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 Planning and Zoning Board 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 MAV utilization at 87.56% capacity, with a potential utilization increasing to 93.57% with the proposed development. Brevard County Code Section 62-602 (F)(6)(b), regarding maximum capacity allotment states: The threshold capacity restrictions described in subsection (f)(6)a of this section, a site plan or subdivision shall be allotted no more than 25 percent of the remaining capacity of a facility. Project size shall be determined utilizing the most restrictive of the facilities named in subsection (f)(6)a of this section. 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 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.
The Board may consider if 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 would be appropriate and sufficient to mitigate potential traffic LOS impacts to the area.
The Merritt Island Redevelopment Agency (MIRA) Board reviewed this request and voted unanimously to recommend denial of the applicaiton.
The Board of County Commissioners will consider the request on Thursday, February 05, 2026, beginning at 5:00 p.m. The meeting will be held and the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None