Subject:
Title
Alexis Raul and Rosemary Estevez DeJesus request a zoning classification change from BU-1 with a BDP to BU-1 with removal of a BDP. (25Z00003) (Tax Account 2004581) (District 1)
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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) with a BDP to BU-1 (General Retail Commercial) with removal of a BDP.
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from BU-1 (General Retail Commercial) with BDP (Binding Development Plan) to BU-1 on 1.18 acres (i.e. removal of the BDP). The applicant wants to have all BU-1 uses available.
On July 30, 2007, the subject property received approval for a rezoning along with a Small-Scale Comprehensive Plan Amendment (SSCPA). The zoning classification changed from RU-2-10 to BU-1 with a BDP to limit the uses to only the BU-1 use of grocery store with no sales of hard liquor and all BU-1-A uses. The FLU changed from NC to CC under SSCPA 07S.9. Both actions were approved under Resolution Z-11358.
On May 9, 2008, a change of occupancy was submitted changing the use from restaurant, bar, nightclub to a convenience store, and was approved on September 17, 2008, via a Certificate of Occupancy. On July 18, 2008, a minor site plan (08AD-00602) was submitted for review to add additional parking spaces due to the change of occupancy and was approved August 4, 2008.
On February 10, 2023, the applicant request for a zoning verification letter (23Z00012) was completed, thereby notifying the applicant of the subject property's zoning and a copy of the BDP.
The current BDP on the property limited the use of a grocery store (as allowed by Section 62-1482, Brevard County Code of Ordinances) and all uses allowed in BU-1-A zoning, provided there are no sales of hard liquor, pornogra...
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