MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

 

December 4, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 4, 2008 at 5:02 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, County Manager Peggy Busacca, and Assistant County Attorney Morris Richardson.

 

 

The Invocation was given by Commissioner Andy Anderson, District 5.

 

 

Commissioner Robin Fisher led the assembly in the Pledge of Allegiance.

 

 

Chairman Nelson thanked the Board for attending the Groundbreaking Day at Embraer; it was a remarkable start to have the Governor, Legislators, all of the County Commissioners, and representatives from some of the cities; it was a great day for Brevard County; Embraer will be starting its facility, which is going to generate 200 jobs; and as the President of Embraer reminded everyone, it was not $41 million dollars it was $50 million dollars.  He stated he was speaking with a local accounting firm that is doing business for Embraer; it has already started; the 200 jobs are actually the jobs of the people who are manufacturing the airplane; the spinoff benefit goes well into the community; and that is why it is so important that the Board supported Embraer.  He advised many things have been learned through the process, but it was all worthwhile. 

 

 

Chairman Nelson distributed the list of Commissioner/Liaison appointments; he wants to go over the appointments briefly; in some cases there is more than one member, for instance with the ECFRPC there are two members; and for the Florida Association of Counties, there are no meetings that a Commissioner has to attend as that is optional.  He stated some are committees that once the projects are completed they will go away; and he sits on the Space Coast Regional Centraplex, which is kind of a County Fair project that the Board has been involved and he is working with the Agricultural community to try to move forward.  He stated he will provide each Commissioner a book once it is complete, which will list the Resolutions as to why he or she is there, what is supposed to be done, and any information that can be generated to help; in some cases there is additional opportunity for explanation from some of the organizations, for
instance the Clerk’s Office handles the Value Adjustment Board; they do a great job; and they can give some insight as to what the requirements are.  He advised there are two appointments that need Board action according to the Resolutions that created them; one is the Children’s Services Council; he asked Commissioner Fisher to sit on the Board; and the Value Adjustment Board itself requires a vote of the Board to have two members.  He advised last year there were three members on the VAB; the State Legislature changed the law to two members; there are two citizen members; and one School Board member. 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept the appointments of Commissioner Fisher to the Children’s Services Council and Commissioner Infantini and Commissioner Anderson to the Value Adjustment Board.  Motion carried and ordered unanimously.   

 

 

Assistant County Attorney Morris Richardson read a statement as follows: “The Board of County Commissioners acts as a quasi judicial body when it hears requests for rezoning and conditional use permits.  Applicants must provide competent, substantial evidence establishing facts or expert witness option testimony showing that the request meeting the Zoning Code and Comprehensive Plan criteria.  Opponents must also testify as to facts or provide expert testimony, whether they like or dislike a request is not competent evidence.  The Board must then decide whether the evidence demonstrates consistency and compatibility with the Comprehensive Plan and the existing rules in the Zoning Ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area.  The Board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands.  If a Commissioner has had communications regarding a Zoning item before the Board, the Commissioner must disclose the subject of the communication and the identity of the person, group, or entity with who the communication took place.  Likewise is a Commissioner has made a sight visit or inspection, the Commissioner should disclose that fact upon the record.  Each applicant is allowed a total of 15 minutes to present their request unless the time is extended by majority vote of the Board.  The applicant may reserve any portion of the 15 minutes for rebuttal.  Other speakers are allowed five minutes to speak.  Speakers may not pass their time to someone else in order to give that person more time to speak unless authorized by the Board.”

 

 

Chairman Nelson called for the public hearing to consider items to be tabled, as follows:

 

Zoning Official Rick Enos stated Item VI.A.1. was withdrawn by the applicant Robert Dean Straney; and there is a request from the applicant to table Item VI.A.2. to the February 5, 2009 Board meeting.

