Legislation Details

File #: 8888   
Type: Public Hearing Status: Agenda Ready
File created: 5/11/2026 In control: Planning and Zoning Board / Local Planning Agency
On agenda: 7/13/2026 Final action:
Title: BT Rodes, LLC - Padgett Properties Trust (Kelly Delmonico) request a Small-Scale Comprehensive Plan Amendment (26S.06), to change the Future Land Use designation from RES 6 to CC. (26SS00006) (Tax Accounts 2800696 and 2800697) (District 5)
Attachments: 1. Administrative Policies of the Future Land Use Element, 2. Staff Comments, 3. Environmental Assessment, 4. GIS Maps
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Subject:

Title

 BT Rodes, LLC - Padgett Properties Trust (Kelly Delmonico) request a Small-Scale Comprehensive Plan Amendment (26S.06), to change the Future Land Use designation from RES 6 to CC. (26SS00006) (Tax Accounts 2800696 and 2800697) (District 5)

End

Fiscal Impact:

None

Dept/Office:

Planning and Development

Requested Action:

Recommendation

It is requested that the Local Planning Agency conduct a public hearing to consider a Small-Scale Comprehensive Plan Amendment (26S.06) to change the Future Land Use designation from RES 6 (Residential 6) to CC (Community Commercial).

End

Summary Explanation and Background:

The applicant requests a Small-Scale Comprehensive Plan Amendment (SSCPA) to change the Future Land Use Map (FLUM) from Residential 6 (RES 6) to Community Commercial (CC) on two adjacent parcels totaling 2.91 acres to facilitate a rezoning from BU-1-A (Restricted Neighborhood Retail Commercial), and AU (Agricultural Residential)  to BU-2 (Retail, Warehousing, and Wholesale Commercial) for the future development and expansion of an established general contractor’s office that requires indoor and outdoor storage of construction materials and commercial vehicles.

 

The 0.98-acre north parcel is developed with a contractor’s office and a communication tower and was rezoned from the original zoning designation of AU (Agricultural Residential) as established with the adoption of the Brevard County Zoning Code on May 22, 1958, to BU-1-A with zoning action Z-6447 in August of 1983. The request was for BU-1 zoning, but the Board of County Commissioners further restricted the entitlements by only allowing the zoning change to BU-1-A. The southern 1.98-acre parcel retains the original AU zoning designation and is developed with a single-family residence.

 

The current BU-1-A zoning classification for the parcel to the north does provide for general contractor's administrative offices but prohibits outside storage of materials or products. The current AU zoning on the parcel to the south and a FLUM designation of RES 6 on both properties does not provide for the proposed use of a general contractor’s office that requires indoor and outdoor storage of construction materials and commercial vehicles. The applicant has submitted a companion rezoning application, 26Z00020, requesting a change of zoning from BU-1-A (Restricted Neighborhood Retail Commercial) and AU (Agricultural Residential) to BU-2 (Retail, Warehousing, and Wholesale Commercial). The applicant has indicated a willingness to enter into a Binding Development Plan agreement to limit BU-2 uses and provide required privacy screening for adjacent properties.

 

The property to the north of the subject properties is a 0.98-acre parcel, zoned AU with RES 6 FLU designation, and developed with a single-family residence built in 1965. South of the subject properties is a 0.99-acre parcel, zoned AU with NC FLU designation, and developed with a single-family residence built in 1953. Six residential properties abut the subject properties to the east; all developed with single-family residences. Five of the six properties are zoned RU-1-9, and the northernmost property is zoned RR-1 (Rural Residential). West of the subject properties across the S. John Rodes Blvd. right-of-way are three parcels within Brevard County jurisdiction and one parcel within the jurisdiction of the City of West Melbourne. The northernmost parcel within Brevard County jurisdiction is 6.8 acres, developed with a single-family residence and zoned AU with RES 15 FLU designation. The second parcel is a vacant 2.9-acre lot and zoned AU with NC FLU, and the southern 0.39-acre parcel is zoned RA-2-10 with NC FLU designation and is vacant. The parcel within the City of West Melbourne is developed with a 316-unit multi-family apartment complex with R-3 multi-family zoning and UD-RES FLU (18 units per acre).

 

The northern parcel was put in its current configuration when it was split from the property to the north on February 10, 1983, and recorded in OR Book 2410, Page 2366. The

property received a variance V-1425 on July 18, 1984, to permit a wooden stockade fence in lieu of the required 6-foot solid masonry wall on the north and east property lines in the BU-1-A zoning classification as required in the Brevard County Code applicable at the time. The property to the south, developed with a single-family residence, retains its original configuration as recorded in Deed Book 388, Page 5.

 

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, 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