Developer asks council to schedule appeal over affordable-housing requirements

An attorney for a proposed 118‑unit affordable housing development asked the Palm Bay City Council on May 15 to set a hearing on an administrative appeal she filed April 22, saying the project is stalled by a disagreement with staff over how many units per acre and how much required commercial space must be built.

The request, made by attorney Kim Rozanka on behalf of 1611 Meridian LLC, came during the public‑comments portion of the meeting. Rozanka said the project — described in materials provided to council as “the essence at Palm Bay” — is a four‑acre site intended as an affordable housing development and that the applicant was told at different times by staff it could range from 40 to 75 units per acre and that the commercial component requirements had shifted.

“At that time, we were under the impression by your growth manager director at the time that we could have 75 units to the acre, and there was no conversion commercial component,” Rozanka said. She told council she filed an appeal April 22 and asked council to schedule a hearing “on or before May 22.”

City Attorney (on record as “City Attorney” in the meeting) and planning staff told council the matter remains an administrative review because there has been no final, appealable order. The city attorney said the code section Rozanka cited—“Under 172.014” in her remarks—applies when there is an alleged error in an order, requirement, decision or determination by the city manager or designee, and that, on this project, staff has issued comments but not a final administrative order.

“We have a new city manager, and we have a new bill that’s going to limit,” the city attorney said, referring to pending state legislation mentioned during public comment. She added that the applicant’s correct next step is to respond to staff comments and continue the administrative process unless and until the city issues a final decision that can be appealed.

City Manager Matthew Morton told Rozanka he was open to working with the applicant and staff to resolve outstanding draft plan comments, and he said staff had suggested phased options and further discussion rather than immediately invoking the appeal process.

Developer representative Nuri Dora also spoke, saying the team has financing ready and that the site has been vacant and problematic for the city. “We are here to try to help. We are here to try to work together,” Dora said.

Deputy Mayor Jaffe and several council members asked staff to pursue clearer communication with the applicant and suggested the new state legislation the speakers referenced could change local requirements.

No formal vote or council direction to set a special appeals hearing was recorded in the meeting minutes; council members and staff discussed options to continue working administratively and to revisit the item if a final, appealable decision is issued.

Why it matters: The item involves a proposed affordable housing project for Palm Bay and touches on how local land‑use decisions intersect with pending state law and administrative review procedures. The council’s approach will affect whether the project proceeds through staff review or is elevated to a formal council appeal.

What’s next: Staff and the applicant indicated they would continue discussion; Rozanka asked council to set the appeal within the timetable in her packet if the administrative path does not resolve outstanding differences.