Subject:
Title
Wayne & Laura Bresette (Kim Rezanka) request a change of zoning classification from BU-1 to BU-2. (25Z00005) (Tax Account 2410956) (District 1)
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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 from BU-1 (General Retail Commercial) to BU-2 (General Retail Commercial)
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from BU-1 (General Retail Commercial) to BU-2 (Retail, Warehousing, and Wholesale Commercial) for the purpose of mobile home sales.
Mobile home and travel trailer sales are a permitted use with conditions in BU-2 zoning. The property is located on the eastside of N. Highway 1., which is a State maintained highway, and would be pursuant to Florida Department of Transportation (FDOT) requirements and Brevard County Code.
The proposed BU-2 zoning classification permits retail, wholesale and warehousing commercial land uses on minimum 7,500 square foot lots. Possible incompatibilities are due to the intensive nature of commercial activities permitted by the BU-2 classification and possible noise, light, traffic and other nuisance factors potentially associated with BU-2 activities (auto-repair facilities, paint and body shops, and contractor storage yards).
In 2023, the Live Local Act was enacted and was revised in 2024. The Act is intended to address the state's growing housing affordability crisis through significant land use, zoning, and tax benefits. 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. In unincorporated Brevard County, the Live Local Act effectively allows for the development of up to 30 dwelling units per acre. The subject property, encompassing 2.47 acres zoned BU-1, allows for development options that include either commercial use with a Floor Area Ratio (FAR) of 1.00 or 74 multi-family units as stipulated by the Live Local Act. There is no difference in development potential under the Live Local Act with the approval of this rezoning request.
North of the subject property is 7.07-acre parcel that is comprised of four parcels under one tax account number with a mixed zoning of AU (approx. 5.5 acres) and BU-2 (approx. 1.5 acres), that is being utilized as a nursery. The AU portion of the property has a FLU of RES-1 and NC, while the BU-2 portion has a FLU of CC; South of the subject property is an office building on a 1.46-acre parcel with a BU-1 zoning classification and a CC FLU; East of the subject property is Glory of God Anglican Church on a 5.82-acre parcel with an IN(L) zoning classification, and a RES-1 FLU; and West of the subject property, located across US Hwy 1, is Cardinal Terrace, a platted single-family neighborhood. Developed with twenty (20) mobile homes in a TR-1 zoning classification and a CC FLU.
The Board may wish to consider whether the proposed zoning request is consistent and compatible with the surrounding area.
The Board of County Commissioners will consider the request on Thursday, May 01, 2025. Beginning at 5:00 p.m. The meeting will be held at the Brevard Cunty Government Center, 2725 Judge Fran Jamieson Way, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None