimony and evi- dence upon which the appeal is based. Jean Grafton,City Clerk OLS8A64025 August 14,1994. AGENDA 9-20-94 Item V I -�� r LAT aOC PAGE GUERC10 EsDEQ -DELESTJUE CIO _LTE = DEDICATION TY . KNOW AL1_ MEN B y rt*:SE PRESENTS , That the undersigned, - � rS,�Z� RANGE 28 EAST the owner in fee simple of the Janda described in the SECTION 0, TOWNSHIPforegoing caption to this plat, do hereby dedicate said lands CITy OF OCOEE - ORANGE COUNTY,FLORLDA and plat for the uses and purposes therein expressed and NORTH LINE OF THE . , S. E. 114 OF THE N. W. 114 dedicate the. S 6g`00'22" E SEC77ON 20-22S-28E shown hereon to the perpetual use of the pubii 332.66' WEST UNE OF THE EAST IN WRI�SS WHEREOF, , The undersigned. : t- ereYnto - . -'V-- - - -� 8 CHAINS OF THE WEST sst •� bond and seal on .14� 9. . . . 13 CHAINS OF THE S.E. 1/4 ORLANDO S OWNEAMC OF THE N. W. 1 /4 OF-------- P.O. 7RFI % (WHITEROAD)c C. SECTION 20-22S-28E P.O.B - N. W. CORNER OF THE S.E. 114 1 NE CORNER OF A PARCFI R�W VARJiES OF THE N. W. 1/4 OF SECTION n S OF LAND DESCRIBED - 20-22S-28E :oN - _ ._ E' 276_37_ _ IN O.R. 4156, PAGE 2240 SOUTH �� FRANK T. DEL QUER I R/W UVh n E OF WH/7E'ROAD W. 4'x4' c1t x,� S �". r��+ cs12ss �CJr���c�s BEVERLY DEL GUERCIO GV1.1,� 0.31 S. � 16,5.66J 0.41, _ t..--oo ,SUBDMSION q I i N STJ�TE t�F� LSOF ORANGF, i N TRACT POND (t° IM IS TO CERTFY, That on . . . � i before me, an officer duly authorized to take I acknowledge- ents i e [ tat�nd Co my aforesaid nail appeared 1'rceX1�'ee-rsonally known to me or I pruce 44 following identification: and did W not) take an oath thoC�bi:-e/she s the person .o�sco1� 8 NS OF THE NORTH 12 . I � I descr in and who executed the foregoing dedication and THAT PART OF THE Sd S'T C+' WNS -OF THE WEST 13 CHAT LOT I i • 'f roe 1�2 CHAINS OF THE SOUTHEAST OF THE NORTHWEST 1/4 OF SEC77ON 20, \ therein severally acknowledged the execution thereof re be d. TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA DESCRIBED AS \ I a act and deed for the uses and purposes therein expressed. FOLLOWS. \ LOT 2 COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST \ 1 o LOT 1 IN MTNE�S M1'I1ERF#, I have hereunto set my hand and seal 1/4 OF SAID SECTION 20, THENCE RUN S.89'00'22-E. ALONG THE NORTH W 1 on the above date. UNE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 332.66 v. I N S.00'06'04"W. ALONG THE WEST LINE OF THE EAST 8 FEET; THENCE RU 1 4 OF THE NORTHWEST �ICQC CHAINS OF THE WEST 13 CHAINS OF SAID SOUTHEAST / 1/4 A DISTANCE OF 27.34 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WHITE �V NOTARY ROAD; THENCE RUN S.83 3. ALONG SAID RIGHT-OF-WAY 276.37 FEET; TO THE NORTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN O.R. 4156, A `� I I PAGE 2240 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND THE NOTARY PUBLIC; STATE OF FLORIDA AT LARGE POINT OF BEGINNING; THENCE CONTINUE S.83'33'04"E. ALONG SAID RIGHT- '� w I 1 \ - _ - _ - _ - O BO DED THRUI EXPIRES WNAPR14, 199'3 ' P ST I N£' OF THE WEST 13 CHAINS OF SAID >� "` _ 1 ` aJ BONDED THRU ASHTON AGENCY pgdi OF-WAY 261.11 FEET TO THE EA THENCE RUN S.00'S2'10'W. ALONG SOUTHEAST 1 4 OF THE NORTHWEST 114; o (/� --r3 - x / NCE RUN N89' 10'24"E • 276.81 FEET TO li \ '- i W Q SAID EAST LINE 361.19 FEET; THE \ EAST CORNER OF AFORESAID PARCEL OF LAND; THENCE RUN � � 1 � Z. � (Print, Type, or Stamp Gommisstoned�lVame of.Nof`ary Pubi[) THE SOUTH tp N.03'22'40"! 