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Real Estate
Andrew David Easler, Esq. Published October 22, 2026

Melbourne City Council Ordinances 2026-36 to 2026-41: The Pines PUD Annexation and Rezoning on October 27


The Melbourne City Council will hold a first reading and public hearing on Ordinances 2026-36 through 2026-41 on Tuesday, October 27, 2026. The meeting starts at 6:30 p.m. in the City Hall Council Chamber. It is item 14 on the agenda. The six ordinances cover The Pines PUD, a planned subdivision of 811 single-family lots east of the St. Johns Heritage Parkway. Together they would annex two parcels into the city, amend the city's future land use map, and rezone the project land to Planned Unit Development (PUD). A preliminary development plan, a development agreement, and a tri-party sewer agreement are listed under the same agenda item for action at the second reading.

What the Six Ordinances Would Do

The agenda describes the project land as undeveloped property south of the Melbourne Tillman C-63 canal and west of the end of the Norfolk Parkway right-of-way. The owners named on the agenda are D.R. Horton, Inc., the F Carlyle Platt Family Limited Partnership, and Charles Crawford of Errorhead, Inc. City staff describe three parcels. Two are in unincorporated Brevard County. The third, the Platt parcel, is already inside the city.

  • Ordinance 2026-36 would annex the 120.65-acre Crawford parcel.

  • Ordinance 2026-37 would annex the D.R. Horton parcel, which the agenda lists at 5.97 acres.

  • Ordinance 2026-38 is a major comprehensive plan amendment. It would set a Low Density Residential future land use on the 120.65 acres.

  • Ordinance 2026-39 is a minor comprehensive plan amendment. The agenda says it would set a Mixed Use future land use on the 5.97 acres.

  • Ordinance 2026-40 would set PUD zoning on the 120.65 acres.

  • Ordinance 2026-41 would set PUD zoning on the 5.97 acres. It would also change the Platt parcel, which the agenda lists at 298.2 acres, from AEU (Agricultural Estate Use) zoning to PUD.

The staff memo says the plan calls for 811 single-family lots in four phases at an overall density of 1.9 units per acre. Lots would measure 50 by 120 feet or 60 by 120 feet. The plan shows a 25-foot buffer around the edge of the site. It also shows a 3.64-acre amenity tract with a 6,975-square-foot amenity building, a pool, a tot lot, four pickleball courts, and a school bus stop. The memo states that the plan proposes no connections to local roads, including Ranch Road. Traffic would use Norfolk Parkway.

Florida Law on Annexation, Plan Changes, and Development Agreements

Both annexations are voluntary petitions under Section 171.044, Florida Statutes. That law lets owners of land that is contiguous to a city and reasonably compact ask to join it. Notice must be published once a week for two weeks in a row before the ordinance passes. The law also bars a voluntary annexation that would create an enclave. Staff state that the Crawford annexation would reduce an existing unincorporated enclave and the D.R. Horton annexation would eliminate one. The owners asked to annex so the project could receive city water. Both annexation ordinances list an effective date of December 7, 2026. Staff state that both parcels would be in Council District 5.

The Low Density Residential change is larger than the 50-acre limit for small scale amendments in Section 163.3187, Florida Statutes. It follows the expedited state review process in Section 163.3184. The Council approved sending it to FloridaCommerce for review on March 24, 2026, through Resolution No. 4412. Staff report that FloridaCommerce and other state agencies had no comments or objections. Under Section 163.3184, an adopted amendment of this type does not take effect until 31 days after the state land planning agency notifies the city that the amendment package is complete. Low Density Residential allows up to six units per acre. Staff put the planned density on the Crawford parcel at 2.27 units per acre.

The development agreement cites the Florida Local Government Development Agreement Act, which begins at Section 163.3220. Section 163.3225 requires at least two public hearings before a local government enters into such an agreement. The planning agency may hold one of them. The draft agreement describes an eight-year term and ties certificates of occupancy to road work. A two-lane road to the existing east end of Norfolk Parkway must be built before the first certificate of occupancy. Work on the Norfolk Parkway intersections at Shallow Creek Boulevard and at Minton Road in West Melbourne must be done before the 300th. A two-lane road west to the St. Johns Heritage Parkway, with a traffic signal, must be done before the 715th. Melbourne would supply water. The City of West Melbourne would provide sewer service under the tri-party agreement, which cites Sections 163.01 and 180.06, Florida Statutes.

Planning Board Votes and Concerns From Nearby Residents

The Planning and Zoning Board first reviewed the Crawford annexation and plan amendment on March 5, 2026. It voted 4 to 3 to recommend approval. Residents of the National Police Home Foundation subdivision to the north raised concerns about any access on Ranch Road. A petition against the plan amendment was submitted on March 12, 2026. Staff report that it was signed by 13 owners holding 7.16 percent of the land within 500 feet. That is below the 20 percent threshold, so a six-sevenths Council vote is not required for the plan amendment.

The board took up the rest of the project on October 1, 2026. It voted unanimously to approve the 5.97-acre annexation and the minor plan amendment. It voted 4 to 1 to approve both zoning changes. It voted 3 to 2 to deny the preliminary development plan and the development agreement, citing safety concerns for residents and a lack of adequate ingress and egress. Staff report that speakers opposed the plan over traffic safety, congestion, and access. Board members cited the traffic study, communication with residents, the timing of the Norfolk Parkway extension, and traffic on Minton Road. The traffic study estimates about 7,346 new vehicle trips.

After that meeting, a property owner within 500 feet filed a valid notice of intent to petition against the zoning changes. Staff state that if more than 20 percent of owners within 500 feet sign, a six-sevenths Council vote will be required at the second reading of the zoning ordinance. City staff recommend approval of all nine items.

Hearing Process and Next Steps

The October 27 hearing is the first reading of all six ordinances. Ordinances 2026-38 and 2026-39 list a second Council hearing on November 10, 2026. The preliminary development plan, the development agreement, and the tri-party sewer agreement are set for action at the second reading. The staff memo, ordinance texts, and draft agreements for the item are posted on the city's CivicClerk portal. Persons with disabilities who need special accommodation to take part should contact the City Clerk's Office at 321-608-7220 at least 48 hours before the meeting.

The meeting is Tuesday, October 27 at 6:30 p.m. at City Hall Council Chamber, 900 E. Strawbridge Avenue, Melbourne.

This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.

References

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