Subject:
Title
Bernard B Burklund Jr., Francis Kay Burklund and Janis Lucas (Blair Knighting) are requesting a Small-Scale Comprehensive Plan Amendment (26S.10) to change the Future Land Use designation from RES 15 and PI to CC. (26SS00010) (Tax Account 2217394) (District 1)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Local Planning Agency consider a Small Scale Comprehensive Plan Amendment (26S.10), to change the Future Land Use designation from RES 15 (Residential 15) and PI (Planned Industrial) to CC (Community Commercial).
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Summary Explanation and Background:
The applicant requests a Small-Scale Comprehensive Plan Amendment (SSCPA) to change the Future Land Use Map (FLUM) from Planned Industrial (PI) and Residential 15 (RES 15) to Community Commercial (CC) over a 31.96-acre portion of a single 75.30-acre parcel to facilitate a rezoning from PIP (Planned Industrial Park) and RU-2-10(5) (Medium-Density Multiple Family) to BU-1 (General Retail Commercial). The applicant has stated an intent to develop the entire 75.30-acre site as a mixed-use development consisting of a commercial component, including a retail shopping center, as well as multi-family residences and a hotel. The subject property’s current FLU designations of PI and RES 15 are the original designations that have been in place since the Brevard County Comprehensive Plan was established in September 1988.
The subject property remains in the same configuration since the warranty deed was recorded in OR Book 3663, Page 3285 dated April 16, 1997, according to the BCPAO’s historical data. Parcels 6 & 7, which makeup the property, were established with a recorded deed in OR Book 2847, Page 1971 on October 8, 1987.
Florida Land Use Policy 2.8(A) provides that Community Commercial clusters greater than ten acres must be located at principal arterial/principal arterial intersections. Columbia Boulevard (SR 405) and Challenger Memorial Parkway (SR 407) are classified as principal arterial roadways and Barna Avenue is classified as a major urban collector.
The subject property fronts Columbia Boulevard and is located in close proximity to the Columbia Boulevard/Challenger Memorial Parkway intersection. Although the proposed Community Commercial area does not physically occupy the corner of the intersection, Policy 2.8(A) does not establish a maximum distance from a qualifying intersection or require the property to occupy a corner parcel. Additionally, the roadway configuration and FDOT right-of-way associated with the Columbia Boulevard/Challenger Memorial Parkway intersection separate the subject property from the intersection. As a result of this proximity, the Board may determine the proposed Community Commercial designation is sufficiently located at the qualifying intersection to satisfy the locational criterion of Policy 2.8(A).
To further ensure the application meets the locational criteria of Policy 2.8(A), the parties may consider a Binding Development Plan condition associated with the companion rezoning application that would prohibit the commercial and multifamily portions of the development from utilizing Barna Avenue for access. Barna Avenue access would be limited to the proposed single-family detached or attached residential portion of the overall development. This condition would direct traffic associated with the Community Commercial area to Columbia Boulevard, a principal arterial, rather than Barna Avenue, a major urban collector, and would reinforce the relationship of the Community Commercial development to the Columbia Boulevard/Challenger Memorial Parkway principal arterial/principal arterial intersection.
The subject request would add approximately 31.96 acres of Community Commercial to the existing approximately 16.1-acre Community Commercial cluster located on the northeast side of the intersection of Barna Avenue and Columbia Boulevard, resulting in a Community Commercial cluster of approximately 48.06 acres. Policy 2.8(B) provides that Community Commercial clusters “should not exceed 40 acres at an intersection.”
The definition of “should” in the context of the Comprehensive Plan, as found in the Glossary of that document, is as follows:
Should - expresses obligation; mandatory action necessary unless it can be clearly demonstrated that:
a. Strict application will be contrary to the public interest;
b. The public values being protected are insignificant and strict application will result in an excessive hardship to the project;
c. Strict application will place an excessive hardship on the project, and an alternative action is available which is equal to or superior than the original requirements in reaching the policy's objective, or;
d. The activity is not financially feasible for the local government.
