Subject:
Title
Thankachan and Siji Joseph (Greg Jean-Denis) request a zoning classification change from BU-1 with a BDP to BU-1 and removal of the existing BDP and addition of a new BDP (26Z00030) (Tax Account 2411235) (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 zoning classification change from BU-1 (General Retail Commercial) with a BDP (Binding Development Plan) to BU-1 (General Retail Commercial) and removal of the existing BDP and addition of a new BDP.
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Summary Explanation and Background:
The applicants are requesting a zoning change from BU-1 with a BDP to BU-1 with removal of an existing BDP and replacement with a new BDP on 2.3 acres. The existing BDP to be removed requires a 100-foot vegetated buffer on the east portion of the property, which abuts an existing residential neighborhood. The applicants are proposing a new BDP requiring a 25-foot vegetated buffer and a 6-foot-high steel fence.
The subject property is located on the east side of the roadway at 3570 North Highway 1, approximately 0.1 miles north of Cidco Road. It is Part of South 28 acres of Lot 2, as described in OR Book 2376, Page 2081, of the Brevard County Official Records recorded on July 13, 1982. Originally, the property was part of a larger AU (Agricultural Residential) zoned parcel, which was approximately 4.6 acres. The recent history of the property is as follows:
• July 1, 1982, the property was split in half, creating two lots, described as North 250 feet and South 250 feet.
• July 8, 1982, the property was rezoned to BU-1 with a CUP for outside sales of mobile homes with a 100-foot buffer along the eastern boundary per Binding Site Plan (BSP, also known as a BDP) under zoning action Z-6088. At the time, residential neighbors provided a petition and significant testimony objecting to the rezoning because it did not provide a buffer zone between the long-standing residential areas east of the subject property. The abutting residential neighborhoods, Indian River Estates Unit No. 1 and Unit No. 2, were platted and developed in the 1960’s.
• October 20, 1982, under action V-1236, a variance was granted to permit a 100-foot natural vegetated buffer in lieu of the required 6-foot solid face masonry wall in a BU-1 zoning classification.
• 1983, a retail store built on the south property, which is currently being utilized as a plant nursery.
• June 17, 1985 - The subject property was granted a CUP for a travel trailer for security purposes under action Z-7153.
• 1988, a single-family residence was added to the property.
• October 25, 1993 - A request to remove the BSP and rezone the property to BU-2 (Retail, Warehousing and Wholesale Commercial) was denied under zoning action Z-9215. A conditional use permit to allow a security trailer for one year, with up to four administrative renewals, was approved.
• December 5, 2002 - The removal of the CUP for outside sales of mobile homes was approved under zoning action Z-10756(25).
A Code Enforcement complaint (26CE-00425) was initiated on March 26, 2026, due to the removal of the 100-foot natural vegetated buffer in violation of the BDP. A preliminary review of this active case indicated the buffer was removed between January of 2024 and January of 2025. The removal of the required vegetated buffer also includes the companion complaint of a lighting nuisance, which is a consequence of the removal of the buffer. Per Section 62-255, a variance granted from a specific requirement of this chapter shall be in full force only as long as that specific requirement is in effect. As a result, removal of the 100-foot natural vegetated buffer is also a violation of Section 62-1254, Penalty for unauthorized use of land.
North of the subject property is a mixed-use, commercial property on a 2.3-acre parcel zoned BU-1 with Community Commercial (CC) FLU. South of the subject property is an undeveloped 1.31-acre parcel zoned Restricted Neighborhood Commercial Retail (BU-1-A) with a Neighborhood Commercial (NC) FLU. East of the subject property are three single-family residences within the Indian River Estates subdivision. Two of the properties are 0.36 acres, and the third is 0.31 acres, zoned Single-Family (RU-1-13) with Residential 2 (RES 2) FLU. West of the subject property, across Highway 1, is a self-storage facility on 3.8 acres with BU-2 zoning and CC FLU, and an undeveloped, 1.73 parcel with BU-1 zoning and CC FLU.
The Board may wish to consider if the request is consistent and compatible with the surrounding area.
The Board of County Commissioners will consider the request on Thursday, October 01, 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, Viera, Florida.
Clerk to the Board Instructions:
None