Subject:
Title
Waivers of Subdivision Requirements, Re: Sykes Landing at Winar Creek (24SP00026, 25WV00014, 25WV00015, 25WV00016, 25WV00017)
Condev Properties, LLC (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
In accordance with Section 62-2849(a), the applicant is requesting that the Board of County Commissioners grant four (4) waivers (24SP00026, 25WV00014, 25WV00015, 25WV00016, and 25WV00017) to different sections of the Brevard County Land Development Code to allow the development of a 158-unit single-family attached subdivision. Should the Board approve these waivers, it is requested that it do so contingent on them being implemented consistent with the attached Site Plan. Any deviation from these plans shall render the waivers voidable.
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Summary Explanation and Background:
Planning and Development has received a site plan application for a 158-unit attached residential townhome development consisting of 27 townhome buildings and 5 amenity buildings. The plans were submitted with a preliminary plat with the intention of subdividing each unit for separate ownership. The applicant states that the physical conditions of the property cause an undue hardship to the applicant if the strict letter of the code is carried out, and that without the relief from code requirements granted by the waivers included in this application, the project will not be feasible.
25WV00014
The applicants request relief from the subdivision development standards provided in Section 62-2802, Exhibit 1 requiring a right-of-way width of 50 feet. The applicant proposes to reduce the right-of-way width to 37 feet. The applicant asserts that the lack of development standards for development of single-family attached subdivisions in the Brevard County Land Development Code leaves the property owner with few options to address access management issues. The applicant also states that the roads, sidewalks, utilities and drainage that are within the proposed reduced-width right-of-way will all be privately owned and maintained, and meet County standards except width.
25WV00015
The applicants request relief from the standards stipulated in Section 89-69(c) and Section 62-2802, Exhibit 16 requiring a minimum of five feet between any driveway and any side property line. The applicant states that sight-distance triangles, as derived from the FDOT Design Manual, Section 212.11.1 are not applied to or relevant to single-family parking spaces, only intersections. The applicant also states that the exhibits provided show that there is sufficient space for a parked car to back out and have a clear line-of-sight and be visible to traffic without entering the travel lane. The applicant asserts that being forced to comply with the five-foot minimum separation distance will cause an undue hardship on the property owner.
25WV00016
The applicants request a waiver to Section 62-2883(d) which states, “a minimum 15-foot perimeter buffer shall be required, and that buffer shall remain undisturbed along all property boundaries and shall be platted as a common tract, separate from individual lots.” The applicant requests to waive the buffer requirement and instead allow landscaping, grading and drainage improvements on the rear and two sides of the project. The applicant states that the design of the townhomes and driveways for each unit will make it impossible to maintain an undisturbed 15-foot perimeter buffer, and the requirement places an undue hardship to the applicant due to the physical limitations of the property.
25WV00017
Per Section 62-3206(b)(4), the parking for a project shall be designed so that the ingress/egress to and from the site provides for safe traffic flow on the site, and between the site and adjoining lands, including public rights-of-way. The parking for this project is designed so that vehicles will be backing into the private rights-of-way. The applicant asserts that passenger vehicles routinely back out of single-family residences into the public right-of-way, and that the roads within Sykes Landing will be privately maintained such that the low volume of traffic generated by the single-family attached homes will not be a safety concern.
The waiver application includes responses to staff comments in the form of updated applications and criteria dated June 19, 2025 from David Bassford, a Florida licensed professional engineer from MBV Engineering, Inc. He asserts the property is constricted by width and by existing topography and drainage patterns, and that maintaining the required county standards renders development of the property not feasible. The responses also included a typical right-of-way cross-section proposed on Sheet C-802, Figure 12, and that construction of all improvements will adhere to County standards with the exception of width.
Staff has not granted approval of the waiver requests stated above, and pursuant to Section 62-2849 of the Brevard County Land Development Code, requests that the Board of County Commissioners evaluate the applicant’s request to waive the aforementioned code sections. Board approval of these waivers does not relieve the developer from obtaining all other necessary jurisdictional permits.
Contact: Tim Craven, Senior Planner, 58266
Clerk to the Board Instructions: