Brevard County Commission Case 26Z00035: Pine Avenue Rezoning to Agricultural Residential on November 5

The Brevard County Board of County Commissioners will hold a public hearing on zoning case 26Z00035 at its zoning meeting on Thursday, November 5, 2026, at 5:00 p.m. Donald S. Minnick and Norman D. White request a change from RU-1-13 (Single-Family Residential) to AU (Agricultural Residential) with a Binding Development Plan (BDP). The property is 12.03 acres on the east side of Pine Avenue, 388 feet north of Black Gum Drive, in District 1. The BDP would limit the land to two flag lots for two single-family homes. The Planning and Zoning Board voted unanimously on October 12 to recommend approval, according to its draft minutes.

The Request on Pine Avenue

The county lists the item as File No. 9245. It covers Tax Account 2103946, Parcel ID 21-35-18-00-252.

The staff comments say the parcel took its current size between August 1983 and October 1987, when the abutting parcels to the west along Pine Avenue were split off. The parcel appears to have been laid out for a future subdivision with an entrance road to Pine Avenue. On February 5, 2008, the Board approved a waiver (08WV-00024) of the 15-foot buffer tract requirement at the entrance for a subdivision.

The parcel has direct access to Pine Avenue, a county-maintained road. Staff reports no current code enforcement complaints on the property.

The Binding Development Plan and Two Flag Lots

AU zoning calls for lots of 2.5 acres with a minimum width and depth of 150 feet. Staff states that the property does not meet the minimum lot width for AU. For that reason, the applicants propose to split the parcel into two flag lot parcels under a BDP. Staff notes that the parcel has the potential for three parcels with AU zoning. Staff also notes that the applicants have not included a survey of the proposed flag lot layout.

The draft BDP is a county form with handwritten entries. It says the owners want to develop the property as "2 Flag lots" under Section 62-1157 of the Brevard County Code. It limits density to 2 units for the total acreage. It limits ingress and egress to "2 Flag Stems."

The form states that the plan runs with the property and binds any successor in interest. It provides no vested rights against changes to the Comprehensive Plan or land development regulations. A violation of the plan is a violation of the zoning classification. The plan becomes null and void if the property is annexed into a municipality and rezoned.

What RU-1-13 and AU Allow

Staff describes RU-1-13 as a district for single-family homes of spacious character on lots of at least 7,500 square feet, with minimum widths and depths of 75 feet. The minimum house size is 1,300 square feet. RU-1-13 does not permit horses, barns or horticulture.

AU covers agricultural pursuits and single-family homes of spacious character on 2.5-acre lots. The minimum house size is 750 square feet. AU also permits the raising and grazing of animals and fowl, beekeeping, plant nurseries, and the packing and processing of commodities raised on site. Conditional uses in AU include roadside stands, hog farms, zoological parks, and land alteration.

For concurrency analysis only, staff lists the zoning potential at 45 units under RU-1-13 and 2 units under the request. Staff finds that AU can be considered consistent with the property's Residential 2 (RES 2) future land use designation. RES 2 permits up to two units per acre.

Staff Review of Traffic and Natural Resources

The preliminary concurrency review uses State Road 46 between I-95 and U.S. Highway 1. That segment has a Maximum Acceptable Volume of 11,200 trips per day and a Level of Service of D. It now operates at 123.08 percent of capacity. The maximum potential under AU would add about 0.18 percent, for about 123.26 percent. Staff states that approval of the rezoning is not concurrency approval for later development permits. The applicant is on notice that future building permit issuance may be hindered.

The Natural Resources Management Department lists mapped wetlands, aquifer recharge soils, floodplain, protected and specimen trees, and protected species. Wetlands are likely present on the eastern part of the property. A wetland delineation is required before any land clearing, site plan design or building permit submittal. The western part has Candler fine sand, an aquifer recharge soil subject to impervious area limits. The southeast corner is in FEMA Special Flood Hazard Area A.

What the Staff Comments Say for Neighbors and Owners

Eight parcels of 1 to 1.06 acres with homes abut the property to the north, zoned RR-1. To the south are a 2.23-acre vacant parcel and six 0.38-acre home lots zoned RU-1-13. To the east are two 4.78-acre vacant parcels zoned AU. To the west along Pine Avenue are five home lots of 0.28 to 0.35 acres zoned RU-1-13.

Staff states that AU uses may generate noise, odor, traffic, or site activity different from conventional single-family homes. Staff also notes that AU zoning abuts the property to the east and that RR-1 to the north permits certain agricultural activities as accessory uses. Future development would be subject to the county's performance standards in Sections 62-2251 through 62-2272. Staff states that only a certified MAI appraisal can determine whether a request causes a material reduction in the value of abutting land. Staff found that the property is in an existing single-family residential area that is not transitional.

For the owners, staff states that the proposed lots will be subject to concurrency requirements before development. Any permitted wetland impacts must meet county rules, including no net loss mitigation in Brevard County.

The Planning and Zoning Board Vote and the November 5 Hearing

The Planning and Zoning Board heard the item on October 12, 2026. The draft minutes state that Mr. Minnick told the board he wants to split the 12-acre parcel into two parcels. He said it would be two single-family homes and that they would be allowed to have chickens and a bigger barn. There was no public comment. Ron Bartcher moved to recommend approval with a BDP restricting the use to two single-family homes. Robert Jordan seconded the motion, and it passed unanimously.

The county's Administrative Policies attachment quotes Section 62-1151(c) of the county code. It directs the Planning and Zoning Board to base its recommendation on five factors. These include the character of surrounding land use, changes in conditions, impacts on traffic and public facilities, compatibility with land use plans, and the public health, safety and welfare. The attachment states that these policies and the staff analysis become part of the record of every quasi-judicial review application, including rezonings.

The staff comments do not state a recommendation. They ask the Board to evaluate compatibility under Administrative Policies 2 through 8 of the Future Land Use Element.

The staff comments state that the Board may wish to consider if the request is consistent and compatible with the surrounding area. The County Commission will hear case 26Z00035 on Thursday, November 5, 2026, at 5:00 p.m., Commission Chambers, Building C, 2725 Judge Fran Jamieson Way, Viera.