Subject:
Title
Consideration of a Tentative Settlement Agreement under the Florida Land Use and Environmental Dispute Resolution Act (“FLUEDRA”) for Property with Tax Accounts 2316605, 2316606, 2316607 and 2316617 (the “Property”), located in Merritt Island, Florida (District 2).
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Fiscal Impact:
None
Dept/Office:
Planning and Development Department/County Attorney’s Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners (the “Board”) consider whether to approve the Special Magistrate Recommendation to reopen the public hearing and reconsider its denial of Rezoning Application No. 25Z00039 submitted by Strada Development, LLC (“Strada”), reject the recommendation, or take alternative action.
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Summary Explanation and Background:
On February 5, 2026, the Board held a public hearing on Strada’s request to rezone the Property, which contains 142.13 acres located on E. Crisafulli Road in District 2. The request was to rezone the Property from AU (“Agricultural Residential”) and RR-1, to all SR with a Binding Development Plan (“BDP”) limiting development to sixty-one (61) units. After reviewing evidence, considering input from Strada’s representatives, members of the public, and Brevard County staff, as well as being aware that the rezoning request was denied by both the North Merritt Island Dependent Special District Board (unanimous denial) and the Planning and Zoning Board (9-4 vote for denial), the Board denied Strada’s rezoning request. On April 2, 2026, the Board adopted Resolution No. 26-20 establishing its findings of fact to support the denial of Strada’s rezoning request. On May 1, 2026, Strada filed its request for relief under FLUEDRA.
The FLUEDRA process is codified at Section 70.51, Florida Statutes. FLUEDRA is intended to provide a means to resolve land use and enforcement disputes outside of litigation. The process is rarely utilized, but when it is properly invoked, the County is required to participate in the process and share equally in the cost of the proceedings. Notably, invoking the process tolls the time for an owner to initiate legal proceedings.
In this case, the County was directed to hold mediation prior to the associated public hearing. On July 31, 2026, the County and Strada participated in mediation facilitated by Special Magistrate David Dugan. According to Section 70.51, Florida Statutes, the goal of mediation under FLUEDRA “is to focus attention on the impact of the governmental action giving rise to the request for relief and to explore alternatives to the development order . . ” After hours of mediation, County staff and Strada representatives agreed to a tentative settlement agreement. The tentative settlement agreement represents the efforts of the parties to negotiate a potential resolution in good faith, while addressing concerns relating to both the Brevard County Comprehensive Plan and the County’s land development regulations. It was understood that County staff did not have the authority to bind the County, and that Board approval would ultimately be required to grant the requested rehearing.
Terms and Conditions of the Tentative Settlement Agreement
The tentative settlement agreement provides for the following:
(1) the Board considers whether to reopen the public hearing and reconsider its denial of Strada’s rezoning request (Resolution No. 26-20).
(2) if the Board grants the rehearing, then:
a. the rehearing shall take place at the Board’s Zoning meeting on October 1, 2026, at 5 p.m.
b. the rehearing shall be limited to consideration of rezoning the Property to RR-1, a zoning classification that is less intense than SR, the zoning classification originally requested.
c. Strada shall submit a rezoning application by September 1, 2026, requesting the RR-1 zoning classification with a BDP limiting the density on the Property to up to sixty-one (61) units, subject to the County’s land development regulations, Comprehensive Plan, and other applicable codes.
d. the recommendations of the NMIDSD Board and P&Z Board shall stand and no further hearing before those boards shall be required.
(3) Importantly, regardless of whether the Board grants the requested rehearing, the FLUEDRA process will be deemed to have concluded upon presentation of this Agreement to the Board.
Special Magistrate Report and Recommendation (Mediation)
Pursuant to Florida law, the Special Magistrate issued a report and recommendation following mediation (“Special Magistrate’s Report”). In pertinent part, the Special Magistrate’s Report “recommend[s] that Brevard County approve the Tentative Settlement Agreement and reopen the public hearing to allow, at subsequent hearing, consideration of an amended request for RR-1 classification.” This Report has been provided to the Florida Department of Legal Affairs in accordance with Section 70.51(27), Florida Statutes.
Board Action
After accepting public comment and considering the Special Magistrate’s Report and the terms of the tentative settlement agreement, the Board has three (3) options:
(1) APPROVE RECOMMENDATION. The Board can grant the requested rehearing, reopen the public hearing on Rezoning Application No. 25Z00039, and reconsider its denial. In this scenario, Strada will submit a rezoning application for RR-1 by September 1, 2026; County staff will provide comments on the request and create an agenda report accordingly; the item will be re-heard at the October 1, 2026, Board Zoning meeting; and the hearing will be limited to Strada’s request for the RR-1 zoning classification. At the conclusion of that public hearing, the Board can decide to approve or deny Strada’s amended rezoning request.
(2) REJECT RECOMMENDATION. The Board can reject the Special Magistrate’s Report, deny the request to reopen the public hearing on Rezoning Application No. 25Z00039, and confirm Resolution No. 26-20 remains in full force and effect. Under this option, the Board hereby directs staff to issue a written decision that describes as specifically as possible the use(s) available to the Property and issue it to Strada within thirty (30) days of the decision. Furthermore, the tolling provision in FLUEDRA will no longer apply and Strada will be able to file an appeal if it so chooses.
(3) ALTERNATIVE OPTION. The Board can modify the tentative settlement agreement and develop an alternative resolution (in accordance with State law, the County’s land development regulations, and the Brevard County Comprehensive Plan), if Strada is in agreement. County staff will need direction on how to proceed, including, but not limited to, granting authority to enter into an extension of time with Strada to implement such alternate plan.
Under any of the above-referenced options, the Board hereby directs County staff to provide a summary of the action taken to the Florida Department of Legal Affairs within fifteen (15) days.
Attachments
(1) Strada’s Request for Relief under the Florida Land Use and Environmental Dispute Resolution Act, which includes Resolution No. 26-20 adopted by the Board.
(2) the Special Magistrate’s Report issued by Special Magistrate David Dugan on August 3, 2026, which includes the Tentative Settlement Agreement from the mediation held on July 31, 2026.
Clerk to the Board Instructions:
Please return a memo of the Board’s action to the Planning and Development Department Director and the County Attorney.