The Brevard County Planning and Zoning Board, acting as the local planning agency, recommended approval of four land-use applications and an amendment to County sign rules and voted to ask the Brevard County Board of County Commissioners to consider either joining a lawsuit challenging SB 180 or asking the legislature to repeal or amend the law.

The actions followed presentations by applicants and staff and were unanimous on each item. Board members also adopted a motion directing the board chair to coordinate with county staff on drafting a letter to the County Commission outlining two options: join litigation challenging SB 180 or request repeal or amendment of the statute.

The most consequential non-permit outcome was the board's motion about SB 180. Board member Ruth Amato said the law has undercut the board's advisory role, arguing, “If we don't have the ability to do that because nothing we say matters, then why are we here?” County planning staff told the board that an amendment to SB 180 (section 28) was applied retroactively to Aug. 1, 2024, and that the county's recent EAR-based comprehensive-plan amendments and the Brevard Barrier Island Protection element were deemed effectively null and void. Staff advised the board that, without a legislative fix, the statute's restrictions on adopting more restrictive land-development regulations extend through Oct. 1, 2027, with possible extensions in hurricane-adjacent circumstances.

On permits and rezoning the board recommended approval of the following items, each forwarded to the County Commission for final action at its Nov. 6 meeting at 5 p.m.:

- Item H1: Housing Authority of Brevard County (conditional use). The board recommended a conditional-use permit to allow a maintenance building on a roughly 12-acre housing-authority site at the northwest corner of Aurora Road and Marywood Road. Applicant Steve Monroe of Monroe Engineering said the proposal is for a roughly 4,000-square-foot maintenance building with three offices, up to eight employees, on-site parking, stormwater controls and a six-foot perimeter security fence; utilities would be provided by the City of Melbourne. The board approved the item by motion and second; the vote passed unanimously.

- Item H2: Rezone and lot split for property on South Tropical Trail (Laurence Crumley application). Bruce Moya of MBB Engineering told the board the request would split a 3.03-acre parcel to create a 0.51-acre buildable lot and rezone the new lot to RU-113 so a neighbor can build a home for a family member. The entrance will use an existing paved driveway on Goldenrod. The board approved the rezoning by motion and second; the vote passed unanimously.

- Item H3: Richard Brandon rezoning (GU to AU). Applicant Richard Brandon said he seeks agricultural (AU) zoning to retain agricultural uses and install a swimming pool; staff noted an administrative waiver had addressed lot-size and setback issues. Brandon also said he is a commercial beekeeper and prefers AU zoning for that use. The board approved the rezoning by motion and second; the vote passed unanimously.

- Item H4: John McLeod rezoning (GU to SR). John McLeod (represented in part by his daughter, Stacy Rossborough) requested a rezoning to SR for a 0.94-acre lot the applicant said had been mis-zoned for decades; staff explained GU zoning requires larger minimum lot sizes and that the lot was substandard under current GU requirements. The board approved the rezoning by motion and second; the vote passed unanimously.

- Item H5: Amend Chapter 62, Article 9 — community development district (CDD) park signage. The board recommended changes to allow CDDs to install freestanding and wall signage for parks where there is no building to anchor a sign. Staff and specialists explained the amendment sets a per-sign maximum of 75 square feet and a combined maximum of 150 square feet for all signs for a single park; multiple signs are allowed provided the total does not exceed 150 square feet. Staff said county parks that have buildings follow existing sign limits tied to building size, but many CDD parks do not have buildings and therefore could not previously be sized. The board approved the code amendment by motion and second; the vote passed unanimously.

Board members asked that the item about SB 180 be communicated promptly to the Board of County Commissioners; staff said they would assist the board chair in drafting a letter and noted the County Commission itself is scheduled to consider related items at its meeting the next day. No formal litigation decision was made by the Planning and Zoning Board; the board's action was a recommendation to the County Commission to either join existing litigation or request legislative change.

All items on the Planning and Zoning Board agenda will go to the Brevard County Board of County Commissioners for final decisions at the Nov. 6 county meeting at 5 p.m., per staff announcement at the meeting.