387.15 FEET TD THE POINT OF BEGINNING. `\ M Personally Known ® OR Produced Identification 0 \ 1C.D .- Type of 1. D. Produced LA Y CONTAINING THEREIN 2.306 ACRES MORE OR LESS. 1 _ CERTIf ICAT� OF SURVEYOR10 N !I 3 4P"�PB I ui C-4LOT 2 g ��� zrga, PG 385 I N m kNW N1 WEN I'� ey • ENTS, That the undersigned. w Qr( 1 v being a licensed and registered land surveyor, does hereby I . o certify that on JCI NE 16,• 195 • .he completed s survey of the ..lands as shown in the foregoing plat or pian; that said plot correct representation he lands therein describedandplattedosbdvded; that permanent � 3 � - - • - - • - reference monuments have been placed as shown thereon as required by Chapter 177. Florida Statutes; and that *old i� land is located in Orange County. Florida. Signature .� .. "1- - o ? �► FRANK A RA ND Registration No. PLS 4007 o o Lor 3 CERTIFICATE OF APPROVAL BDAR D 6F C I TY GOi' MISSIOAIER4S 0 14 7M IS TO CERTIFY, That on . . . . . . . . . . . . . .the fere9o1r9 p/af or P/ar, Was 2_PP,-0,V !' by Ae 13darl of, • 1 _ • _ _ , _ _ , _ _ . - �it� Ga.,,.w,�ssio.�crs aYr DGoce, �/ori d a . 1 G/TY 47 0je,VZY MAY(* 1 f}TT=,sr: tQ) GRAPHIC SCALE LOT 4 1 CITY CLEW 1 0/ 15/30/ 6 D` 90/ ' CERTIFICATE OF APPROVAL BY 181.81' 95.00' 1 - CITY PLANNING D t R EC TD R p _S.E. CORNER OF A PARCEL N 89' 1-0 24. W 278.8 ' _ - - - - - - - EXN+IHM 1 30" OF LAND AS DESCRIBED IN APPROVED O.R.4156, PAGE 2240 l LOT 5 G dTY PL/9NN//VG 17/i2EG T02 DATE LEGEND NO T PLA T TED VICINITY MAP N. T. S. CERTIFICATE OF APPROVAL BY ' CITY ENGINEER CY - CONCRETE MONUMENT - CENTMdL ANGLE Elp - EDGE OF PAVEMENT BSMT - EASEMENT FFE - YMSSED FLOOR ELEVATION FND -FOUND SILVER STAR ROAD' IR EXAMINED- IRON ROD IP - IRON PIPE L - CURVE LENGTH MEAS - YEA NOTES: �Ond N&D - NAIL & DISK PC - POINT OF CURVATURE APPROVED . PI -POINT OF INTERSECTION POB -POINT OF BEGINNING 1. BEARINGS SHOWN HEREON ARE REL4TNF TO ASSUMED pATUM, BASED ON CITY ENGINEER DATE POC - POINT OF COMMENCEMENT PRM - PERMANENT REFERENCE MONUMENT THE SOUTH R W OF ORLANDO STRFfT (WHITE ROAD) BEING O.R. - OFFICLLL RECORDS BOOK 1? - RICHT OF FAS. E Y 83'33'04" SITE R _ RADIUSf�� - ,�owE2 . o CERTIFICATE OF COUNTY COMPTROLLER 2. N DENOTES A PERMANENT REFERENCE MONUMENT, A 4" X 4" CM WITH A BRASS DISC MARKEp "PLS jf4007 PRM." UNLESS OTHERWISE NOTF11. W I HEREBY CERTIFY, That I have examined the foregoing plat 3. "T11E G/TY /s - /LIB-JEGT TO T11A"' TEfZMS '0ZDI//S-1 V_r .9N0 STC•ILTID�f/S ORLANDO STREET and find that it complies in form with all the requirements Z9,Fr FS . G,r1APTE.2 /6.3 GDNG6"2N/NG 1-1 PZATOR/UNIS e)N THE 1SSL1ANLE WHITE ROAD OF G'U/L�/NG .'F2rrCr UNDF/L L�-.eTi4/N G/(tGLIMSTiSL/i/lES . Tfi� G/Ty Q of Chapter 177, Florida Statutes, and was filed for record hS A/O G.Bk/,,C!/L .4UiWeZ17Y TO FXE�PT ANY P•eILIA7Z ENT/TY �.G /TSELC �II�M T11Fi4PPL/G�}T/DN d�.JUGf1 .STi4>A' LEG/SL/�T/UN AA10 On - NOTiS</,t/! NE,Q E/N Sfi`ALL CfE GONST2!/�7� fJS S!/!/1 f!N .EXG�I�T/O/V." at . . . . . . . . . . . . File No. NOTICE: "THERE MAY BE ADDIfi10NAL RESTRICTIONS THAT ARE NOT RECORDED BLUFUORD AVENUE pf OrLctndo 1-7-Lc. ON THIS PLAT THAT MAY BE FOUND IN THE ?UBLIC RECORDS OF THIS COUNTY" . . . . . . . . . . . . ,2 O 1,2. E. Robinson 5 t. County Comptroller ,MC GEE HWY (S-R- 50) in and for Orange County, Fla. prZcxndo, �Zorida� 32843 Ely . . . . . . . . . . . . . . . D.C. 07)894-6314(4-