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Real Estate
Andrew David Easler, Esq. Published November 2, 2026

Brevard County Planning and Zoning Board Cases 26SS00010 and 26Z00037: Columbia Boulevard Commercial Rezoning on November 16


The Brevard County Planning and Zoning Board, sitting as the Local Planning Agency, will hold public hearings on two companion requests on Monday, November 16, 2026, at 3:00 p.m. in Viera. Case 26SS00010 is small scale plan amendment 26S.10. It would change the future land use of 31.96 acres from Planned Industrial (PI) and Residential 15 (RES 15) to Community Commercial (CC). Case 26Z00037 would rezone the same acreage from PIP (Planned Industrial Park) and RU-2-10(5) (Medium-Density Multiple-Family Residential) to BU-1 (General Retail Commercial). The land is part of a 75.30-acre parcel on the north side of Columbia Boulevard (SR 405) in District 1. Neither vote is final. County staff comments list a Board of County Commissioners hearing on both cases on December 10, 2026.

What Is Proposed on Columbia Boulevard

The owners are listed as the Bernard B Burklund Jr Revocable Trust, the Francis Kay Burklund Revocable Trust and Janis Lucas. Blair Knighting of Kimley-Horn & Associates, Inc. is listed as the agent.

According to the staff comments, the applicant has stated an intent to develop the full 75.30-acre site as a mixed-use project. If the BU-1 portion is approved, the project is expected to include the following.

  • A retail shopping center.

  • A 143-room hotel, if it is found to be feasible.

  • A 320-unit multi-family development.

Staff states that single-family detached or attached homes are proposed on the remaining RU-2-10(5) portion. The applicant has also stated that the eastern PIP portion will stay untouched as wetlands and act as a buffer. Staff notes that the applicant has not provided a concept plan.

The Site and Its Current Designations

The property sits between Challenger Memorial Parkway (SR 407) and Barna Avenue. It is undeveloped. Staff states that the PI and RES 15 land use designations have been in place since September 1988, when the county first set up its plan.

Six home sites zoned RR-1 lie to the north. To the east are three undeveloped homeowners' association common areas in the City of Titusville. Vacant city parcels lie to the south across Columbia Boulevard. West across Barna Avenue are a 5.06-acre undeveloped BU-1 parcel and three RR-1 parcels.

Staff states that BU-1 is not consistent with the PI designation. The companion amendment asks for CC so that the zoning and land use would match, if approved.

Staff Findings on Size and Location

Future Land Use Policy 2.8 sets location rules for Community Commercial land. Clusters over ten acres must be at a principal arterial and principal arterial intersection. Staff states that Columbia Boulevard and Challenger Memorial Parkway meet that test, while Barna Avenue is a major urban collector. The site is near that intersection but does not sit on the corner. Staff states that the Board may find the site close enough to meet the policy.

Policy 2.8(B) says clusters should not exceed 40 acres at an intersection. Staff states the request would create a cluster of about 48.06 acres. That is about 8.06 acres over the limit. Under the plan, the word should means action is required unless one of four exceptions is clearly shown. Staff states that the Board must decide whether an exception applies.

Staff suggests that the parties may consider a Binding Development Plan with the rezoning. It would bar the commercial and multi-family portions from using Barna Avenue for access. Barna Avenue access would be limited to the future single-family area. Because no PUD zoning is requested, staff states that gross floor area may not exceed 400,000 square feet. The floor area ratio would be up to 1.00.

Drainage, Wetlands and Traffic

Public Works has identified possible stormwater and flooding concerns. Staff states that about 89 percent of the property appears to be low-lying. The site appears to hold an isolated floodplain that takes runoff from nearby subdivisions and businesses. Staff states that development could increase flooding on neighboring land if stormwater impacts are not adequately addressed.

A wetland map by Bio-Tech Consulting, dated July 14, 2026, shows about 42.49 acres of wetlands on the 75.30-acre site. About half the property is in FEMA Special Flood Hazard Area A. The site is in a large area of mapped Florida scrub jay habitat, and gopher tortoises may be present. Wetland impacts that need a Public Interest Determination would require a return to the County Commission. Staff states that current information does not show the land cannot be developed under county rules.

The Columbia Boulevard road segment now operates at 54.77 percent of its maximum acceptable volume. Staff projects about 77.15 percent with the proposed uses. A nearby segment of Challenger Memorial Parkway runs at about 83.24 percent. Staff states that the added traffic may cause it to approach or exceed its limit, depending on trip patterns.

Legal Framework

Section 62-1151(c) of the county code directs the Planning and Zoning Board to recommend approval or denial of a rezoning based on five factors. The factors include traffic impacts and the public health, safety and welfare.

Section 163.3187, Florida Statutes, sets the process for small scale plan amendments. Among other conditions, the amendment involves a use of 50 acres or fewer. It needs only one public hearing before the governing board, which is the adoption hearing. An affected person may file a challenge within 30 days after adoption. A small scale amendment may not take effect until 31 days after adoption.

Staff also cites the Live Local Act, Section 125.01055, Florida Statutes. That law generally requires a county to allow multi-family housing in commercial areas when at least 40 percent of the residential units are rental units that are affordable for at least 30 years. Staff states that BU-1 on 31.96 acres would allow either commercial use at a floor area ratio of 1.00 or, subject to county rules, up to 958 multi-family units.

Who May Be Affected and What It May Mean for Them

The owners and applicant are directly affected by the board's recommendation. Owners of the homes north of the site and west across Barna Avenue may wish to read the staff comments, given the stormwater, traffic and access findings. Staff states that the proposed zoning would be the first commercial rezoning approved in the area in at least the past five years. Staff states that only a certified MAI appraisal can determine if nearby property values would drop by five percent or more.

Hearing Process and Next Steps

The staff comments do not include a recommendation of approval or denial. For the rezoning, the county code directs the board to recommend approval or denial to the Board of County Commissioners. Staff comments list the County Commission hearing on both cases for December 10, 2026.

The agenda states that persons who need special accommodations or an interpreter should notify the Planning and Development Department at (321) 633-2069 at least 48 hours before the meeting.

Staff states that the Board may wish to consider whether the request is consistent and compatible with the surrounding area. The Planning and Zoning Board meets Monday, November 16, 2026, at 3:00 p.m., Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera.

This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. A licensed attorney in the relevant jurisdiction should be consulted for advice tailored to specific circumstances.

References

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