Subject:
Title
Preliminary Development Plan Amendment, Re: North Viera Planned Unit Development (PUD) Minor Amendment #7. (24PUD00006) (District 4)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
Staff is seeking the Board’s confirmation that a proposed amendment to the North Viera PUD is not considered substantial and is within the administrative authority provided to the Zoning Official by Brevard County Code of Ordinances.
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Summary Explanation and Background:
Section 62-1448 (c) provides that the Zoning Official has the authority to approve minor (i.e. non-substantial) changes to Board approved PUDs, such as the North Viera PUD. However, Board approval is required when proposing substantial changes; substantial changes include increasing the density or intensity of the project, decreasing the amount of buffer areas from adjacent property, or decreasing the amount of common open space.
Section 62-1446 (b) provides that the average density permitted in each PUD shall be established by the Board. Section 62-1446 (c) establishes the required minimum common recreation and open space.
The proposed amendment adds two residential lots and reduces the open space by 1.12 acres within Tract “A” of Tract BB,V which is internal to the North Viera PUD. Viera Tracts “BB&V” Phases 4 and 5, of Viera North P.U.D. recorded in Plat Book 40, Page 60 notes Tract “A” as 2.86 acres. “To be utilized for recreation purposes and are reserved by The Viera Company, its successors and assigns, which may include Indian River Colony Club an owners association or the Viera East Community Development District (V.E.C.D.D.).” The Viera North P.U.D. Preliminary Development Plan notes IRCC/Tract A/2.86 acres as neighborhood park.
The current allotment is 321 single-family residential lots within Tract BB,V. Under the proposal, the residential units increase from 309 to a total of 311 single-family residential lots, which falls within their current allotment. Staff has determined this request is de minimis and does not constitute a substantial change. The additional residential lots remain within the current allotment, thus allowing it to fall within the purview of the Zoning Official for administrative approval.
The open space decreases from 560.73 acres to 559.61 acres which is approximately 0.2%, and the result of the change far exceeds the required 254.90 acres of active/passive open space recreation. The decrease of the active/passive open space recreation is to accommodate the increase of residential lots in Tract BB,V. Staff has carefully reviewed this request and has concluded that it does not represent a substantial change. The reduction in open space does not adversely affect the required open space or decrease the amount of buffer areas from adjacent property.
Staff is seeking the Board’s concurrence that proposed changes are not substantial and fall within staff’s administrative authority.
Clerk to the Board Instructions:
None