Subject:
Title
Jacob Foune requests a Small-Scale Comprehensive Plan Amendment (25S.14) to change the Future Land Use designation from RES-1 to RES-2. (25SS00008) (Tax Account 2000804) (District 1)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Local Planning Agency conduct a public hearing to consider a Small-Scale Comprehensive Plan Amendment (25S.14), to change the Future Land Use designation from RES-1 (Residential 1) to RES-2 (Residential 2).
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Summary Explanation and Background:
The applicant is requesting to amend the Future Land Use Map (FLUM) designation from Residential 1 (RES 1) to Residential 2 (RES 2) on 0.54 acres to build a single-family home and provide consistency with the proposed rezoning request from SR with a BDP to SR with removal of a BDP and additional of a new BDP (companion application 25Z00037). The subject parcel has a single-family residence under construction (24BC21408), which currently has a stop work order pending application approval(s). The proposed FLU designation can be considered an intensification of density and an introduction of a FLU designation to the area. The subject property retains the original FLU designation established in 1988 by the Brevard County Comprehensive Plan.
Given the unique circumstances of this application, it is staff’s position that approval of this small-scale comprehensive plan amendment shall not be interpreted or construed as establishing a precedent for future land use amendments, zoning actions, or development approvals. Each application is reviewed on its own merits, based on the specific facts, circumstances, and applicable policies and regulations in effect at the time of review. Nothing in this action shall be deemed to create vested rights or to obligate the County to approve any future requests of a similar nature. In this particular case, the applicant is subject to Code Enforcement due to the actions of a predecessor in interest who improperly split the property into a substandard lot violating Section 62-2102, Brevard County Code.
The existing BDP was approved under zoning action 19PZ00098 and recorded in ORB 8662, Page 2523. Specifically, this action approved a rezoning from GU (General Use) to the SR classification on 1.34 acres. At the time, the subject property complied with the RES 1 FLU designation. However, RES 1 was, and is not, consistent with the SR zoning classification. The original BDP stipulated the developer/owner shall limit development to one single-family residence and may be further restricted by any changes to the Comprehensive Plan or Land Development Regulations. The original BDP further stipulated that the developer/owner shall limit density to one unit per acre and may be further restricted by any changes to the Comprehensive Plan or Land Development Regulations.
One (1) single-family residence (SFR) permit, 20BC20801, was issued for construction by Scott Minnick Construction Inc. on the 1.34 acres owned by Thomas & Barbara Tofte, on January 6, 2021. Subsequently, the property was sold to Joseph & Chelsea Minnick and split into two (2) lots of 0.54 acres and 0.89 acres on April 27, 2020, as recorded in ORB 8729, PG 2604 - 2605.
During staff review of the SFR permit, 20BC20801, on October 15, 2020, it was noted by Zoning staff that the documents submitted did not appear to match the approved lot configuration of 19PZ00098. After the submittal of the warranty deed and revised plot plan, Zoning staff was able to review and approve the permit on November 9, 2020.
The 0.89-acre property was sold on October 22, 2021, by Joseph & Chealsea Minnick as recorded in ORB 9302, PG 346 - 347. The 0.54-acre subject property was sold to the applicant, Jacob Foune, by Joseph & Chelsea Minnick on June 4, 2024, as recorded in ORB 10079, PG 2366 - 2367.
These actions violated the conditions of the BDP and Section 62-2102, Brevard County Code of Ordinances, “Alteration of lot,” which states that “no person shall sever any lot in such a manner that a violation of any of the provisions of this chapter would be created on any new or altered lot, including their uses or structures.”
Subsequent to this unlawful split, a permit for a single-family resident was issued in error (24BC21408). This permit should not have been issued because the lot is a substandard lot as a result of that split. Upon discovering the error, a Stop Work Order was issued by the Brevard County Building Official.
North of the subject property is a 1.07-acre parcel zoned RR-1 with a RES1 FLU designation. It has been improved with a single-family residence. South of the subject property, across Golden Shores Blvd., is a 1.43-acre parcel zoned RRMH-1 with a RES1 FLU designation. It has been improved with a single-family mobile home. East of the subject property is a 0.89-acre parcel zoned SR with a BDP with a RES1 FLU designation. It has been improved with a single-family residence. West of the subject property is a 1.72-acre parcel zoned RR-1 with a RES1 FLU designation. It has been improved with a single-family residence.
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