Subject:
Title
Underwood’s Equipment Repair, LLC (Kim Rezanka) requests a zoning classification change from BU-2 with a BDP to BU-2 with removal of the BDP. (26Z00006) (Tax Account 2316318) (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 change of zoning classification from BU-2 (Retail, Warehousing, and Wholesale Commercial) with a BDP to BU-2 (Retail, Warehousing, and Wholesale Commercial) with removal of the BDP.
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Summary Explanation and Background:
The applicant is requesting to remove the existing Binding Development Plan (BDP) associated with zoning action 14PZ00118 (see the full list of conditions in the zoning history section below) on the 1.71-acre subject property, which is currently zoned BU-2 (Retail, Warehousing and Wholesale Commercial),effectively rezoning the subject property from BU-2 with a BDP to BU-2. Removal of the BDP would eliminate the existing restriction limiting the property to BU-1 permitted uses and would allow all uses permitted within the BU-2 zoning classification, including (but not limited to) the proposed outdoor boat and RV storage use depicted in site plan application 25SP00048.
While there are other BU-2 zoned properties in the vicinity, the surrounding BU-2 properties are similarly constrained by BDPs that limit or prohibit more intensive commercial uses. As such, the prevailing development pattern in the area functions more consistently with lower-intensity BU-1 commercial zoning rather than unrestricted BU-2 zoning. The nearest property with unrestricted BU-2 zoning is located approximately 0.25 miles from the subject property. Accordingly, approval of the request would introduce the potential for a broader range of more intensive BU-2 uses into an area that has historically developed with use limitations intended to maintain compatibility with adjacent residential and lower-intensity commercial properties.
The parcel abutting the subject property is also associated with the same BDP that the applicant is seeking to remove from the subject parcel, under 14PZ00118, but has different ownership than the subject property. Directly across N. Courtenay Parkway to the west is another BU-2 zoning classification, which includes a BDP under 16PZ00082 and encompasses a total of three (3) parcels. This BDP excludes the use of cemeteries, mausoleums, crematoriums, railroad motor trucks, water freight, passenger stations, testing laboratories, recovered materials processing facilities, seafood processing plants, substations and transmission facilities, dry cleaning plants, and fertilizer storage and sales. The property is required to comply with the October 2005 North Courtenay Parkway Corridor Study draft, provided, however, that the LU-3 (Land Use Recommendation No. 3) dealing with visibility of sheet metal buildings from North Courtenay Parkway shall not apply to the existing sheet metal building on the property. The property shall also include a 6 ft. high opaque fence 25 ft. of the right-of-way line, and there shall be no storage of boats or trailers on the 20 ft. immediately west of the opaque fence. Furthermore, stacking boats and trailers over one another so that they may be visible from N. Courtenay Parkway is prohibited.
The closest BU-2 zoning classification which does not include a BDP restricting uses is located approximately 0.2 miles north of the subject property on the west side of N. Courtenay Parkway and approximately 0.2 miles south of N. Tropical Trail and N. Courtenay Parkway intersection.
The subject property is constrained by multiple environmental and floodplain-related regulatory overlays, including FEMA Special Flood Hazard Area (SFHA AE) designation and the Indian River Lagoon Nitrogen Reduction Overlay. The parcel’s location on North Merritt Island, north of Hall Road, subjects the site to additional floodplain performance standards under Section 62-3724(4) of the Brevard County Land Development Code, including compensatory storage requirements and professional engineering certification verifying that the proposed development will not adversely impact surrounding properties through increased flooding conditions.
North of the subject property is one parcel with an area of 1.73 acres, vacant with BU-2 zoning classification with CC FLU. South of the subject property is one parcel, 1.14 acres, developed with an auto service shop which has BU-1 zoning classification with CC FLU. East of the subject property is one parcel, a flag lot on 1.5 acres, developed with a single-family residence with RR-1 zoning classification with CC FLU. West of the subject property is N. Courtenay Pkwy., a four-lane state-maintained roadway.
The BU-2 retail, warehousing and wholesale commercial zoning classification encompasses land devoted to general retail and wholesale business, contracting and heavy repair services and warehousing activities. BU-2 requires a minimum 7,500 square foot lot with a minimum width and depth of 75 feet. 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 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, June 15, 2026, beginning at 3:00 p.m. and the Board of County Commissioners will consider the request on Thursday, July 09, 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, Commissioner Room, Viera, Florida.
Clerk to the Board Instructions:
None