Subject:
Title
Acceptance, Re: Binding Development Plan with The Heather Calligan Trust (District 1)
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Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
In accordance with Section 62-1157, it is requested that the Board of County Commissioners accept, and the Chair sign, the Binding Development Plan.
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Summary Explanation and Background:
A BDP (Binding Development Plan) is a voluntary agreement presented by the property owner to self-impose limits upon development of a property in support of a change of zoning or conditional use permit. Pursuant to Section 62-1157, a BDP shall be recorded in the public records within 120 days of the Board's approval of the zoning request. Following staff and legal review, the BDP is presented to the Board in recordable form as a Consent Agenda item in order to finalize the zoning action.
On December 2, 2021, the Board approved a change of zoning classification from RU-1-11 (Single-Family Residential) with a BDP, to RU-1-7 (Single-Family Residential) with a BDP, including, but not limited to the following stipulations:
* Developer/Owner shall limit gross density on the property to a maximum of 198 units. Minimum unit size shall be 1,800 square feet or larger. The minimum lot size for the project shall be 6,000 square feet. Any increase in site density will require an amendment to this agreement and will require public hearings and notice as provided in the Code of Ordinances of Brevard County, Florida.
* Developer/Owner shall construct a berm with an average height of 4 feet (varies from 3 feet to 5 feet high) along the length of the Property that fronts on Turpentine Road. The berm will be located in the buffer area contiguous to Turpentine Road. This area will also include a 6-foot high wood fence or opaque vegetative landscaped buffer. The berm shall be irrigated and maintained by the Developer/Owner and/or its assigns. The berm will be constructed along with the initial phase ...
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