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Brevard commissioners deny rezoning for North Merritt Island after residents warn of flooding and traffic
Summary
Brevard County commissioners voted 3–2 on Dec. 12 to deny a rezoning request that would have allowed nine townhomes on a 2.47‑acre North Merritt Island parcel, after residents and advisory boards warned the change would worsen chronic flooding and traffic issues.
Brevard County commissioners on Dec. 12 rejected a developer’s request to rezone a 2.47‑acre parcel on North Courtney Parkway from BU‑1 commercial to RA‑2‑4 residential, a move that would have allowed nine townhomes.
The owner, Dan Dvorak, told the board he bought the site in 2005 intending to build a commercial plaza but now seeks single‑family townhomes as a more viable use. “We will develop something,” Dvorak said, adding that single‑family housing is “the most compatible with the neighborhood and the best option.”
Neighbors and advisory boards urged denial. Scores of residents described recurring flooding and said new development has already raised nearby grade and drainage levels. “We are already flooded,” said Spiro Salvanelos, who lives adjacent to the site. “We pump out every single time that there’s rain.” Other speakers cited Administrative Policy 7 and a local LIDAR study, arguing the proposal could “substantially aggravate” existing drainage problems.
Applicant attorney Kim Rzenka and staff disputed assertions that the project would violate county policy, saying staff’s written report found no material conflicts and that modern civil‑engineering standards and compensatory storage requirements would prevent adverse impacts. Rzenka noted the site’s community‑commercial future land‑use designation allows a density bump to res‑4 in some circumstances.
Commission discussion focused on balancing property rights against neighborhood impacts. Commissioner Goodson moved to deny the rezoning; Commissioner Delaney seconded. The motion — amended to ask the county attorney to draft findings of fact and conclusions of law to be returned to the board — passed on a 3–2 roll call (Delaney yes; Goodson yes; Atkinson no; Altman no; Chair Feltner yes).
The board’s denial closes the current application. County counsel was directed to prepare formal findings to document the board’s action for a future consent agenda item.
