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Council approves first reading of planned-development rezones for North Ninth Avenue townhouses

2485807 · March 4, 2025
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Summary

Brandon City Council approved first readings of two ordinances to create a planned development and rezone four townhouse properties on North Ninth Avenue so units may be individually platted and sold; the change will create a homeowners association and include access agreements.

Brandon City Council approved first readings of two related ordinances — Ordinance 7-25 and Ordinance 7-26 — to establish a planned development and rezone properties at 401, 409, 417 and 408 North Ninth Avenue so the existing townhouse rental buildings may be subdivided into individually owned lots.

Planning staff told the council the planned-development designation is needed because, under the current zoning, individual lots created by a plat would not meet standard lot requirements. Patrick, a planning staff member, said the planned development allows the subdivision while addressing the lot-size issue and includes provisions to govern shared utilities and access. “The two big components … other than the rezone is a HOA will be created to be the underlying entity responsible for utility bills for the building,” Patrick said, adding that an agreement attached to the plat would allow interior-unit owners to cross neighboring yards to access and maintain rear yards.

The nut graf: The ordinances are intended to let owner-occupants buy interior townhouse units that currently lack private exterior access while creating rules to ensure utilities and property access are managed through a homeowners association and recorded easements.

In discussion, staff emphasized that without the planned development designation the city could not approve a plat that would create lots falling short of zoning requirements. The proposal also includes an agreement granting interior units a reproducible access route over the adjoining end-cap unit’s front, side and rear yard for maintenance and use because those interior units lack direct exterior access.

A realtor for the property was present during the discussion to answer council questions. The council voted voice approval on the first reading of Ordinance 7-25 and similarly approved the first reading of Ordinance 7-26; both motions carried by voice vote with “aye” indicated.

No second-reading debate or final adoption was recorded in the transcript. The ordinances will return to the council for the required additional reading and final action.

Ending: Council members did not raise additional substantive changes during the first readings; staff will process the required plat and agreements as the rezoning proceeds toward final readings.