Zoning / Land Use Requests

 Latest rezoning request – 

  21Z00028 – zoning change from AU (agricultural residental) and RR-1 (rural residential), currently allowing approx. 61 houses, 
 to PUD (Planned Unit Development),  
    by Bud Crisafulli/782 LLC, and Charles Genoni, Tanya Ludzieski/FlorDevCo.,  to create a large housing development on 142.11 AC; the FLU Res 1 = 1 unit/AC will allow a max of 142 houses.  
  Current entrances located 1.) on E. Crisafulli Rd. at N end of S-curve just E of 770 E. Crisafulli Rd. at farm gate, and 2.) on E. Crisafulli Rd. between 920 and 1100 E. Crisafulli Rd.  
  Request will be heard by the NMIDSD board Oct. 14, 2021 at 6P at the Merritt Island Service Complex, 2575 N. Courtenay Pkwy. 32953, by the LPA board Oct 25, 2021 at 3P, and decided by the BCC Nov 4, 2021 at 5P, both  at the Brevard County Government Center, Bldg. C, 2725 Judge Fran Jamieson Way, Viera FL 32940.

*New 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 6PM 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.

Recent Zoning requests and results

21Z00006 – zoning change request from AU (agricultural residential) to BU-2/business use 2, and 
21PZ00018 – FLU change from AU/agricultural to NC/neighborhood commercial,
by Patricia Garagozlo/Kat- Cam  LLC, on a .59 AC undeveloped lot, (W side of N. Courtenay Pkwy. approx 1,350 feet/.25 m S of Hall Rd./.approx. 0.1 mile N of Gator Dr.) to allow all BU-2 commercial uses there.
  NMIDSD board voted BU-1/CC
  LPA board voted CC
  Final decision 5/27/21 by the BCC was east half of lot (abutting Courtenay) rezoned BU-1/NC and west half of lot (abutting Mitchell Ellington Park) rezoned BU-2/CC
21Z00009 – zoning change request from BU-1(business use 1) to BU-2 (business use 2) by Ezequiel Pena/Cooltural Land, LLC & Thomas Jones/Possum Corner LLC, on 1.02 AC, (E side of N. Courtenay Pkwy. approx 700 feet S of Crisafulli  Rd.(W of 5815 and 5805 Eagle Way) to allow all BU-2 commercial uses there.
  NMIDSD board voted to deny/keep BU-1.
  Commissioners voted to approve BU-2 with a BDP/binding development plan (can be changed in future) requiring a 20′ vegetative buffer, a 25′ no use/building buffer & opaque fence, & allowing only the following uses: 
administrative/executive/editorial offices; antique shops; art goods/bric-a-brac shops; artists’ studios; bait and tackle shop; bakery sales/premises baking permitted; banks/financial institutions; barbershops/beauty parlors; bicycle sales/service; bookstores; ceramics/pottery, finishing and sales/production and firing; civic/philanthropic/fraternal organizations; confectionary/ice cream stores; curio shops; display/sales rooms; dog/pet hospitals/grooming; drug/sundry stores; electrical appliance/lighting fixtures; employment agencies; feed/hay for animals/stock; florist shops; fruit stores/premises packing; furniture stores; gift shops; glass installation; grocery stores; hardware stores; hat cleaning/blocking; hobby shops; interior decorating/costuming/draperies; jewelry stores; laboratories; lawn mower sales; leather good stores; luggage shops; mail order offices; millinery stores; music/radio/TV shops/repairs; newsstands; non-overnight commercial parking; optical stores; paint/wallpaper stores; parks/public recreational facilities; photograph galleries/studios; plant nurseries; plumbing/electrical shops; post offices; printing services; professional offices/buildings; restaurants; schools for business training/private/parochial; ship chandlery; shoe stores/repair shops; single-family residence; soft drink stands; souvenir stores; stationary stores/bookstores; tailor shops; tearooms; telephone/telegraph stations/exchanges; testing laboratories; ticket offices/waiting rooms for common carriers; upholstery shops; wearing apparel stores; wholesale salesroom/storage rooms; worship, places of.   Conditionally permitted uses – automobile sales/storage; boat sales/service; building materials/supplies; cabinetmaking/carpentry; contractors’ offices/plants/storage yards; mini-warehouses; minor automobile repairs; mobile home/travel trailer sales/outside sale of mobile homes; outdoor restaurant seating; preexisting use; security mobile home; warehouses.
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
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
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.





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.