Legislation Details

File #: 8762   
Type: Public Hearing Status: Agenda Ready
File created: 3/24/2026 In control: Planning and Zoning Board / Local Planning Agency
On agenda: 6/15/2026 Final action:
Title: Sunshine State Wildlife Conservation LLC, and Bernard Egan & Company (Ralph Brown) request a CUP for land alteration in AU and GU. (25Z00061) (Tax Accounts 3001213, 3001181, 3020488, 3020489, and part of 3001207, 3030338, and 3030339) (District 5)
Attachments: 1. Administrative Policies of the Future Land Use Element, 2. Staff Comments, 3. Sunshine State Wildlfe Conversation LAP Site Plan, 4. Environmental Report, 5. Floodplain Report, 6. GIS Maps
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Subject:

Title

Sunshine State Wildlife Conservation LLC, and Bernard Egan & Company (Ralph Brown) request a CUP for land alteration in AU and GU. (25Z00061) (Tax Accounts 3001213, 3001181, 3020488, 3020489, and part of 3001207, 3030338, and 3030339) (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 CUP (Conditional Use Permit) for land alteration in AU (Agricultural Residential) and GU (General Use).

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Summary Explanation and Background:

The applicant is requesting a 78.17-acre expansion, identified as Phase 3, to an existing Conditional Use Permit (CUP) for land alteration activities. The proposed expansion consists of three excavation cells with a maximum depth of 40 feet: Cell 1 (19.11 acres), Cell 2 (19.60 acres), and Cell 3 (39.46 acres). The operation is proposed for the extraction and sale of general fill and road base materials. Approval of this request would consolidate Phases 1 through 3 into a single unified land alteration CUP.

 

Phase 1 was approved under zoning action 19PZ00061 for a 216.89-acre alteration/pit. Phase 2 expansion was approved under zoning action 22Z00040 and added 177.5 acres of additional alteration/pit area. The site area under review totals 723.09 acres. Combination of all three phases addresses the conditions of Section 62-1936 for access, material stockpiles, and buffers using all property concurrently.

 

Section 62-4391 defines “land alteration” as the process of excavating, filling and reclaiming lands. Section 62-1936 allows an application for a CUP for Land Alteration with a minimum size for land alteration at five acres. The applicant included engineered sketch plans in their CUP application showing the proposed overall site and the offsite haul route. The sketch plan shall be binding on the use of the property if the conditional use is approved.

 

The subject property has direct frontage on Babcock Street and extends from the south side of Centerline Road SE to the C-54 canal and TM Goodwin Road. The site will be open for business from 6:30 am to 5:00 pm. Trucking and hauling for this phase is proposed to generate between 260-400 truck trips per day. The truck removal route is identified as 75% to the north and extends for approximately six (6) miles and exits onto the Saint John’s Heritage Parkway Interchange # 166 and an approximate 25% of the truck traffic is routed southbound on Babcock. The sketch plans have not been reviewed for compliance with other County departments, except for Brevard County Natural Resources Management Department. Approval of this application does not vest the applicant from compliance with all applicable regulations.

 

The abutting parcels located to the north are within the city limits of Palm Bay. To the east of Babcock Street is a preserved/conservation area owned by St. Johns Water Management District. To the west there are additional lands owned by the applicant. The parcel to the south is C-54 canal and T.M. Goodwin Road.

 

The Board should consider whether the proposed CUP’s large-scale land alteration activities are compatible with surrounding vacant lands with GU zoning and the adjacent Saint Sebastian River Preserve State Park GML(P) zoning classifications.

 

The Board may also wish to consider additional conditions beyond those cited in Sections 62-1901 and 62-1936 in order to mitigate potential offsite impacts including, but not limited to, limiting activities to a time specific duration.

 

The Board of County Commissioners will consider the request on Thursday, July 09, 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