Subject:
Title
Public Hearing, Re: Ordinance Amending Chapter 62, Article VI, Division 2, Section 62-1157, "Submission of a Binding Development Plan in Support of Request for Change of Zoning or Conditional Use Permit"
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Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing and adopt the proposed ordinance amending Chapter 62, Article VI, Division 2, Section 62-1157, "Submission of a binding development plan in support of request for change of zoning or conditional use permit".
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Summary Explanation and Background:
On August 30, 2022, the Board of County Commissioners approved legislative intent and permission to advertise Amendments to Section 62-1157, Brevard County Code of Ordinances, "Submission of a binding development plan in support of request for change of zoning or conditional use permit". At its February 21, 2023 regular meeting, the Board tabled consideration of this item and directed staff to make modifications to the proposed ordinance in order to make it less burdensome for applicants.
Since that time, staff has modified the proposal to only require "known" parties with a "legal or equitable interest" in the property to be identified at the application stage of a Binding Development Plan (hereinafter "BDP"). Additionally, the requirements for which parties are bound to the BDP have been narrowed to "persons or entities with a legal interest of record in the subject property . . .including, but not limited to, any mortgage holder(s)." The prior version presented for Board consideration would have required "any entity with an interest in the property" be a party to the BDP.
These amendments are being requested for several reasons. First, requiring the owners and mortgage holders of the subject property to be joined in the BDP is necessary to ensure such individuals/entities are bound by the BDP's terms and conditions. Th...
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