1835 Seminole Rd. - Extension of Vesting DeterminationCITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5826
FAX: (904) 247-5845
www.coab.us
May 28, 2009
1 ~iB.L
Mr. and Mrs. J. Dezmond Waters, III
1835 Seminole Road
Atlantic Beach, Florida 32233
Re: Extension of Vesting Determination
Dear Mr. amd Mrs. Waters:
This letter serves to confirm that the City Commission, at their May 26, 2009 meeting granted
your request to extend a previously rendered Vesting Determination, a copy of which is attached
hereto.
As such, this Vesting Determination is extended until October O5, 2014, which means that a
building permit must be issued and construction of the two-family dwelling must be commenced
by that date.
Feel free to call me at 247-5826 with any questions.
Sincerely,
at .~d~--
Son~oerr AICP
Y
Community Development Director
cc: Donna Bussey, CMC, City Clerk
r.
October O5, 2004
James Dezmond Waters, III
1835 Seminole Road
Atlantic Beach, Florida 32233
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5845
http://ci.atlantic-beach.fl.us
f~Cf Cppy
Re: Vesting determination related to proposed two-family dwelling upon Lot 10, within
the Ocean Grove Subdivision, Unit 2
Dear Mr. Waters:
I write in response to your request for a vested rights determination related to proposed
redevelopment of your above referenced property with a new two-family dwelling. Your lot on
Ocean Grove Drive is zoned Residential, Two-family (RG-1) and is currently designated
Residential, Medium Density by the Comprehensive Plan for the City of Atlantic Beach. The
City has adopted Comprehensive Plan amendments, which when effective upon issuance of a
Final Order from the Department of Community Affairs, shall change the land use designation of
your property from Residential, Medium Density to Residential, Low Density.
You have specifically requested that the proposed development project be vested from the
change in density designation, which would limit the future redevelopment of your lot to a
single-family residence only. Lot 10 contains 7500 square feet of lot area, and is currently of
sufficient size for two dwelling units. The change in density designation, however, will require
14,500 square feet of lot area for new two-family dwellings.
Based upon review of information submitted with your request, the intended plan for
redevelopment of your property has been established prior to the effective date of the change in
density designation. The City finds that you, or your successor or assigns, are entitled to
common law vested rights, for a period of five (5) years, exempting the proposed development
from the change in land use designation from Residential, Medium Density to Residential, Low
Density in that each of the following criteria are demonstrated.
1. An act of the government will occur. The City will adopt Comprehensive Plan
amendments in September of this year, and said amendments will change the land use
designation of your property from Residential, Medium Density to Residential, Low
Density.
~; .
Page two
Mr. Waters
October O5, 2004
2. .The property owner has relied in good faith on previous acts of the government.
Preliminary design plans have been prepared in good faith reliance on the land
use designation of Residential, Medium Density and the zoning designation of
Residential, Two-family.
3. The property owner has had a substantial change in position. The expenditure of
significant funds has been incurred in preparation of a design and construction
plans.
Please beaz in mind. that this vesting determination relates only to the change in density
designation, and the anticipated redevelopment of your property with two dwelling units. All
other applicable. land development regulations and permitting requirements, which aze in effect
at the time such permits are sought, shall apply to future redevelopment of this property. This
vesting determination shall remain valid for a period of five (5) years from this date. Please feel
free to call me at 247-5826 with any further questions.
Sincerely,
d~'~+~ trLL..
~;~~
Sonya B. Doerr, AICP
Community Development Director
Concur:
Jim H son, rty Manager
Attachments