Current Zoning/Land Use

Note:  Although there have been presentations of public concern/evidence regarding overbuilding impacting NMI flooding, commissioners have approved 532 houses in 2018 – to date – to be built on NMI.

April 2019 NMI rezoning/construction requests –

Upcoming – 

New request – 19PZ00016, 19PZ00018, 19PZ00023 – Joseph, Ruth Kaplet/Edward Springer IV request change of zoning on 1.13AC located at 5780 Courtenay Pkwy., Merritt Island, FL 32953 from AU to BU-1/ change of FLU from NC to CC / request for variance to existing building front setback constructed before SR-3 widening project. This rezoning would allow BU-1 businesses to operate in the former Policicchio Fruit packing/sales building.  The Board of Adjustment approved the request for variance on 3/20/19.  The other requests will be heard on 4/11/19 at 6P by the NMIDSDB, 4/22/19 at 3P by the LPA, final decision on 5/2/19 at 5P by the BCC.
This latest rezoning request has  three PZ numbers because now the county will issue separate PZ numbers for separate parts of rezoning/FLU change applications/anything else, to conform with state requirements.  (This time the request also involves a variance, the first NMI one I’ve seen in the 12 years I’ve been doing this, which generated a third PZ number.  The process is only getting more complicated. – Kim Smith)
18PZ00142 – Frederick, Alice Denlinger/Joe Mayer, BussenMayer Engineering request a change of zoning from PIP to RR1/change of FLU from PI to Res 1 on 1.21 AC, 1385 D’Albora Rd., 32953 to be able to build a single family house.  NMIHOA did not object at the 2/4/19 meeting. The NMIDSD board did not object at the  2/14/19 meeting. Heard by the LPA board 2/25/19, decided by BCC on 3/7/19.
For the immediate future, county officials say they now will not have specific rezoning
request information published online until immediately before the commissioners’
meeting. This is due to the time required to provide ADA-compliant online posting.

Results – 

    18PZ00120 – Stephen, Jessica Paglialonga request a change of zoning from AU and EU to EU on 1.33 AC, 470 Gail’s Way, 32953 to be able to build a guest house with kitchen.  Denied NMIDSDB 11/8/18; concerns over neighborhood covenants. Approved by the BCC on 12/6/18.  
   17PZ00158 – WK&R Groves Inc. of Boynton Beach, FL/Chad Genomi, Beachland Mgrs., LLC contactor, request a change of zoning on 110.97 AC, 1430 E. Crisafulli Rd and parcels north of E. Crisafulli Rd., approx. 320‘ west of Broad Acres Rd., 32953, from AU to SR (220 houses possible) with BDP for sewer hookup required/ subdivision of 110 houses. Denied NMIDSDB 11/8/18, P&Z board on 11/19/18. BCC approved 4:1 on 12/6/18 for 110 houses on sewer or 50 houses on septic. Lober objected. 
Rezoning packet info – Info packets for each new rezoning were previously available online to the public prior to their first hearing with the Dependent Special District Board.  For the immediate future the county says they now will not have specific rezoning request info published online until immediately before the commissioners’ meeting due to the time required for a vendor to provide ADA-compliant online posting.  
Each specific rezoning request packet will be available by requesting an email copy from county Planning & Development at 633.2070 or by picking up a hard copy at the P&D office in Viera.  These will be available a few days prior to being heard at the first hearing with the NMI Dependent Special District Board.  
All letters/emails re: this request before  – all meetings are open to public –
   
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  NMI rezoning requests are heard by the NMIDSDB (NMI Dependent Special District Board) at the Merritt Island Service Complex, 2nd floor, 2575 N. Courtenay Pkwy., MI 32953 at 6P the second Thurs. of the month. Both the 3PM LPA [Local Planning Agency] meeting, usually on the 3rd Mon each month, and the 5PM BCC (Board of County Commissioners) zoning meeting the first Thurs. of the following month, take place at the Brevard County Government Center, Bldg. C, 2725 Judge Fran Jamieson Way, Viera FL 32940.
They can be viewed online approx. 2 weeks prior to the first hearing at
 http://www.brevardfl.gov/PlanningDev/Boards/NMISpecialDistrict ; scroll down to the date under Agendas.  Zoning requests and agenda packets going before the LPA or county commissioners can be viewed online approx. 2 weeks before that hearing at   http://brevardcountyfl.iqm2.com/Citizens/Calendar.aspx   ; scroll to Agenda packet.
Check meeting times/dates for changes.
Brevard County commissioners’ contact info listed under  www.nmihoa.org/helpful-links  and

