Item Coversheet


LEGISLATIVE MEMORANDUM


TO:


Honorable Mayor and Members of the City Council
FROM: Suzanne Sherman, Acting City Manager
THRU: Laurence Bradley, AICP, Growth Management Director
DATE:

7/16/2020
RE:

Ordinance 2020-43, amending the Code of Ordinances, Chapter 184, Subdivisions, by removing the requirement for recordation of the subdivision plat prior to the issuance of building permits for model homes and developer owner/builder homes (Case T-13-2020, City of Palm Bay), final reading.

A public hearing is to be held on the above subject ordinance and the caption read for the second and final time at tonight's Council meeting.

City of Palm Bay (Growth Management Department) has asked for a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 184: Subdivisions, Section 184.15 Issuance of a Building Permit. The purpose of this amendment is to remove the requirement for recordation of the subdivision plat prior to issuance of building permits for model homes and developer owner/builder homes.

National Homebuilders have recently requested the approval of model homes and developer-owned homes (aka speculation homes) to be permitted and constructed prior to issuance of the Certificate of Completion for the subdivision improvements. The purpose is to allow for “early-builds” to spur sales prior to the opening of the subdivision. If this provision is removed, the existing requirement for developers and/or builders to certify in writing that the title will remain in the builder’s or developer’s name until the subdivision Certificate of Completion is issued, must be amended to require that the title does not transfer ownership until the plat is recorded. Staff addresses both issues within the proposed ordinance.



REQUESTING DEPARTMENT:
Growth Management

RECOMMENDATION:

Motion to 

approve Case T-13-2020, based on the analysis contained in the staff report.

Planning and Zoning Board Recommendation:

Unanimous approval of the request, subject to the staff report comments.


ATTACHMENTS:
Description
Case T-13-2020
Board Minutes
Ordinance 2020-43