Subject:
Title
City Pointe Landfall LLC. (David Bassford) requests a change in zoning classification from EU and RP with an existing BDP to PUD with the removal of existing BDP. (24PUD00003) (Tax Account 2411252) (District 1)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing to consider a change of zoning classification from EU (Estate Use Residential) and RP (Residential-Professional) with an existing BDP (Binding Development Plan) to PUD (Planned Unit Development) with the removal of existing BDP, and with a waiver to setback requirements under 62-1446(4), Brevard County Code of Ordinances, as described below.
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from EU and RP to Planned Unit Development (PUD) with Removal of Binding Development Plan (BDP) on an undeveloped of 12.86 acres. The applicant has proposed a project consisting of 11 single family and 8 townhome units on 10.94 acres for an overall gross density of 1.73 dwelling units per acre. Commercial development is proposed on 1.92 acres with a potential FAR of 1.
Zoning action Z-11455, approved on November 6, 2008, a portion of the subject property was rezoned from AU to EU with a BDP. The existing BDP, recorded in OR Book 5897 Page 624, stated the following restrictions shall apply to said subdivision; there shall be a 15 foot natural buffer on exterior of subdivision, no access to said subdivision to Indian River Drive, shall not exceed seven lots, subdivision shall have no access to Parkchester Subdivision, minimum house size of 2,200 square feet under air, the subdivision shall have EU zoning and have an HOA to maintain common elements and architectural control. Under zoning action Z-10666, approved on February 7, 2002, the eastern portion of the subject property was rezoned from AU to RP.
A companion Future Land Use Map (FLUM) amendment application (24SS00009) was submitted accompanying this request to change the Future Land Use designation on 12.86 acres of the subject property from Residential 1 (RES 1) and Residential 2 (RES 2), Residential 4 (RES 4) and Neighborhood Commercial (NC) to Community Commercial (CC) on 1.91 acres and Residential 4 (RES 4) on 10.94 acres. The RES 4 designation would allow 43 residential units.
To the north is a subdivision, recorded as Parkchester in Plat Book 18, Page 114, with approximately 63 single-family detached homes on approximately 0.2 to 0.25 acre lots with RU-1-11 zoning designation and RES 2 FLU. There are three additional parcels separate from the platted subdivision. One parcel, 8.06 acres, developed with a single-family residence with EU zoning designation and RES 4 FLU. This parcel also includes a nursery with AU zoning and RES 1 FLU. Parcel two is 0.56 acres, developed as a single-family residence, with EU zoning and RES 2 FLU. The third parcel is 0.49 acres, developed with a single-family residence with EU zoning and includes RES 2 FLU. To the south is a 0.17-acre parcel of cemetery land, with zoning designation IN(L) with RES 1 FLU. A second parcel is 1.67 acres, developed with a single-family residence, EU zoning designation and RES 4 FLU. A third parcel totals 1.53 acres, undeveloped with AU zoning designation and RES 1 FLU. To the east of the subject property is the Indian River, a class II waterway. To the west is a 1.32-acre parcel, developed with an office building with RP zoning and NC FLU designation. Additionally, to the west of the subject parcel is Highway 1.
The Board may wish to consider whether the proposed zoning request is consistent and compatible with the surrounding area. Additionally, the Board may wish to consider whether the proposed development meets the objective of Section 62-1442(b)(6), Brevard County Code of Ordinances, and whether the non-residential uses are accessory to the residential uses, as contemplated by Section 62-1443(a)(1), Brevard County Code of Ordinances.
On March 17, 2025, the Planning and Zoning Board heard the request and voted 7 to 3 to recommend approval.
Subsequent to the Planning and Zoning meeting, the applicant provided a revised Preliminary Development Plan to correct an error regarding the calculation for maximum allowable wetland impacts on the wetland impacts exhibit. The revised Preliminary Development Plan is attached.
The Preliminary Development Plan depicts a 15-foot buffer tract separating the proposed RV storage buildings and the respective property lines. Pursuant to 62-1446(4), Brevard County Code of Ordinances, “. . . a minimum 25-foot setback shall be maintained between the wall of any structure and the property line along the perimeter of the PUD unless waived by the board of county commissioners at the time the preliminary development plan is approved.” Such a waiver is being requested by the applicant as part of this approval.
Clerk to the Board Instructions:
Upon receipt of the resolution, please execute and return a copy to Planning and Development.