TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich Jr., County Administrator
FROM: Brandon C. Creagan, LEED Green Associate; Chief, Current Development
DATE: June 16, 2025
SUBJECT: Appeal of the Planning and Zoning Commission’s Decision to Deny a Conceptual Planned Development (PD) Plan and PD Rezoning, and Concurrent Preliminary PD Plan for a Project to be Known as Floresta Gardens PD [PD-24-07-05 / 2001020054 - 96566] (Quasi-Judicial)
BACKGROUND
K. Hovnanian Southeast Florida Division, LLC has filed an appeal of the Planning and Zoning Commission's (PZC) May 22, 2025 decision to deny the request to rezone approximately 18.08 acres from A-1, Agricultural-1 (up to 1 unit/5 acres) to PD, Planned Development. The appeal also encompasses a request to appeal the PZC’s decision to deny the concurrent conceptual & preliminary PD plan request subject to the rezoning request for Floresta Gardens PD. The applicant asserts that the denial was not based on competent substantial evidence and that staff’s recommendation of approval shall be upheld. Below is an analysis of the reasons for denial of the PZC and staff’s findings and recommendation of approval.
ANALYSIS
Please see the attached PZC staff report dated May 15, 2025 for a detailed analysis of the proposed Floresta Gardens PD project as well as staff’s recommendation and reasoning for recommending approval. Also, attached is also the applicant’s request for appeal and their reasoning for the appeal request.
BUDGETARY IMPACT
N/A
PREVIOUS BOARD ACTIONS
The PZC, at their meeting on May 22, 2025, voted 4-3 to deny the request to rezone approximately 18.08 acres from A-1, Agricultural-1 (up to 1 unit per 5 acres), to PD, Planned Development. This denial also included the request for concurrent conceptual and preliminary PD plan approval for the Floresta Gardens PD associated with the rezoning request. Pursuant to Section 902.12(4)(d) of the County Land Development Regulations (LDRs), a denial of a rezoning request by the PZC is considered final. However, under Section 902.12(4)(e), any appeal of such a denial shall be heard by the Board of County Commissioners (BCC) de novo, meaning the public hearing will be conducted anew, with the BCC hearing all presentations and testimony as if the matter were being considered for the first time.
POTENTIAL FUTURE BOARD ACTIONS
N/A
STAFF RECOMMENDATION
Recommended Action
Staff recommends that the BCC grant approval of the PD rezoning request and the concurrent conceptual PD plan and preliminary PD plan for Floresta Gardens PD, with conditions. A more detailed breakdown of the staff recommendation, complete with conditions of approval, can be found in the PZC staff report dated May 15, 2025.