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Real Estate
Andrew David Easler, Esq. Published October 29, 2026

Palm Bay Planning and Zoning Board Case FD23-00013: Three Forks Mixed Use Final Development Plan on November 4


The Palm Bay Planning and Zoning Board, sitting as the Local Planning Agency, will hold a quasi-judicial hearing on Case FD23-00013 on Wednesday, November 4, 2026, at 6:00 p.m. The case asks for approval of a final development plan for Three Forks Mixed Use, a Regional Activity Center on about 124 acres at Malabar Road SW and St. Johns Heritage Parkway NW. The plan shows 376 single-family homes, 288 apartments, a 119-space RV park and about 50,000 square feet of commercial space. City staff recommends approval with conditions.

The Request and the Property

The agenda lists Anthony Masone, Manager, Parkside Commons Center, LLC and West 80 Acres, LLC as the applicant. Jake Wise, P.E., of Construction Engineering Group, LLC and Kim Rezanka, Esq., of Lacey Rezanka are listed as representatives. The property covers Parcel IDs 29-36-04-25-*-1 and 29-36-04-00-250. It lies south of and next to Malabar Road SW, east of St. Johns Heritage Parkway NW and west of Melbourne-Tillman Water Control District Canal 8.

The staff report describes the land as vacant. It lists the current zoning as AU and SR under Brevard County, with a future land use of Regional Activity Center. The land was annexed into Palm Bay in 2022. City Council approved Ordinance 2022-101 on October 20, 2022. That ordinance gave the land tentative Regional Activity Center zoning and approved a preliminary development plan.

Staff states that the application was filed before the city adopted its updated Land Development Code. For that reason, staff reviewed it under the former code. Under Section 185.056 of the former code, development in a Regional Activity Center moves forward through one or more final development plans.

What the Final Development Plan Shows

The plan uses single-family lots 40 and 50 feet wide. Multifamily lots are 15,329 square feet. Minimum setbacks for single-family homes are 25 feet in front, 15 feet on a corner side, 5 feet on a side and 20 feet in the rear. The applicant asked for up to four stories for the multifamily and commercial tracts.

The commercial area has a list of permitted and prohibited uses. Permitted uses include retail stores, restaurants, professional offices, personal services, grocery stores, educational services and recreational businesses. Prohibited uses include vape shops, heavy industrial uses, pawn shops and automotive dealerships.

The plan splits the work into five phases, named IA, IB, IC, ID and II. The applicant's schedule starts the first homes, the RV park, infrastructure and road work in December 2026. Later phases run through 2029. The apartments are listed in Phase II, from September 2028 to December 2029. Staff notes that the phases are subject to change based on market conditions.

Traffic, Access and the Parkway Extension

Access would come from Malabar Road and a future extension of St. Johns Heritage Parkway. The plan shows two full-access driveways and one right-in/right-out driveway on Malabar Road. According to the staff report, the applicant has committed to building the parkway extension south from Malabar Road to the project's full-access driveway.

A traffic memorandum dated July 28, 2026, from LTG, Inc. estimates about 8,116 daily trips. It projects 467 trips in the morning peak hour and 563 in the evening peak hour. Staff reports that this is fewer trips than the earlier Traffic Impact Analysis. Staff also states that the change does not alter the off-site road improvements or proportionate share obligations already identified for the project.

The memorandum expects the intersection of the parkway and Malabar Road to operate outside the adopted level of service at build-out. It recommends a second southbound left-turn lane, a dedicated northbound right-turn lane, a lagging southbound left-turn phase and updated signal timing. It also calls for 180-foot westbound left-turn lanes at the Malabar Road driveways across from Snapdragon Drive and Championship Circle.

Open Space, Schools and Environmental Review

The former code required 37.37 acres of open space. The plan provides 31.99 acres. Staff states that the city agreed to the lower figure because of the public trail system in the plan, which connects to Fred Poppe Regional Park. Other amenities include clubhouses, pools, playgrounds, pickleball courts and dog parks.

The School Board of Brevard County issued School Capacity Availability Determination Letter No. 2026-11 on May 21, 2026. It estimates 214 students, made up of 122 elementary, 32 middle and 60 high school students. The letter states that Central Middle School and Heritage High School are projected to have enough capacity. It states that Jupiter Elementary School is not, so the district looked at capacity in nearby elementary school zones.

Staff reports surveys for protected species, including the wood stork, crested caracara and gopher tortoise. Gopher tortoise relocation will need a Florida Fish and Wildlife Conservation Commission permit and an after-action report. A final gopher tortoise survey, dated within 90 days of submittal, is required before construction starts.

Staff Recommendation and Conditions

Staff recommends approval with conditions. It found the plan consistent with the approved preliminary development plan and with the review criteria of Section 185.056 of the former Land Development Code. The first condition requires the owner to enter into a Development Agreement with the city. That agreement would address phasing, permitted uses and off-site transportation improvements.

The second condition requires revisions to the plan uploaded on August 27, 2026. A new note must state that the RV park "shall meet or exceed standards in § 174.045 Recreational Vehicle Parks." Multifamily and commercial buildings would be limited to four stories or 70 feet. Single-family homes would be limited to 35 feet. The plan must also add architectural standards and relabel the parkway extension on one drawing from "Phase II" to "Phase IC."

Neighbor Comments and the Hearing Process

The applicant held a citizen participation meeting on August 7, 2023, at the Holiday Inn Express and Suites, 1206 Malabar Road SE. The report lists questions about RV traffic, crosswalks across Malabar Road, apartment height and future commercial tenants. The applicant answered that the apartments would be no more than four stories. It also said RV exit traffic could use the easternmost entrance.

The agenda states that a person seeking party status must give the city clerk written notice. The notice must list the person's name, address and phone number. It must explain how the person qualifies and state whether the person favors or opposes the request. The agenda cites Section 59.03 of the Palm Bay Code of Ordinances for this rule.

Under Section 286.0105, Florida Statutes, a person who appeals a board decision will need a record of the proceedings and may need to ensure that a verbatim record is made. The agenda asks persons who need accommodations under the Americans with Disabilities Act to contact the Land Development Division at (321) 733-3042 or Florida Relay 711 at least 48 hours before the meeting.

The city's legal notice states that City Council will hear the request on Thursday, November 5, 2026, at 6:00 p.m. in City Hall Council Chambers. The notice also states that the requests may be inspected at the Land Development Division during weekday office hours. The Planning and Zoning Board meets Wednesday, November 4, 2026, at 6:00 p.m. in City Hall Council Chambers, 120 Malabar Road SE, Palm Bay.

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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