Title
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TLDR-24-01, Revisions to Subdivision Regulations Phase 1
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Requested Motion/Action
Department Making Request
recommendation
Community Development
Approve an Ordinance of the Board of County Commissioners of Charlotte County, Florida, amending Charlotte County Code Chapter (Ch) 3-5: Planning and Development, by 1) revising Article II: General Control of Development, Division 1: Generally, Section (Sec.) 3-5-24: Survey; plats, and 2) repealing Article III: Plats, which was adopted in 1986. In addition to amending Ch 3-7: Subdivision Regulations, by 3) revising Article I: In General, Sec. 3-7-1: Purpose; Sec. 3-7-5: Definitions; and Article II: Procedure for Plat Approval, by revising Sec. 3-7-21: Steps to record final plat, now referred to as Application Process, Sec. 3-7-22: General requirements; Sec. 3-7-23: Basic application process, now referred to as Procedure, generally; Sec. 3-7-26: Preliminary plat procedure; Sec. 3-7-27: Agency review, now referred to as Preliminary Plat Review; Sec. 3-7-31: Construction plans procedure; Sec. 3-7-32: Authority granted by approval, now referred to as Authority granted by preliminary plat approval; Sec. 3-7-33: Limit of approval, Sec. 3-7-34: Amendments and changes, now referred to as Effective date; Sec. 3-7-35: Final plat procedure generally; Sec. 3-7-36: Review, now referred to as Final Plat Review; Sec. 3-7-37: Approval by the board of county commissioners, now referred to as Approval of the Final Plat; Sec. 3-7-38: Recording of the final plat; 4) creating new Sec. 3-7-26: Determination; 5) renumbering various sections; and 6) repealing Sec. 3-7-24: Zoning; Sec. 3-7-28: Planning director; Sec. 3-7-29: Planning and zoning board; and Sec. 3-7-30: Approval by the board of county commissioners to remove the requirements of public hearings. Additionally, 7) revising Article III: Standard Requirements for Subdivision Applications, Sec. 3-7-65: Certification of improvements or performance guarantee; Sec. 3-7-66: Maintenance, materials, and workmanship warranty bond after construction is complete; and Article V: Design Standards, Sec. 3-7-106: Suitability of land; and Article VI: Acceptance of Public Roads for Maintenance, Sec. 3-7-121: For infrastructure to be constructed prior to final plat; Sec. 3-7-122: For infrastructure to be bonded instead of built; and Article VIII: Enforcement, Sec. 3-7-141: Building permits, now referred to as Building and other permits; 8) repealing Sec. 3-7-142: Other permits; 9) repealing Article VII: Procedure for Minor Subdivisions, and providing for conflict with other ordinances; providing for severability; and providing for an effective date. This is the first phase of proposed changes to the County Code to streamline the platting process and align the regulations with Florida State Statutes. Application number: TLDR-24-01; Applicant: Charlotte County Board of County Commissioners. This applies countywide.
Legislative
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Agenda Item Type
Public Hearing
Budgeted Action:
No action needed.
Background (Why is this Action Necessary, and What Action will be accomplished)
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Background:
The County’s platting process and regulations were originally established in Ch 3-5: Planning and Development, Article III: Plats in 1986. The County’s subdivision regulations were established in Ch 3-7: Subdivision Regulations and adopted by the BCC on October 6, 1992. Since the subdivision regulations were adopted in 1992, only a few amendments have been made. The current regulations for subdivisions and platting are antiquated and per the BCC’s direction, staff has been tasked to propose changes and updates to these regulations to:
1) Streamline the platting process by removing the requirements for public hearings.
2) Align the code with Florida Statutes, as amended.
3) Meet the requirements of SB 812, which was approved by the Governor on May 29, 2024.
4) Remove outdated regulations and requirements.
Staff have held ongoing discussions on proposed revisions to the subdivision regulations since February this year and have met with Lee County, Collier County, and Sarasota County staff to discuss their platting processes and the requirements of SB 812. Staff have held four roundtable discussion meetings with stakeholders to discuss the proposed changes and received overwhelming support for the revisions to the subdivision regulations. Due to the requirements of SB 812, s. 177.073(2)(a), Florida Statutes, a program must be created to expedite the process for issuing building permits for residential subdivisions or planned communities before a final plat is recorded by October 1, 2024. Thus, staff have prioritized meeting the requirements of this legislation with the first phase of revisions to the subdivision regulations.
On July 8, 2024, the proposed revisions for phase 1 of the subdivision regulations was presented to the Planning and Zoning Board for their recommendations.
What Action will be accomplished?
If approved, the County’s subdivision regulations will be revised with the proposed changes for phase 1. There will be no requirements for public hearings for the application for a preliminary or final plat. The subdivision regulations will be more consistent with state law and meet the requirements of SB 812 or s. 177.073, Florida Statutes.
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