Subject:
Title
Merritt Bidco SPV, LLC (Kim Rezanka) requests a zoning classification change from AU with a BSP to RU-2-15 and RU-2-30 with removal of BSP. (25Z00054) (Tax Account 2412106) (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing to consider a change of zoning classification from AU (Agricultural Residential) with a BSP (Binding Site Plan) to RU-2-15 (Medium-Density Multiple-Family Residential) and RU-2-30 (High-Density Multiple-Family Residential) with removal of BSP (Binding Site Plan).
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Summary Explanation and Background:
The applicant is requesting to rezone the subject property from AU (Agricultural Residential) with a Binding Site Plan (BSP) to RU-2-15 (Medium-Density Multiple-Family Residential) with the removal of the BSP on an 11.24-acre parcel for the development of 222 units.
While Binding Site Plans are no longer a mechanism used by Brevard County, Section 62-1157(4), Brevard County Code of Ordinances, states that “existing binding site plans shall be treated as binding development plans insofar as they are consistent with the 1988 county comprehensive plan, as amended, and more restrictive ordinances of the county, and the plans shall continue to be binding on the applicant and his assigns, heirs and successors in title or possession of the lot, tract or parcel of land. . .”
The BSP on the property also includes the developed medical center property abutting the subject property. The BSP includes an access point on the north side of the medical center property, accessing N. Courtenay Pkwy. The second access point in the BSP is on the south side of the medical center property on Pioneer Rd. In addition, the BSP has a 50-foot-wide vegetative buffer along the northeast corner of the subject property, then south along the property line down to Pioneer Rd. The vegetative buffer includes ten (10) live oak trees, forty-three (43) slash pine trees, one-hundred eighty-one (181) Surinam cherry trees, and eighty (80) wax myrtle trees.
North of the subject parcel is one parcel, owned by Brevard County, 0.68 acres, BU-1 zoning with CC FLU designation and RU-1-11 zoning with NC FLU designation. In addition, there are four (4) parcels, approximately 0.19-0.25 acres each, developed with single-family detached dwellings in a platted subdivision, Villa de Palmas with RU-1-11 zoning and RES 6 FLU designation. South of the subject parcel is one parcel, 4.46 acres, developed with a medical facility which is owned by the applicant for this rezoning, which has AU zoning with NC FLU designation. Another parcel, across Pioneer Road, 6.62 acres, developed with an assisted living facility that has BU-1 zoning with CC FLU designation. East of the subject property are nine (9) parcels, approximately 0.18-0.26 acres each, developed with single-family detached dwellings in Raintree by the Lake, a platted subdivision, which has RU-1-11 zoning with RES 6 FLU designation. West of the subject property is N. Courtenay Pkwy., a State-maintained roadway.
Concurrency analysis associated with a rezoning application is preliminary in nature and approval of the rezoning does not vest the applicant against the application of concurrency regulation associated with future applications (site plan/subdivision plan and building permits). The section of N. Courtenay Pkwy. from Pioneer Rd. to Southern Ramps of S.R. 528 has a current Maximum Allowed Volume (MAV) utilization at 87.56% capacity, with potential utilization increasing to 93.57% with the proposed development (about 48% of remaining capacity). Brevard County Code Section 62-602 (F)(6)(b), regarding maximum capacity allotment states: “. . . a site plan or subdivision shall be allotted no more than 25 percent of the remaining capacity of a facility . . . No more than one phase shall be approved for development until 50 percent of the residential lots or units or commercial projects approved for that phase have been sold or developed.”
The applicant has supplied a Traffic Impact Study (TIS) prepared by Bowman Consulting Group and signed and sealed by a professional engineer (attached). Brevard County Public Works Traffic Engineering has reviewed this TIS and supplied comments (attached). Addendum #2, attached, summarizes these comments as it relates to this application.
The applicant has supplied a concept plan for illustrative purposes, attached. Please note that this concept plan is nonbinding and has not been reviewed for consistency with Brevard County Code.
On February 2, 2026, the applicant supplied a proposed Binding Development Plan (BDP). Proposed terms of the BDP include:
• During site plan permitting for the Property, Developer/Owner will permit and extend the west bound, right turn lane currently existing on Pioneer Road approximately three hundred (300) feet, from the turn lane’s current eastern terminus, for a total length of 480 feet, to provide additional capacity for that turn lane. This turn lane will be constructed with proper authorization and permits from Brevard County and will be accepted by Brevard County for maintenance upon proper inspection. If the Property does not receive site plan approval for the intended use of an apartment complex, this condition shall become null and void.
• Developer/Owner will provide a one hundred (100) foot building setback from its east Property boundary, including 15-foot-wide landscaping buffer, disturbing the buffer only as necessary. Developer/Owner will work with NRMO to establish the buffer with similar types of plants and trees that currently exist, if the existing buffer cannot be maintained.
• Developer/Owner will maintain a fifty (50) foot landscape buffer along its north Property boundary for the land zoned RU-2-15, adjacent to the residentially developed property, preserving all protected trees.
• Developer/Owner will enter into a cross-access agreement with the adjacent Property Owner to its south, that abuts Pioneer Drive, to utilize the driveway that currently exists from the adjacent Property to Pioneer Road, to minimize traffic conflict points onto Pioneer Road.
• Developer/Owner will enter into a Proportionate Fair Share Agreement, to address traffic capacity on N. Courtenay Parkway (SR3) with the County, if SR3 is determined to be deficient at time of site plan submittal.
• Developer/Owner intends to utilize landscape buffers, to the extent allowed by County Code, for usable common open space for use of tenants.
The Board may consider whether the request is consistent and compatible with the surrounding area. The Board may consider the impact of increased traffic to the surrounding area and whether measures, including the applicant’s proposed BDP, would be appropriate and sufficient to mitigate potential traffic LOS impacts on the area.
On January 12, 2026, the Planning and Zoning Board heard the request, and the vote twice resulted in a 7:7 tie (one motion to recommend approval, the other to recommend denial).
On February 05, 2026, the Board of County Commissioners opened the public hearing on the request and continued the item to its April 2, 2026, Zoning meeting, with the Planning and Zoning Board to review the request at its March 16, 2026, meeting. The Board took this action because the applicant submitted new information for Board consideration that was not available to the Planning and Zoning Board, including a Traffic Impact Study (attached). Pursuant to Section 62-184(d)(2), “the applicant must submit any new evidence, not presented to the planning and zoning board, at least two weeks prior to the board of county commissioners meeting. Failure to do so may result in a continuation of the public hearing.”
On March 16, 2026, the Planning and Zoning Board reheard the request, and the vote twice resulted in a 7:7 tie (one motion to recommend approval, the other to recommend denial).
Clerk to the Board Instructions:
Upon receipt of the resolution, please execute and return a copy to Planning and Development.