Subject:
Title
Acceptance, Re: Binding Development Plan with Carter and Jessica Hayes (District 2)
End
Fiscal Impact:
None
Dept/Office:
Planning and 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 February 3, 2022, the Board approved a change of zoning classification from AU (Agricultural Residential) to RU-2-4 (Low Density Multi-Family Residential), with a BDP including, but not limited to, the following conditions:
• Developer/Owner shall limit development on the property to a maximum of two (2) duplexes, and may be further restricted by any changes to the Comprehensive Plan and/or the County’s land development regulations.
• Developer/Owner agrees to and, therefore, shall provide sewer connection(s) to the units.
• Developer/Owner agrees not to use the property for resort dwelling purposes and, therefore, such use is prohibited.
• Developer/Owner agrees to the opaque buffer requirement, as defined in Brevard County Code, Section 62-4342, of 160 feet on the west side of the property. The entirety of this buffer is, at this time, assumed to be completely contained in a wetland area. The existing native trees and vegetation will be counted toward the planting requirements in the buffer area.
• Developer/Owner agrees to remove any Brazilian Pepper Trees I the buffer area pursuant to Brevard County Code, Section 62-4341(15). Removal must be done in accordance with Federal, State, and local rules and regulations.
The attached binding development plan includes these provisions.
Clerk to the Board Instructions:
Upon recordation, please return two certified copies of the BDP to Planning and Development.