Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 7, 2014
August 7, 2014 Land Use Meeting
Agenda Item #10

LDCT-14-04/Ordinance 14-24 - Land Development Code Text Amendment - Certified Lots - Legislative - Lisa Barrett

Briefing Provided Upon Request

Contact and/or Presenter Information

Lisa Barrett

Planning Manager

941-748-4501 ext. 6884

Action Requested
No Action Necessary; this is the first of two required public hearings. The second public hearing is scheduled for September 4, 2014.

Enabling/Regulating Authority

Manatee County Land Development Code

Manatee County Comprehensive Plan

Background Discussion

• Staff recommends a Code Amendment to Chapter 9, Subdivision Procedures and Standards, and Chapter 2, Definitions to create a new or third type of subdivision.

• Chapter 9 of the Manatee County Land Development Code sets forth the procedures and standards for subdivision of land within the County.
• Currently, there are two types of subdivision approvals, minor and major. 

o A minor subdivision is a residential subdivision containing less than eleven (11) lots or parcels of land and never involves the establishment of a new street.  
o A major subdivision is a subdivision of land containing eleven (11) or more lots or any time the division of land results in the establishment of a new street; or the creation of six (6) or more lots on an existing unpaved, county street.

• The problem with the current code provisions is when a third lot or parcel is created from a tract of land.  By today’s requirements, the splitting of a parcel (less than 5 acres each) one time does not require subdivision review or approval by Manatee County.  The problem occurs with the second split.  Once three lots are created, a plat, requiring County review and approval, is required.  Unfortunately, this is not typically discovered until the property owner for the third lot tries to obtain a building permit, at which time, the property owner is told they must plat the one lot.  This is often time consuming and costly for a property owner who was only expecting to apply and receive a building permit for the construction of a new home.  At this point, it is usually too late to require the overall parcel (first two splits) to also enter into the plat, so one (1) lot subdivisions are often created. 
• Staff recommends creating a third subdivision type which will include the splitting of any parcel once into two lots, with each created lot under five acres.  This type of subdivision will be known as a Certified Lot(s). This will ensure that all property is split according to the zoning regulations in effect and that buildings permits maybe issued for the newly created lots in the future (i.e., minimum lot size, uplands, and setbacks are provided). The parent tract of the Certified Lots(s) shall front an existing public or private street built to current Manatee County Development Standards.  Creation of a new street shall require a Major Subdivision review (platting).  Access by easement is permitted pursuant to LDC Section 712.2.7.

• The review process for the Certified Lot(s) will be administrative.

• Staff recommends approval of the amendment.

• On June 12, 2014, by a vote of 5 – 0, the Planning Commission recommended approval.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email on May 20, 2014.

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Staff Report - LDCT-14-04_ORD-14-24 - Certified Lot - 8-7-14 BC.pdf
Attachment:  Attach 1 - Review Procedures - LDCT-14-04_ORD-14-24 - Certified Lots - 8-7-2014 BC.pdf
Attachment:  Attach 2 - Submission Requirements for Completness Review - LDCT-14-04_ORD-14-24 - Certified Lots - 8-7-14 BC.pdf
Attachment:  Attach 3 - Distribution of Submittals - LDCT-14-04_ORD-14-24 - Certified Lots - 8-7-20BC.pdf
Attachment:  Attach 4 - Approval Form - LDCT-14-04_ORD-14-24 - Certified Lots - 8-7-2014 BC.pdf
Attachment:  Copy of Newspaper Advertisement - Sarasota - Ord. 14-24 - Certified Lots - 8-7-14 BC.pdf
Attachment:  Copy of Newspaper Advertising - Bradenton - Ord. 14-24 - Certified Lots - 8-7-14 BC.pdf
Attachment:  Ordinance No. 14-24 Certified Lots - 8-7-2014 BC.pdf
Attachment:  Public Comment Letter - LDCT-14-04-Ord. 14-24 - Certified Lots - 08-07-2014 BC.pdf