Subject:
Title
Public Interest Determination: Wetland Impacts for Commercial Development, North Hill Development LLC (NHD), Tax Account Number 2423940 (District 1)
End
Fiscal Impact:
None.
Dept/Office:
Natural Resources Management Department
Requested Action:
Recommendation
In accordance with Chapter 62, Article X, Division 4, Section 62-3694(c)(3)c, EDC, a Division of Haley Ward, Inc., on behalf of MBV Engineering, Inc. (MBV), North Hill Development LLC (NHD) and Ballarena Group Corp., requests that the Board of County Commissioners (Board) consider a Public Interest Determination (PID) for wetland impacts proposed for a commercial project on the referenced parcel.
End
Summary Explanation and Background:
EDC, on behalf of MBV, and on behalf of NHD/ Ballarena Group, submitted a Wetland Toolbox analysis (attached) for wetland impacts proposed for a commercial project (24SP00018) located north of West King Street (S.R. 520), approximately 0.3 miles west of Clearlake Road, in unincorporated Cocoa (Tax Account #2423940). The property is predominantly comprised of wetlands, with approximately 0.91 acre of the total 0.96-acre parcel classified as wetlands. The project proposes to impact the entire subject wetland (0.91 acres), as depicted on Sheet C-201 of the Civil Plans (attached) to develop a restaurant, with outside seating, and a general retail space with associated sidewalks, parking, and stormwater management.
The project is also currently under review by the St. Johns River Water Management District (SJRWMD) under Environmental Resource Permit (ERP) Application No. 200974-2. SJRWMD will require wetland mitigation for direct and secondary impacts according to the FDEP Uniform Mitigation Assessment Method (UMAM) analysis. The final ERP and associated mitigation are pending SJRWMD’s approval. Note that Chapter 62, Article X, Division 4, entitled Wetlands Protection, requires no-net-loss of wetlands within Brevard County. Therefore, the applicant shall provide documentation of in-County wetlands mitigation.
Chapter 62, Article X, Division 4, Section 62-3694(c)(3)(b) allows wetland impacts for commercial development that meets the mitigation qualified roadways (MQR) criteria:
On properties with frontage on mitigation qualified roadways, commercial or industrial land development activities may be permitted in wetlands if the property is designated for commercial or industrial land uses on the future land use map. Mitigation qualified roadways are depicted and identified in a table on map 8 of the Brevard County Comprehensive Plan Conservation Element. An amendment to the Comprehensive Plan shall be required to add a mitigation qualified roadway to map 8 and the associated table.
The subject parcel fronts West King Street (S.R. 520), designated as a MQR in this location.
Section 62-3694(c)(3)(b) further states that wetlands proposed for impact shall be assessed using methodologies established in the Countywide Wetlands Study, to determine if they meet the criteria of High Functioning Wetlands or Landscape Level Wetlands. Impacts to High Functioning or Landscape Level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest. Public interest is defined as, “demonstrable environmental, social and economic benefits which would accrue to the public at large as a result of a proposed action, and which could clearly exceed all demonstrable environmental, social, and economic costs of the proposed action…”
A landscape level wetland is defined in Section 62-3691 as a wetland that is EITHER 1) five (5) acres or larger; OR 2) located within the Landscape Level Polygon depicted on Map 9 of the Brevard County Comprehensive Plan Conservation Element, and the U.S. Army Corps of Engineers determines the wetland is hydrologically connected to the St. Johns River or Indian River Lagoon System. The subject wetland is part of a larger system that extends over five acres and is hydrologically connected to the north and east. The Engineer of Record is working on the design of a stormwater management system to accommodate the loss of flood storage and prevent adverse impacts to neighboring properties using Brevard County’s West Cocoa flood model.
A High Functioning wetland is defined in Section 62-3691 as a wetland that scores 0.66 or above as determined by the Brevard County Wetlands Assessment Method (a.k.a., Wetlands Toolbox). EDC assessed the subject wetland using the Wetlands Toolbox (attached). The subject wetland scored 0.387, below the threshold for consideration as a High Functioning Wetland as defined in Section 62-3691.
In summary, the subject wetland is not considered a High Functioning wetland as defined by Brevard County. However, the subject wetland is considered Landscape Level. Thus, impacts are prohibited unless the proposed impacts are found to be in the public interest.
Haley Ward, Inc., on behalf of the applicant, provided the following information (document attached) regarding public interest for the Board’s consideration:
1. Supports Economic Development and Small Business Growth
The project introduces two new commercial tenant spaces in an underserved area. This will create opportunities for local businesses, encourage entrepreneurship, and generate tax revenue for the City of Cocoa and Brevard County. The public benefits through job creation, increased local spending, and the revitalization of underutilized commercial land.
2. Improves Urban Infill and Reduces Sprawl
This infill development maximizes the use of an existing commercial corridor rather than extending growth into undeveloped rural or greenfield areas. It promotes compact, walkable development and aligns with sustainable growth principles by utilizing existing infrastructure.
3. Provides Enhanced Public Access and Services
The site plan includes direct access from SR 520 and is designed to serve both vehicular and pedestrian traffic. The proposed tenants (retail and restaurant) are expected to provide valuable amenities to local residents and commuters. These services will enhance quality of life and help reduce travel times and congestion in other areas.
4. Low Wetland Quality and Habitat Value
The environmental assessment confirmed that the on-site wetland is composed primarily of exotic hardwoods and nuisance species (e.g., Brazilian pepper and cogon grass), with no meaningful ecological function. There is an absence of native habitat, listed species, or hydrologic connectivity to larger ecosystems, significantly reducing the public environmental value of preserving this wetland.
5. Regulatory Compliance and Compensatory Mitigation
Any unavoidable impacts to wetlands will be mitigated in accordance with Brevard County Code Section 62-3696. The project will comply with the “no net loss” policy through wetland restoration, preservation, or the purchase of credits from a mitigation bank. This ensures ecological function is preserved on a regional scale while allowing reasonable land use within urban limits.
Conclusion
While the project involves impacting a low-value exotic wetland, the overall public benefit clearly outweighs the environmental cost. The development promotes economic growth, provides essential local services, creates jobs, and supports urban revitalization-all while meeting environmental obligations through approved mitigation measures.
For these reasons, the proposed wetland impact is justified and serves the public interest in alignment with the intent and policies of the Brevard County Comprehensive Plan and Land Development Code.
Should the Board approve the PID, the Applicant shall be required to comply with all other applicable land development regulations at the time of Brevard County permitting.
Board options:
Option 1: Approve PID as presented (with no-net-loss wetlands mitigation).
Option 2: Deny PID.
Option 3: Provide other direction.
Clerk to the Board Instructions:
None.