Here are the recent past NMI rezoning requests and results to the county:

 17PZ00158 – WK&R Groves Inc. of Boynton Beach, FL/Chad Genomi, Beachland Mgrs., LLC contactor, request a change of zoning on 110.97 AC, 1430 E. Crisafulli Rd and parcels north of E. Crisafulli Rd., approx. 320‘ west of Broad Acres Rd., 32953.
  Original request – 12/22/17 from AU to RR-1, FLU to remain Residential 1, for a single family subdivision [approx. 85 houses] located north of E. Crisafulli Rd., 320‘ west of Broad Acres Rd. NMIDSDB denied 3/8/18, LPA board denied 3/19/18 due to density impacts. Tabled from BCC 4/5/18, 5/3/18, 8/2/18, 10/4/18. Request amended before 10/4/18 meeting.
    Current request – Amended 8/28/18 – FLU still Res-1 but now asking to rezone from AU to SR [220 houses possible] with BDP for sewer hookup required/ subdivision of 110 houses.

 Heard again/denied again NMIDSDB 10/11/18, P&Z board unanimously denied 10/22/18, 3PM.

On Dec. 6, the BCC  approved 110 residential units

 with a Binding Development Plan(BDP). The BDP states “The Developer/Owner shall limit the project to 110 units and may be responsible for the maintenance of any improvements. …shall extend the Sewer line from the nearest connection point. If sewer is not installed, it shall limit the number of units to 50 serviced by septic systems capable of reducing nitrogen in effluent by 65% or greater. Developer shall complete a topographical survey
prior to site plan submittal.”
      18PZ00120 – Stephen, Jessica Paglialonga request a change of zoning from AU and EU to EU on 1.33 AC, 470 Gail’s Way, 32953 to be able to build a guest house with kitchen.  It was heard and denied by the NMIDSDB on 11/8/18. Will be decided on by the BCC on 12/6/18
All letters/emails re: this request before Tues 12/4/18 – all meetings are open to public.
18PZ00054 – Ronald E. Dimenna/Malcolm Kirshenbaum, Esq. request a change of zoning from AU to EU with BDP on 163.33 AC north of N. Trop Trl., west of N. Courtenay [west and south of Colony Park]  to build up to 163 houses.  Was heard 7/12/18, 6P by the NMIDSDB and Denied; 7/23/18, 3P by the LPA/P&Z board Was Approved; and on

8/2/18, 5P, BCCommissioners Approved for 163 Homes

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18PZ00009 – Carlos Triay/Horizon Title/Kim Rezanka of Cantwell & Goldman PA request a change of zoning on 221.51 AC from AU to PUD (subdivision requested to contain up to 219 residences, about half single-family houses and half townhouses) at the east end of Hall Rd, north by KSC property.   Denied NMIDSDB; conditionally approved LPA limited to 111 houses, no townhouses.     

BCC ACTION of 05/24/18: Barfield/Smith – Approved (Preliminary Development Plan), which consists of 182 single-family lots, including those with 100’x150’, 80’x130’, and 50’x30’ lot size dimensions, and various amenities.. The vote was unanimous.

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18PZ00018 – Bud Crisafulli & Crisafulli Ent.Inc./Kim Rezanka of Cantwell & Goldman PA request a change of zoning on 62.12 AC from AU to  EU with a possible BDP unit limitation for a subdivision, approx. max. 95 homes located north of E. Hall Rd. 2,400′ east of N Courtenay Pkwy.  Denied NMIDSDB.  Heard by the LPA/P&Z board on 5/21/18 and

on 5/24/18 –  BCCommissioners approved with a  BDP limited to 34 single-family lots, and limited ingress/egress to one access point.

