Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve a Final Plat with Construction Plans for Becker Road at Riverland (P23-073)
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Submitted By: Bridget Kean, AICP, Deputy Director Planning and Zoning
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): This application is a final plat with construction plans for Becker Road at Riverland. The application was submitted by Riverland Development Company, LLC, pursuant to the approved construction agreement between the City of Port St. Lucie and Riverland/Kennedy II, LLC. Riverland/Kennedy II, LLC, is responsible for the platting and construction of Becker Road from west of the Becker Road/ SW Community Boulevard intersection to the west side of the intersection of Becker Road and N/S B. The construction agreement between the City of Port St. Lucie and Riverland/Kennedy II, LLC, was adopted on February 14, 2022 through Resolution 22-R27.
Section 156.059 of the Subdivision Code requires a performance bond or letter of credit to guarantee installation of required infrastructure improvements associated with the approval of a final subdivision plat with construction plans. The executed construction agreement between the City of Port St. Lucie and Riverland/Kennedy II, LLC, required Riverland/Kennedy II, LLC, to provide the City with a surety bond in favor of the City representing the City’s estimated cost for the construction of the Riverland Becker Road portion of the roadway. The surety bond was provided to the City. The cost estimate quantities used for the surety bond are the same as would be required for a performance bond for the final subdivision plat with construction plans. The construction agreement between the City and Riverland/Kennedy II, LLC, identifies the process for the surety bond to be reduced upon completion of construction similar to the requirements of a performance bond. Since the City already has a surety bond in favor of the City for the construction of the roadway, it is not necessary to require Riverland/Kennedy II, LLC, to also provide the City with a performance bond or letter of credit for the final subdivision plat with construction plans.
Section 156.023 of the Subdivision Code provides for the City Council to have the power to grant exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval in the Subdivision Code if the literal enforcement of one (1) or more provisions of the Subdivision Code is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. The Planning and Zoning Department recommends the City Council waive the requirement for a subdivision bond or line of credit required by Section 156.059 of the Subdivision Code as part of the approval of the final subdivision plat with construction plans for Becker Road at Wilson Groves for the reasons noted above.
Presentation Information: Staff may provide a brief overview of the project is requested by Council.
Staff Recommendation: Move that the Council approve the final plat with construction plans as recommended by the Site Plan Review Committee and waive the requirement for a subdivision bond or line of credit required by Section 156.059 of the Subdivision Code, since the City has a surety bond for the project.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the plat and waive the requirement for a performance bond or line of credit.
2. Move that the Council not approve and provide staff direction.
Background: The Site Plan Review Committee recommended approval of the preliminary plat with construction plans at the April 26, 2023, Site Plan Review Committee meeting.
Issues/Analysis: On February 14, 2022, the City Council adopted Resolution 22-R27 approving Becker Road construction agreements with ACR Acquisition, LLC, Mattamy Palm Beach, LLC, and Riverland/Kennedy II, LLC, for the construction of Becker Road from its current terminus west of SW Village Parkway to Range Line Road. Following approval of the construction agreements, the Public Works Department set up bi-weekly meetings with the developers, their consultants, and city staff to prepare the design and construction plans for Becker Road. On September 12, 2022, the City Council approved the preliminary plats for the three (3) segments of the roadway.
Financial Information: N/A
Special Consideration: N/A
Location of Project: The subject property is city owned right-of-way for the western extension of Becker Road that is generally located between Range Line Road and N/S B right-of-way.
Attachments:
1. Staff Report
2. Attachment A - Typical Section
3. Final Plat
4. Construction Plans
5. Landscape Plans
6. Irrigation Plans
7. Application and Authorizations
8. Warranty Deed
9. Reference: Executed ACR Becker Road Agreement
10. Temporary Blanket Flowage Easement
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 9982
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.