Brevard County Logo
File #: 3196   
Type: Public Hearing Status: Adopted
File created: 7/26/2021 In control: Planning and Development
On agenda: 8/5/2021 Final action: 8/5/2021
Title: 4090 Aurora Pines, LLC (Bruce Moia) requests a Small Scale Comprehensive Plan Amendment to change the Future Land Use designation from RES 4 to RES 6. (21PZ00030) (Tax Account 2702879) (District 5)
Attachments: 1. Administrative Policies of the Future Land Use Element.pdf, 2. Staff Comments, 3. GIS Maps, 4. Draft Ord, 5. Application Pages, 6. Survey, 7. School Concurrency, 8. P&Z Minutes 07-12-21, 9. P&Z Minutes 07-26-21, 10. Signed Waiver

Subject:

Title

4090 Aurora Pines, LLC (Bruce Moia) requests a Small Scale Comprehensive Plan Amendment to change the Future Land Use designation from RES 4 to RES 6. (21PZ00030) (Tax Account 2702879) (District 5)

End

Fiscal Impact:

None

Dept/Office:

Planning & Development

Requested Action:

Recommendation

It is requested that the Board of County Commissioners conduct a public hearing to consider a change of Future Land Use designation from RES 4 (Residential 4) to RES 6 (Residential 6).

End

Summary Explanation and Background:

 

The applicant is seeking to change the Future Land Use designation on 6.21 acres of land from RES 4 to RES 6 to be consistent with the proposed TR-1-A (Single-Family Mobile Home) zoning which is part of an existing mobile home park. A companion rezoning application has been submitted to request a change of zoning from TR-3 (Mobile Home Park) to TR-1-A.

 

The RES 6 land use designation affords a transition in density between the higher urbanized areas and lower density land uses.  This land use designation permits a maximum density of up to six (6) units per acre, except as otherwise may be provided for within the Future Land Use Element.

 

To the north of the subject property, across White Road, is Village Glen Manufactured Home Park, to the east is a single-family resident, to the south across Aurora Road is a Church, vacant residential land, a single-family residence and Indian River Groves and Gardens.

 

The Board may wish to consider the request is consistent and compatible with the surrounding area.

 

The Board may wish to consider Chapter 2021-195, Laws of Florida, and the potential delay until the following elements are incorporated into the Comprehensive Plan.

 

1.                     The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.

2.                     The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances.

3.                     The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.

4.                     The right of a property owner to dispose of his or her property through sale or gift.

 

At a minimum, the above listed rights should be considered as part of the Board’s decision.

 

On July 26, 2021, the Local Planning Agency heard the request and unanimously recommended approval.

 

Clerk to the Board Instructions:

Upon receipt of ordinance, please execute, file with the State, and return a copy to Planning and Development