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18PZ00022 – Grand Lake Estates, LLC/Kim Rezanka of Cantwell & Goldman PA request a change of zoning on 40.42 AC from RR-1 w/BDP to SR w/new BDP to increase density of currently-platted subdivision to approx. 40 houses max. located N side of Chase Hammock Rd., 6000′ E of N. Courtenay Pkwy.   Denied NMIDADB.  Heard by the LPA/P&Z board on 5/21/18 Motion to approve the change of classification from RR-1 to SR, and an amendment to an existing Binding Development Plan as submitted, with an additional stipulation requiring the Developer/Owner to install higher-functioning septic systems at a minimum of 65% total nitrogen reduction, or per adoption of a septic system ordinance, whichever is more restrictive. The motion passed 7:2 and on

5/24/18 – BCCommissioners approved with a  BDP limited to half-acre lot sizes, a maximum number of 40 lots, and minimum house size not less than 2,300 square feet.

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18PZ00010 – Justin & Lillian Youney requested a change of zoning on 2.64 AC from AU to RR-1 at 1500 D’Albora Rd

to allow 2 residences there. Approved 4/24/18 BCC

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More Recent Zoning requests and results

 

17PZ00140 – Jones/Barrial requested a change of zoning from AU to EU-1 on 0.64 AC

South side of Jones Tr., 560′ W of N. Trop. Trl, to build a residence. Was heard at the 6P 1/11/18 NMIDSDB meeting, 1/22/18 at the LPA meeting then on 2/1/18 BCC meeting – Approved rezoning to SR.

 

IV.B.4. (16PZ00032) – HARVEY’S INDIAN RIVER GROVES, INC. – (Ken Fulmer/Titan Properties) – requests a Small Scale Plan Amendment (16S.04) to change the Future Land Use from Residential 2 and PLNIP to all Residential 2 on 1.57 acres; and a change of classification from SEU and PIP with BDP to EU-2 with amended BDP, on 40 acres, located on the east side of N. Courtenay Pkwy., approx. 0.47 mile north of Smith Rd. (Tax Parcel 265 = 3490 N. Courtenay Pkwy; Tax Parcel 250 = No assigned address. In the Merritt Island area.)

NMI Recommendation: Hillberg/Testa – Denied. Vote was unanimous.
LPA Recommendation: Moia/Barber – Approved. Vote was 6:4, with Minneboo, Aydelotte, Thodey, McLellan voting nay.
P&Z Recommendation: Lawandales/McLellan – Approved with a BDP limited to 56 units. Vote was unanimous.

(The North Merritt Island Special Advisory Board voted unanimously to deny the proposed rezoning and Binding Development Plan (BDP) for the 42 Acre Harvey Grove property just South of Calvary Chapel and behind the business warehouses on the East side of N. Courtney (see attached).  The proposed actions would have increased the density of a planned housing development from 28  one acre properties to 80  units on 0.2 acres.

The reasons stated were: Violation of an existing BDP limiting the density, incompatibility with the character and historical usage of the area, increased traffic, lack of a passthrough and turning/deceleration lanes on SR3, incompatibility with neighboring properties zoned industrial Agricultural and Conservation, Surface water runoff/management, and just that the area does not have the proper facilities for high density development.)

 

IV.B. (17PZ00070) (District 2) Small Scale Plan Amendment (LPA), Re: NC to CC (6.72 acres)
– Gaich/Maun Groves Partnership
LPA Recommendation of 08/21/17: Lawandales/Moia – Approved. The vote was unanimous.
BCC ACTION of 10/05/17: Barfield/Isnardi – Approved as recommended. The vote was
unanimous.
IV.E. (17PZ00005) (District 2) Change of Zoning Classification, Re: SEU to EU -2
– NAJJAD, Inc. (Noel Droor)
LPA Recommendation: Lawandales/Moia – Denied. The vote was unanimous.
BCC ACTION of 10/05/17: Tobia/Isnardi – Approved as EU with a Binding Development Plan,
recorded on November 22, 2017, in ORB 8032, Pages 2265 –
2271, limited to 40 units. The vote was 3:2, with Barfield and Smith voting nay.

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As dates and times may change for Commission rezoning hearings, it may be wise to call the District 2 Commissioner’s office (321.455.1334 – Com. Jim Barfield) to make sure the date and time for the Commission to hear the NMI area item that interests you, has not changed (been rescheduled, etc.) before taking the long ride south.

