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Public Hearings 10.
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| BCC Regular Meeting |
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| RECOMMENDATION: |
5:33 p.m. Public Hearing for consideration of the Petition to Vacate a Portion of the Siguenza Cove Plat, as petitioned by Perdido Key Oyster Bar, Restaurant & Marina, LLC, and Gilbreath-Petz Development, LLC.
Recommendation: That the Board take the following action concerning the Petition to Vacate a Portion of the Siguenza Cove Plat, as petitioned by Perdido Key Oyster Bar, Restaurant & Marina, LLC, and Gilbreath-Petz Development, LLC:
A. Approve or deny the Petition to Vacate a Portion of the Siguenza Cove Plat;
B. Accept the Hold/Harmless Agreement;
C. Adopt the Resolution to Vacate; and
D. Authorize the Chairman or Vice Chairman to accept the documents as of the day of delivery of the documents to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute them at that time. |
| BACKGROUND: |
Siguenza Cove Subdivision is an 84 lot subdivision located east of Perdido Key Drive (State Road 292) and south of the Intercostal Waterway. Perdido Key Oyster Bar, Restaurant & Marina, LLC, and Gilbreath-Petz, LLC, are petitioning the Board of County Commissioners to consider the request to vacate lots 4, 5, 6, 7, and 8 of Block 2, as recorded in Plat Book 5, at Page 12, of the Public Records of Escambia County, Florida. The Petitioners' intent is to use the lots as overflow parking to keep customers from parking in the right-of-way of the public streets. The Petitioners are aware that commercial traffic will not be allowed use of Siguenza Drive.
There are no encroachment issues involved with this Vacation request. The Petitioners have contacted all utility companies concerned and there are no objections. No one will be denied access to his or her property as a result of this vacation. The Perdido Key Master Plan does not play a role in the Vacation request.
There are a few concerns from staff regarding the request to vacate. The Board should be aware that the proposed vacation of the lots could potentially allow for commercial uses to intrude into a residentially zoned subdivision. If the request is approved, the owner could apply Land Development Code (LDC) Section 3-1.3(d): "Where a zoning district boundary divides a parcel that is ten acres or less in size and not part of a platted residential subdivision, the zoning district of the larger portion may be applied to the entire parcel if requested by the parcel owner, consistent with the applicable FLU category, and in compliance with the location criteria of the requested zoning." The upzoning could allow full commercial use of lots 5, 6, & 7 without rezoning. Also, Design Standards Manual (DSM) Section 2.2-6, addresses commercial traffic in residential areas and states "No permit, development order, or other approval shall be issued for any proposed commercial use which requests primary, secondary, or limited access onto a local street if that street is fronted by more than 50 percent residential zoning in the following districts: LDR, MDR, R1PK, R2PK, measured in linear feet along the centerline of the local street impacted by the proposed development. This provision will not apply when its strict application would deny all access to a parcel that is zoned for any commercial use." Currently, the proposed vacation area of the plat contains lots that are zoned LDR-PK, and as previously stated, the petitioners are aware that commercial traffic will not be allowed use of Siguenza Drive. |
| BUDGETARY IMPACT: |
Indirect staff cost associated with the preparation of documents and recommendation.
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| LEGAL CONSIDERATIONS/SIGN-OFF: |
N/A
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| PERSONNEL: |
| All work associated with this request is being done in-house and no additional staff is required. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
This recommendation is based on the Board’s Subdivision Plat Vacation Procedures - Section III(A) and Florida Statutes, Chapter 177.
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| IMPLEMENTATION/COORDINATION: |
Upon Board approval of the Petition to Vacate, the necessary documents will be signed and delivered to the Petitioner or to the Petitioner's agent, who will have the documents recorded in the public records and will have notices published.
Staff has been in contact with Jeffery Sauer (Smith, Sauer, & DeMaria), agent for the Petitioner, Perdido Key Oyster Bar, Restaurant & Marina, LLC (Emile Petro), and Gilbreath-Petz Development, LLC (Jerry Gilbreath). It is the responsibility of the Petitioner or the Petitioner's agent to advertise the Notice of Public Hearing.
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