Subject:
Title
Legislative Intent and Permission to Advertise Amendments to Sec. 62-1157, Brevard County Code of Ordinances RE: Binding Development Plan Requirements
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Fiscal Impact:
Cost of advertisement of associated ordinance amendments
Dept/Office:
Planning and Development
Requested Action:
Recommendation
Legislative intent and permission to advertise are requested in amending Sec. 62-1157, Brevard County Code of Ordinances, to: (1) require that an application for a Binding Development Plan ("BDP") identify all legal and equitable owners of the property, and any entity with an interest in the property, including, but not limited to, any lienor(s); (2) require that all legal or equitable owners of the property, and any entity with an interest in the property, including, but not limited to, any lienor(s) be a party to the BDP prior to final approval by the Board of County Commissioners; and, (3) clarify when the 120-day period to record a BDP begins.
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Summary Explanation and Background:
This item is to seek legislative intent and permission to advertise code amendments to Section 62-1157, Brevard County Code of Ordinances, in order to rectify several issues surrounding Binding Development Plans ("BDP") that have been identified.
It is requested that Section 62-1157 be amended to require all those with a legal or equitable interest in the property at issue, as well as any entity with an interest in the property, including, but not limited to, any lienor(s), be party to a BDP. Requiring the owners of and interest holders in the subject property be identified in the application and, ultimately, joined in the BDP is necessary to ensure such individuals/entities are bound by the BDP's terms and conditions. The requirement of being a party to the BDP could be met by either being a signatory to the BDP itself, or a legal instrument such as a joinder that would bind the interest-holder to the BDP.
Additionally, while Section 62-1157(1)(g) states, in pert...
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