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M M in the Press Journal concerning the extent of unpaved streets within the County and their associated maintenance problems. An amendment to the subdivision requlations establishing 5 acre subdivisions without the requirement of paved streets or proper maintenance of improved roads may exacerbate the problem. The establishment of 5 acre agricultural subdivisions may place additional development pressure on prime agricultural lands within the County. With the adoption of the Comprehensive Plan, the Board of County Commissioners established a land use policy towards agricultural lands that shall not permit encroach- ment by other land uses upon agricultural lands except where demonstrated that those lands are no longer valuable for agricultural purposes. This issue would have to be addressed on a specific case by case basis during the review process for preliminary plat approval. Within the County's current subdivision regulations, the definition of "Subdivision" is based upon that definition contained in Section 177.031, Florida Statutes. Chapter 177 establishes the minimum requirements to regulate and control the platting of lands. However, under Section 163.170, Florida Statutes; the definition of "Subdivision" is as follows: "The division of a parcel of land, whether improved or unimproved, into 3 or more contiguous lots or parcels of land, designated by reference to the number or r -- symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of such parcel. However, the division of land into parcels of more than 5 acres not involving any change in street lines or public easements of whatsoever kind is not to be deemed a subdivision within the meaning of this act. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided." As noted in the above definition, the division of land into parcels of more than 5 acres not involving a change in rights- of-way or public easements are not•deeraed a subdivision and would not be required to conform to the minimum design and standards established in the County's subdivision regulations. This provision is included in the definition of "Subdivision" within the Brevard County subdivision regulations. On November 18, 1982 this subdivision proposal was submitted to the Planning and Zoning Commission for discussion and their recommendation. The Planning and Zoning Commission recommended that the subdivision regulations should be consistent with the development guidelines established in the agricultural land use desianation of the Comprehensive Plan. Furthermore, residential development within the area designated as agricultural with minimum lot sizes of 5 acres should be required to install paved streets. The Planning and Zoning Commission ordinance be amended to include an that paved roads not be required at RECOMMENDATION: recommends the subdivision agricultural subdivision and the time of platting. It is the recommendation of the Community Development Division staff that the County's current subdivision regulations be amended in reqards to the definition of "Subdivision" as stipulated in Section 163.170, I'.lorida Stn tutes. It is further recommended that adequate provisions -be made in the amendment to ensure the conformance of all subdivision plats with- the transportation el emcnt of l -.he Comprehensive Plan and that adequate. maintenance :.r�a-car.a.ic�.ns for nr.i��ate >treets lac 1:E'c�uired for the approval of preliminary plats. DEC 15 1982