Subject:
Title
Authorization to request rezoning of County-owned property located at 212 Riverside Park Drive in the City of Indian Harbour Beach to allow for needed sanitary sewer infrastructure improvements.
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Fiscal Impact:
Rezoning application fee ($100), together with costs and fees incurred by the City in processing the petition to include advertisement costs, planning consultant fees, and other related costs.
Dept/Office:
Utilities Department / County Attorney’s Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners authorize the County Attorney to act as the County’s legal representative and petition the City of Indian Harbour Beach for a rezoning of the subject property from P-1 Institutional to P-2 Institutional. It is further requested that the Board authorize the County Attorney and/or County Manager to execute a Rezoning Application, Affidavit of Ownership, and such other documents as may be required by the City to process the rezoning petition.
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Summary Explanation and Background:
The Brevard County Utilities Department seeks to construct lift station improvements for the existing B20 lift station located at 212 Riverside Park Drive in the City of Indian Harbour Beach. This project will improve the resilience, reliability, and capacity of the County’s regional sanitary sewer infrastructure on the barrier island, which serves City and unincorporated County residents.
The subject property is located within the City’s P-1 Institutional zoning district. The existing lift station pre-dates the City zoning code and is considered a non-conforming use. The lift station improvement project cannot proceed within the P-1 zoning district because that district requires a minimum perimeter setback of at least one hundred (100) feet for all uses, and a minimum setback of three hundred (300) feet for any sewage treatment ponds or other sewage holding areas including sewage tanks. These setback requirements render the project impossible due to the size and configuration of the site.
After consultation with City staff and the project design engineer, it was determined that the City’s P-2 Institutional zoning district would allow the property to be used as a lift station site. The P-2 district requires perimeter setbacks of at least twenty-five (25) feet for all uses, and a minimum setback of thirty-five (35) feet when a use abuts property zoned for single-family residential use. These reduced setbacks will accommodate the lift station improvement project. Rezoning the property to P-2 Institutional will also help resolve an alleged code violation relating to the County’s past installation of a tank on the property in a location that does not meet the P-1 zoning district setbacks.
The City’s rezoning process requires public notice, a community engagement process, and several public hearings. The County Attorney’s Office and Utilities Department staff will present the rezoning request on behalf of the County.
Clerk to the Board Instructions:
Please provide a copy of the Clerk’s Memorandum to the County Manager, County Attorney, and Utilities Department Director.