Legislation Details

File #: 9097   
Type: Public Hearing Status: Agenda Ready
File created: 8/18/2026 In control: Planning and Development
On agenda: 9/10/2026 Final action:
Title: Space Coast Discovery, Inc. requests a change of zoning classification from AU to IN(L). (26Z00028) (Tax Account 2828576) (District 3)
Attachments: 1. Administrative Policies of the Future Land Use Element, 2. Staff Comments, 3. Survey, 4. GIS Maps, 5. 8-17-26 P&Z-LPA Minutes, 6. BCC-50, 7. Request to Waive Rezoning Fees
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Subject:

Title

Space Coast Discovery, Inc. requests a change of zoning classification from AU to IN(L). (26Z00028) (Tax Account 2828576) (District 3)

End

Fiscal Impact:

$1174, should fee waiver be granted

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 AU (Agricultural Residential) to IN(L) (Low Intensity Institutional).  Pursuant to BCC-50, it is further requested that the Board consider waiving fees related to this request, as Space Coast Discovery, Inc. is a 501(c)(3) not-for-profit organization serving community interests.

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Summary Explanation and Background:

The applicant is requesting a rezoning from AU (Agricultural Residential) to IN(L) (Low Intensity Institutional) on a 4.47-acre parcel for the future development of a school facility. The parcel is currently zoned AU and developed with a structure originally permitted as a single-family residence and has a Future Land Use designation RES 4 (Residential, 4 units per acre) as described in the Future Land Use Element of the Brevard County Comprehensive Plan.

 

The applicant also owns the property immediately north of the subject property, which was developed as the Space Coast Discovery School in 2008. The applicant proposes to expand the school's campus onto the subject property, utilizing the existing structure and horse run for therapeutic and educational activities serving students with special needs, including potential partnerships with organizations such as 4-H to provide equine-assisted programming.

 

The owners learned of the need to reclassify the subject property after they were notified by the Florida Department of Education, who found during a review process the property needed to be rezoned to an institutional zoning designation. The applicants have already converted the present structure on the property for use as a school facility and received a Certificate of Occupancy on August 4, 2025.  The building permit for the renovation work on the structure listed the uses as residential; as such, a zoning review was not included as part of the permit approval process.

 

Policy 2.14 of the FLU Element permits low intensity institutional uses in all Residential Land Use Designations when the property has access to a local street or higher, has pedestrian access, and the building scale and design is compatible with the surrounding area. The subject property is located on Dairy Road, a minor urban arterial roadway, and there are existing sidewalks adjacent to the property in the Dairy Road right-of-way. The proposed use is an extension of the educational use to the north of the subject property, and institutional uses exist approximately 350 feet to the south.

 

There are two properties to the north of the subject property. The west property is a 1.92-acre parcel zoned AU with RES 4 FLU designation and developed with a single-family residence. The east 2.5-acre property is within the jurisdiction of the City of Melbourne with C-1 (Neighborhood Commercial) zoning and a Mixed-Use FLU designation and is developed with Space Coast Discovery pre-school. South of the subject property is a 4.38-acre parcel within the jurisdiction of the City of Melbourne with C-1 zoning and a General Commercial FLU designation and is developed with retail commercial uses. Properties east of the subject property across the Dairy Road right-of-way are within City of Melbourne jurisdiction. Those properties have PUD (Planned Unit Development) zoning with a FLU of Medium Density Residential and range in size between 0.14 and 0.16 acres. West of the subject property are four parcels between 0.34-0.35 acres in size in the Elcon Estates residential subdivision, all developed with a single-family dwelling and zoned EU-2 (Estate Use) with RES 4 FLU designation.

 

Board Policy BCC-50 authorizes the Board to waive fees for development applications to “lessen the fiscal impact to a philanthropic or charitable organization.  Space Coast Discovery, Inc. is a 501(c)(3) not-for-profit organization.  Therefore, should the Board find that the application is related to work “in the public interest,” it is requested that the Board waive applicable fees for this application (rezoning application fee of $849, processing fee of $25, and Natural Resources Management review fee of $300).

 

The Board may wish to consider if the request is consistent and compatible with the surrounding area and to recognize existing development trends.

 

On August 17, 2026, the Planning and Zoning Board considered the request and voted unanimously to recommend approval.

Clerk to the Board Instructions:

Upon receipt of resolution, please execute and return a copy to Planning and Development.