Brevard County Planning and Zoning Board Case 26Z00042: Chamberlan Terrace Rezoning From BU-1 to SR on November 16

The Brevard County Planning and Zoning Board, which also sits as the Local Planning Agency, will hold a public hearing on case 26Z00042 on Monday, November 16, 2026, at 3:00 p.m. in Viera. The request would change the zoning of a 1.27-acre parcel at 4045 Chamberlan Terrace from BU-1 (General Retail Commercial) to SR (Suburban Residential). The parcel is on the south side of Chamberlan Terrace, about 228.3 feet west of Tucker Street, in District 3. The stated purpose is to split the property into two residential lots. County staff comments list a later hearing before the Board of County Commissioners on December 10, 2026.

What the Owners Are Asking For

The agenda lists the request as item H.6. The owners are Jerome C. Cicoli and Cheryl Cicoli. The tax account number is 3008103, and the parcel ID is 30-38-23-HI-48-19.

Staff states that a single-family home already sits on the western side of the property. The owners intend to keep living there. Staff states that they would like to sell the new lot for a single-family home.

Why the Current Zoning Does Not Match the Land Use Map

The property has carried BU-1 zoning since the county zoning code was adopted on May 22, 1958. Its future land use designation has been Residential 2 (RES 2) since the county adopted its Comprehensive Plan on September 8, 1988.

Staff states that, under Section 62-1255 of the county code, the current BU-1 zoning cannot be considered under the RES 2 designation. Staff states that SR zoning can be considered under RES 2. Staff also states that the change would bring the property into compliance with its current land use designation.

How BU-1 and SR Compare

The staff comments describe the two zoning classes this way.

• BU-1 allows retail commercial land uses on lots of at least 7,500 square feet. It does not permit warehousing or wholesaling.

• SR is meant for single-family homes of a relatively spacious character on lots of at least one half acre. The minimum house size is 1,300 square feet.

Staff states that the nearest property with SR zoning is about 365 feet north of the site, on the west side of Tucker Street.

The Live Local Act and the Unit Count

Staff lists a development potential of 38 residential units under the current BU-1 zoning. Under the proposed SR zoning, staff lists two units. Staff notes that these figures are for concurrency analysis only.

Staff bases the 38-unit figure on Section 125.01055, Florida Statutes, often called the Live Local Act. Under subsection (7) of that statute, a county must allow multifamily and mixed-use residential uses in areas zoned for commercial, industrial or mixed use. This applies 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, as defined in Section 420.0004.

Staff states that in unincorporated Brevard County the act effectively allows up to 30 dwelling units per acre. Staff states that the proposed rezoning would remove the possibility of a Live Local Act development on the property.

The Site and Its Surroundings

The staff comments describe the land next to the site as follows.

• North: the Chamberlan Terrace right-of-way, then homes on 0.33-acre and 0.39-acre parcels zoned RU-1-7 with RES 2 land use.

• South: the Cherry Street right-of-way, then homes on 0.31-acre and 0.4-acre parcels zoned RU-1-7 with RES 2 land use.

• East: an undeveloped 1.52-acre property zoned BU-1 with Community Commercial (CC) land use.

• West: homes on 0.43-acre and 0.59-acre parcels zoned RU-1-7 with RES 2 land use.

Within half a mile, staff counts five future land use designations, with RES 2 the most common. Staff counts eleven zoning classes, with RU-1-7 the most common.

Staff lists three nearby rezonings in that time. Each changed RU-1-7 to SR so an owner could build a single-family home.

• 25Z00048, approved February 5, 2026, for 2.26 acres.

• 25Z00034, approved December 11, 2025, for 0.74 acres.

• 23Z00017, approved July 13, 2023, for 0.78 acres.

Staff Findings

The staff comments do not include a recommendation of approval or denial. They do include several findings.

• Staff states that SR zoning will not diminish the enjoyment of, safety or quality of life in the existing neighborhood.

• Staff describes the area as primarily residential, with supporting commercial development along U.S. Highway 1 to the east.

• Staff identified no material violation of Comprehensive Plan policies.

• The nearest road segment, U.S. Highway 1 between the Indian River County line and Micco Road, operates at 65.76 percent of its daily capacity. Staff projects 65.80 percent with the change.

Water, Sewer and Environmental Notes

The property is in the county water and sewer service areas. Staff states that the nearest water line is about 4,400 feet away and the nearest gravity sewer line is about 3,800 feet away. If the property needs either service, the owner is responsible for paying to extend the line.

Natural Resources Management staff notes that the property contains aquifer recharge soils and falls in a Type 3 Aquifer Recharge area. That area is subject to limits on impervious surfaces. Land clearing is not permitted without prior approval from Natural Resources Management.

Staff also states that federally or state protected species may be present. The property is in a large area of mapped Florida Scrub Jay habitat, and gopher tortoises may be on site. Staff advises the applicant to get any needed permits or clearance letters from state or federal wildlife agencies before any plan, permit or land clearing.

How the Rezoning Process Works

Section 62-1151(c) of the county code directs the Planning and Zoning Board to recommend approval or denial of each rezoning application to the Board of County Commissioners. The board bases its recommendation on factors listed in that section. They include the character of the land use around the property.

The staff comments also ask the board to evaluate compatibility under Administrative Policies 2 through 8 of the county's Future Land Use Element.

Who May Be Affected and What It May Mean for Them

The owners are directly affected. If the county approves the rezoning, the property may be split into two residential lots, subject to the utility, aquifer recharge, tree and wildlife rules noted by staff. The change would also remove the commercial zoning that staff states could allow a Live Local Act project. Neighbors on Chamberlan Terrace, Cherry Street and Tucker Street may wish to review the staff comments. Nothing is final. The Planning and Zoning Board makes a recommendation, and the Board of County Commissioners is scheduled to hear the case on December 10, 2026.

The agenda includes a public comment period. The agenda cites Section 286.26, Florida Statutes, and states that persons who need special accommodations or an interpreter should notify the Planning and Development Department at (321) 633-2069 no later than 48 hours before the meeting.

The staff comments state that the board should consider whether the request is consistent and compatible with the surrounding area. The Planning and Zoning Board meets on Monday, November 16, 2026, at 3:00 p.m. in the Commission Room, Building C, Brevard County Government Center, 2725 Judge Fran Jamieson Way, Viera.