Item VI.A.2. (Z0810102) The B.D.M. Financial Corporation; Jacob Aaron Corporation; Michael P. & Lori L. Melzer; and Richard & Patricia Melzer’s request for a Small Scale Plan Amendment (08S.17) to change the Future Land use designation from Res. 4 & NC to CC on 8.46 acres; a change from GU & RU-1-11 to TU-2, with a BDP, on 22.98 acres; and a change from RU-1-11 to BU-1 on 15.33 acres located on both sides of Port St. John Parkway, between I-95 and Grissom Parkway.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to table Item VI.A.2. to the February 5, 2009 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson called for the public hearing to consider Planning and Zoning recommendations of November 10, 2008, as follows:

 

Item VI.B.1.  (Z0811101)  Brevard County Board of County Commissioners’ request that the property owned by Brevard County, to change from GU, GML, and GML(H) to all GML(H) on 234.68 acres located on the west side of Adamson Road, north of SR 524, which was recommended for approval by the Planning and Zoning Board.

 

Zoning Official Rick Enos stated this is the County’s landfill on Adamson Road in West Cocoa; the County is extending that facility to include a mulching facility; and it was approved unanimously by the Planning and Zoning Board.

 

There being no further comments or objections heard, motion was made by Commissioner Fisher, seconded by Commissioner Anderson, to approve Item VI.B.1. as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.2.  (Z0811401)  Golden Triangle Realty, Inc.’s request for a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 classification on 0.09 acre located on the west side of Wickham Road, south of Jordan Blass Drive, which was recommended for approval by the Planning and Zoning Board.

 

Commissioner Bolin stated in response to the regulations that the Board has ahead of it, she has eaten at every establishment in that entire shopping center, so she does not know if she made a sight visit or not.

 

Grace Zhao stated Rui is her husband and he is in China right now.  She stated they are expanding the restaurant and applying for a liquor license. 

 

Commissioner Bolin inquired if there have been any objections on the item; with Mr. Enos responding no.

 

There being no further comments or objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to approve Item VI.B.2. with the stipulation that the CUP is an accessory to a restaurant only. 

 

 

Chairman Nelson stated typically he knows she likes to make these accessory uses to the restaurant; and inquired if that is her desire to do that this time.  He advised it prohibits it from being turned into a pool hall for instance; and as long as it is a restaurant, typically that is the only use.  Commissioner Bolin stated that is an excellent idea and she wants to amend the motion. 

 

Chairman Nelson called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Item VI.B.3.  (Z0809402)  MMJC Realty, Inc.’s request for a CUP for Commercial/Recreational Marina in a BU-1 classification on 4.1730 acres, ± located on the southeast corner of Coquina Ridge Drive and North U.S. 1, which was recommended for approval by the Planning and Zoning Board with the condition that slips 16, 17 and 18 will not be allowed to house multi-level vessels.

 

Mr. Enos stated the objector has spoken to the applicant; it has been worked out; the Planning and Zoning Board made a recommendation with a condition; and the condition is that slips 16, 17, and 18 would not be allowed to house multilevel vessels.  He advised the Board can approve the Planning and Zoning recommendation as stated.

 

Chairman Nelson inquired if Mr. Corrigan is in agreement with the stipulations.

 

Ray Corrigan stated he is fully in agreement with that; he thinks the owners, MMJC Realty, Inc. and Mr. Farrington, who owns the property that abuts to the south, should mediate what the verbiage would be for that so they are both in agreement.  He stated they should talk and mediate that together.  Chairman Nelson stated that would require the item to be continued until February 5, 2009.  Mr. Corrigan stated never mind; and it can be as it is and they can work it out among themselves.

 

Mr. Enos stated the original concern was the opponents or the neighbor to the south has a house that sits up a bluff about 15 feet or so and the idea was they did not want any boats tall enough so that the second level boat would be so high it would be on the same level as the house.

 

There being no further comments or objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to approve Item VI.B.3. as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.4.  (Z0811102)  Kristin Courtney Winstead’s request for a change from AU to RR-1 on 1/85 acres located on the north side of Maebert Road, east of U.S. 1, which was recommended for approval by the Planning and Zoning Board.

 

John Boelke stated he lives directly across from the area they want to change; Maebert Road is a dirt road only eight-tenths of a mile long; there are barely 12 houses on this road; of the 12 houses that are on it, six of them have children, seven of them have horses, one has goats, one has cattle, and his neighbor has tigers in his backyard.  He advised this is not a residential area it is an Agricultural area.  He stated because it is a dirt road, he wants to retain it as a dirt road because of all of the horses; people ride up and down the road on horses all of the time; the change here would bring more traffic and more problems with the road; and the road is not grated by the County it is grated locally by an individual.  He stated the problem here is there is a slippery slope that will take place; if the Board grants one residential, others will want residential; Mr. Winstead has three acres; he already has a house on the three acres; and he wants to put a second house on the same three acres.  He stated he is asking that the Board deny the request and maintain the plan because the plan is for 2.5 acres; and there are plenty of places in the County where a person can go and find an acre or two of land that does not have this kind of a plan for the 2.5 acres.

