Legislation Details

File #: 9069   
Type: Public Hearing Status: Agenda Ready
File created: 8/7/2026 In control: Planning and Zoning Board / Local Planning Agency
On agenda: 10/12/2026 Final action:
Title: David S. Minnick and Norman D. White request a zoning classification change from RU-1-13 to AU with a BDP (26Z00035) (Tax Account 2103946) (District 1)
Attachments: 1. Administrative Policies of the Future Land Use Element.pdf, 2. Staff Comments, 3. Draft BDP, 4. GIS Maps
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Subject:

Title

David S. Minnick and Norman D. White request a zoning classification change from RU-1-13 to AU with a BDP (26Z00035) (Tax Account 2103946) (District 1)

End

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 zoning classification change from RU-1-13 (Single-Family Residential) to AU (Agricultural Residential) with a BDP (Binding Development Plan).

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Summary Explanation and Background:

The applicant is seeking a change of zoning classification from RU-1-13 (Single-Family Residential) to AU (Agricultural Residential) on 12.03 acres with a Binding Development Plan (BDP) stating development would be limited to subdividing the parcel into two Flag Lots to build two single-family homes.  The parcel has the potential for three (3) parcels with AU zoning. 

 

The preliminary concurrency analysis identifies State Road 46 between I-95 and U.S. Highway 1 as the applicable concurrency management segment. The roadway is currently operating at 123.08% of its Maximum Acceptable Volume (MAV). The maximum development potential under the proposed AU zoning would increase utilization by approximately 0.18%, resulting in the roadway operating at approximately 123.26% of capacity. Approval of the rezoning does not constitute concurrency approval for subsequent development permits. The proposed lots will be subject to the applicable concurrency requirements of Article IV prior to development.  The applicant is on notice that future building permit issuance may be hindered given this condition.

 

The parcel was subdivided into this size configuration between August 1983 and October 1987, when the abutting parcels to the west of the subject parcel along Pine Avenue were split off.

 

The parcel appears to have been subdivided in the configuration for a proposed future subdivision with a proposed entrance road to Pine Avenue.  There is a waiver (08WV-00024) approved by the Board of County Commission on February 05, 2008, of the 15-foot buffer tract requirement at the entrance for a subdivision.

 

As the parcel does not meet the minimum lot width required for AU zoning, the applicants have proposed to split of the parcel into two flag lot parcels, with a Binding Development Plan.  The applicants have not included a survey of the proposed flag lot configuration.

 

Abutting the subject parcel to the north are eight parcels ranging in size from 1-1.06 acres developed with single-family residences with RR-1 zoning classification and RES 2 Future Land Use (FLU) designation. Abutting the subject property to the south is a 2.23-acre vacant parcel and six 0.38-acre parcels developed with single-family residences, with RU-1-13 zoning classification and RES 2 FLU designation. Abutting the subject property to the east are two 4.78-acre vacant parcels with AU zoning classification and RES 1 FLU designation. Abutting the subject property to the West along Pine Avenue are five parcels ranging in size from 0.28-0.35 acres, developed with single-family residences with RU-1-13 zoning classification and RES 2 FLU designation.

 

The Board may consider whether the request is consistent and compatible with the surrounding area.

 

The Board of County Commissioners will consider the request on Thursday, November 5, 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