If you wish to speak regarding any item, please fill out a pink card prior to your item of interest being addressed by the BoCC.

If you are unable to attend a meeting that addresses your topic, writing, emailing (find all 5 Commissioners’ email addresses in the “Contacts and Recommended Action” in the Zoning section of this website) or a phone message relating your opinions regarding an item, is very helpful to the Commissioners in making important decisions about our area.

 

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Feb. 27, 2018:

In case you were unaware, there are many plans for cruise parking lots in our area.  The latest is a 700 space lot off of Smith Road on the barge canal.

 Currently anyone with a BU-1, BU-2  PBP, PIP, IU-1 or IU-2 can put a cruise parking lot on the property (administrative approval) without any community input or requirements such as traffic study, setbacks, surface water plan, etc.   Another concern is that these parking lots will not generate significant public revenue to offset impacts to the local area and decreasing adjacent property values.
Please see the attached notice of the proposed commercial overnight parking ordnance by Jim Barfield. This proposal will allow those zonings to have cruise parking, but as a Conditional Use Permit (CUP), which will require those items and allow community input.   This does not infringe on property owners rights to utilize their property as a parking lot, but does require they go through appropriate review and provide for community input.
This proposed ordnance will go before the County Commission on the March 1 meeting at 5 pm in Viera.  It would be helpful if representatives in our community would attend and support this important ordnance.    It is not safe to assume that since the other District Commissioners are not affected by this ordnance that they would support our District, which will see the brunt of the impacts if this is not approved.
Thank you.
Christopher A. Cook, CEM

IV.B.4. – ERIC & AMANDA OBLOY – 

Request Denied At The Thursday, August 3, 2017 5:00pm, BOCC Zoning meeting.

17PZ00045 – Eric & Amanda Obloy/Dolphin Paradise Tours

request to rezone 1.05 acre (their driveway) from SR (Suburban Residential) to AU (Agricultural Residential), on 1.05 acres, located east of N. Courtenay Pkwy., at the terminus of Gator Dr., and Dundee Dr. (165 Gator Dr., Merritt Island) to unify zoning with other 24.85 AC adjoining AU property. Was heard on May 11 by the NMI DSD – Recommendation: Lindhorst/Ratterman – Denied. Vote was unanimous.

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 17PZ00072 Crisafulli Enterprises, Inc.

Request Approved At The Thursday, August 3, 2017 5:00pm, BOCC Zoning meeting.

(Bud Crisafulli) requested a change of classification from BU-1 and AU to RA-2-4 limited to 48 units in a Binding Development
Plan (BDP) 11 blocks of townhouses on 12.85 AC located on the SE corner of Porcher Rd. and N. Courtenay Pkwy. Request not supported by the NMIHOA 7/3/17 or the NMIDSD on 7/13/17 due to high density, inconsistency with surrounding neighborhood character, and wetlands impacts.

All rezoning requests can be viewed online approx. 2 weeks prior to their hearings at: http://www.brevardcounty.us/PlanningDev/Boards/NMISpecialDistrict   under Agendas.

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 17PZ-00006 – Lauer/Nelson (Nelson Engineering)

Requested to rezone 8 acres from IN(L)to BU-1-A for proposed conversion to office use, 200 ft. S of Church Rd. on west side of N. Courtenay Pkwy (currently Grace Lutheran church).

This request was heard on Thurs., Mar. 9 at 6 p.m., by the North M.I. Dependent Special District Board at the M.I. Service Complex, 2nd floor, 2575 N. Courtenay Pkwy., then again by the Board of County Commissioners on April 6 at 5 p.m. at the Brevard Government Center, Bldg. C, 2725 Judge Fran Jamieson Way, Viera.

16PZ-00082 – Gerald Crayton, trustee/ Antron Cotman –

Requested a removal of Binding Development Plan on three properties zoned BU-1 and BU-2 at 625 N. Courtenay Pkwy.

This request was heard by the County Commissioners on Feb. 2 at 5 p.m. at the Viera Government Center, Bldg. C, 2725 Judge Fran Jamieson Way, Viera FL 32940

 Older Zoning/Land Use Requests  – Click for other older requests.

Narrative Explanation of Citizen Options

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