Subject:
Title
Jeanne A. Benson & Arthur W. Berger Jr. Trust (John Campbell) request a change of zoning classification from AU to BU-2. (26Z00022) (Tax Account 2316445) (District 2)
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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 request for change of zoning classification from AU (Agricultural Residential) to BU-2 (Retail, Warehousing and Wholesale Commercial).
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Summary Explanation and Background:
The applicant is seeking a change of zoning classification from AU (Agricultural Residential) on 2.11 acres to BU-2 (Retail, Warehousing and Wholesale Commercial) for the purposes of having a contractor’s office with outside storage and a Land Surveyor’s Office. The subject parcel has access to N. Courtenay Pkwy., State Road-3, a State-maintained roadway. The subject parcel is currently developed with a 3,144 sq. ft. single-family residence and a 1,054 sq. ft. guest house and is located on the north side of North Courtenay Pkwy., 180 feet east of Pine Island Road.
There is also a Small-Scale Comprehensive Plan Amendment (SSCPA) companion application, 26SS00007 to change the Future Land Use Element from Neighborhood Commercial (NC) to Community Commercial (CC). This request, if approved, would provide consistency with the requested zoning of BU-2.
The subject property retained its original zoning classification of AU when the Brevard County zoning code was adopted on May 22, 1958. The subject property was subdivided into this 2.11-acre configuration on July 1, 1974, per Official Records Book 1461, page 349.
The 1958 zoning code AU zoning required a minimum lot size of one acre with a minimum lot width and depth of 125 feet. On March 6, 1975, the AU zoning classification’s lot size was amended to a minimum of 2.5 acres with a minimum lot width and lot depth of 150 feet. The referenced parcel qualifies as Nonconforming to the current AU zoning 2.5-acre minimum lot size requirement, as the parcel was subdivided on July 1, 1974, before the AU amended date of March 6, 1975.
The proposed BU-2 classification permits retail, wholesale and warehousing commercial land uses on minimum 7,500 square foot lots. BU-2 zoning is the county’s most intense commercial zoning classification due to the intensive nature of commercial activities permitted. Off-site impacts such as noise, light, traffic, and other potential nuisance factors associated with BU-2 activities should be considered. The BU-2 zoning classification allows outside storage of retail items, including, but not limited to, motor vehicles, utility sheds, nursery items such as plants and trees, boats, and mobile homes. The property meets the minimum lot width, depth, and size requirements for the proposed BU-2 zoning.
The closest BU-2 zoned, and CC FLU designation is a 3.1-acres which appears to be used as an outdoor RV storage yard as shown on images from Google Earth dated January 2026, located 25 feet west of the subject parcel on the north side of N. Courtenay Pkwy. There are Industrial zoned parcels located along the north side of N. Courtenay Pkwy., 1,170 feet to the east.
To the north and west of the subject parcel is a vacant 5.17-acre Flag Lot parcel with AU (Agricultural Residential) zoning classification with NC and RES 1 FLU designation. South of the subject property across N. Courtenay Pkwy. is a vacant 34.14-acre parcel with AU (Agricultural Residential) zoning classification and RES 1 FLU designation. East of the subject property is a vacant 5-acre parcel with AU (Agricultural Residential) zoning classification and RES 1 FLU designation.
The board may wish to consider if the request is consistent and compatible with the surrounding area.
The North Merritt Island Dependent Special District Board will consider the request on Thursday, July 09, 2026, beginning at 6:00 p.m.
The Board of County Commissioners will consider the request on Thursday, August 06, 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