Brevard County Logo
File #: 7896   
Type: Public Hearing Status: Agenda Ready
File created: 4/10/2025 In control: Planning and Development
On agenda: 5/1/2025 Final action:
Title: Troy Holdings LLC requests a change in zoning classification from BU-1-A to BU-2, with removal of the BDP and a new BDP applied. (25Z00001) (Tax Account 2501390 & 2521094) (District 2)
Attachments: 1. Administrative Policies of the Future Land Use Element, 2. Staff Comments, 3. P&Z-LPA Minutes, 4. Survey, 5. GIS Maps, 6. Existing BDP, 7. Previously Proposed BDP (Not Recorded), 8. Conceptual Site Plan, 9. MIRA Recommendation
Date Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.

Subject:

Title

Troy Holdings LLC requests a change in zoning classification from BU-1-A to BU-2, with removal of the BDP and a new BDP applied. (25Z00001) (Tax Account 2501390 & 2521094) (District 2)

End

Fiscal Impact:

None

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 from BU-1-A (Restricted Neighborhood Retail Commercial) with Binding Development Plan (BDP) to BU-2 (Retail, Warehousing and Wholesale Commercial) and removal of BDP with a new BDP applied.

End

Summary Explanation and Background:

The applicant requests a change of zoning classification from BU-1-A to BU-2 on the combined site containing 1.86 acres. The request includes the removal of an existing Binding Development Plan (BDP) on the north 0.16 acres and a new BDP applied to the combined 1.86 acres that limits the BU-2 use to RV and boat storage only. The subject property is located directly on S. Courtenay Parkway, a county-maintained roadway.  BU-2 would be a new zoning classification along the west side of S. Courtenay Parkway.

 

A similar rezoning request with a BDP came before the Board of County Commissioners on September 7, 2023. The BDP stipulated 3 conditions: 1. Shall construct and maintain a vegetation buffer on the southern portion of the Property. Construct an eight (8) foot high solid buffer wall along the southern drive border. May also construct a solid Vinyl coated chain link fence as a fencing on the perimeter property lines. 2. Shall limit ingress and egress to S. Courtenay Parkway via an ingress/egress easement acceptable to the County Attorney over the adjacent commercial property, 3. Limit uses to indoor RV and boat storage as allowed in BU-2 zoning district and other used as allowed in the BU-1 zoning district. The rezoning request was approved, however the BDP was never recorded. Therefore, the zoning reverted back to the previous zoning.

 

The subject property is in a mixed-use area along North Courtenay Parkway 250 feet south of Cone Road.  Properties fronting on N. Courtenay Parkway are commercial in use and include development such as gasoline convenience store, retail multi-tenant centers, and multi-tenant professional building.  The development west and south of the subject is single family residential.

 

The existing BDP (Z-8602) only covers the north 0.16 acres which abuts N. Courtenay Pkwy. and stipulates thatthe Developer, having been granted BU-1-A Classification for Restricted Neighborhood Retail Commercial, will not construct or permit the construction of a convenience market on the property and will not undertake or permit gasoline sales accessory to a convenience store or otherwise and will not undertake or permit the sale of alcoholic beverages from the property.

 

The new BDP proposes to limit allowable BU-2 uses exclusively to RV and boat storage while permitting all uses allowed under the BU-1 zoning classification. This restriction aims to reduce the intensity of use within the BU-2 zoning classification if granted.  Additionally, the new BDP also proposes a vegetative buffer to the single-family subdivision abutting the parcel along the south property line.  The developer/owner will be required to meet Landscape Buffers per Section 62-4342, which states when using a vegetative buffer in lieu of the required fence or wall, a minimum 20-foot vegetated area shall also be provided.

 

The applicant has submitted a conceptual site plan, attached. This is not binding and is provided to the Board for informational purposes.

 

North is a convenience store with gas pumps zoned BU-1; South is single-family residence zoned RU-1-9; East is retail store zoned BU-1; and West is single-family residence zoned AU.

 

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

 

On April 14, 2025, the Planning and Zoning Board heard the request and unanimously recommended approval.

Clerk to the Board Instructions:

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