Subject:
Title
Public Hearing, Re: Ordinance Amending Chapter 62, Article VI, Division 2, Section 62-1157, "Submission of a Binding Development Plan in Support of Request for Change of Zoning or Conditional Use Permit"
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Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing and adopt the proposed ordinance amending Chapter 62, Article VI, Division 2, Section 62-1157, "Submission of a Binding Development Plan in support of request for change of zoning or conditional Use Permit".
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Summary Explanation and Background:
On August 30, 2022, the Board of County Commissioners approved legislative intent and permission to advertise Amendments to Section 62-1157, Brevard County Code of Ordinances, to effectuate the following changes:
1. Requiring that an application for a Binding Development Plan (BDP) identify all legal and equitable owners of the property, and any entity with an interest in the property, including, but not limited to, any lienor(s);
2. Requiring that all legal or equitable owners of the property, and any entity with an interest in the property, including, but not limited to, any lienor(s) be a party to the BDP prior to the final approval by the Board of County Commissioners; and
3. Clarifying when the 120-day period to record a BDP begins.
The attached ordinance has been drafted to meet this direction.
These amendments are being requested for several reasons. First, requiring the owners of and interest-holders in the subject property be identified in the application and, ultimately, joined in the BDP is necessary to ensure such individuals/entities are bound by the BDP's terms and conditions. The requirement of being a party to the BDP could be met by being a signatory to the BDP itself or a signatory to a legal instrument such as a joinder that would bind the interest-holder to the BDP.
Additionally, while Section 62-1157(1...
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