Subject:
Title
Frank Mastroianni (Jason Searl) requests a change in zoning classification from BU-1 and RU-2-10(6) to RA-2-6. (24Z00069) (Tax Account 2600118) (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing to consider a change of zoning classification from BU-1 (General Retail Commercial) and RU-2-10(6) (Medium-Density Multi-Family Residential) to RA-2-6 (Single-Family Attached Residential) with removal of cap of six units per acre.
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from BU-1 (General Retail Commercial) on 2.88 acres and RU-2-10(6) (Multiple-Family Residential) with a density cap of six (6) units per acre on the remaining 11.92 acres to all RA-2-6 (Single-Family Attached Residential) with removal of the cap of six (6) units per acre on 14.8 acres. Approval of this request will provide consistent zoning across the entire subject property.
The subject property consists of one (1) parcel located on the east side of Highway 1, approximately 0.4 miles south of Viera Blvd and bounded by Ruby St to the north and Laguna Vista Condos to the south. The site is currently undeveloped. The site has access along a Florida Department of Transportation (FDOT) maintained road highway: Highway 1 (to the west).
In 2023, the Live Local Act was enacted and was 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 Fla. Stat. Sec. 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. In unincorporated Brevard County, the Live Local Act effectively allows for development of up to 30 dwelling units per acre. The subject property, encompassing 2.88 acres zoned BU-1, allows for development options that include either commercial use with a Floor Area Ratio (FAR) of 0.75 or 86 multi-family units as stipulated by the Live Local Act. Additionally, the remaining RU-2-10(6) area has the potential for 71 multi-family dwelling units, with a maximum density of six (6) units per acre. In total, this results in the possibility of 157 multi-family units.
The subject property has been mapped as including 5.72 acres within the CHHA. Chapter XI of the Comprehensive Plan, Policy 1.4(E) restricts the density of that 5.72 acres of the subject property strictly to the RES 15 designation. However, current and proposed density of the subject property is and would be a maximum of six (6) dwelling units per acre within the RES 15 FLU designation.
The proposed RA-2-6 single-family attached residential zoning classifications provide a transition between single-family residential detached zoning classifications and multifamily residential zoning classifications, permitting fee simple ownership of individual attached units constructed in accordance with the Standard Building Code for townhouses. The maximum density of RA-2-6 is six (6) dwelling units per gross acre. As such, approval of the RA-2-6 zoning request will reduce the current development potential of the subject property by 69 dwelling units (as a development pursuant to the Live Local Act).
To the north are seven (7) lots. One vacant parcel, approximately 0.52 acres with split zoning classifications of EU-2 and BU-1-A, CC FLU designation, abuts Highway US 1 to the east. The remaining six (6) lots are developed with single-family homes. With EU-2 zoning and RES 15 FLU designations. To the south is Laguna Vista Condo with 24 residential units on approximately 4.53 acres. The property has BU-1 & RU-2-10 with a density cap of 6 units per acres zoning classifications and CC & RES 15 FLU designations. To the east is the Indian River. West of the subject property: FDOT Highway US 1.
The Board may wish to consider whether the proposed zoning is consistent and compatible with the surrounding area.
On February 17, 2025, the Planning and Zoning Board heard the request and recommended approval. The vote was 8:3.
Clerk to the Board Instructions:
Once resolution is received, please execute and return a copy to Planning and Development.