1757 Ocean Grove Drive VESTING LETTER (James Waters) 10.05.2004
September 14, 2006
Geroge Bull, Jr.
On behalf of Eric Petroni
1800 1835 Seminole Road
Atlantic Beach, Florida 32233
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.
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.
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.
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 bear 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 are 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,
Sonya B. Doerr, AICP
Community Development Director
Concur:____________________________
Jim Hanson, City Manager
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