Subject:
Title
Christopher Espanet (Kimberly Rezanka) requests a Comprehensive Plan Amendment to change the Future Land Use designation from RES 1 to RES 2. (24SS00013) (Tax Account 2963382) (District 3)
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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 to consider transmittal of a Comprehensive Plan Amendment to change the Future Land Use (FLU) designation from RES 1 (Residential 1) to RES 2 (Residential 2).
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Summary Explanation and Background:
The applicant is requesting to amend the Future Land Use designation from RES 1 to RES 2 on 0.7 acres to construct a single-family home. RES 2 permits up to two (2) units per acre. The subject property’s current configuration would require a RES 2 FLU designation to be suitable for development as a single-family home. The proposed residential use may be consistent with the existing pattern of surrounding development. However, the request to increase residential intensity from 1 unit per acre to 2 units per acre is not consistent with historical interpretation of Coastal Management Element Policy 7.1 of the Brevard County Comprehensive Plan, which prohibits increases in residential density in this area. In addition, on November 7, 2024, the Board voted to transmit the Brevard Barrier Island Area (BBIA) for state review which includes this prohibition on density increases.
In 1992, in accordance with the South Beaches Small Area Plan, amendment 92B4.2 changed the FLU designation of the subject property from the Mixed-Use District to RES 1. At the time of the amendment, the subject property was 1.71 acres and in compliance with the FLU designation. Subsequently, the recordation of the condominium declaration in May 2005 for Casseekee Trails (ORB 5460 PGs’ 2504-2530) split the property into separate units with Unit 1 containing approximately seven tenths (7/10th) of an acre and Unit 2 containing approximately one (1) acre of land. Pursuant to Section 718.105, Florida Statutes, the Clerk of the Court is responsible for the review and approval condominium plats, and the process does not involve County staff. Further, the applicant acquired the parcel on July 15, 2005, well after the 1992 South Beaches Small Area Plan and the promulgation of the associated FLU designation.
A Binding Development Plan (BDP) was submitted with this request limiting the density to one (1) unit. Sec. 62-1157 allows the applicant for a change of zoning or a conditional use permit to voluntarily submit a binding development plan in support of such change of zoning or conditional use permit. This application is for neither of those actions, and a BDP should not be considered as part of this Comprehensive Plan Amendment request.
Approval of the RES 2 will create an inconsistency between the RP zoning classification and FLU designation which will necessitate the applicant to change the zoning.
The subject property has no direct road frontage on a County maintained right-of-way and will need to meet the requirements found in Section 62-102 for access and issuance of a building permit.
North of the subject property are single-family attached townhomes having fee simple ownership. The current zoning is SEU with RES 1 FLU. South of the subject property is a private road for the condominiums that are located West of the subject property. It is zoned RU-2-10 and has a RES 1 FLU. East of the subject property is a single-family home zoned RP with a RES 1 FLU constructed in 2017. West of the subject property is the Lighthouse Cove Condominium. This property is within a RES 1 FLU. It contains 81 condominium units on 11 acres.
Procedurally, because this property is located within the Area of Critical State Concern - Brevard Barrier Island Area, Section 380.0553, Florida Statutes, this request is subject to the process established pursuant to Section 163.3184(2)(c). This includes review of this application by Florida Commerce for consistency with the Guiding Principles established statutorily in the Area.
The Board should consider whether it can make the following findings necessary for approval of this application to transmit an amendment from RES 1 to the requested RES 2:
1. The request is consistent and compatible with the surrounding area, and
2. satisfies the locational criteria established in FLUE Policy 1.8, and
3. increasing the residential density designation is consistent with Coastal Management Element Policy 7.1, and
4. it meets the intent of the Brevard Barrier Island Area Guiding Principles Section 380.0553(5), Florida Statutes, which into effect July 1, 2023.
On November 18, 2024, the Local Planning Agency heard the request and recommended approval with a BDP (Binding Development Plan). The vote was 6-4 in favor. Staff has drafted an Addendum (see “Addendum #1, attached) in response to statements made at the Pubic Hearing conducting by the Local Planning Agency.
At the December 12, 2024, Board of County Commission meeting this item was continued to the February 6, 2025, Board of County Commission meeting.
Clerk to the Board Instructions:
Once filed with the State, please return a copy of the Ordinance to Planning and Development.