Subject:
Title
Clinton Smith and Kimberly Smith request a zoning classification change from RU-1-7 to SR. (25Z00048) (Tax Account 3010597) (District 3)
End
Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Planning and Zoning Board conduct a public hearing to consider a change of zoning from RU-1-7 (Single-Family Residential) to SR (Suburban Residential).
End
Summary Explanation and Background:
The applicant is requesting to rezone the subject property from RU-1-7 (Single-Family Residential) to SR (Suburban Residential). The purpose of the rezoning is to establish zoning that is consistent with the property’s existing RES-2 Future Land Use designation and to allow the construction of a single-family residence on approximately 2.26 acres. A boundary survey dated July 29, 2025, depicting the proposed single-family dwelling, has been submitted in support of the request.
The applicant was notified of the inconsistency during a building permit review for an addition to the primary structure under Permit 25BC11647.
On December 3, 2004, the subject property received a flag lot approval under AA 2050, giving the subject property a flag stem for direct access to Central Avenue, a county-maintained roadway.
This property contains aquifer recharge soils. Additionally, the mapped topographic elevations show that the property falls within a Type 3 Aquifer Recharge area, which is subject to impervious area restrictions. The applicant is hereby notified of the development and impervious restrictions within Conservation Element Policy 10.2 and the Aquifer Protection Ordinance. Gopher Tortoises can be found in areas of aquifer recharge soils.
There is an active Code Enforcement case (25CE-01134) for unpermitted land clearing and land alteration activities on the property, under the jurisdiction of Brevard County Natural Resources Department. The case is pending.
North of the subject property are two (2) parcels: The first parcel is 0.71 acres, developed with a single-family residence. The second parcel is 1.35 acres of vacant land. East of the subject property is a 0.9-acre vacant parcel. West of the subject property is a 3.05-acre parcel, developed with two (2) single-family units not attached. South of the subject property is a 2.81-acre parcel, developed with two (2) single-family units, not attached All of the noted properties are zoned with RU-1-7 classification and 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 Thursday, 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