North Merritt Island Dependent Special District Board Cases 26SS00011 and 26Z00040: 160 Grant Road Rezoning to Suburban Residential on November 12

The North Merritt Island Dependent Special District Board will hold public hearings on two companion requests on Thursday, November 12, 2026, at 6:00 p.m. on Merritt Island. Case 26SS00011 is small scale plan amendment 26S.11. It would change the future land use of a 1.58-acre parcel at 160 Grant Road from Planned Industrial (PI) to Residential 4 (RES 4). Case 26Z00040 would rezone the same parcel from PIP (Planned Industrial Park) to SR (Suburban Residential). The parcel is on the north side of Grant Road, about 469 feet west of North Courtenay Parkway, in District 2. County staff reports list later hearings before the Planning and Zoning Board on November 16, 2026, and the Board of County Commissioners on December 10, 2026.

What the Owners Are Asking For

The owners and applicants are Jacob and Sierra Rosenthal. Staff states that they bought the property on February 17, 2026. A single-family home built in 1968 sits on the parcel, according to the Property Appraiser data cited by staff.

The stated purpose of both requests is to build an accessory building under less strict setback rules. The staff reports compare the two zoning classifications this way.

• Current PIP zoning requires a side setback of 50 feet and a rear setback of 25 feet.

• SR zoning allows side and rear setbacks of 10 feet.

Staff states that the SR setbacks would also match the standards that apply to the homes to the west.

Why Two Cases Are Needed

The SR zoning the owners want is not consistent with the current PI land use designation. Staff states that SR would be consistent with the RES 4 designation requested in the companion amendment. The two requests were filed as companion applications.

The PI designation dates to the adoption of the county's Comprehensive Plan on September 8, 1988. The parcel was rezoned to PIP by an administrative action on May 6, 1999.

Under the plan, RES 4 permits up to four units per acre. Staff states that RES 4 may be considered for land next to existing RES 4 land, and the parcel borders RES 4 land on its west side. Staff also notes a plan policy that planned industrial park sites must include at least three acres. If this parcel is removed, about 23.39 acres of connected PI land would remain.

The Site and Its Surroundings

The staff reports describe the land around the parcel as follows.

• North: an undeveloped 5.91-acre parcel with PI land use and PIP zoning.

• South: Grant Road, and across the street two homes on 0.24-acre and 0.32-acre lots with RES 4 land use and RU-2-10(4) zoning.

• East: a 3.13-acre property with a home and an auto repair business, with PI land use and PIP zoning.

• West: a 0.74-acre property with a home, with RES 4 land use and SR zoning.

Staff states that RES 4 is the main land use designation within half a mile of the parcel. Staff found no land use amendments or rezoning requests within that half mile in the past three years. Staff also found no new development there in that time.

Staff describes SR as a zoning class for single-family homes on lots of at least half an acre.

Staff Findings

The staff comments do not include a recommendation of approval or denial. They do include several findings.

• Staff states that RES 4 and SR would not diminish the enjoyment, safety or quality of life in the existing neighborhood.

• Staff states that the request is not expected to have a measurable effect on trip generation or parking, and no commercial or industrial activity is proposed.

• The nearest road segment, North Courtenay Parkway from the Highway 528 north ramps to Hall Road, operates at 66.48 percent of its daily capacity. Staff projects 66.55 percent with the change.

Natural Resources Management staff notes that part of the parcel has soils that may indicate wetlands or aquifer recharge. A wetland review may be required before land clearing or a building permit. County code bars accessory structures in wetlands. The site is also in a mapped Florida scrub jay habitat area, and gopher tortoises may be present. Staff states that this is a preliminary review based on maps and does not include a site inspection.

Live Local Act Context

The zoning staff report compares the development potential of the two zoning classes. For concurrency purposes, staff lists 47 possible residential units under the current PIP zoning and 3 under SR. Staff states that the PIP figure is based on 30 units per acre under the Live Local Act.

Section 125.01055(7), Florida Statutes, generally requires a county to allow multifamily and mixed-use residential uses in areas zoned for commercial, industrial or mixed use. This applies if at least 40 percent of the units in a proposed multifamily development are rental units that stay affordable for at least 30 years. Staff states that in unincorporated Brevard County, the law in effect allows up to 30 units per acre. Staff states that the proposed rezoning would remove the possibility of a Live Local Act development on this parcel.

How Small Scale Amendments Work

Section 163.3187, Florida Statutes, sets the process for small scale plan amendments. Among other conditions, the amendment must involve 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.

For rezonings, Section 62-1151(c) of the county code directs the Planning and Zoning Board to recommend approval or denial to the Board of County Commissioners.

Who May Be Affected and What It May Mean for Them

The owners are directly affected. Staff states that SR would bring the zoning into alignment with the existing residential use. Neighbors on Grant Road and owners of the nearby PIP parcels may wish to read the staff reports. Staff states that the change would remove the Live Local Act option for this parcel. It would also reduce the listed development potential from 47 units to 3.

Hearing Process and Next Steps

The agenda lists both cases under Public Hearings as items H.1 and H.2. The agenda also includes a public comment period. Natural Resources Management staff sheets list this meeting as an advisory hearing. Both cases are also on the Planning and Zoning Board agenda for November 16, 2026, as items H.4 and H.5. Staff reports list the County Commission hearing 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 with the Comprehensive Plan and compatible with the surrounding area trends. The board meets Thursday, November 12, 2026, at 6:00 p.m. at the Merritt Island Service Complex, 2575 N. Courtenay Pkwy., second floor, Merritt Island.