Subject:
Title
Public Interest Determination: Wetland Impacts for ALF Aurora Indoor RV & Boat Storage Facility at Aurora Road, Tax Account Number 2719528 (District 4)
End
Fiscal Impact:
None.
Dept/Office:
Natural Resources Management Department
Requested Action:
Recommendation
In accordance with Chapter 62, Article X, Division 4, Section 62-3694(c)(3)c, Atlantic Environmental of Florida, LLC (AEF) on behalf of MBV Engineering, Inc. (MBV), and on behalf of Land Vision Investments, LLC (LVI), requests that the Board of County Commissioners (Board) consider a Public Interest Determination (PID) for wetland impacts proposed for a commercial project on the referenced parcel. End
Summary Explanation and Background:
AEF, on behalf of MBV, and on behalf of LVI, submitted a Wetland Toolbox analysis (attached) for wetland impacts proposed for a commercial project (24SP00016) located north of Aurora Road in unincorporated Melbourne (Tax Account #2719528). The property contains one wetland that encompasses approximately 0.38 acres in total. The project proposes to impact the entire subject wetland (0.38 acres), as depicted in Figure 1 of AES’s report, to develop one (1) manufacturing and warehouse storage building totaling 20,000 square feet with associated sidewalks, parking, and stormwater treatment.
The St. Johns River Water Management District authorized the filling of the entire 0.38-acre wetland under Environmental Resource Permit No. 220521, issued January 27, 2025. Mitigation for the impact was provided through the applicant’s purchase of 0.14 Uniform Mitigation Assessment Method (UMAM) wetland mitigation credits at Basin 22 Mitigation Bank. The service area for Basin 22 Mitigation Bank spans several counties and includes the portion of Brevard County where the subject property is located. However, the actual location of this mitigation bank is within Indian River County, outside of Brevard County.
To achieve no-net-loss of functional wetlands within Brevard County as required by the Brevard County Comprehensive Plan (Conservation Element Objective 5), the applicant is proposing to purchase 0.06 wetland mitigation credits at the Lake Washington Mitigation Bank located in Brevard County. This amount of credit equates to 0.38 acres of wetlands that will be enhanced and preserved in perpetuity, meeting the no-net-loss objective of the Comprehensive Plan and the criteria of Section 62-3696.
Chapter 62, Article X, Division 4, Section 62-3694(c)(3)(b) allows wetland impacts for commercial development that meets the mitigation qualified roadways (MQR) criteria:
On properties with frontage on mitigation qualified roadways, commercial or industrial land development activities may be permitted in wetlands if the property is designated for commercial or industrial land uses on the future land use map. Mitigation qualified roadways are depicted and identified in a table on map 8 of the comprehensive plan conservation element. An amendment to the comprehensive plan shall be required to add a mitigation qualified roadway to map 8 and the associated table.
The subject parcel fronts Aurora Road, designated as a MQR in this location.
Section 62-3694(c)(3)(b) further states that wetlands proposed for impact shall be assessed using methodologies established in the Countywide Wetlands Study, to determine if they meet the criteria of High Functioning Wetlands or Landscape Level Wetlands. Impacts to High Functioning or Landscape Level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest. Public interest is defined as “demonstrable environmental, social and economic benefits which would accrue to the public at large as a result of a proposed action, and which could clearly exceed all demonstrable environmental, social, and economic costs of the proposed action…”
A landscape level wetland is defined in Section 62-3691 as a wetland that is EITHER 1) five (5) acres or larger; OR 2) located within the Landscape Level Polygon depicted on Map 9 of the Brevard County Comprehensive Plan Conservation Element, and the U.S. Army Corps of Engineers determines the wetland is hydrologically connected to the St. Johns River or Indian River Lagoon System. The subject wetland lies within the Landscape Level Polygon and is located less than 0.1 mile from the Eau Gallie River.
A High Functioning wetland is defined in Section 62-3691 as a wetland that scores 0.66 or above as determined by the Brevard County Wetlands Assessment Method (a.k.a., Wetlands Toolbox). AEF assessed the subject wetland using the Wetlands Toolbox. The subject wetland scored 0.369.
In summary, the subject wetland is not considered a High Functioning wetland as defined by Brevard County. However, the subject wetland is considered a Landscape Level wetland. Thus, impacts are prohibited unless the proposed impacts are found to be in the public interest, or of overriding public benefit.
The applicant provided the following information regarding public interest for the Board’s consideration:
This project includes the construction of a commercial 20,000 square foot building and 6 individual bays for manufacturing and warehouse use located on the north side of Aurora Road. This commercial project will have a positive impact on the community and local economy as listed below.
• A portion of the development will be dedicated for storage of large automotives (campers) and boats by local residents which is both lacking in the area and also needed due to local restrictions.
• Developing the site will eliminate ongoing community concerns (i.e., homeless using the site).
• Sales and property tax will increase from the expected increase in property value and services that will be provided by the commercial businesses.
Should the Board approve the PID, the Applicant shall be required to comply with all other applicable land development regulations at the time of Brevard County permitting.
Board options:
Option 1: Approve PID as presented, including all mitigating site plan provisions.
Option 2: Deny PID.
Option 3: Provide other direction.
Clerk to the Board Instructions:
None.