Subject:
Title
Lazy River Investments LLC requests a zoning classification change from RU-1-13 to AU(L). (25Z00049) (Tax Account 3008729) (District 3)
End
Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Planning & Zoning Board conduct a public hearing to consider a change of zoning classification from RU-1-13 (Single-Family Residential) to AU(L) (Agricultural Residential (Low Intensity)).
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Summary Explanation and Background:
The applicant, Lazy River Investments, LLC, purchased the subject 20.13-acre property on May 9, 2019. In 2019, the Brevard County Comprehensive Plan Future Land Use Map (FLUM) designation for the property was Residential 1 unit per 2.5 acres (RES 1:25) and has not been changed. Under the density restriction of the FLUM the maximum allowable density of the subject property is 8 dwelling units. The subject property’s existing zoning of RU-1-13 allows a density of greater than 1 unit per 2.5 acres and, therefore, it is inconsistent with the FLUM. The applicant is requesting to rezone the property from Single-Family Residential (RU-1-13) to Agricultural Residential - Low Intensity (AU(L)) which allows 1 unit per 2.5 acres to be consistent with the Residential 1:2.5 (RES 1:2.5) Future Land Use (FLU) designation. The applicant has included a proposed plan for seven (7) single-family residential parcels (units).
The applicant has supplied a concept plan (attached); this plan is for illustrative purposes and is non-binding; it has not undergone review for land development regulation compliance.
Lots 10 and 11 total approximately 20-21 acres, depending on whether road right-of-way is included. Although the plat shows slightly different acreages than the applicant’s survey, both lots were created prior to the County’s Code of Ordinances (1958) and Comprehensive Plan (1988); therefore, they qualify as Nonconforming Lots of Record. The property is currently vacant.
Under Administrative Policy 2, staff is required to review the request for consistency with the Comprehensive Plan, zoning criteria, and other applicable standards. Objective 15 of the Future Land Use Element seeks to reduce inconsistencies between zoning and the Comprehensive Plan, but Policy 15.5 specifically allows development of nonconforming lots without requiring rezoning if certain criteria are met. Lots 10 and 11 meet these criteria, including dimensional requirements, and may each be developed with a single-family dwelling pursuant to Section 62-1188.
However, environmental constraints significantly affect the site. The southern portion of the property lies within both the Coastal High Hazard Area (CHHA) and the Special Flood Hazard Area (SFHA). Objective 7.0 of the Coastal Management Element discourages increasing density within the CHHA. The applicant proposes three dwelling units in this area and has not agreed to staff’s recommendation to limit development within the CHHA in order to comply with the Objective. If such a limitation were pursued, it could be formalized through a Binding Development Plan (BDP).
Development within the SFHA also triggers Section 62-3723, requiring avoidance of adverse impacts, protection of receiving waters, and elevating development above the 100-year flood elevation (approximately 6.3 feet). Substantial filling would likely be required.
The site is mapped as Upland Mixed Coniferous/Hardwood (FLUCCS) and contains Protected and Specimen Trees. Extensive fill needed to elevate the site could impact these resources and reduce natural ecological functions. Additionally, NWI-mapped wetlands exist along the shoreline, indicating potential jurisdictional wetlands; a delineation will be required prior to any development activity. Residential uses within wetlands are restricted under Section 62-3694(c)(1).
On May 30, 2019, the Board of County Commissioners conducted a public hearing for a Large-Scale Comprehensive Plan Amendment and a companion Zoning action for the acceptance of Binding Development Plan (BDP) for consistency with FLU of Residential 1 (18PZ00167). The result of that hearing was that the Large-Scale Amendment was denied, and the applicant withdrew the BDP request.
On December 5, 2019, the Board conducted a public hearing to consider the approval of Zoning action 19PZ00093. At this hearing the applicant presented a BDP limiting the development of property to 8 lots with other stipulations offered to help mitigate the proposed development. The Board also denied this request.
On February 04, 2021, the Board of County Commissioners conducted a public hearing to consider the approval of Zoning action 20Z00030 to rezone the subject parcel from RU-1-13 to AU(L). The applicant proposed 8 single-family units. The request, which is essentially identical to the request at hand, was denied after a public hearing.
On March 23, 2021, the Board of County Commissioners adopted Resolution No. 21-032, approving setting forth the Findings of Facts and conclusion of the denial of the request for rezoning from Residential, RU-1-13 to Agricultural Low Intensity AU(L). These adopted Findings state that “In Conclusion the Board of County Commissioners hereby finds the proposed rezoning to AU(L) fails to meet the requirements of the Future Land Use Element, the Conservation Element and the Coastal Element of the Brevard County Comprehensive Plan. Accordingly, the rezoning request to AU(L) is denied.”
The statute also allows for administrative rules, adopted under Chapter 28-36, F.A.C., to implement the ACSC designation and guide how local decisions are reviewed.
The Board may consider if:
1. The proposed 7-unit development, including 3 units in the CHHA, satisfies the Coastal Management Element’s directive to limit densities in hazardous areas.
2. Whether required floodplain fill and resulting environmental impacts comply with the Conservation Element and Section 62-3723.
3. Whether the request remains inconsistent with prior Board findings in Resolution 21-032.
4. The applicant is willing to enter into a Binding Development Plan necessary to ensure:
o Limits on CHHA development,
o Tree/wetland protection,
o Flood hazard mitigation.
The Board of County Commissioners will consider the request on Thursday, February 05, 2026, beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None