Subject:
Title
Strada Development, LLC, represented by Attorney Kim Rezanka, Requests an Agricultural Enclave Certification Pursuant to Section 163.3162(4), Florida Statutes, for Property with Tax Accounts 2316605, 2316606, 2316607, 2316617. (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners (“Board”) conduct a public hearing to consider an application for agricultural enclave certification pursuant to Section 163.3162(4)(c), Florida Statutes, and either approve or deny the requested certification. If the Board denies the request, then the Board must direct staff to draft a detailed findings of fact and conclusions of law to support the denial. Such findings and conclusions shall be brought back to the Board for consideration and final adoption at the Board Zoning meeting scheduled for 5:00 p.m. on September 10, 2026.
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Summary Explanation and Background:
Strada Development, LLC (“Strada”) requests certification of Tax Accounts 2316605, 2316606, 2316607, 2316617 (the “Subject Property”) as an “agricultural enclave” pursuant to Section 163.3162(4), Florida Statutes.
The Subject Property consists of approximately 142.13 acres of undeveloped land located in Merritt Island on the north side of E. Crisafulli Rd., approximately 90 feet east of Josephs Ct.
During the 2026 legislative session, Senate Bill 686 was approved and signed into law as Chapter 2026-34, Laws of Florida (“Chapter 2026-34”). Chapter 2026-34 amended Sections 163.3162 and 163.3164, Florida Statutes, and established the requirements for certification and development of land that qualifies as an “agricultural enclave.” Importantly, Chapter 2026-34, which took effect on July 1, 2026, and currently has an expiration date of January 1, 2028, has the effect of preempting certain aspects of local government zoning regulations, comprehensive plan policies, and future land use designations.
Under Chapter 2026-34, a process was established for property owners to request an agricultural enclave certification through a public hearing and approval process. The applicant must demonstrate that the land in question meets the requirements of an agricultural enclave, as defined by Section 163.3164(4), Florida Statutes (as updated by Chapter 2026-34). Generally speaking, if the property meets these requirements, then the property owner “may submit development plans for single-family residential housing which are consistent with the land use requirements, or future land use designations, including uses, density, and intensity, of one or more adjacent parcels or an adjacent development. A development for which plans are submitted under [Section 163.3162(4)(e), Florida Statutes,] must be treated as a conforming use, notwithstanding the local government’s comprehensive plan, future land use designation, or zoning. . . .” Section 163.3162(4)(e), Florida Statutes.
Within 30 days of receipt of an application for certification, County staff is required to provide a written report detailing whether the land qualifies for certification as an agricultural enclave. Within 30 days of the report, the Board must hold a public hearing to approve or deny certification of the property as an agricultural enclave. If an application for certification as an agricultural enclave is not approved or denied within 90 days of receipt of such application, state law requires that the land must be certified as an agricultural enclave.
As mandated by Chapter 2026-34, County staff conducted a review of the application for the Subject Property to determine whether the statutory requirements outlined in Section 163.3162(4)(a), Florida Statutes, had been met. Based on the information available to County staff, it was determined that the application complies with the requirements of Section 163.3162(4)(a), Florida Statutes. Specifically, County staff determined that the Subject Property: (1) is owned by a single person or entity; (2) has been in continuous use for bona fide agricultural purposes for a period of 5 years before the date of any comprehensive plan amendment or development application; (3) meets the locational requirements based on the properties adjacent to/surrounding the Subject Property; (4) has public services or will have public services available to serve the Subject Property; and, (5) meets the acreage requirements. See Section 163.3164(4), Florida Statutes, as amended.
The application is now being provided to the Board to hold a public hearing to approve or deny certification of the Subject Property as an agricultural enclave. Should the Board deny the application, it “must issue its decision in writing with detailed findings of fact and conclusions of law.” Strada may seek review of a denial by filing a petition for writ of certiorari in the circuit court within 30 days after the Board renders its decision. Section 163.3162(4)(d), Florida Statutes.
Should the Board approve the application and certify the Subject Property as an agricultural enclave, Strada may “submit development plans for single-family residential housing which are consistent with the land use requirements, or future land use designations, including uses, density, and intensity, of one or more adjacent parcels or an adjacent development. A development for which plans are submitted under this paragraph must be treated as a conforming use, notwithstanding the local government’s comprehensive plan, future land use designation, or zoning.” Section 163.3162(4)(e), Florida Statutes. Strada has indicated in its application that it intends to submit plans consistent with the adjacent development known as Island Forest Preserve (Tax Account 3032524), which is zoned SR (Suburban Residential) with a Binding Development Plan capping density at one unit per acre to conform with its future land use designation, RES 1, pursuant to Section 62-1255(b)(2), Brevard County Code. The process for information submittal, analysis, and final approval of Strada’s development plans as an agricultural enclave shall be done in accordance with Section 163.3162(4)(g), Florida Statutes, as amended by Chapter 2026-34, which does not allow for any further review of the plans in a quasi-judicial process or public hearing.
Clerk to the Board Instructions:
Upon receipt of Resolution, please execute and return a copy to Planning and Development.