 

Gloria Colarchik stated her husband and she moved up to this area about six years ago because it was an Agricultural area; she has had goats in the past and currently have horses and rabbits; and she moved in this area for that reason so they could be in an area where there are orange groves being harvested and places to ride horses.  She stated this is a dirt road; if it starts to change and homes are allowed to be built on something less than the two and one-half acres it will minimize the areas where they have to ride their horses; and she is opposed to the zoning change.

 

Mr. Enos stated he provided a map of the Comprehensive Plan in that area to the Board; this area was the subject of a recent change; this parcel is in the middle of a block that remained Residential 1; the block to the south and to the east did change from Residential 1 to Residential 1 per two and one-half; however, this area and this block did stay at Residential 1; and this request would be consistent with the Residential 1 designation.

 

Commissioner Infantini inquired what Residential 1 is; with Mr. Enos responding residential at one unit per acre; the RR-1 zoning is a one-acre lot requirement; this parcel is 1.85 acres; and both the parcel and the request at RR-1 would be consistent with that designation.

 

Commissioner Fisher inquired if it was originally bigger than 1.85 acres; with Mr. Enos responding this parcel was originally part of the parcel directly to the west; it was a much larger tract at well over two and one-half acres; and then it was split nearly in half not too long ago.  Commissioner Fisher requested that staff explain the study that was done in Mims not long ago.

 

Planning and Zoning Director Robin Sobrino stated as part of the Mims Small Area Study a good portion of this area was recognized as being Agricultural, even though the Future Land Use Map had called for residential at one unit per acre; and as part of the Mims Small Area Study a good portion of this community was re-designated as Agricultural to reflect the character.  She advised that this particular neighborhood that the property is located within was taken out of the change in land use designation so that it would remain Residential 1; primarily it was because this was an area that happens to have had parcelization that was less than two and one-half acres in size; and they left that area out. 

 

Commissioner Fisher inquired if that study was going on this area was looked at to whether the residents wanted to make it part of that study and if it was left out; and further inquired if all of the homeowners were contacted.  Ms. Sobrino responded originally it was designated to be included in going to Agriculture from Residential 1; but due to some homeowners request and looking at the parcelization in the area, the Board directed staff to remove a portion of that area and keep it as Residential 1.

 

Commissioner Anderson stated the intent of Agricultural use is pretty common sense; the lot is undersized for Agricultural use in the future; and inquired if much Agricultural use can be gotten out of this lot.  Mr. Enos explained the AU zoning classification is Agricultural residential and it does require two and one-half acres and it has since 1976.

 

Commissioner Bolin inquired if it is kept as AU is it incorrectly zoned due to its size; and further inquired if putting it into RR-1 will correct the situation.  Mr. Enos responded it will match up with the Comp Plan; under the current zoning that lot is not usable as configured now; the lot is 1.85 acres; the AU needs two and one-half; but the RR-1 zoning requires just one acre. 

 

Chairman Nelson stated the use or rezoning of this does not change any of the Agricultural uses, it just means that theoretically some of those uses cannot be done on this property but it does not stop those who have the other categories from continuing to use their property for Agriculture.  He stated one of the concerns he heard was that somehow that might prohibit that.  Mr. Enos advised the other parcels that are still zoned Agriculture can continue to be used for Agriculture.

 

There being no further comments or objections heard, motion was made by Commissioner Infantini, seconded by Commissioner Anderson, to approve Item VI.B.4., as recommended.  Motion carried and ordered unanimously. 

 

 

 

 

Upon motion and vote, the meeting adjourned at 5:28 p.m.

 

 

 

ATTEST:                                                                                                                                                                                                   _________________________________

                                                                        CHUCK NELSON, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

 

___________________

SCOTT ELLIS, CLERK

 

 

            (S E A L)