Subject:
Title
Cirrus Properties LLC (David Bassford) requests a change from BU-2 (Retail, Warehousing and Wholesale Commercial) with a BDP to BU-2 with an amendment to the existing BDP. (26Z00011) (Tax Account 2602467, 2602464, 2602466, 2602468) (District 4)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Planning and Zoning Board conduct a public hearing to consider a change from BU-2 (Retail, Warehousing and Wholesale Commercial) with a BDP to BU-2 with an amendment to the existing BDP.
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Summary Explanation and Background:
The applicant is requesting an amendment to the existing Binding Development Plan (BDP) to allow for a new site layout on a 2.4-acre property within a BU-2 (Retail, Warehousing and Wholesale Commercial) zoning classification. The existing BDP was approved on August 3, 2023, as part of zoning action 23Z000034, rezoning the property from GU (General Use), and BU-1 (General Retail Commercial) to BU-2. The proposed BDP is a request to remove the requirement to maintain a 15’ vegetative buffer and 6’ opaque fence along the west boundary of the property, as denoted in Paragraph 3 of the existing BDP, while keeping the remainder of the BDP unchanged. The landscape buffer and 6’ opaque fence was voluntarily proposed by the applicant during the public hearings for the previous zoning action to provide the buffer between the proposed commercial activity and the existing residences to the west.
The applicant has supplied a non-binding concept plan (attached) of the property proposing to vacate Second and Third Street and combine all four parcels into one. The applicant intends to construct an 18,000 sq. ft. warehouse building. This concept plan is currently under site plan review under application 25SP00016. The applicant is on notice that, should this application be approved, removal of the language requiring specified buffers and fencing does not imply an exemption from otherwise applicable land development regulations.
Section 62-4342(1)(a) of the Brevard County Code of Ordinances denotes that the required Type A opaque buffer “may utilize a masonry wall, wood fence, landscaped earth berm, planted or existing vegetation or any combination thereof that maintains a completely opaque buffer.” Section 62-3202(h)(10) requires a 6’ masonry or solid wall when site planning in BU-2 zoning designations adjacent to residential zoning.
The subject property was originally zoned GU, and a portion of the lot abutting the east side of Second Street was rezoned to BU-1 on November 9, 1961, with zoning action Z-585. On September 12, 2023, the property was rezoned from GU and BU-1 to BU-2 with a binding development plan through zoning action 23Z00034.
The site has direct access to the county-maintained roadways of Aspinwall Avenue, Second Street, and Gannett Plaza Avenue.
The property is within the City of Cocoa Water service area and South-Central Sewer service area. As of June 1, 2026, the current South Central Wastewater plant capacity, based on actual connections, is 50%.
The property to the north of the subject property across Aspinwall Avenue is a 3.01-acre lot improved with a multi-tenant office complex, zoned BU-1 and with a CC (Community Commercial) Future Land Use designation (FLU). To the south is 0.51-acre parcel developed with a single-family home built in 1995, zoned GU and has an NC (Neighborhood Commercial) FLU. East of the subject property across the US Highway 1 right-of-way is a site that is improved with a restaurant and is zoned BU-2 with a CC FLU. West of the subject property is a 0.34-acre site zoned TR-1 improved with a single-family residence built in 2005 and NC FLU. Additionally, there is a 0.34-acre parcel with a single-family residence from 1957 zoned GU with NC FLU.
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 01, 2026, beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, Commission, Viera, Florida.
Clerk to the Board Instructions:
None