Subject:
Title
Boniface and Company, Inc. (Kimberly Rezanka) requests a zoning classification change from BU-1 with a BDP to BU-1 with removal of a BDP. (25Z00020) (Tax Account 2800682) (District 5)
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Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Planning & Zoning Board conduct a public hearing to consider a change of zoning classification from BU-1 (General Retail Commercial) with a BDP (Binding Development Plan) to BU-1 (General Retail Commercial) with removal of a BDP.
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from BU-1 (General Retail Commercial) with a BSP on 12.81 acres to BU-1 (General Retail Commercial) to allow for expansion of the Boniface-Hiers Kia dealership and service center. The subject parcel has access to W. New Haven (U.S.192), a state-maintained roadway. This request would effectively remove the original BSP from 12.81 acres of the 46± acre total affected area. The remaining affected property is no longer owned by the same owner. And, the current owner does not have authorization to remove the entirety of the BSP. The subject parcel is currently developed and is located on the north side of W. New Haven.
In accordance with Section 62-1157(4), Existing binding site plans shall be treated as binding development plans insofar as they are consistent with the 1988 county comprehensive plan, as amended, and more restrictive ordinances of the county, and the plans shall continue to be binding on the applicant and his assigns, heirs and successors in title or possession of the lot, tract or parcel of land. However, at the time such binding site plans are amended, the plan shall be converted to the form of the binding development plans required under this section.
On the BU-1 portion of the subject property, the BSP required a masonry wall on the north, east, and west property boundaries to provide a buffer for the site from the residential zoning to the west and north property boundaries. And an antique store that abutted the subject property on the southeast corner.
The applicant is proposing to remove the BSP on 12.81 acres due to the north wall was constructed and is to remain in place. The owner does not intend to remove this wall.
On the western boundary, the wall shown on the BSP is no longer on the property owned by the current property owner. This area is owned by the Meadow Lake Subdivision and provides ingress/egress to the subdivision.
It is the applicant’s position that the wall on the east side of the property is not necessary, as the additional single-story building will still provide a 207-foot setback and substantial vegetative buffer that currently already exists and is to remain in place. In addition, the applicant states there are 2 existing public easements as additional buffer to the east: Crane Creek has a 58-foot public drainage right-of-way (R/W) and a 40-foot public R/W (unnamed road), as noted by the provided survey. Staff analysis has determined that the vegetative buffer noted by the applicant is approximately between 125 feet and 220 feet in width and approximately 500 feet in length on the east side property line.
The Board may wish to consider if the request is consistent and compatible with the surrounding area.
The Board of County Commissioners will consider the request on Thursday, October 02, 2025, beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.
Clerk to the Board Instructions:
None