Subject:
Title
BT Rodes, LLC - Padgett Properties Trust (Kelly Delmonico) request a change of zoning classification from BU-1-A and AU to BU-2. (26Z00020) (Tax Accounts 2800696 and 2800697) (District 5)
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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 in zoning classification from BU-1-A (Restricted Neighborhood Retail Commercial) and AU (Agricultural Residential) to BU-2 (Retail, Warehousing and Wholesale Commercial).
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Summary Explanation and Background:
The applicant is requesting a rezoning from BU-1-A (Restricted Neighborhood Retail Commercial), and AU (Agricultural Residential) to BU-2 (Retail, Warehousing, and Wholesale Commercial) on two parcels for the future development and expansion of an established general contractor’s office that requires indoor and outdoor storage of construction materials and commercial vehicles. The north parcel is zoned BU-1-A and developed with a contractor’s office and a communication tower, and the south parcel is zoned AU and developed with a single-family residence. The applicant has submitted a companion Small-Scale Comprehensive Plan Amendment (SSCPA) application 26SS00006, requesting to change the Future Land Use Map (FLUM) from Residential 6 (RES 6) to Community Commercial (CC).
The current BU-1-A zoning classification for the north parcel does provide for general contractors' administrative offices but prohibits outside storage of materials and products. The current AU zoning on the south parcel and a FLUM designation of RES 6 on both properties does not provide for the proposed use of a general contractor’s office that requires indoor and outdoor storage of construction materials and commercial vehicles.
The proposed rezoning would extend commercial zoning into an area primarily developed with residential uses and would increase the intensity of permitted uses beyond those currently allowed under the existing BU-1-A and AU zoning classifications. The Board may consider whether this expansion is compatible with the established development pattern of the surrounding area. The closest property with BU-2 zoning classification is located approximately 800 feet south and west of the subject property on the north side of W. New Haven Ave. (U.S. Hwy 192). The applicant has indicated a willingness to enter into a Binding Development Plan agreement to limit BU-2 uses and provide required privacy screening for adjacent properties.
The 0.98-acre north parcel was put in its current configuration when it was split from the property to the north on February 10, 1983, and recorded in OR Book 2410, Page 2366. The property received a variance, V-1425, on July 18, 1984, to permit a wooden stockade fence in lieu of the required 6-foot solid masonry wall on the north and east property lines in the BU-1-A zoning classification as required in the Brevard County Code applicable at the time.
The property to the north of the subject properties is a 0.98-acre parcel, zoned AU with RES 6 FLU designation, and developed with a single-family residence. South of the subject properties is a 0.99-acre parcel, zoned AU with NC FLU designation, and developed with a single-family residence. Six properties abut the subject properties to the east, and all are developed with single-family residences. Five of the six properties are zoned RU-1-9 (Single-Family Residential), and the northernmost property is zoned RR-1 (Rural Residential). West of the subject property across the S. John Rodes Blvd. right-of-way are three parcels within Brevard County jurisdiction and one parcel within the jurisdiction of the City of West Melbourne. The northernmost parcel within Brevard County jurisdiction is 6.8 acres, developed with a single-family residence and zoned AU with RES 15 FLU designation. The second parcel is a vacant 2.9-acre lot and zoned AU with NC FLU, and the southern 0.39-acre parcel is zoned RA-2-10 with NC FLU designation and is vacant. The parcel within the City of West Melbourne is developed with a 316-unit multi-family apartment complex with R-3 multi-family zoning and UD-RES FLU (18 units per acre).
Agricultural Residential (AU) was the original zoning classification designated for both properties when the zoning code was established on May 22, 1958. The south property retains the original AU zoning designation.
On August,11 1983, the Board of County Commissioners approved a rezoning of the north property with zoning action Z-6447. The owners had applied for a rezoning from AU to BU-1, but the Board restricted the entitlements by only allowing a zoning change to BU-1-A.
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, August 06, 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 Room, Viera, Florida.
Clerk to the Board Instructions:
None