Subject:
Title
Christopher Espanet (Kimberly Rezanka) requests a Small-Scale 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 Local Planning Agency conduct a public hearing to consider a Small-Scale Comprehensive Plan Amendment to change the Future Land Use 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.
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. In this case, a BDP should not be considered as part of this FLU request.
Approval of the RES 2 will create an inconsistency between the RP zoning classification and future land use designation which will necessitate the applicant to change the zoning.
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 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.
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.
The Board of County Commissioners will consider the request on Thursday, December 12, 2024. Beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None