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)
End
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 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. As part of the approval of the Preliminary Development Plan of the PUD, the applicant requests a waiver to Section 62-2883(d), Brevard County Code of Ordinances (requiring an undisturbed 15 foot buffer around the perimeter of the project). End
Summary Explanation and Background:
The applicant is requesting a change of zoning classification from Estate Use (EU) and Residential Professional (RP) to Planned Unit Development (PUD) with Removal of Binding Development Plan (BDP) on an undeveloped parcel of 12.88 acres. The applicant has proposed a project consisting of 23 single family units on 10.96 acres for an overall gross density of 2.09 dwelling units per acre and an indoor RV storage commercial development on 1.92 acres with a potential FAR of 1.
The subject property is located on the east side N. Highway 1 and west side of N. Indian Drive approximately 200 feet south of Roundtree Drive. N. Indian River Drive bifurcates a small portion of the subject property.
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 12.88 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 1.92 acres and Residential 4 (RES 4) on 10.96 acres. The RES 4 designation would allow 43 residential units.
Based on the gross floor area and the lot size of the commercial portion of the property indicated in the Preliminary Development Plan (PDP), a FAR of approximately 0.31 is proposed for the commercial development.
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, 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.
This item was first before P&Z/LPA on March 17, 2025, which resulted in a recommendation for approval by a vote of 7 to 3. At the April 3, 2025, BOCC hearing, the representative for the applicant requested a continuance to the July 3, 2025, BOCC hearing date because they wanted to meet with the residents and make changes to the PDP. The applicants were notified at that time that if the changes were substantial in nature, the item would need to return to P&Z/LPA. County staff received the revised PDP and determined that the changes made were substantial in nature. Therefore, the item was required to return to the P&Z/LPA.
On August 18, 2025, the Planning and Zoning Board heard the revised request and voted 10:3 to recommend approval with removal of the BDP, with the added conditions of working with staff on satisfying open space Code requirements, and approval of the resubmitted PDP by staff.
The item was continued at the request of the applicant from its September Zoning Meeting to the October Zoning Meeting. At the October Zoning Meeting, the applicant requested that the Board continue the item from its October Zoning Meeting to the November 6, 2025, Zoning Meeting. and the Board did so.
Since that time, the applicant has revised the PDP, with the most recent revision being submitted on October 27, 2025. Addendum #1, provided in the Board packet, describes the changes and outstanding staff comments to the PDP since the previous Board meeting. A substantive change the Board may wish to consider includes a modification with the 15-foot buffer of the project, which requires a waiver to Section 62-2883(d). This Section reads as follows: “Buffer requirements: In the design of a proposed residential subdivision, a minimum 15-foot perimeter buffer shall be required. Such buffer shall remain undisturbed along all property boundaries and shall be platted as a common tract, separate from individual lots. Landscape improvements may be constructed within said buffer tract subject to review and approval by the county. The buffer requirements described herein shall not apply to minor subdivisions.” In lieu of an undisturbed buffer, the applicant proposes to install landscaping analogous to a type “B” buffer, as defined in Brevard County Code of Ordinances.
The Board may wish to consider if the request is consistent and compatible with the surrounding area and whether removing the BDP, including, but not limited to, provisions restricting access from the Parkchester Subdivision and Indian River Drive, will impact the surrounding area. The Board may also wish to consider the applicant’s waiver request.
Clerk to the Board Instructions:
Upon receipt of the resolution, please execute and return a copy to Planning and Development.