Subject:
Title
Troy Holdings LLC requests a change of zoning classification from BU-1-A with an existing BDP to BU-2 with removal of existing BDP with a new BDP applied. (25Z00001) (Tax Accounts 2501390 & 2521094) (District 2)
End
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 of zoning classification from BU-1-A (Restricted Neighborhood Retail Commercial) with an existing Binding Development Plan (BDP) to BU-2 (Retail, Warehousing and Wholesale Commercial) and removal of existing BDP with a new BDP applied.
End
Summary Explanation and Background:
The applicant requests a zoning classification change from BU-1-A (Restricted Neighborhood Retail Commercial) to BU-2 (Retail Warehousing and Wholesale Commercial) on the combined site containing 1.86 acres. The request includes the removal of an existing Binding Development Plan (BDP) on the north 0.16 acres and a new BDP applied to the combined 1.86 acres. The rezoning request is to allow an indoor RV and boat storage facility. The subject property is located on S. Courtenay Parkway, a county-maintained roadway. BU-2 would be a new zoning classification along the west side of S. Courtenay Parkway.
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). The suggested BDP would restrict the potential high intensity BU-2 uses to RV and boat storage only. The subject property is in a mixed-use area along N. Courtenay Parkway 250 feet south of Cone Road.
Properties fronting on N. Courtenay Parkway are commercial in use and include development such as gasoline convenience store, retail multi-tenant centers, multi-tenant professional building.
The existing BDP Z-8602 only covers the north 0.16 acres which abuts N. Courtenay Pkwy. and stipulates: That the Developer, having been granted BU-1-A Classification for Restricted Neighborhood Retail Commercial, will not construct or permit the construction of a convenience market on the property and will not undertake or permit gasoline sales accessory to a convenience store or otherwise and will not undertake or permit the sale of alcoholic beverages from the property.
The new BDP proposes to limit allowable BU-2 uses exclusively to RV and boat storage while permitting all other uses allowed under the BU-1 zoning classification. This restriction aims to reduce the intensity of use within the BU-2 zoning classification if granted.
Additionally, the BDP proposes a vegetative buffer to the single-family subdivision abutting the parcel along the south property line. The developer/owner will be required to meet Landscape Buffers per Section 62-4342 which states when using a vegetative buffer in lieu of the required fence or wall, a minimum 20-foot vegetated area shall also be provided.
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 1.86 acres zoned BU-1-A, allows for development options that include either commercial use with a Floor Area Ratio (FAR) of 1.00 or 55 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.
The subject property is located within the Merritt Island Redevelopment Area. Contractor's offices, plants and storage yards shall not be located on any parcel with frontage on State Road 520. Within the remainder of the Merritt Island Redevelopment Area, there shall be no visible outside storage. Storage yards must be enclosed with a six-foot opaque wall or fence.
North is a convenience store with gas pumps with BU-1 zoning; South is a single-family residence zoned RU-1-9; East is a retail store with BU-1 zoning; and West is a single-family residence with AU zoning.
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