Subject:
Title
Defender Homes Airway Heights LLC (Kim Rezanka) requests a zoning classification change from RR-1 to RU-1-11 with a BDP. (26Z00034) (Tax Account 2702763) (District 5)
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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 request for a zoning classification change from RR-1 (Rural Residential) to RU-1-11 (Single-Family Residential) with a BDP.
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Summary Explanation and Background:
The applicant is requesting a change in zoning from RR-1 (Rural Residential) to RU-1-11 (Single-Family Residential) on 14.37 acres to develop a single-family detached subdivision with 14 lots. The subject parcel is currently undeveloped and is located on the east side of Turtle Mound Rd., approximately 240 feet north of Aurora Rd. The proposed Binding Development Plan (BDP) is self-imposed to limit density of the property to one unit per acre. In other words, if approved, the BDP would limit development to 14 single-family units rather than the potential 57 single-family units that would be the development potential under the requested rezoning without a BDP. It should be noted that the applicant-supplied BDP has not been fully reviewed and accepted by staff in accordance with Section 62-1157, Brevard County Code of Ordinances; as such, it is requested that the Board consider the BDP conceptual at this stage. Should the Board approve the request with BDP, it is requested that it direct staff to review and further negotiate language contained in the BDP with the applicant.
The existing RR-1 zoning classification requires a minimum lot size of one acre. The proposed RU-1-11 zoning classification would reduce the minimum lot size to 7,500 square feet; however, the overall development density would remain limited to a maximum of four dwelling units per acre pursuant to the RES 4 Future Land Use designation (before application of the proposed BDP terms, which further limit density).
NRM comments identify several environmental and floodplain development constraints affecting the subject property. The applicant is on notice that, pursuant to Section 62-3694(c)(1), Brevard County Code of Ordinances, residential land uses within wetlands are limited to no more than one (1) dwelling unit per five (5) acres. For subdivisions and multi-family developments exceeding five acres in size, Section 62-3694(c)(6) allows this limitation to be applied as a maximum percentage, restricting cumulative wetland impacts to no more than 1.8% of the total non-commercial and non-industrial acreage.
Administrative Policy 7 states: Proposed use(s) shall not cause or substantially aggravate any (a) substantial drainage problem on surrounding properties; or (b) significant, adverse and unmitigable impact on significant natural wetlands, water bodies or habitat for listed species. Comments from the Brevard County Stormwater Program Administrator note:
• Based on the County’s hydrologic and hydraulic model of this area and the latest LiDAR mapping, it appears significant portions of the subject property are below the Mean Annual, 25- and 100-year storm flood levels.
• Based on the modelling and the extensive improvements already constructed in the area by the Stormwater Program, it is expected that development of this lot would impact flood plain storage and runoff rates to exacerbate flooding levels and issues of properties and infrastructure in the vicinity of this project.
Additionally, a majority of the property is located within a FEMA-designated Special Flood Hazard Area (SFHA A), as identified on the FEMA Flood Insurance Rate Map. Pursuant to Section 62-3724(3)(d), compensatory storage is required for fill exceeding that necessary to establish an upland buildable area greater than one-third (1/3) acre within the isolated floodplain. Chapter 62, Article X, Division 6 further provides that “No site alteration shall adversely affect the existing surface water flow pattern,” while Section 62-3723(2) requires that development within floodplain areas not adversely impact adjoining properties.
The nearest RU-1-11 zoning considered consistent with the proposed zoning classification and Future Land Use (FLU) designation is located approximately 1.3 miles east of the subject property along Vickers Drive, north of Aurora Road. Three parcels within this area are zoned RU-1-11, including an undeveloped 0.17-acre parcel designated RES 15 FLU.
With the nearest RU-1-11-zoned property located approximately 1.3 miles from the subject property, the applicant's request could be considered an introduction of a new zoning classification to the surrounding area. However, an RU-1-13 zoned property is located approximately 0.3 miles southwest of the subject property. That 0.47-acre parcel is developed with a single-family residence and represents the closest zoning classification of a similar residential character.
North of the subject property are four (4) parcels, all developed with single-family residences, with three parcels at 1.0 acres and one parcel at 1.68 acres. All properties have RR-1 zoning classification and RES 4 FLU designation. South of the subject property across White Road are two (2) parcels, both of which are developed with single-family residences; one parcel has 1.5 acres, while the second has 2.27 acres. Both properties have RR-1 zoning classification with RES 4 FLU designation. East of the subject property across Turtle Mound Road is Fox Bay Subdivision. The subdivision is an approximate total of 17.754 acres with 46 lots. The subdivision has EU-2 zoning classification with RES 4 FLU designation. Each lot is approximately 0.15 acres to 0.33 acres in size. West of the subject property is a 2.07-acre parcel, developed with a single-family residence and has RR-1 zoning classification with RES 4 FLU designation. In addition, there is a non-conforming mobile home park, 27.2 acres with 143 units, with TR-3 zoning classification and RES 4 FLU designation.
The Board should consider whether the request is consistent and compatible with the surrounding area. Additionally, the Board may consider whether the proposed use can be developed in a manner that complies with Administrative Policy 7 (i.e. without substantially aggravating existing drainage and flooding conditions in the vicinity of the subject property). The Board may consider whether the proposed BDP sufficiently mitigates for the conditions noted by staff under Administrative Policy 7.
Should the Board find that the current proposed BDP is not sufficient to comply with Administrative Policy 7, the applicant and Board may consider whether a BDP requiring the stormwater management system to be engineered to, at a minimum, maintain pre-development discharge rates and volumes, including accounting for off-site stormwater currently stored on the subject property, would be an appropriate and sufficient measure to avoid substantially aggravating existing drainage and flooding conditions within the surrounding area.
On September 14, 2026, the Planning and Zoning Board considered the request and unanimously recommended denial.
Clerk to the Board Instructions:
Upon receipt of resolution, please execute and return a copy to Planning and Development.