Subject:
Title
ABRS LLC (Landon Scheer) requests a zoning classification change from BU-1 to BU-2. (26Z00024) (Tax Account 3033535) (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the North Merritt Island Dependent Special District Board conduct a public hearing to consider a request for change of zoning classification from BU-1 (General Retail Commercial) to BU-2 (Retail, Warehousing, and Wholesale Commercial).
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from BU-1 to BU-2 on a 2.43-acre property to utilize a metal building for development of a self-storage mini-warehouse facility.
Self-storage mini-warehouses are permitted with conditions under the BU-1 zoning classification. However, the conditions listed in Section 62-1837.5 of the Brevard County Code prohibit construction of metal buildings for this use within BU-1 zoning. This prohibition does not apply within the BU-2 zoning classification, and therefore, the applicant is requesting a rezoning.
The request is associated with Site Plan number 26SP00014. On March 4, 2026, staff issued an LDD-99 determination indicating the project is subject to Section 62-1837.5, which includes the metal building prohibition. April 2, 2026, site plans comments also note Section 1837.5 requirements. During the April 9, 2026, Development Review Meeting (DRM), the applicant's engineer stated he would notify the owner. The site plan depicts a 10,000-square-foot building on the 2.43-acre site, with 1.38 acres remaining pervious. The proposed development is projected to add 18 average weekday trips to this segment of North Courtenay Parkway. The planned building area requires five parking spaces plus one ADA-accessible space. The site plan also shows interior-facing bay doors, a 25-foot front setback, and a 15-foot landscape buffer.
The subject property is currently undeveloped and located on the west side of North Courtenay Parkway, a state-maintained road, approximately 488 feet south of North Tropical Trail. The property is recorded as being split out to the current configuration on October 2, 2023, as recorded in ORB 9899, PG 1126.
On May 22, 1958, the Brevard County Zoning Code was established with the subject property having the AU (Agricultural Residential) classification.
As the subject property exists today, two zoning actions resulted in the BU-1 zoning.
• In 1966, the southern portion of the property was part of a request to rezone a larger parcel from AU to IU (Institutional Use) under Z-2015. On November 10, 1966, the rezoning was denied as requested and approved for BU-1, subject to limited egress and setbacks as noted per plan agreement. The referenced plan agreement has not been located, but a note related to a 50’ setback was included on the mylar map.
• On July 6, 1978, a rezoning from AU to BU-1 was approved under Z-4561 for the northern portion of the property. At the time, the subject property was part of a larger parcel.
The subject property was within the boundary of the North Courtenay Parkway Corridor Study which was approved by the Board of County Commissioners on November 1, 2005. Any development of this site will need to comply with Section 62-3316(h)(4). - On-premises signs. The BU-1 general retail commercial zoning classification encompasses land devoted to general retail shopping, offices and personal services to serve the needs of the community. BU-1 requires a minimum 7,500 square foot lot. The BU-1 classification does not permit warehousing or wholesaling.
CC (Community Commercial) is the original FLU designation established by the 1988 Brevard County Comprehensive Plan.
As the subject property already has commercial zoning, approval of the rezoning request from BU-1 to BU-2 does not change the applicant’s or their successor’s ability to develop affordable housing residential units, up to 30 units per acre, under BCC Policy-100 (Live Local Act).
The Live Local Act was enacted in 2023 and revised in 2024. The act is intended to address the state's growing housing affordability crisis through significant land use, zoning, and tax benefits. Pursuant to Florida Statute 125.01055, a county must authorize multifamily and mixed-use as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are designated as affordable under the State of Florida affordability guidelines. In unincorporated Brevard County, the Live Local Act effectively allows for the development of up to 30 dwelling units per acre. The subject property, encompassing 2.43 acres zoned BU-1, allows for development options that include either commercial use with a Floor Area Ratio (FAR) of 1.00, or 72 multi-family units as stipulated by the Live Local Act.
North of the subject property is a 0.8-acre parcel developed as Merritt Island Volunteer Fire Department with GML(I) zoning and Public Facilities (PUB) FLU designation. Also, to the north there is a vacant, 2.05-acre parcel with BU-1 zoning and CC FLU. In 2024, a site plan for a Dollar General was approved for this site, and construction began. However, the subsequent building permits have expired. South of the subject property is a 0.85-acre parcel developed with a convenience store and gas station with BU-1 zoning classification and a CC FLU designation. East of the subject property, across the North Courtenay Parkway right-of-way is a 1.15-acre property developed with a church in IN(L) zoning and Neighborhood Commercial (NC) FLU. Also, to the east there is a vacant 1.19-acre property with BU-1 zoning and CC FLU designation. West of the subject property are two single-family residences on 1.53-acre and 1.43-acre properties, zoned RR-1 (Rural Residential) with Residential 1 unit per acre (RES 1) FLU.
The board may wish to consider if the request is consistent and compatible with the surrounding area.
The Planning and Zoning Board will consider the request on Monday July 13, 2026, beginning at 3:00 p.m. and the Board of County Commissioners on Thursday August 06, 2026, beginning at 5:00 p.m. The meetings 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