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Manatee County Government Administrative Center First Floor Chambers November 5, 2015 - 9:00 a.m.
November 5, 2015 - Land Use Meeting
Agenda Item #5


Subject
Resolution R-15-127 vacating a improved platted right-of-way at San Miguel Cove, at Riva Trace Subdivision, University Park, Florida 1918915359

Briefings
None

Contact and/or Presenter Information

Margaret Daniell, Interim Property Acquisition Division Manager, Property Management, Extension 3009.

Tim Cristello, Real Property Specialist, Property Acquisition Division Management, Extension 6284.



Action Requested
ADOPT Resolution R-15-127.

Enabling/Regulating Authority
  • Manatee County Land Development Code Chapter 9, Section 911.3, Public Hearing requirements for Vacation of Streets, Road, and other Appropriate Property.
  • Florida Statutes Sections 336.09 and 336.10 et seq., Closing and Abandonment of Roads.


Background Discussion
  • The applicant, Mandarin Development, Inc., is requesting vacation of 600 square feet of improved platted right-of-way known as San Miguel Cove that currently provides emergency and secondary means of access.  The applicant has also submitted an application to amend the access points for the Riva Trace Subdivision and this application will be heard at a public hearing on the same agenda as the street vacation application.
  • This vacation is to eliminate an emergency inter-neighborhood connection between Riva Trace and Carriage Run Subdivision.  The vacation would allow Riva Trace to eliminate the expense of maintaining a remote-operated access gate.
  • Jurisdictional reviews by appropriate county departments and private utility companies serving the location to be vacated have been notified of the intention to file a vacation.
  • Public Safety does not support the vacation of the emergency access to Riva Trace because the cul-de-sac is 2400 feet in length, which is three times the normal limit.
  • Building and Development Services does not support the vacation; states Ordinance No. PDR-04-14(P)(R)-Riva Trace, LLC/Riva Trace contains Findings of Fact in Item "E" concerning the need for emergency access point since it was part of the specific finding of fact when the BCC approved the revised Preliminary Site Plan for Riva Trace Subdivision on May 25, 2010.
  • Per Public Works request, the applicant will be providing a  permanent utilities easement for drainage and utility over the area requested to be vacated.  This permanent utilities easement addresses the concerns noted by the Public Works Department during the Jurisdictional review process.  This is being presented subsequent to the approval of the right-of-way vacation on the consent agenda today.
  • According to the applicant the vacation complies with the technical requirements of the Manatee County Land Development Code and pertinent Florida Statutes.  The applicant, states the secondary means of access is not required.
  • All expenses associated with the subject vacation will be paid the applicant.
  • Manatee County's application fee of $800 has been paid


County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Schenk

Instructions to Board Records
Please provide a certified copy of the resolution to Tim Cristello, Property Management Department, 1112 Manatee Avenue West, Suite 800, Bradenton, Florida 34205.

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Mandarin Development Inc Application and Deed.pdf
Attachment:  Mandarin Development Inc Jurisdictional Reviews.pdf
Attachment:  RLS-15-078 & RLS-15-197.pdf
Attachment:  Mandarin Development Inc. Resolution R-15-127.pdf
Attachment:  Bradenton Herald Notice and Affidavit Attesting to the Posting of Public Notice (3).pdf
Attachment:  Mandarin Development Inc Location Map.pdf