Subject:
Title
Appeal Request Re: Appeal to Denied Sidewalk Waiver for the Green Leaf residential subdivision in West Melbourne (26WV00001) (21RW01206) (District 5)
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Fiscal Impact:
Indeterminate
Dept/Office:
Planning and Development/ Land Development
Requested Action:
Recommendation
Pursuant to Brevard County Code of Ordinances Section 62-3207(b) and subsequent to staff’s denial of sidewalk waiver 26WV00001, Greenleaf Estates, LLC, is appealing staff’s denial to the Board of County Commissioners. The applicant seeks the Board’s approval to waive installation of a sidewalk along the frontage of the Grean Leaf Subdivision, which is adjacent to Carriage Gate Drive. Granting approval to this sidewalk waiver (26WV00001) would allow approximately 1,800 feet of sidewalk installation to be postponed in accordance with the attached sidewalk assessment agreement.
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Summary Explanation and Background:
On January 14, 2026, the applicant, Greenleaf Estates, LLC, submitted a waiver application to postpone the requirement to construct a sidewalk along the abutting Carriage Gate Dr. street frontage. The waiver is related to the Grean Leaf Subdivision currently being developed within the jurisdiction of the City of West Melbourne. Carriage Gate Dr., a County-maintained road, is a roadway adjacent to the subdivision.
Sec. 62-2956(b)(2), Brevard County Code of Ordinances, requires that the developer “provide sidewalks adjacent to roadways abutting their project” but provides that “in areas where it can be demonstrated by the applicant that there is no current or future need for sidewalks in the immediate area, the sidewalk requirement may be administratively waived, provided that a sidewalk assessment agreement is entered into by the property owner.” This Section further allows for an appeal process in the case of an administrative denial of a requested waiver.
On February 23, 2026, the waiver was evaluated by county staff based on the criteria of Section 62-2956(b)(2) and administratively denied due to failure to meet the sidewalk waiver criteria.
The Space Coast Transportation Planning Organization recommended the sidewalk waiver not be granted due to pedestrian infrastructure improvement recommendations outlined in the Minton Road Feasibility Study, as well as site proximity to transit stops, and daycare/assisted living facilities.
Brevard County Public Works Engineering stated they do not support waivers to sidewalks that are to be built by the development abutting the right-of-way. They found the waiver application did not demonstrate an undue hardship, and that granting this waiver does not serve as a public benefit. This waiver request is for a new residential development where there is sidewalk connectivity approximately 200-feet from the development to Minton Road, and there are schools within 0.5 miles.
The City of West Melbourne opined that the sidewalk should be required along the Carriage Gate Dr. street frontage.
Pursuant to Section 62-2956, Brevard County Code of Ordinances, (see also Section 62-3207(a)), the Planning and Development Department determined that the waiver could not be administratively approved for the reasons stated above; in particular, its proximity to a school as well as commercial sites within walking distance that are otherwise accessible by sidewalk, and because the residents of the 55-unit Green Leaf Subdivision as well as those of existing development would benefit from the sidewalk. As such a waiver can only be granted administratively “where it can be demonstrated by the applicant that there is no current or future need for sidewalks in the immediate area,” the waiver was denied.
The applicant’s stated justification for granting the waiver included: “The proposed sidewalk would create hardship due to the limited room between the edge of the roadway pavement and the ROW line. The limited room does not adequately provide space to allow the drainage system to remain . . . No other properties will be affected. The southern terminus is 200 ft. from the recent sidewalk. The northern most terminus stops in the middle of nowhere . . . The approved plans have no engineering details and note the sidewalk to be constructed by others . . . The waiver request is consistent with county zoning regulations.”
If the appeal is granted by the Board, the applicant would enter into the sidewalk assessment agreement with the County for the subject property that is under Right-of-way Permit 21RW01206. In turn, the construction of the sidewalk would be delayed until the County, in its’ sole discretion, determines sidewalks are necessary on the property. The County reserves its right to exercise its’ authority regarding future special assessments under Florida law and County Code in lieu of installing the sidewalk at this time.
It should be noted that Board approval of this appeal only applies to the sidewalk installation and does not relieve the developer/owner from designing the sidewalk (unless otherwise directed by the Board), including obtaining all other necessary jurisdictional permits, nor does it justify postponing the construction of other infrastructure improvements.
Clerk to the Board Instructions: