Subject:
Title
Villas of Sherwood Titusville, Inc.; Algarrobo Development, LLC; Sherwood Golf Club, Inc.; and TRSTE, LLC, (Jorge Ballarena) requests a change of zoning classification from, GU, AU, EU, SR, RU-1-11, RU-1-13, RU-2-10, RU-2-15, and PUD with two existing BDP’s, to all PUD and removal of two existing BDPs. (23Z00035) (Tax Accounts 2100937, 2113020, 2112021, 2113023, 2113024, 2100938, 2100939, 2100940, 2100942, 2100943, 2100952, 2100953, 2111319, & 2101061) (District 1)
End
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 GU (General Use), AU (Agricultural Residential), EU (Estate Use Residential), SR (Suburban Residential), RU-1-11 (Single-Family Residential), RU-1-13 (Single-Family Residential), RU-2-10 (Medium Density Multi-Family Residential), RU-2-15 (Medium Density Multi-Family Residential), and PUD (Planned Unit Development) with two existing BDP’s (Binding Development Plan), to all PUD and removal of two existing BDP’s.
End
Summary Explanation and Background:
The applicant is requesting a change of zoning classification from Medium-density Multi-family Residential (RU-2-15), Planned Unit Development (PUD), Agricultural Residential (AU), General Use (GU), Single-family Residential (RU-1-13), Single-family Residential (RU-1-11), Medium-density Multi-family Residential (RU-2-10), Estate Use Residential (EU), and Suburban Residential (SR) with BDPs to Planned Unit Development (PUD) and the removal of the BDPs on 136.46± acres.
The proposed PUD would allow 187 single-family units and 408 multi-family units within fourteen (14) parcels. The PDP shows the proposed multi-family units to be concentrated in the eastern side of the PUD off N. Carpenter Road. The subject property is located west of I-95 and south of SR 46 with frontage along two Brevard County maintained road rights-of-way: N. Carpenter Road and London Town Road. The predominant Future Land Use (FLU) designation along this section of N. Carpenter Road is RES 15.
There is a mixture of single and multi-family residential zoning classifications in the surrounding area.
The applicant has requested the removal of two existing BDPs associated with the subject property.
The Board may wish to consider if the request is consistent and compatible with the surrounding area. In addition, the Board may consider if the conditions and waivers mitigate potential impacts to the surrounding properties. Without Board approval of waivers, all design elements shown on the PDP will require conformance with Brevard County code. The applicant will provide a BDP containing the following conditions:
1) The proposed development shall be limited to 187 SF units and 408 MF units.
2) Due to historical drainage patterns and flooding issues a drainage study with and associated master drainage plan is needed prior to construction of the first phase of the development.
3) Approval of requested waiver from Sec. 62-1446. PUD-Land Use Regulations; Sub-Section(d) Minimum lot area, frontage, and setbacks; accessory uses; Paragraph (1) - to reduce the required 5,000 sf minimum lot area to 4,000 sf. (POD III Only). All affected lots shall have substantial relationship to a 15’ common open space tract directly adjacent to the affected dwelling units.
4) Approval of requested waiver from Sec. 62-1446. PUD-Land Use Regulations; Sub-Section (d) Minimum lot area, frontage, and setbacks; accessory uses; Paragraph (3) - to reduce the required minimum 20 feet rear setback to 10 feet. (POD III). This is conditioned upon POD III containing a minimum of eighteen acres of common recreation and open space as defined by Brevard County Code.
5) Approval of requested waiver from Sec. 62-2956. Transportation technical guidelines and performance standards.; Sub-Section (a) Roadway; Paragraph (1) - to reduce the required minimum 50 feet wide right-of-way to a minimum of 30 feet with 10-foot easements on each side for Pod III. The affected rights-of-way shall be private and maintained by the Homeowner’s Association.
6) Approval of requested waiver from Sec. 62-2956. Transportation technical guidelines and performance standards.; Sub-Section (a) Roadway; Paragraph (1) - to reduce the required minimum 50 feet wide right-of-way to a minimum of 30 feet with a 5-foot easement on each side for Pods I and IV. The affected rights-of-way shall be private and maintained by the Homeowner’s Association.
7) Approval of requested waiver from Sec. 62-2956. Transportation technical guidelines and performance standards.; Sub-Section (a) Roadway; Paragraph (3) - to reduce the minimum 100- foot setback of the cul-de-sac right-of-way to the plat boundary to 15 feet with the inclusion of a 6’ high wall and landscaping in one (1) location (Pod III). Landscaping shall consist of a minimum of 2 shade trees per 100 LF and 4 understory trees per 100 LF.
8) Approval of requested waiver from Sec. 62-2883. General design requirements and standards.; Sub-Section (d) - to replace the required 15’ perimeter buffer tract with a 15’ perimeter buffer easement, or 10’ perimeter easement where adjacent to an existing drainage easement, and allow it to be disturbed for grading, landscape, and buffer improvements, including but not limited to walls, fences, retention slopes, walking paths, and utilities (Pod III).
9) Prior to County approval of a construction plan and/or Preliminary Plat, the Developer shall: a. Execute an agreement, which may include, but is not limited to, a Proportionate Fair Share agreement, with the County addressing and/or mitigating any infrastructure deficiencies relating to the offsite transportation impacts as identified in a traffic study that is caused by the development. The agreement may include provisions requiring the developer to design, permit, and construct the identified improvements at a cost to the developer that is proportionate to the project’s impact. In addition, the agreement will identify timeframes for the necessary improvements, and monitoring and updating the traffic study as appropriate.
10) Prior to County approval of a construction plan and/or Preliminary Plat/and or Site Plan, the Developer shall demonstrate that adequate water and sewer services will be available to the development and are available prior to issuance of Certificate of Occupancy.
11) Address all staff comments regarding the PDP prior to, or concurrent with, site plan and subdivision submittals.
12) In accordance with Sec. 62-1301, if it is the opinion of the zoning official that an amendment to the PDP warrants Board evaluation, such modifications shall be submitted for Board approval.
13) Prior to County approval of a construction plan and/or Preliminary Plat/and/or Site Plan, the Developer shall submit a road system condition assessment to include an evaluation of potential impacts on public safety. The study will be conducted per methodology provided for in County land development code or as otherwise agreed to with staff.
14) Prior to County approval of a construction plan and/or Preliminary Plat/and/or Site Plan, the Developer shall submit a traffic calming study for the affected roadways and will identify necessary improvements to mitigate speeding and encourage preferred routing of traffic. The study will be conducted per methodology provided for in County land development code or as otherwise agreed to with staff.
On August 12, 2024, the Planning and Zoning Board heard the request and unanimously recommended approval with the caveat that the applicant and staff will revise the conditions. The above referenced conditions have been revised.
Clerk to the Board Instructions:
Upon receipt of resolution, please execute and return a copy to Planning and Development.