Skip to main content
Brevard County Logo
File #: 3149   
Type: Public Hearing Status: Agenda Ready
File created: 7/13/2021 In control: Planning and Zoning Board / Local Planning Agency
On agenda: 7/26/2021 Final action: 7/26/2021
Title: CBH Properties Melbourne, LLC (Bruce Moia) requests a change of zoning classification from BU-1, with an existing BDP, to BU-2 and an amendment to the existing BDP. (21Z00012) (Tax Account 3022324) (District 4)
Attachments: 1. Administrative Policies of the Future Land Use Element.pdf, 2. Staff Comments, 3. GIS Maps, 4. Application Pages, 5. Surveys, 6. Existing BDP, 7. Draft BDP 03-26-21

Subject:

Title

CBH Properties Melbourne, LLC (Bruce Moia) requests a change of zoning classification from BU-1, with an existing BDP, to BU-2 and an amendment to the existing BDP. (21Z00012) (Tax Account 3022324) (District 4)

End

Fiscal Impact:

None

Dept/Office:

Planning & Development

Requested Action:

Recommendation

It is requested that the Planning & Zoning Board conduct a public hearing to consider a change of zoning classification from BU-1 (General Retail Commercial), with an existing BDP (Binding Development Plan), to BU-2 (Retail, Warehousing, and Wholesale Commercial) and an amendment to the existing BDP.

End

Summary Explanation and Background:

 

The applicant is requesting a change of zoning classification from BU-1 with a BDP to BU-2 with an amended BDP for the purpose of expanding the use of minor automotive repairs to include major automotive repairs.

 

The existing BDP includes the following stipulations:

                     A cross-access easement and construct a driveway to connect to the existing cross-access easement to the north in the event that the property be subdivided in the future. The cross-access easement and driveway shall connect to all of the created development lots within the boundaries of the parent tract (Original area has been divided into 3-lots); 

                     Limits uses to no gas stations and/or convenience stores; fast food restaurants shall be limited to no more than 10,000 square feet of total cumulative floor area over the entire original area; the overall Floor Area Ratio shall be limited to 0.3;

                     Traffic access improvements shall be provided relative to the existing median openings in Wickham Road that is within the property frontage to a directional median opening, other median modification improvements, and/or driveway limitations per acceptable engineering access standards, as approved by county staff, as warranted, based upon current and projected traffic patterns;

                     A pedestrian easement and connection to the remaining multi-family residential parent property shall be provided.

 

The proposed BDP includes the following stipulations:

                     The property shall remain in conformance with the terms and provisions of the approved BDP, as recorded in ORB 8345, Page 662.

                     The approved uses shall be limited to those permitted uses in BU-1 and major automotive repairs only.

                     Parts and materials shall be stored in the rear of the shop, out of view from Wickham Road.

 

The applicant has not provided staff with a concept plan or a BDP with provisions that could mitigate any potential off-site impacts to the adjacent residential property to the south.

 

The subject property is currently designated as CC (Community Commercial). Both the BU-1 and BU-2 zoning classifications are consistent with the CC Future Land Use designation.

 

The abutting parcels to the north, and west are zoned BU-1. The properties to the North are being developed as retail and restaurant. The property lying West of Wickham Road is the long-standing commercial center identified as Suntree’s Healthplex Center. Property to the east and south is zoned RU-2-15 and is being developed as an apartment complex.

 

The parcel is provided public water by Cocoa Utilities. A sewer connection can be provided by Brevard County.

 

The Board may wish to consider whether the request is consistent and compatible with the surrounding area, and whether the proposed BDP limitations mitigate the potential impacts of the requested BU-2 zoning classifiaction.

 

On Monday, July 12, 2021, the Planning and Zoning Board tabled the request to the July 26th LPA meeting due to lack of quorum.

 

The Board of County Commissioners will consider the request on Thursday, August 5, 2021, at 5:00 p.m. at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, 1st Floor, Viera, Florida.

Clerk to the Board Instructions:

None