Subject:
Title
Appeal Request Re: Appeal to Denied Sidewalk Waiver for the Green Leaf residential subdivision in West Melbourne (26WV00001) (21RW01206) (District 5)
End
Fiscal Impact:
Indeterminate
Dept/Office:
Planning and Development/ Land Development
Requested Action:
Recommendation
Pursuant to Brevard County Code of Ordinances Section 62-3207(b) and subsequent to staff's denial of sidewalk waiver 26WV00001, Greenleaf Estates, LLC, is appealing staff's denial to the Board of County Commissioners. The applicant seeks the Board's approval to waive installation of a sidewalk along the frontage of the Grean Leaf Subdivision, which is adjacent to Carriage Gate Drive. Granting approval to this sidewalk waiver (26WV00001) would allow approximately 1,800 feet of sidewalk installation to be postponed in accordance with the attached sidewalk assessment agreement.
End
Summary Explanation and Background:
On January 14, 2026, the applicant, Greenleaf Estates, LLC, submitted a waiver application to postpone the requirement to construct a sidewalk along the abutting Carriage Gate Dr. street frontage. The waiver is related to the Grean Leaf Subdivision currently being developed within the jurisdiction of the City of West Melbourne. Carriage Gate Dr., a County-maintained road, is a roadway adjacent to the subdivision.
Sec. 62-2956(b)(2), Brevard County Code of Ordinances, requires that the developer "provide sidewalks adjacent to roadways abutting their project" but provides that "in areas where it can be demonstrated by the applicant that there is no current or future need for sidewalks in the immediate area, the sidewalk requirement may be administratively waived, provided that a sidewalk assessment agreement is entered into by the property owner." This Section further allows for an appeal process in the case of an administrative denial of a requested waiver.
On February 23, 2026, the waiver was evaluated by county staff based on the criteria of Section 62-2956(b)(...
Click here for full text