Subject:
Title
JEN Florida 48, LLC (Kim Rezanka) requests a change of zoning classification from GU & AU to PUD. (23PUD00005) (Tax Account 3000277, 3000368, 3000827, 3000829) (District 5)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Planning and Zoning Board conduct a public hearing to consider a change of zoning classification from GU (General Use) and AU (Agricultural Residential) to all PUD (Planned Unit Development).
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from General Use (GU) and Agricultural Residential to Planned Unit Development (PUD) on an undeveloped 1,109.57-acre parcel. The applicant has proposed a project consisting of 3,246 single family units with an overall gross density of 3 dwelling units per acre and 398,000 square feet of commercial development. The subject parcel is currently undeveloped and has access to Babcock St. and is approximately a quarter mile south of St. Johns Heritage Pkwy SE interchange. At this time, there are no active code enforcement cases associated with the subject parcel.
A companion Future Land Use Map (FLUM) amendment application (23LS00001) was submitted accompanying this request to change the Future Land Use designation from Residential 1:2.5 (RES 1:2.5) to encompass 1,082.24 acres of Residential 4 (RES 4) and 27.33 acres of Community Commercial.
To the north of the subject property on the southside of Willowbrook St. is a two-mile long, linear strip of property owned by Willowbrook Farms. It varies in width from approximately 40 feet to 140 feet, and it prevents roadway access from the subject property to Willowbrook St. There is also a canal to the north of this strip. The FLUM designation of this strip is Residential 1:2.5 (RES 1:2.5) with AU and GU zoning. To the south and west is the Deer Run single-family subdivision is a large lot development with single-family, site-built homes with AU zoning and a RES 1:2.5 FLUM designation developed with 433 lots. To the east across Babcock St., there is vacant State-owned property with a FLUM designation of PUB-CONS and GU zoning. There is also a privately-owned, borrow pit with FLUM designations of RES 1, NC and CC with RRMH-1, AU, and BU-1 zoning.
The PUD zoning classification permits flexibility in development standards to the extent that the proposed development is in the best interest of the county, public health, safety and welfare. The applicant has indicated the proposed development meets the intent of this by providing for dedications related to land for a future fire station and land for the expansion of the Babcock Street corridor. The dedication of land for the expansion of Babcock will ultimately serve citizens of the County in the surrounding subdivisions. Continuity and consistency of the master plan community will also provide for a sustainable development that offers a range of hosing options, which improves housing access for County citizens. The PUD also proposes approximately 26 acres of supporting commercial. Moreover, the project will preserve over 93 acres of wetlands, while also featuring over 250 more acres of open space and recreation.
The Board should consider if the request is consistent and compatible with the surrounding area. In addition, the applicant will provide a BDP containing the following waivers and conditions:
1) The proposed development shall be capped at 3 units per acre.
2) Approval of requested waiver from Sec. 62-1446(g). The storage of campers, travel trailers, recreational trailers and vehicles, boats and boat trailers, and other similar vehicles on the single-family lots as allowed by Brevard County code Sec. 62-2217 provided each lot will have a 20’ driveway capable of parking recreational vehicles.
3) Approval of requested waiver from Sec. 62-1446(d)(1) to permit lots smaller than 5,000 square feet and less than 50 feet in width shall have a substantial relationship to a 15’ common open space tract directly adjacent to the affected dwelling units.
4) Approval of requested waiver from Sec. 62-1446(d)(3)(b) to allow residential structures of two stories or less, and a minimum building separation of 10' (rather than 15') provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service to each lot.
5) Approval of the commercial uses as allowed in the BU-1 zoning classification per 62-1482.
6) Approval of waiver to Sec. 62-2957(c) as it relates to the number of project ingress and egress to Babcock Street; the waiver is subject to the spine roadways: a) providing at a minimum of two (2) approved access points for each cluster of 350 dwelling units, and b) single family and/or multifamily lots shall not have individual direct access to a spine road, and c) the projects internal roadway network satisfying Florida Fire Prevention Code requirements including but not limited to 1:18.2, 1:18.4.5, and 1:18.5.
7) Approval of the requested waiver to Sec. 62-1446 to reduce the rear setback for residential principle structures from 20 feet to 15 feet, which shall have a substantial relationship to a 15’ common open space tract directly adjacent to the affected dwelling units.
8) Closure of the borrow pit permit shall be in accordance with SJRWMD requirements.
9) Reclamation of the existing lake shall include littoral plantings along the pond slope in accordance with Florida Fish and Wildlife Conservation Commission (FWC) comments provided.
10)Prior to County approval of a construction plan and/or Preliminary Plat/and or Site Plan the Developer shall:
a. Execute an agreement including, but not limited to, a Proportionate Fair Share agreement, with the County and appropriate municipal entities addressing and/or mitigating any infrastructure deficiencies relating to the offsite transportation impacts as identified in a traffic study. The agreement shall include provisions requiring the developer to design, permit, and construct the identified improvements. In addition, the agreement will identify timeframes for the necessary improvements, and monitoring and updating the traffic study as appropriate.
b. Execute an agreement with the County addressing infrastructure deficiencies relating to Fire Rescue. Said agreement will account for the developer providing the land, site design, and permitting of the construction of a fire station, in addition to the necessary equipment for operation. Appropriate impact fees credits may be requested as applicable under Brevard County Code of Ordinances and Florida Statute.
11)Prior to County approval of a construction plan and/or Preliminary Plat/and or Site Plan, the Developer shall demonstrate that adequate water and sewer services will be available to the development and are available prior to issuance of Certificate of Occupancy.
12)Address all staff comments regarding the PDP prior to, or concurrent with, site plan and subdivision submittals.
13)In accordance with Sec. 62-1301, if it is the opinion of the zoning official that an amendment to the PDP warrants Board evaluation, such modifications shall be submitted for Board approval.
14)If the development is to have on-street parking, the developer/owner shall establish a financial mechanism for maintenance of internal roadways prior to County approval of a construction plan and/or preliminary plat and/or site plan.
The Board of County Commissioners will consider the request on Thursday, September 5, 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