Brevard County Commission Item F.2: Binding Development Plan for U.S. 1 Commercial Rezoning at Lionel Road, October 20

On Tuesday, October 20, 2026, the Brevard County Board of County Commissioners will consider accepting a binding development plan for 7.05 acres of vacant land on U.S. Highway 1. The two parcels sit on the east side of the highway at the northeast corner of Lionel Road in District 1. The plan is consent agenda item F.2, File No. 9222, under zoning application 26Z00015. On August 6, 2026, the Board approved rezoning the land from AU, Agricultural Residential, to BU-1, General Retail Commercial, with a binding development plan. Planning staff asks the Board to accept the plan and authorize the Chair to sign it. The meeting starts at 9:00 a.m. in the Commission Chambers, Building C, 2725 Judge Fran Jamieson Way, Viera.

What the Binding Development Plan Covers

The plan is an agreement between the county and the owners, Sami K. Salib and Violette W. Salib, covering parcels 20-35-31-00-504 and 20-35-31-00-518. The owners signed it before a notary on September 28, 2026. Staff describes a binding development plan as a voluntary agreement in which an owner places limits on how land can be developed to support a zoning change.

The signed plan includes these terms.

• A 100 foot vegetative buffer along the eastern boundary and a 50 foot vegetative buffer along the northern boundary.

• The retention pond for the development must go on the northeastern portion at the back of the property.

• Prohibited uses are automotive sales and storage, bait and tackle shops, billiard rooms, electronic arcades, Level I and II group homes, non-overnight commercial parking, and gasoline service stations.

• Ingress and egress are limited to U.S. Highway 1.

• No deliveries are permitted after 9:00 p.m. or before 6:00 a.m.

• Signage is limited to the U.S. 1 frontage. The staff report describes this term as applying to freestanding signs.

The plan runs with the land unless or until the property is rezoned, and it binds later owners. It becomes void if the property is annexed into a municipality and rezoned. A violation of the plan is also a violation of the zoning classification.

In an affidavit dated the same day, the owners, as trustees, state that the property is free of all mortgages and liens.

The Rezoning Record From July and August

According to the staff comments, the parcels kept their original AU zoning when the county adopted its zoning code on May 22, 1958. AU allows farming and single-family homes on 2.5 acre lots. BU-1 covers general retail shopping, offices, and personal services. A companion request, Small Scale Plan Amendment 26S.05, asked to change the future land use of the parcels from Neighborhood Commercial and Residential 2 to Community Commercial.

Staff reports that at the Planning and Zoning Board hearing on July 13, 2026, the applicant, Carmine Ferraro, said plans were not final. He said the owners were seeking to entitle the property with the goal of selling it, and were targeting a buyer interested in a gas station with a convenience store and some retail service. The signed plan now prohibits gasoline service stations.

At that hearing, he said the owner had agreed to a 15 foot vegetative buffer along the north side. The minutes record public comment on traffic near the school, private wells, septic systems, flooding, and the rural character of the area. Two speakers supported the request. The board voted unanimously to recommend denial of both the land use change and the rezoning.

On August 6, 2026, the Board of County Commissioners adopted Ordinance No. 26-13, approving the land use change. It also approved the rezoning with the binding development plan. According to the Clerk's memo, Commissioner Rita Pritchett made both motions and Commissioner Kim Adkinson seconded them. Chair Thad Altman voted no on both.

What the Record Shows for Nearby Property Owners

According to the staff comments, four parcels with single-family homes adjoin the land to the north. Across Lionel Road to the south are a Dollar General store and Pinewood Elementary School. A 3.33 acre parcel with residential amenities lies to the east. U.S. Highway 1, a four lane state road, runs along the west side, with a 10 unit motel across the highway. The site falls within the 2007 Mims Small Area Study.

Staff reports that the stretch of U.S. 1 between Lionel Road and Burkholm Road operates at 28.18 percent of its daily capacity. Staff reports that the most intense development possible, a 150,000 square foot shopping plaza, would bring it to 74.45 percent. Staff calls this a preliminary review and states that specific concurrency issues will be addressed at site plan review.

The Natural Resources Management Department lists mapped wetlands, aquifer recharge soils, protected and specimen trees, and protected species for the site. It notes that gopher tortoises can be found in areas of aquifer recharge soils. A wetland delineation is required before land clearing or site plan design. A tree survey is also required before site plan design.

The staff comments also state that BU-1 zoning on the 7.05 acres allows either commercial use or 211 multifamily units under the Live Local Act. Section 125.01055, Florida Statutes, requires a county to allow multifamily and mixed-use residential development in commercial zones if at least 40 percent of the residential units in a proposed multifamily development are rental units that stay affordable for at least 30 years. At the July hearing, staff told the board that the county cannot restrict the Live Local Act. Staff added that an owner's agreement in a binding development plan not to use it would be legally binding, and that doing so would be voluntary.

The Legal Framework and the October 20 Meeting

Section 62-1157 of the Brevard County Code governs binding development plans. An applicant may submit a plan voluntarily to support a rezoning. The plan must include a legal description and a written list of conditions. Its restrictions may not be less strict than existing codes. All persons with a legal interest of record in the property, including any mortgage holder, must be parties to it.

The code makes approval of the zoning action contingent on the Board's acceptance of a final plan. The plan must be recorded in the county's public records, with a certified copy given to the zoning division, within 120 days of the Board's approval. Until then, the zoning approval is not effective. If the plan is not recorded in time, the application is considered withdrawn. An applicant may ask the Board for a 60 day extension for good cause. The request must be made within 90 days of approval.

Staff reports that the plan went through staff and legal review and meets the code's criteria. It comes to the Board in recordable form as a consent item to finalize the zoning action.

The agenda states that the entire consent agenda is passed in one motion.

The requested action on item F.2 is for the Board to accept the binding development plan under application 26Z00015 and authorize the Chair to sign it. Under the agenda rules, anyone who wishes to speak on any item, including consent items, is asked to fill out a speaker card before the Board considers the item. Speakers have three minutes.