Subject:
Title
Alexis Raul and Rosemary Estevez DeJesus request a zoning classification change from BU-1 with a BDP to BU-1 with removal of a BDP. (25Z00003) (Tax Account 2004581) (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 change of zoning classification from BU-1 (General Retail Commercial) with a BDP to BU-1 (General Retail Commercial) with removal of a BDP.
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from BU-1 (General Retail Commercial) with BDP (Binding Development Plan) to BU-1 on 1.18 acres (i.e. removal of the BDP). The applicant wants to have all BU-1 uses available.
On July 30, 2007, the subject property received approval for a rezoning along with a Small-Scale Comprehensive Plan Amendment (SSCPA). The zoning classification changed from RU-2-10 to BU-1 with a BDP to limit the uses to only the BU-1 use of grocery store with no sales of hard liquor and all BU-1-A uses. The FLU changed from NC to CC under SSCPA 07S.9. Both actions were approved under Resolution Z-11358.
On May 9, 2008, a change of occupancy was submitted changing the use from restaurant, bar, nightclub to a convenience store, and was approved on September 17, 2008, via a Certificate of Occupancy. On July 18, 2008, a minor site plan (08AD-00602) was submitted for review to add additional parking spaces due to the change of occupancy and was approved August 4, 2008.
On February 10, 2023, the applicant request for a zoning verification letter (23Z00012) was completed, thereby notifying the applicant of the subject property’s zoning and a copy of the BDP.
The current BDP on the property limited the use of a grocery store (as allowed by Section 62-1482, Brevard County Code of Ordinances) and all uses allowed in BU-1-A zoning, provided there are no sales of hard liquor, pornographic materials or items associated with the taking of illegal drugs. Additionally, prior to Certificate of Occupancy for a commercial use, the Developer/Owner was to a wooden six (6) foot fence on the East and South property lines and repair the culvert located south of the subject property abutting US Highway 1.
Over the last nine (9) years there have been several code enforcement complaints on the property related to the use and other issues. The most recent code enforcement complaint (24CE-01406) related to unpermitted uses within the BU-1 zoning classification and other related ordinances, including, but not limited to, multiple auto sales businesses and a tire shop. Those uses also violated the recorded BDP on the subject property. The Code Enforcement Special Magistrate issued a Findings of Fact, Conclusions of Law and Order & Lien for Costs finding violations on April 17, 2025. The violation was complied on August 22, 2025, and fines and costs have since been paid.
The applicant is on notice that any change of occupancy may require a minor site plan. Additionally, per Section 62-3203(10), site plans within BU-1, BU-2, or industrial zoning classifications shall construct a minimum of a six-foot high masonry or solid wall, including, but not limited to, concrete block walls, pre-cast (solid) walls, or foam core/steel support with stucco finish, when the subject property abuts a residential zoning classification. The subject property abuts a residential zoning classification to the east and south.
The subject property is within the septic moratorium area. Any development to expand the current building or add additional buildings could potentially require the expansion or replacement of the existing septic system. Any changes in the current septic system could be affected by this moratorium. For further information regarding the septic moratorium, the property owner would need to reach out to environmental health, which issues septic permits.
North of the subject property is a 2.25-acre parcel, undeveloped, which has AU zoning classification with NC FLU designation. Both South and East of the subject property is a 6.74-acre parcel, developed with two (2) single-family residences with AU zoning classification and NC and RES 1 FLU designation. West of the subject property is Highway 1, a four-lane divided roadway.
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, December 11, 2025, 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