Subject:
Title
Laughing Clown LLC requests a zoning classification change from RP to BU-1-A. (25Z00028) (Tax Account 2806925) (District 5)
End
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 RP (Residential-professional) to BU-1-A (Restricted neighborhood retail commercial).
End
Summary Explanation and Background:
The applicant is requesting a change of zoning classification from RP (Residential-Professional) to BU-1-A (Restricted neighborhood retail commercial) on 0.63 acres to allow an existing professional office building to be converted into a general retail commercial use permitted within the BU-1-A zoning classification. The applicant has a companion Small Scale Comprehensive Plan Amendment application, 25SS00009, requesting a FLUM change from Residential 2 (Res 2) to Community Commercial (CC). The subject property has been previously utilized as a doctor’s office under the RP zoning designation.
The BU-1-A zoning classification permits restricted neighborhood retail and personal service uses to serve the needs of nearby low-density residential neighborhoods. Minimum lot size of 7,500 square feet is required with minimum width and depth of 75 feet. Conditional uses such as convenience stores with gas pumps, private clubs, and on-premises sale of or serving of alcoholic beverages accessory to a snack bar or restaurant are also permitted in this classification. An example of one of the most intense uses allowable within the BU-1-A zoning is a donut/coffee shop and an example of a low intense use would be a medical clinic.
Approval of the BU-1-A zoning classification and CC FLU designation would allow the applicant or their successors to develop affordable housing residential units up to 30 units per acre, under BCC Policy-100 (Live Local Act), which was enacted 2023 and revised in 2024. Pursuant to Florida Statute 125.01055, a county must authorize multifamily and mixed-use as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are rental units that, for a period of at least 30 years, are affordable as defined in FS 420.0004.
Abutting the subject property to the north is a 0.81-acre lot developed with a single-family home with an RP zoning designation and a RES 2 FLU designation. Abutting the subject property to the south is a 0.62-acre parcel developed with a single-family home and located within jurisdiction of the City of West Melbourne. The subject property is bordered to the east by Minton Road, a county-maintained arterial roadway. A multi-family apartment complex is located on the 32.18-acre parcel located directly across from the subject property on the east side of Minton Road and within the jurisdiction of West Melbourne. There are two (2) properties abutting the subject property to the west. The first property is a 0.42-acre lot improved with a single-family residence. The second parcel is a 1.19-acre lot improved with a single-family residence. Both lots are zoned RU-1-13 with a RES 2 FLU designation.
The Board may consider if the request is consistent and compatible with the surrounding area.
The Board of County Commissioners will consider the request on February 05, 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