Subject:
Title
Jerome C & Cheryl Cicoli are requesting a zoning classification change from BU-1 to SR. (26Z00042) (Tax Account 3008103) (District 3)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Planning and Zoning Board conduct a public hearing to consider a change of zoning classification from BU-1 (General Retail Commercial) to SR (Suburban Residential).
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Summary Explanation and Background:
The applicants are requesting a zoning change from BU-1 (General Retail Commercial) to SR (Suburban Residential) on a 1.27-acre parcel. The subject property, 4045 Chamberlan Terrace, consists of 1.27-acres on the south side of Chamberlan Terrace, approximately 228.3 feet west of Tucker Street. The property was conveyed by warranty deed and recorded in Official Records Book 4790, Page 1472, on January 6, 2003. According to the Property Appraiser’s website, the existing single-family home was built in 2005. The applicants are requesting to rezone the property to Suburban Residential (SR) so the property can be split into two residential lots. The proposed rezoning will bring the property into compliance with the current RES 2 FLU designation (the current zoning and land use combination are not consistent with each other pursuant to Section 62-1255, Brevard County Code).
The subject property was originally zoned General Retail Commercial (BU-1) as established by the adoption of the Brevard County Zoning Code on May 22, 1958. Residential 2 (RES 2) was the original FLU designation for the subject property as established with the adoption of the Comprehensive Plan on September 8, 1988.
The BU-1 zoning classification allows retail commercial land uses on minimum 7,500 square foot lots. The BU-1 classification does not permit warehousing or wholesaling.
The SR zoning classification encompasses lands devoted to single-family residential development of relatively spacious character, together with such accessory uses as may be necessary or are normally compatible with residential surroundings on minimum half-acre lots. The minimum house size in SR is 1,300 square feet and the nearest property with the SR zoning designation is located approximately 365 feet north of the subject property on the west side of Tucker Street.
The Live Local Act was enacted in 2023 and revised in 2024, with the intent 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 rental units that, for a period of at least 30 years, are affordable as defined in F.S. 420.0004. In unincorporated Brevard County, the Live Local Act effectively allows for development of up to 30 dwelling units per acre. This proposed rezoning would remove the possibility of a Live Local Act development on the subject property.
North of the subject property is the Chamberlan Terrace right-of-way, and single-family residences on 0.33-acre and 0.39-acre parcels zoned RU-1-7 with RES 2 FLU. South of the subject property is Cherry Street right-of-way, and single-family residences on 0.31-acre and 0.4-acre parcels zoned RU-1-7 with RES 2 FLU. East of the subject property is an undeveloped 1.52-acre property zoned BU-1 with Community Commercial (CC) FLU. West of the subject property are single-family residences on 0.43-acre and 0.59-acre parcels zoned RU-1-7 with RES 2 FLU.
The Board may with 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 10, 2026, 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