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Malabar council approves transmittal of EAR-based comprehensive plan update to state
Summary
The Malabar Town Council voted 3-1 to transmit an EAR-based update of the town comprehensive plan (Ordinance 2026-04) to the Florida Department of Commerce for state-coordinated review, with planners recommending modest edits including a review of accessory dwelling units (ADUs) and removal of hard dates from plan language.
The Malabar Town Council voted 3-1 on July 20 to transmit an Evaluation and Appraisal Report (EAR)-based amendment to the town’s comprehensive plan to the Florida Department of Commerce for state-coordinated review under Section 163.3184(4), Florida Statutes. The motion to approve the transmittal was made by Council Member Marisa Acquaviva and seconded by Council Member Mary Hofmeister; Council Member Wayne Abare cast the lone dissent.
Kimley Horn planners Eliza (presenter) and Sri told the council the update is a routine, periodic review intended to ensure consistency with state law and population projections. "She categorized this EAR update as an oil change, not an engine replacement," the presentation said, reflecting the consultants' view that the changes are limited rather than a wholesale rewrite. The consultants noted the town remains primarily residential and has capacity to meet the state’s 10–20-year projections using county and state data.
The presentation recommended several targeted edits: consider adopting an accessory dwelling unit (ADU) code for possible future availability (the state encourages ADU review but does not require adoption); remove hard dates in plan text that can quickly become outdated; separate or remove the Data Inventory and Analysis as a standalone document; clarify that Malabar does not maintain its own impact-fee program and should reference Brevard County’s program; and adjust the historic-housing policy so homes older than 50 years may apply for historic status.
Several council members questioned specifics. Council Member Wayne Abare said ADUs do not fit Malabar’s predominantly single-family character and asked whether lack of central water and sewer limits commercial growth along Malabar Road; Town Manager Lisa Morrell replied that utility extensions are possible but often cost-prohibitive. The ordinance transmittal will send the EAR to the state for review, a process the consultants said typically takes up to three months before returning to the council for final action.
The council’s roll-call on the motion recorded votes as follows: Dykes — Aye; Heiler — Excused; Hofmeister — Aye; Acquaviva — Aye; Abare — Nay. The motion carried 3-1. The item was introduced as Ordinance 2026-04.