The subject property presents additional development challenges related to existing drainage conditions, wetlands, and aquifer recharge areas. The applicant is hereby advised that these constraints may affect the extent and configuration of future development and will require additional evaluation and permitting during the applicable development review process.
Public Works has identified potential stormwater and flooding concerns associated with development of the property. The property appears to contain a relatively isolated floodplain that receives stormwater runoff from surrounding subdivisions, commercial properties, and other nearby properties. Based on a preliminary review, approximately 89 percent of the property appears to consist of low-lying areas, which raises concerns that development could increase flooding on neighboring properties if stormwater impacts are not adequately addressed. A higher sand ridge encompassing approximately 8.5 acres is located along Barna Avenue. Other areas of higher elevation may exist within the property; however, they appear to be isolated areas surrounded by lower-lying or wetland areas.
The property also contains potential wetlands. Columbia Boulevard is designated as a Major Qualifying Roadway (MQR) at this location. If wetlands are confirmed, High Function and Landscape Level wetland assessments will be required prior to authorization of any wetland impacts. Any proposed wetland impacts requiring a Public Interest Determination will result in the applicant having to return to the Board of County Commissioners for consideration and approval of such a request before such impacts may occur.
In addition, the property contains aquifer recharge soils and is mapped within the City of Titusville's Area of Critical Concern and a Prime Wellhead Protection Area, both of which are designated as Type 1 Aquifer Recharge Areas. Future development will be required to comply with the applicable environmental protection requirements associated with these areas.
While the property contains significant drainage, wetland, and aquifer recharge constraints, the information currently available does not establish that the property is incapable of being developed in compliance with applicable County requirements. The extent and configuration of future development will be subject to more detailed evaluation during subsequent development review, including demonstration that development will not adversely affect surrounding properties. Any proposed wetland impacts requiring a Public Interest Determination will require the applicant to return to the Board of County Commissioners for consideration and approval.
The subject property is served by the City of Titusville Utilities for both centralized water and sewer.
North of the subject property are six parcels. All six parcels range in size from approximately one acre to 4.25 acres and are developed with single-family detached residences. All parcels have RR-1 zoning classification with RES 15 FLU designation. There are four parcels located south of the subject properties across Columbia Boulevard. The parcels range in size from 1.5 acres to 17.2 acres. All four parcels are vacant and are within the City of Titusville jurisdiction and have PD (Planned Development) and RC (Regional Commercial) zoning classifications with High Density Residential and Commercial High Intensity FLU designation. East of the subject property are three parcels ranging in size from approximately 6.76 acres to 11.77 acres, undeveloped HOA residential common area, within the City of Titusville jurisdiction, which has OR/PUD (Open Space & Planned Development) with Conservation FLU designation.
West of the subject property across Barna Avenue are four parcels: One is an approximately 5.06-acre undeveloped commercial property with a BU-1 zoning classification along with CC FLU designation. The other three parcels are approximately 1.06 acres to 1.2 acres in size each, one is undeveloped, and two (2) are developed with single-family detached residences. All three have RR-1 zoning classification with RES 15 FLU designation.
The Board may wish to consider if the request is consistent with the Comprehensive Plan and compatible with the surrounding area.
The Board should consider the criteria within Administrative Policy 2.8 regarding the locational and development for Community Commercial uses. The parties may consider restricting access to the commercial portions of the property from using Barna Avenue and requiring ingress/egress to the commercial areas only from Columbia Boulevard to mitigate concerns in meeting said criteria.
The Board should also consider whether one or more of the following criteria has been clearly demonstrated, such that Policy 2.8(B) and (C) are satisfied:
a. Strict application will be contrary to the public interest;
b. The public values being protected are insignificant and strict application will result in an excessive hardship to the project;
c. Strict application will place an excessive hardship on the project, and an alternative action is available which is equal to or superior to the original requirements in reaching the policy's objective, or;
d. The activity is not financially feasible for the local government
The Board of County Commissioners will consider the request Thursday, December 10, 2026, beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None